Privacy Policy

I. Name and address of the data controller

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

Fouress Ship Supply Services AG

Birkenstrasse 47

CH-6343 Rotkreuz

Switzerland

Email: info(at)4sss.ch

Website: www.4sss.ch

II. General information on data processing

1. Scope of personal data processing

We process personal data of our users only to the extent necessary to provide a functional website and to provide our content and services. We regularly collect and use your personal data, but only with your consent. An exception applies in cases where it is not possible to obtain prior consent for practical reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 1 lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis for its processing.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 1 lit. b GDPR serves as legal basis. This principle also applies to processing operations which are necessary for carrying out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c GDPR applies as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR applies as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the person concerned do not outweigh the first-mentioned interest, Art. 6 Para. 1 lit. f GDPR applies as the legal basis for the processing.

3. Data deletion and storage duration

Your personal data will be deleted or blocked as soon as the purpose for its storage no longer applies. In addition, the data may be stored if this has been provided for by European or national legislators in EU regulations, laws, or other provisions to which the data controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned regulations has elapsed, unless further storage of the data is necessary for the conclusion or fulfilment of a contract.

III. Provision of the website and creation of log files

1. Description and scope of the data processing

Every time you visit our website, our system automatically collects data and information from the computer system of the accessing computer.

In doing so, the following data is collected:

(1) Information about the browser type and version used

(2) The user’s operating system

(3) The user’s internet service provider

(4) The user’s IP address

(5) Date and time of access

(6) The websites from which the user’s system accesses our website

(7) Websites accessed by the user’s system via links on our website

The data is also stored in the log files of our system. This data is not stored together with any other personal data pertaining to the user.

2. Legal basis for the data processing

The legal basis for the temporary storage of data and log files is Art. 6 Para. 1 lit. f GDPR.

3. Purpose of the data processing

Temporary storage of IP address by the system is necessary to enable delivery of the website to the user’s computer. For the said purpose, the user’s IP address must be stored for the duration of the session.

The log files are saved to ensure the functionality of the website. Data is also used to optimise the website and ensure the security of our information technology systems. We do not evaluate this data for marketing purposes.

These purposes also encompass our legitimate interest in data processing in accordance with Art. 6 Para. 1 lit. f GDPR.

4. Duration of retention

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. In the case the data was collected in order to provide the website, it will be deleted once your session on our site ends.

Should any data be stored in log files, it will be deleted within seven days at the latest. However, it may be retained for a longer period. In this case, the user’s IP address will be deleted or distorted, so that the accessing client can no longer be identified.

5. Objection and deletion option

Collection of data required to make the website available and storage of the data in log files is essential for the operation of the website. Consequently, users cannot object to its collection.

IV. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files stored within or by the internet browser on the computer system of the user. If a user visit a website, a cookie may be stored on the operating system of the user. This cookie contains a distinctive character string enabling the unique identification of the browser when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website require that your browser be identifiable as you move on to another page within the site.

The following data is stored and transmitted in cookies:

(1) Language settings

(2) Login information

We also use cookies on our website that enable an analysis of the surfing behaviour of users (see “V. Google Analytics”).

The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with the user’s other personal data.

When accessing our website, users are informed by an information banner on the use of cookies for analytical purposes and referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.

b) Legal basis for the data processing

The legal basis for the processing of personal data by using cookies is Art. 6 Para. 1 lit. f GDPR.

c) Purpose of the data processing

The purpose of using such technically essential cookies is to make the website easier to use. Some features of our website will not be available if the use of cookies is disallowed. This is why it is necessary that your browser remain recognisable as you make your way through our site.

We require cookies for the following applications:

(1) The application of language settings

(2) Transfer of login information

The user data collected by technically necessary cookies will not be used to create user profiles.

The analysis cookies are used to improve the quality of our website and its content. By analysing cookies, we learn how the site is used and can constantly optimise our service.

The exact purpose of the analysis cookies is described in detail under “V. Google Analytics”.

For the said purposes, our legitimate interest lies in the processing of personal data according to art. 6 para. 1 lit. f GDPR.

e) Duration of retention, objection and deletion option

Cookies are stored on the user’s computer and transmitted to our site. For this reason, as a user, you will retain full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies which have already been saved may be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it will be possible that you will no longer be able to use all of the features offered by the website.

V. Google Analytics

Based on our legitimate interests (i.e. interests in the analysis, optimisation, and economical operation of our website in accordance with Article 6 para 1 lit f GDPR), we use Google Analytics, a web analytics service provided by Google LLC (“Google”). Google used cookies. The information generated by the cookie about the user’s use of the website is generally transmitted to and stored on a Google server in the USA.

Google is certified under the Privacy Shield agreement, thereby offering a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Google will use this information on our behalf to analyse the use of our online offering by users, compile reports on activities within this online offering, and provide us with other services related to the use of this online offering and the Internet. Pseudonymous usage profiles of users may be created from the data processed.

We use only Google Analytics with IP anonymization enabled. This means that users’ IP addresses are shortened by Google within EU member states or other countries party to the Agreement on the European Economic Area. The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases.

The IP address sent by your browser will not be associated with other data held by Google. Users may prevent the use of cookies by selecting the appropriate settings in their browser; users can also prevent Google from collecting the data generated by the cookie regarding their use of the website and the processing of this data by Google by downloading and installing the browser plugin available via the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on data use by Google, setting and objection options, can be found in Google’s data protection policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated). Users’ personal data will be deleted or anonymised after 14 months.

As an alternative to the browser Addon or within browsers on mobile devices, you can click this link in order to opt-out from being tracked by Google Analytics within this website in the future (the opt-out applies only for the browser in which you set it and within this domain).

Deactivate Google Analytics

This stores an opt-out cookie on your device. If you delete your cookies, you will need to click on the link again.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke

VI. Newsletter

If you subscribe to our newsletter, you agree to receive it and to the procedures described below. We would like to provide you with some information about the content, rights of objection, registration, dispatch and evaluation procedures of our newsletter.

1. Content

With the consent of the recipients or a corresponding legal permission, we send newsletters, e-mails and other electronic notifications with advertising information as well as information about the services of the Kündig Group. These are hereinafter collectively referred to as “newsletters”. The contents of the newsletter are described in detail during registration.

2. Double opt-in and logging

Registration for our newsletter takes place in a so-called double opt-in procedure. After registering, you will be asked for confirmation by email. In order to be able to prove the registration process in accordance with the legal requirements, the registrations to the newsletter are thoroughly logged. The stored information includes data on login and confirmation times, as well as IP addresses. Changes to your data stored by the shipping service provider will also be logged. The double opt-in procedure is intended to prevent registrations with external e-mail addresses.

3. Credentials

Only one email address is required to subscribe to the newsletter.

4. Newsletter distribution

The newsletter is distributed and its success measured on the basis of the recipient’s consent in accordance with Art. 6 para. 1 lit. f GDPR. Article 6 para. 1 lit a, and Article 7 GDPR in conjunction with Section 7 para. 2 no. 3 UWG (Law against unfair competition) or on the basis of legal permission in accordance with § 7 para. 3 UWG.

5. Logging of the application procedure

The subscription procedure is recorded on the basis of our legitimate interests in accordance with Article 6 para. 1 lit. (f) GDPR. We are interested in using a user-friendly and secure newsletter system. This should serve our business interests as well as meet the expectations of the users and also enable us to prove consent.

6. Termination and revocation

The receipt of our newsletter can be cancelled at any time. At the end of each newsletter you will find a link to revoke your consent and cancel accordingly. In order to be able to prove a previously given consent, we store unsubscribed e-mail addresses for up to three years before they are deleted. If the former existence of consent is confirmed at the same time, an individual request for deletion is possible at any time. The storage and processing of the login data is limited to the purpose of a possible defence against claims.

7. Mailchimp

The newsletter is sent by means of the service provider “MailChimp”. It is a newsletter distribution platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). We use “MailChimp” on the basis of our legitimate interests in accordance with Article 6 para. 1 lit. f GDPR and a data processing agreement in accordance with Art. 28 para. 3 clause 1 GDPR. The privacy policy of “MailChimp” can be viewed here: https://mailchimp.com/legal/privacy/.

The shipping service provider can use the data of the recipients in pseudonymised form to optimise or improve its own services. The data cannot be assigned to any user and are used for the technical optimisation of dispatch and the presentation of newsletters or are used for statistical purposes. “MailChimp” will not pass on the recipient’s data to third parties. Furthermore, “MailChimp” does not use the data of the newsletter recipient to contact them.

8. Measuring success

As part of the newsletter retrieval, i.e. the opening of the newsletter by a recipient, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are collected. This is handled by a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server or the server of the shipping service provider when the newsletter is opened.

This information is used to improve the services based on technical data or the target groups and their reading behaviour based on their retrieval locations (which are localised with the help of the IP address) or the access times. The statistical surveys also include a determination of whether and when newsletters are opened and which links are clicked. This information can be assigned to the individual recipients for technical reasons. However, it does not correspond to our own endeavour, nor does it correspond to the endeavour of the shipping service provider to monitor individual users. The evaluations only serve to identify the reading habits of our users and to adapt our content to the interests of readers.

VII. Contact form and email contact

1. Description and scope of the data processing

There is a contact form on our website which can be used for electronic contact. If users accept this option, the data entered in the input screen will be transmitted to us and stored.

The data required for this are:

(1) Name

(2) Email address

(3) Message from the user

All other information can be entered voluntarily by the user.

The following data is also stored at the time the message is sent

(1) Date and time at the time of dispatch

Alternatively, contact is possible via the e-mail address provided. If you use this option, the personal data transmitted with the email will be stored.

Such data will not be disclosed to third parties in this context. This data will be used exclusively to respond to your enquiry.

2. Legal basis for the data processing

The legal basis for the processing of the data for processing the contact request is Art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. (f) GDPR. If you email us with the intention of entering into a contract, this creates an additional legal basis for its processing per Art. 6 Para. 1 lit. b GDPR.

3. Purpose of the data processing

The processing of personal data in the input screen is used by us only for processing the contact. If contact is made via email, this is also because of our required legitimate interest in processing the data.

The other personal data processed during the sending process is for preventing misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of Storage

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For the personal data from the contact form’s input mask and those sent by e-mail, this is the case when the conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

Personal data that was additionally collected during the sending procedure will be deleted at the latest after a period of seven days.

5. Right to Withdrawal and Deletion Option

The user has the option of revoking his or her consent to the processing of personal data at any time. If you contact us by email, you may object to the storage of your personal data at any time. If you exercise this right, it will not be possible to continue our conversation.

Send an email to info.ch (at)kuendig.com.

In such cases, all personal data that was stored when contact was made with us will be deleted.

VIII. Right of the data subject

Should your personal data be processed, you are a data subject within the meaning of the GDPR. As a consequence, you have the following rights vis-à-vis the data controller:

1. Right to information

You may request confirmation from the data controller as to whether we are processing or have processed personal data concerning you.

If such is indeed the case, you can request the following information from the responsible entity:

(1) the purposes for which the personal data is being processed;

(2) the categories of personal data being processed;

(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;

(4) how long the controller plans to store your personal data, or, if specific information in this respect is not possible, the controller’s criteria for determining the storage period;

(5) the existence of a right to correct or have your personal data deleted or to restrict its processing by the data controller or to object to such processing;

(6) the existence of the right to lodge a complaint with a supervisory authority;

(7) any available information on the origin of the data if the personal data has not been collected from the person concerned;

(8) the existence of automated decision-making, including profiling in accordance with Art. 22 para. (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to be informed as to whether your personal data will be transmitted to a third country or an international organisation. In this regard, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in relation to the transmission.

2. Right to rectification

You have a right to correct and/or add to the personal data held by the data controller if it is incorrect or incomplete. We are required to make the correction immediately.

3. Right to restrict processing

You may ask for the processing of your personal data to be restricted under the following conditions:

(1) if you contest the accuracy of your personal data, for as long as it takes the data controller to verify its accuracy;

(2) if the processing is unlawful and you refuse to have the data deleted and instead wish to restrict its use;

(3) the data controller no longer needs the personal data for its purposes, but you need it to be retained in order establish, exercise, or defend legal claims; or

(4) you have objected to processing in accordance with Art. 21 para. (1) GDPR and it is not yet clear whether the controller’s legitimate grounds outweigh your grounds.

If the processing of personal data concerning you has been restricted, then – apart from its storage – this data may only be processed with your consent or for the purposes of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person, or for reasons of an important public interest of the Union or a Member State.

If the limitation of the processing has been restricted for any of the grounds listed above, you will be notified by the data controller before the restriction has been lifted.

4. Right to erasure (right to be forgotten)

a) Obligation to erase

You have the right to demand that the data controller delete your personal data, and the data controller must do so without delay if any of the following reasons applies:

(1) Your personal data is no longer necessary for the purposes for which it was originally collected or otherwise processed;

(2) you revoke your consent upon which its processing was based in accordance with Article 6 para. (1) (a) or Art. 9 (2) (a) GDPR and there is no other legal basis for its continued processing.

(3) you object to its processing in accordance with Art. 21 para. (1) GDPR, and there are no overriding legitimate reasons for its continued processing, or you submit an objection to its processing in accordance with Art. 21 para. (2) GDPR and the objection to the processing.

(4) Your personal data has been processed unlawfully;

(5) The deletion of personal data relating to you is required in order to comply with legal obligations according to EU law or national law of the Member States to which we are subject;

(6) the personal data concerning you was provided in relation to information society services offered under Article 8 Para. (1) of the GDPR.

b) Transfer of personal data to third parties

If the data controller has made your personal data public and is required to delete it in accordance with Art. 17 1 GDPR, the data controller will take appropriate measures, including those of a technical nature, while taking into account available technology and implementation costs, to inform the data controllers who are processing the personal data that you as the data subject have requested that they delete all links to this personal data, or copies or replications of this personal data.

c) Exceptions

The right to deletion does not exist if processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) to fulfill a legal obligation that requires processing under the law of the Union or of the Member States to which we are subject or for the performance of a task in the public interest or in the exercise of official authority conferred to us;

(3) for reasons of public interest with regard to public health in accordance with Art. 9 para. (2) (h) and (i), as well as Art. 9 (3) GDPR;

(4) for archiving, scientific, or historical research purposes in the public interest or for statistical purposes in accordance with Art. 89 para. (1) GDPR, to the extent that the right referred to in Section a) is likely to render impossible or seriously inhibit the achievement of the purposes of such processing; or

(5) to assert, exercise, or defend legal claims.

5. Right to be informed

If you have asserted the right to rectification, erasure or restriction of processing against the data controller, they are obliged to inform all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed as to these recipients by the data controller.

6. Right to data portability

You have the right to obtain a copy of the personal data you have supplied to the data controller concerning you in a structured, commonly used, machine-readable format. Moreover, you have the right to transmit this data to another data controller without any obstruction from the data controller to whom the personal data has been given, if

(1) the processing is based on consent given in accordance with Article 6 para. (1) (a) GDPR or Art. 9 (2) (a) GDPR or on the basis of a contract in accordance with Article 6 para. 1 (b) GDPR and

(2) such processing is carried out using automated methods.

In exercising this right, you also have the right to have the data controller transfer your personal data directly to another data controller if this is technically feasible. This action must not affect the freedoms and rights of other persons.

The right to data portability does not apply to personal data processing that is required for the performance of a task that falls within the public interest or that occurs in the exercise of public authority that has been transferred to the data controller.

7. Right to object

You have the right, for reasons arising from your specific situation, to object to the processing of personal data concerning you at any time and which is carried out in accordance with Art. 6 Para. 1 lit. e or f GDPR, including profiling based on those provisions.

The data controller will no longer process the personal data relating to you unless they can prove a compelling, legitimate reason for this which outweighs your interests, rights, and freedoms or the processing serves to assert, exercise, or defend legal claims.

If the personal data relating to you is processed for direct marketing purposes, you have the right to object at any time to such processing; this also applies to profiling insofar as it is associated with such direct marketing.

If you object to your data being processed for direct marketing purposes, your personal data will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object using an automated process involving the use of technical specifications.

8. Right to withdraw the declaration of consent under data protection law

You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated decisions in individual cases, including profiling

You have the right to not be subjected to a decision based solely on automated processing – including profiling – which has legal bearing on you or that significantly affects you in a similar manner. This shall not apply if the decision

(1) is necessary for us to establish or fulfill a contract with you;

(2) is authorized by EU or national law to which we are subject provided said law also sets forth suitable measures for safeguarding your rights, and freedoms, and legitimate interests; or

(3) is based on your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9 (1) of the GDPR, unless Article 9 (2) (a) or (g) GDPR apply and appropriate measures have been taken to protect your rights and freedom as well as your legitimate interests.

In the cases referred to in (1) and (3), the responsible party shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person on the part of the responsible party, to state his or her own position and to challenge the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state where you reside, work or where the infringement is suspected, if you believe that the processing of personal data that concerns you is in contravention of the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.

IX. Status and update of this data protection declaration

This privacy policy is valid as of May 25, 2018. We reserve the right to update the data protection declaration in due course to improve data protection and/or to adapt it to changes in official practice or jurisdiction.