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Dataprivacy Policy

GEMA International Hosting AG

We are very pleased about your interest in our company.

The responsible and legally compliant handling of personal data is of great concern to us, GEMA International Hosting AG, Neuhofstrasse 5A, 6340 Baar, Switzerland ("we", "us" and the like). We process personal data at all times in compliance with applicable law, in particular the Swiss data protection law and additionally the General Data Protection Regulation of the European Union (EU GDPR).

The purpose of this Privacy Policy is to explain how personal data about you is processed when you visit or use our website (e.g. by browsing through the pages our website or contacting us via an online form).

1. Responsibility

GEMA International Hosting AG is responsible for the processing of personal data as described in this Privacy Policy.

2. Personal data collected when visiting or using this website

Personal data is any data and information relating to an identified or identifiable natural person. The following personal data is collected and processed when you visit or use our website:

Server log files:

Whenever our website is visited or used, the web server automatically collects the following personal data:

  • the browser type and version used
  • the operating system used by the accessing system
  • the website from which an accessing system reaches our website (known as the ‘referrer’)
  • the subpages on our website that are accessed through an accessing system
  • the date and time the website is accessed
  • the ‘Internet protocol’ address (IP address)
  • the Internet service provider of the accessing system

The purposes for collecting and processing this personal data is:

  • to help us deliver the contents of our website correctly
  • to optimize the contents of our website and the advertising for it
  • to keep our IT systems and website technology functioning at all times
  • to provide law-enforcement authorities with the information they need to enforce the law in the event of cyberattack.

Whenever possible, the personal data collected will be anonymized. With these purposes in mind, we statistically evaluate the (anonymized) data with the aim of improving data protection and data security in our company, ultimately to ensure optimum protection for the personal data we process. The anonymous data in the server log files are stored separately from all the personal data a data subject provides.

Server log files are stored for a maximum of 30 days.

Our legitimate interest for the collection and processing of the personal data listed above is the ensuring of the sustainable operation of our website.

Cookies:

This website uses cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.

Cookies contain a so-called ‘cookie ID’ that is used to uniquely identify the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific Internet browser in which the cookie was stored. This makes it possible to distinguish the websites and servers, and the data subject’s individual browser, from other Internet browsers containing other cookies. A particular Internet browser can be recognized and identified through its unique cookie ID.

You can prevent our website from setting cookies at any time through an appropriate setting of the Internet browser used, thereby permanently objecting to the storage of cookies. Any cookies already stored can also be deleted at any time (via the web browser or other software programs). If you deactivates cookie storage in your Internet browser, some of our website’s functions may not be fully usable.

The cookies we use are ‘strictly necessary cookies’ or ‘functional cookies’. Strictly necessary cookies are required to operate our website. They are deleted when the website or Internet browser is closed.

The functional cookie is only used to store your decision to accept cookies. This is why the cookie notice will not appear the next time you visit our website. Functional cookies are deleted automatically after one year at the latest.

We do not use cookies for analysis or target group-oriented advertising.

Our legitimate interest for the collection and processing of personal data via cookies is the technical operation of the website, in particula making it more user-friendly, effective, secure and legally compliant.

Google Analytics:

If you have given your consent, we use Google Analytics to tailor the content of the website optimally to the needs of our visitors.

Google Analytics is a web-analytics service operated and provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, United States). Google processes website-usage data on our behalf and has a contractual obligation to take steps to ensure the confidentiality of the data processed.

The following personal data is collected during your website visit:

  • Pages accessed
  • Achievement of ‘website targets’ (e.g., contact requests and registration for newsletters)
  • Your behavior when visiting the pages (e.g., clicks, scrolling behavior and duration of your visit)
  • Your approximate location (country and city)
  • Your IP address (in truncated form to prevent clear assignment)
  • Technical information such as web browser, Internet provider, device and monitor resolution
  • The original source of your visit (‘referrer’)

This data is transmitted to a Google server in the USA.

Google Analytics stores cookies in your web browser for a period of two years from your last visit. These cookies contain a randomly generated user ID that identifies you during subsequent visits of our website.

The data recorded is saved together with the randomly generated user ID; this permits evaluation of pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data is stored indefinitely in aggregated form.

We cannot rule out the possibility of data being passed on to Google's contractual partners.

In the case of processing carried out in the USA, there is a risk that an adequate level of protection for the processing of personal data in accordance with European law under the GDPR cannot be consistently ensured. Furthermore, it cannot be ruled out that US government agencies may also access personal data processed by the service provider due to laws applicable in the USA.

If you do not consent to this collection and processing of your personal data, you can prevent it through one-off installation of the browser add-on that deactivates Google Analytics or by rejecting the relevant cookies via the cookie popup on our website.

Google Ads:

If you have given your consent, we use the online marketing method Google Ads to advertise our products and services. The legal basis for the processing of personal data in this context is Art. 6 (1) (a) GDPR (consent).
Google Ads is a service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).
Data processing is largely carried out by Google. The remarketing function used within the Google Ads service places ads in the Google advertising network (e.g., in search results, in videos, on websites, etc.) so that they are displayed specifically to users who are likely to be interested in the ads. For these purposes, so-called (re)marketing tags are integrated and executed directly by Google on our website and other websites where the Google advertising network is active. In this way, an individual cookie or comparable technical tool is stored on the user's device, which serves to recognize your browser. Google usually stores information about which websites the user has visited and which content/offers they were interested in in the cookie or comparable technical tool. In addition, further technical information is stored, e.g., about the browser and operating system, referring websites, and visit times.

The use of Google Ads Conversion also allows us to track how many website visitors take action as a result of an ad, based on a conversion cookie. The evaluation is possible via so-called conversion statistics, which are created by Google. However, as the website operator, we only see the anonymous total number of users who clicked on an ad and were redirected to a website tagged with a conversion tracking tag. The conversion statistics therefore do not enable us to personally identify website visitors.
The information generated by cookies and similar technical tools, including the IP address of users, is processed by Google so that the information can be combined with other data stored by Google.

We cannot rule out the possibility of data being passed on to Google's contractual partners or transferred to Google's servers in the USA.
When processing takes place in the USA, there is a risk that an adequate level of protection for the processing of personal data in accordance with European law under the GDPR cannot be guaranteed throughout. Furthermore, it cannot be ruled out that, due to laws applicable in the USA, US government agencies may also have access to personal data processed by the service provider.

The data transferred to Google is usually deleted automatically after 6 months at the latest. Data that has reached its retention period is deleted automatically.

The cookies and similar technical tools used by Google Ads can be viewed directly via the consent tool.

LinkedIn Insight Tag:

If you have given us your consent, our website uses the conversion tool “LinkedIn Insight Tag” from LinkedIn Ireland Unlimited Company. This tool creates a cookie in your web browser that allows the following personal data to be collected:

URL, referrer URL, IP address, device and browser properties (user agent) as well as timestamps and page events (e.g. page views).

IP addresses are shortened or (if used to reach members across devices) hashed. Members' direct identifiers are removed within seven days to pseudonymize the data. This remaining pseudonymized data is then deleted within 90 days.

LinkedIn does not share personal data with us but offers anonymized reports on website audience and ad performance. In addition, LinkedIn offers the possibility of retargeting via the Insight Tag. We can use this data to display targeted advertising outside our website without identifying you as a website visitor. You can find more information on data protection at LinkedIn in the LinkedIn privacy policy.

LinkedIn members can control the use of their personal data for advertising purposes in their account settings. To deactivate the Insight tag on our website ("opt-out"), click here.

Contact form / Contact by email or telephone

When you contact us via the contact form or directly by email or telephone, the data and information you provide (name, company, country, email address, telephone number and the content of your message) will, where possible, be transmitted to us in encrypted form and stored by us.

Contacting us is entirely voluntary. Failure to provide this information will have no adverse consequences for you. The data is processed solely for the purpose of answering your questions or handling your enquiry.

The legal basis for the processing of personal data is our legitimate interest. We have a legitimate interest in processing and responding to enquiries from data subjects for the specific purpose for which they contacted us.

For the effective handling of enquiries, the information provided in connection with your contact may be forwarded to the relevant departments and specialist teams within the GEMA Group on the basis of a data processing agreement or legitimate interest.

Any further use or disclosure of your data will only take place where required to comply with legal obligations. We will retain your personal data only for as long as necessary for the purpose of handling your enquiry or as required to comply with statutory retention periods.

Data protection during the job-application process:

In the case of e-mails sent to apply for a vacancy we process your personal data based on fulfillment of contract or implementation of pre-contractual measures in the employment relationship.

We process our job advertisements and related applications via Personio GmbH, a company based in Germany. This company processes your data on our behalf. We thus remain the controller with respect to your data. As we use an SSL-encrypted connection to transmit your data to Personio, this data is not visible to third parties. All the data is stored in a database. A data processing agreement exists between us and Personio.

Only data that you provide to us is collected and processed.

If we decide to choose another applicant, we will delete your data after 6 months in order to be able to respond in the event of any legal actions that may arise. If we would like to keep your data on hand longer, to have access to them in connection with a subsequent vacancy, we will solicit your consent beforehand.

Only senior managers and HR staff will have access to your data.

3. External service providers/recipients of the data

We use external service providers for the administration and maintenance of the IT systems, to support the operation of the website (e.g. hosting provider) and to map the applicant management as well as for the administration and sending of newsletters or electronic advertising.

The service providers have been carefully selected by us, are obliged to maintain confidentiality and may only use your personal data strictly for the purpose of fulfilling their contractual obligations under the agreements concluded between them and us. We have entered into a data processing agreement with all of them (including, where required, the EU standard contractual clauses).

4. Duration of storage of personal data collected through the website

Unless otherwise stated above, we store and process your personal data for as long as is necessary to achieve the purpose for which it was collected or as long as this is required or permitted by law. For example, we have a legitimate interest in storing your personal data for as long as it is subject to a retention obligation or storage is necessary for reasons of evidence or security. Afterwards, your personal data will be deleted from our systems or anonymized so that you can no longer be identified.

5. Technical and organizational measures

We have taken appropriate technical and organizational measures to protect your personal data (in particular access and misuse by unauthorized third parties) and to ensure data security commensurate with the risk. This includes the use of the latest SSL security standard (256-bit Secure Socket Layers).

6. Automated decision-making and profiling

As a responsible company, we do not make use of automatic decision-making or profiling.

7. Contact

You are welcome to contact us at any time with any questions or suggestions regarding data protection. Please contact us as follows:
By e-mail: info@thegema.com
By phone: +41 41 544 77 90
By mail: GEMA International Hosting AG, Neuhofstrasse 5A, 6340 Baar, Switzerland

You can directly contact our data protection officer/data protection advisor as follows:
By e-mail: data-privacy@thegema.com
By mail: GEMA International Hosting AG, Data Protection Officer, Neuhofstrasse 5A, 6340 Baar, Switzerland

8. Your rights

You have, to the extent provided for in the scope of applicable law (including the EU GDPR) and subject to the conditions set forth in applicable law, the following rights with respect to the processing of your personal data:

  • Right to information:

You have the right to obtain confirmation from us as to whether we are processing personal data about you and, if so, to request information about the processing of your personal data. This information includes, in particular, details of the purpose of the processing, the categories of personal data and the recipients or categories of recipients to whom the personal data have been or will be made accessible.

  • Right to rectification:

You have the right to rectify and/or complete your personal data processed by us.

  • Right to erasure:

You have the right to have your personal data erased unless we are required by applicable laws and regulations to continue to retain your personal data (in whole or in part) or have an overriding interest in continuing to retain it if

  • the personal data is no longer required for the purposes pursued;
  • you have revoked your consent (if such consent has been given) and there is no other legal basis for the processing;
  • you have effectively objected to the processing;
  • the personal data has been processed unlawfully.
  • Right to restrict processing:

You may request us to restrict processing in the following cases:

  • if you dispute the accuracy of the personal data, for the duration of our review and subsequent rectification or rejection of the rectification;
  • if, in the event of unlawful processing, you object to the erasure and wish instead to restrict the processing;
  • if, after the purpose has been fulfilled, you request that the personal data not be erased but be kept for the purpose of asserting rights;

The personal data concerned will be segregated or marked for the duration of the restriction. In addition to the storage, any further processing of this personal data will only take place with your consent.

  • Right to data portability:

Under certain conditions, you have the right to receive the personal data you have provided in a structured, commonly used and machine-readable format. You are entitled to have this personal data transferred to another company without hindrance, insofar as this is technically possible.

  • Right to object:

You have the right to object to our processing of your personal data at any time for reasons relating to your particular situation and to request us to stop processing your personal data. If you have the right to object and exercise this right, your personal data will no longer be processed by us for such purposes.
Please note that, in particular, there is no right to object if we have compelling legitimate grounds for processing that override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims or is necessary for the conclusion and performance of a contract.
Insofar as we process your personal data for the purpose of direct advertising, you have the right to object to this processing at any time. After your objection, your personal data will no longer be processed for this purpose.

  • Right to withdraw consent:

If you have given us consent to process your personal data for one or more specific purposes, you have the right to withdraw consent for one or more of those purposes. The withdrawal of consent does not affect the lawfulness of the processing carried out until the withdrawal.

You can assert your rights in connection with the processing of your personal data in writing via the contact options listed above by sending us your request by mail or e-mail. Please enclose a copy of your identification document (identity card or passport) with your request.

For our part, we reserve the right to assert the restrictions provided for by law, for example if we are legally obliged to retain or process certain personal data or have an overriding interest in doing so because we need the relevant personal data, for example, to assert, exercise or defend legal claims.

You also have the right to lodge a complaint with the competent supervisory authority, in particular in the member state of your habitual residence or of the place of the alleged infringement, if you believe that the processing of your personal data violates applicable data protection law. The competent supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

9. Amendments

We reserve the right to amend and supplement this Privacy Policy at any time and at our own discretion. The version published on our website will apply in each case.