Privacy Policy

Valid as of 1 September 2023

Schmohl AG (hereinafter referred to as “Schmohl AG”, “we” or “us”) undertakes to process all personal data (hereinafter referred to as “personal data”) collected via the portal in accordance with the Swiss Data Protection Act and to take appropriate security measures to protect such data from unauthorised access. In this Privacy Policy, we inform you in particular about what personal data is collected and processed in connection with the use of the portal, for what purposes it is used, to whom it may be disclosed and what your rights are in connection with the use of your personal data by Schmohl AG. Personal data is any data relating to a specific or identifiable natural person or legal entity, e.g. name, first name, address, e-mail, date of birth or telephone number.

This Privacy Policy is an integrated part of the Terms of Use of Schmohl AG.

By accessing the online portal (hereinafter referred to as “portal” or “website”) and using the services and products we offer, you declare that you have read this Privacy Policy carefully and agree to the described data processing. Any questions in connection with this Privacy Policy can be sent by e-mail to at any time. If you do not agree with this Policy, you must refrain from accessing the portal and using our services and products.

CONTENTS

1. Who is responsible for your personal data?

2. How do we process personal data?

3. What personal data do we collect and for what processing purposes?

4. On what legal basis do we process personal data about you?

5. To whom do we disclose your personal data?

6. Transfer of personal data to non-EEA countries

7. How long do we store information about you?

8. Cookies, Google services

9. Social media plug-ins

10. E-mail communication and newsletters for advertising purposes

11. No automated decisions including profiling with legal effect

12. Security

13. Privacy policies of third-party providers

14. Children

15. What are your rights?

16. Changes to our Privacy Policy

 

 

1. Who is responsible for your personal data?

The responsible party according to the Data Protection Act is Schmohl AG, Stinson-Strasse 2, 8152 Glattpark/Zurich, 043 211 44 44, e-mail: .
Schmohl AG determines the purposes and means of the processing of your personal data and is therefore responsible for the processing and use of your personal data in accordance with this Privacy Policy. If you have any questions or concerns regarding this Privacy Policy or the processing of your personal data, please contact us at any time by sending an e-mail to .

 

2. How do we process personal data?

All personal data collected via the website is processed in accordance with the Swiss Data Protection Act. We collect and process personal data carefully and for the purposes described in this Privacy Policy. In accordance with applicable law, we may also use your personal data in ways other than those described in this Privacy Policy. In this case, we will provide you with specific Privacy Policies or notices at the time of collection and seek your consent, if applicable. We always make every reasonable effort to collect information in an anonymous or pseudonymous way so that we are not able to identify you.

 

3. What personal data do we collect and for what processing purposes?

3.1 Personal data automatically transmitted when using the portal

Schmohl AG collects and stores information that your browser automatically transmits to us in “server log files” whenever you visit our website. The data collection is based on your willingness and interest to visit our website and our legitimate interests to operate the website. This may include the following data:

• Browser type and version
• Operating systems which are used
• Referrer URL (the website previously visited)
• Host name of the accessing computer
• Date and time of the server request
• Internet protocol address (IP address)
• Amount of transferred data
• Other similar data and information used to avert danger in the event of attacks on our IT systems

This personal data is not merged with other personal data and is stored separately from any other personal data transmitted by the user. It is deleted from our system after six months at the latest.

Schmohl AG uses the automatically collected personal data to fulfil the following purposes:

• to enable the display, operation and functionality of the portal
• to guarantee the stability and security of the system
• to improve and protect our services
• for statistical purposes in the event of attacks on the network infrastructure on which the website is provided

3.2 Personal data transmitted to us by the user

Schmohl AG collects and processes personal data which the user voluntarily transmits to Schmohl AG by means of an online form directly on the portal, our contact e-mail address, any other applications connected to the portal, by telephone or in any other way. This information includes, for example, the following personal data:

• Company, names, first names, postal addresses, e-mail address, telephone number
• Your message or your enquiry
• Information about your car

The provision of this personal data happens explicitly on a voluntary basis. Without this personal data, however, we will not be able to provide the services requested by the user in the desired quality or at all.

Schmohl AG uses the personal data provided by the user to fulfil the following purposes:

• to provide, maintain, protect and optimise the offered services and information
• to communicate with you and to provide you with the best possible and personalised information that you require from us (e.g. about our products and services)
• to offer you new services and information and, based on your profile, to suggest services and information tailored to you that may be of interest to you
• to comply with legal or other regulatory requirements and internal policies
• to establish, exercise and/or defend actual or potential legal claims, investigations or similar proceedings
• for other legitimate purposes where such processing is apparent from the circumstances or was indicated at the time of collection

3.3 Surveillance camera recordings

3.3.1 Purpose of data collection

The surveillance camera is used for the purpose of security and protection of property and persons. The recordings are used exclusively for the prevention and investigation of criminal offences and to ensure proper operation.

3.3.1 Storage period

The data recorded by the surveillance camera is stored for a period of 7 days. Upon expiry of this period, the data is automatically and irrevocably deleted, unless there are legal reasons requiring longer storage.

3.3.2 Access to the data

Only authorised persons have access to the stored data. The data is stored securely and in accordance with the applicable data protection regulations.

3.3.4 Rights of data subjects

Persons recorded by the camera have the right to be informed about the personal data relating to them, the right to have incorrect data corrected, the right to have the data deleted (unless there are legal grounds for not doing so) and the right to lodge a complaint with a supervisory authority.

 

4. On what legal basis do we process personal data about you?

The processing of this personal data is based on the following legal basis:

• your consent, only if it can be revoked at any time (e.g. when you sign up for our newsletter and other marketing communication)
• for the performance of a contract with you or for the intention to enter into a contract with you (e.g. when purchasing a product)
• to comply with any legal obligation (e.g. for tax purposes or for the purposes of any legal investigation or proceedings), or
• to protect our legitimate interests (e.g. protection and security of our services, systems, assets; compliance with legal, regulatory and contractual obligations; assertion, exercise or defence of legal claims; maintaining and efficiently organising business operations; improving and developing our services and selling and marketing our services).

If the processing is based on your consent or our legitimate interests, you may withdraw your consent or object to this processing at any time by contacting us directly at . Please note, however, that the withdrawal of your consent does not affect the lawfulness of the processing based on the consent prior to its withdrawal.

 

5. To whom do we disclose your personal data?

Schmohl AG takes the necessary measures to ensure that only our authorised staff and our partners who have the required know-how have access to your personal data in order to fulfil the purposes for which your personal data was collected.

We may disclose your personal data to the following possible categories of recipients in accordance with the purposes and legal bases of processing described above, to the extent necessary for the intended data processing:

• Other companies of the Group
• Service providers who process personal data on behalf of and at the disposition of Schmohl AG (so-called order processors, such as in the area of IT, hosting and support)
• Customers, partners, suppliers, insurance companies and other business partners
• Media agencies, the public, including visitors to websites and social media of the Group
• Industry organisations, associations and other bodies
• Acquirers of, or parties interested in the acquisition of business units, companies or other parts of the Group
• Courts, arbitrators, law enforcement authorities, regulators, attorneys and other parties to potential or actual legal proceedings where necessary to comply with the law or to establish, exercise or defend rights or legal claims.

We select our partners and order processors carefully and only when sufficiently guaranteed that they dispose of suitable technical and organisational measures in accordance with legal requirements. Our order processors can process personal data only at our disposition. They are all subject to confidentiality requirements and may only use your personal data to the extent necessary to fulfil the purpose for which your personal data was collected, unless otherwise required by law.

 

6. Transfer of personal data to non-EEA countries

Personal data collected through our website is stored in Switzerland and the EU. In addition, we may transfer, store and process your personal data at data locations around the world, e.g. where our third-party providers or partners are located. Therefore, we may transfer your personal data outside the European Economic Area (EEA) if this is necessary for the data processing described in this Privacy Policy in accordance with applicable law.

If data is transferred to countries that do not provide an adequate level of protection, we will ensure adequate data protection by providing appropriate guarantees, such as contractual guarantees (e.g. on the basis of EU standard clauses), on the basis of binding corporate rules, the transfer of data in accordance with your explicit consent, for the conclusion or performance of a contract with you, or in connection with the assertion, exercise or enforcement of legal claims. Further information about our appropriate security measures can be obtained by contacting us by e-mail at .

 

7. How long do we store information about you?

As a general rule, personal data is deleted as soon as it is no longer needed to achieve the purpose for which it was collected, unless longer retention is necessary to comply with legal obligations (e.g. retention and documentation obligations), contractual or pre-contractual obligations or legitimate business interests of us (e.g. to assert, exercise or defend legal claims).

On this basis, we generally process personal data in compliance with the following rules and obligations:

• The personal data automatically transmitted by you by using our portal (cf. section 3.1.) for the purpose of displaying, operating and ensuring the functionality of the portal will be deleted within six months.
• The personal data transmitted by you to us in connection with the use of our services and products which are offered on our portal or which you otherwise transmit to us via the e-mail contact address (cf. section 3.2.) will generally be stored by us until you request us to delete it, revoke your consent to storage or the purpose for storing the data no longer applies (e.g. after processing has been completed).
• For contract-related personal data (including business documents and communications), we store personal data for as long as the contractual relationship exists and thereafter for a further ten years after termination of the contractual relationship, unless (i) a shorter or longer statutory retention obligation applies in an individual case, (ii) retention is required for reasons of evidence or for another valid reason under applicable law, or (iii) deletion of the data is required earlier (e.g. because the data is no longer required or we have to delete the corresponding data).

 

8. Cookies, Google services

If you access or use the website, we may place so-called cookies – small text files – or similar tools on your computer. We use these cookies to recognise you as a user of the website, to customise content, to improve the performance of the website and to enhance its usability.

a) Categories of cookies we use

Depending on their function and purpose, the cookies we use can be divided into the following categories: functional cookies, performance cookies and advertising cookies.

• Functional cookies: These cookies serve a variety of purposes for the display, functionality and performance of a website and, in particular, to improve visitors’ experience and enjoyment of the website. They allow a website to remember information already provided (e.g. username, location or language selection) and provide improved, more personalised functionality to visitors. Functional cookies are used, for example, to remember items such as your login details. These cookies cannot track your activity on other websites
• .Performance cookies: These cookies are used to collect information about how a website is used – for example, how visitors came to our website, which web pages a visitor opens most often, how you navigated our website during your visit and whether you receive error messages from a web page. We may also use these cookies to provide us with certain statistical and analytical information, such as how many visitors have come to our website. These cookies are used to monitor the level of activity on the website and to improve the performance of the website.
• Advertising cookies allow us or a third-party provider to place ads on our website or on third- party websites with products that the user likes, so that the ads the user sees may be more relevant to the user’s preferences or interests (sometimes called “targeting cookies”). They can also be used to evaluate the effectiveness of advertising and sales promotions.

These cookies may be placed by us or a third party on our behalf. For more information about cookies and how they are used, please visit: http://www.allaboutcookies.org/.

You may configure your browser setting so that cookies are not stored on your computer. Complete deactivation of cookies may mean that you cannot use all the functions of our website.

By continuing to use our website and/or by agreeing to this Privacy Policy, you consent to cookies being placed by us and thus to personal usage data being collected, stored and used, even beyond the end of the browser session. You can revoke this consent at any time by activating the browser setting to refuse cookies from third-party providers.

b) Google Analytics

Schmohl AG uses the website analysis service of Google Analytics on its website, which is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The cookies used by Google Analytics are stored on your computer and thus enable an analysis of your use of the website.

We use Google Analytics on the basis of our legitimate interests to analyse and regularly improve our website, as well as to regularly improve our offer based on the statistics obtained and to make it more interesting for you. Furthermore, the use of Google Analytics is based on your consent to the tracking of your browsing behaviour on our website and its analytical analysis.

The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. These cookies may contain the following information, for instance: IP address, number, date and time of the visit, duration of the visit, your access page from which you use the website (reference URL), the pages visited on our website, browser type/version and operating system used. Google will use this information on our behalf because we have a legitimate interest in analysing user behaviour so that we can optimise the services offered on our website as well as our advertising. Google will use this information for the purpose of evaluating the use of our website, compiling reports on website activity and providing other services relating to website activity and internet usage. Pseudonymous user profiles can also be created from the personal data processed.

We have activated the function [IP anonymisation] on this website (so-called IP masking). This means that your IP address is shortened by Google within member states of the European Union, in other contracting states to the Agreement on the European Economic Area and in Switzerland before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

You can prevent the storage of cookies by setting your browser software accordingly. However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent the collection of personal data (including your IP address) generated by the cookie and relating to your use of the website as well as the processing of this personal data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de. For more information on how Google Analytics handles user personal data, please refer to Google’s Privacy Policy: https://support.google.com/analytics/answer/6004245?hl=de.

Furthermore, it is possible that Google will review the user’s use of the website and may combine the personal data collected with other information about the user that Google has independently collected from other websites visited by the user and use it for their own purposes (e.g. to monitor advertising) under their own responsibility based on their own Privacy Policy. For more information on this and how Google processes personal data, please refer to the relevant Google Privacy Policy: https://policies.google.com/?hl=de; https://policies.google.com/technologies/partner-sites.

c) Google Maps

This website uses the offer of Google Maps API, a map service by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently.

The legal basis of the processing results from your consent based on your voluntary entries for the creation of a map and our legitimate interests in the presentation of our location as well as making it easy to find the location we have indicated on the website.

By using Google Maps, information about the use of our website, including your IP address, may be transmitted to a Google server in the USA and stored there. Google may transfer the information obtained through Google Maps to third parties where required to do so by law, or where third parties process the information on Google’s behalf.

Google will not associate your IP address with any other data held by Google. Nevertheless, it would be technically possible for Google to identify at least individual users on the basis of the data received. It is possible that personal data and personality profiles of website users could be processed by Google for other purposes over which we have no and cannot have any influence.

It is possible to deactivate Google Maps and prevent data transfers to Google if you deactivate JavaScript in your browser. However, we would like to point out that in this case you will not be able to use the map function.

For more information on the purpose and scope of data collection and processing by Google, as well as further information on your rights in this regard and setting options for protecting your privacy, please visit: www.google.de/intl/de/policies/privacy.

 

9. Social media plug-ins

On our website, we use the social plug-ins listed below in order to make our company more widely known. The responsibility for operation in compliance with data protection regulations is to be ensured by their respective providers. Data processing in connection with these plug-ins takes place with your consent whenever you use them.

If you use the services of these social networks independently of or in connection with our website, the social networks evaluate your use of the plug-in. In this case, information is forwarded to the social networks via the plug-in.

a) Facebook

Our website uses plug-ins from the social network Facebook, which is offered by Meta Platforms, Inc., 1601 Willow Road Menlo Park, CA 94025, USA. The Facebook plug-ins are marked with a Facebook logo or the addition “Like” or “Share”. An overview of the Facebook plug-ins and their design can be found at: https://developers.facebook.com/docs/plugins.

When you access a page of our website that contains such a plug-in, your browser establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted directly to your browser by Facebook and integrated into the page.

Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.

If you are logged into Facebook, Facebook can directly assign your visit to our website to your Facebook profile. If you interact with the plug-ins, e.g. by clicking the “Like” button, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, can be found in Facebook’s Privacy Policy: www.facebook.com/policy.php.

b) Instagram

On our website, the plug-in of the social network Instagram is used, which is offered by Meta Platforms, Inc., 1601 Willow Road Menlo Park, CA 94025, USA.

The data is only sent to the social media provider if the user activates the social media plug-ins by clicking on the selected plug-in. The user can therefore choose when to activate them. In this case, Facebook can establish a direct connection to the user during your visit to the website, which enables Facebook to know the user’s visit and to analyse the corresponding information. Facebook is responsible for processing personal information in accordance with privacy laws and the Privacy Policy posted on its website (https://help.instagram.com/ 519522125107875/?helpref=hc_fnav&bc[0]=Instagram help section&bc[1]=Policies%20and%20 notifications). Please read the Privacy Policies of your social networks carefully for detailed information about the collection and transfer of personal data, your rights, and how you can achieve satisfactory privacy settings.

c) YouTube

On our website, plug-ins of the social network YouTube are used, which is offered by YouTube, LLC 901 Cherry Ave., 94066 San Bruno, CA, USA, a Google Inc. company, Amphitheatre Parkway, Mountain View, CA 94043, USA. The plug-ins are recognisable, for example, by a red square with a white screen and a red play button. You can find an overview of the YouTube plug-ins and their design here: https://developers.google.com/youtube?hl=de.

If you click on the link to our YouTube profile, you will be redirected to the external YouTube website. From this point on, YouTube’s Privacy Policy applies. It is possible that YouTube collects data about your visit, especially if you are logged into your YouTube or Google account at the same time.

The collection and use of data by YouTube is governed by Google’s Privacy Policy. Further information on the purpose and scope of data collection and processing by YouTube can be found in the provider’s Privacy Policy. There you will also find further information on your rights and setting options for protecting your privacy: https://www.google.de/intl/de/policies/privacy.

 

10. E-mail communication and newsletters for advertising purposes

If you sign up for our newsletter, we will use your e-mail address to send you information about our services as well as other commercial messages (e.g. announcements of events, competitions, promotions and surveys) that may be of interest to you. You can unsubscribe from such newsletter e-mails at any time by clicking on the marked “Unsubscribe from this list” link at the bottom of each e-mail or by e-mailing us directly at .

a) Newsletter tool from Switzerland

The distribution of the newsletter is carried out by “NewsGo”, an e-mail distribution platform of the Swiss provider pixels & points AG, Bachstrasse 52, CH-8302, Kloten.

The e-mail addresses of our newsletter recipients, as well as their other data described in the context of these guidelines, are stored on the servers of pixel & points AG in Switzerland. NewsGo uses this information to distribute and evaluate the newsletter on our behalf. Furthermore, NewsGo may use this data to optimise or improve its own services, e.g. for the technical optimisation of the distribution and the presentation of the newsletter or for economic purposes, in order to determine the countries of origin of the recipients. However, NewsGo does not use the data of our newsletter recipients to contact them personally or to pass them on to third parties.

We trust in the reliability and the IT and data security of NewsGo. NewsGo is also subject to the Swiss Data Protection Act (DSG) and thus undertakes to comply with the Swiss data protection regulations. The pixel & point Privacy Policy can be found here.

 

11. No automated decisions including profiling with legal effect

We will not make any decision about you based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

 

12. Security

Schmohl AG has implemented organisational and technical measures to maintain the security of personal data and to protect it against unauthorised or unlawful processing, accidental loss, alteration, disclosure or access.

Schmohl AG may use third parties as data processors to collect and process your personal data. The data processors we engage will only process your personal data on our instructions and are required by law to take strict security precautions when handling personal data.

Unfortunately, the transmission of information over the internet is not completely secure. Although we do our utmost to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. For this reason, you are free at any time to submit your personal data to us by other means, e.g. by telephone. Once we have received your data, we apply strict procedures and stringent security measures to prevent unauthorised access.

 

13. Privacy Policies of third-party providers

Please note that if you click on a link to a third-party website (e.g. Google or social media or other websites), you will be redirected to a website that we do not control and our Privacy Policy will no longer apply. Your browsing and interacting on another website is subject to the Terms of Use and Privacy Policies and notices of those third-party websites. In addition, we cannot guarantee the accuracy or timeliness of these links.

We encourage you to carefully read the Terms of Use and Privacy Policies and notices of other websites before submitting any personal information on this website. We are not responsible or liable for the information content and data processing of such third-party websites.

We offer various communication channels for video, photo, voice message, text, etc., e.g. WhatsApp. If you contact us using one of these, you agree to these channels being used as a communication channel. The data protection guidelines of these companies/programmes apply and we also process the data supplied by them in accordance with this Privacy Policy.

 

14. Children

Our website is not intended for children and we do not knowingly collect personal information from children under the age of 16 unless we have the explicit consent of their parents. If we are notified or otherwise learn that personal data of a child under 16 has been improperly collected, we will take all reasonable steps to delete that personal data.

 

15. What are your rights?

With proof of your identity, you can request information from Schmohl AG as to whether personal data about you is being processed. In addition, you have the right to request the correction, destruction or restriction of personal data about yourself and to object to the processing of your personal data. If the processing is based on your consent or our legitimate interests, you can withdraw your consent or object to this processing at any time by contacting us directly by e-mail at . In certain cases, you have the right to receive personal data generated by the use of online services in a structured, collective and machine-readable format so that further use and transfer to any third-party provider is possible.

Requests in this regard must be directed to Schmohl AG via the following e-mail address: . Schmohl AG reserves the right to restrict your rights within the scope of applicable law and, for example, to not disclose comprehensive information or to delete personal data. Please note that even after a request to delete your personal data, we must retain all or part of it within the scope of legal and contractual retention obligations. The deletion of your personal data may result in you no longer being able to use our services.

If we refuse your request or you are not satisfied with our processing, you are also entitled to lodge a complaint with the relevant supervisory authority and to lodge an appeal with the relevant authority. The relevant authority is the Swiss Federal Data Protection and Information Commissioner (FDPIC) in Bern (http://www.edoeb.admin.ch).

 

16. Changes to our Privacy Policy

Schmohl AG reserves the right to adapt, supplement or otherwise change this Privacy Policy at any time and without stating reasons. The current Privacy Policy as published on the portal shall apply.