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Data protection

With this Privacy Policy, we inform about the processing of personal data in connection with our activities and operations, including our website under the domain name www.lumega.ch. In particular, we inform for what purpose, how, and where we process which personal data. We also inform about the rights of individuals whose data we process.

For individual or additional activities and operations, we may publish further privacy policies or other information on data protection.

We are subject to Swiss law as well as, where applicable, foreign law such as in particular that of the European Union (EU) with the European General Data Protection Regulation (GDPR).

By decision of 26 July 2000, the European Commission recognized that Swiss data protection law ensures an adequate level of data protection. With its report of 15 January 2024, the European Commission confirmed this adequacy decision.

1. Contact addresses

The controller in the sense of data protection law is:

LUMEGA AG
Kirchweg 13
5415 Nussbaumen/Baden
info@lumega.ch

In individual cases, third parties may be responsible for the processing of personal data, or there may be joint responsibility with third parties. We will be happy to provide data subjects with information on the respective responsibility upon request.

Data Protection Officer or Data Protection Advisor

We have the following Data Protection Officer or Data Protection Advisor as a point of contact for data subjects and authorities for inquiries related to data protection:

Andreas Lustenberger
Kirchweg 13
5415 Nussbaumen/Baden
info@lumega.ch

2. Terms and legal bases

2.1 Terms

Data subject: Natural person about whom we process personal data.

Personal data: All information relating to an identified or identifiable natural person.

Particularly sensitive personal data: Data concerning trade union, political, religious or ideological views and activities, data concerning health, privacy or affiliation to an ethnic group or race, genetic data, biometric data that uniquely identify a natural person, data concerning criminal and administrative sanctions or prosecutions, and data concerning measures of social assistance.

Processing: Any handling of personal data, regardless of the means and procedures used, for example querying, matching, adapting, archiving, retaining, reading, disclosing, procuring, recording, collecting, deleting, revealing, arranging, organizing, storing, altering, distributing, linking, destroying, and using personal data.

European Economic Area (EEA): Member States of the European Union (EU) as well as the Principality of Liechtenstein, Iceland, and Norway.

2.2 Legal bases

We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (Data Protection Act, FADP) and the Ordinance on Data Protection (Data Protection Ordinance, DPO).

We process – insofar as and to the extent that the European General Data Protection Regulation (GDPR) is applicable – personal data in accordance with at least one of the following legal bases:

  • Art. 6(1)(b) GDPR for the processing of personal data necessary for the performance of a contract with the data subject and for carrying out pre-contractual measures.
  • Art. 6(1)(f) GDPR for the processing of personal data necessary to protect legitimate interests – including the legitimate interests of third parties – provided that the fundamental freedoms and rights and interests of the data subject do not override such interests. Such interests include, in particular, the permanent, user-friendly, secure, and reliable performance of our activities and operations, the assurance of information security, protection against misuse, the enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6(1)(c) GDPR for the processing of personal data necessary to comply with a legal obligation to which we are subject under applicable law of Member States in the European Economic Area (EEA).
  • Art. 6(1)(e) GDPR for the processing of personal data necessary for the performance of a task carried out in the public interest.
  • Art. 6(1)(a) GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6(1)(d) GDPR for the processing of personal data necessary to protect the vital interests of the data subject or of another natural person.
  • Art. 9(2) et seq. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

The European General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data and to the processing of particularly sensitive personal data as the processing of special categories of personal data (Art. 9 GDPR).

3. Type, scope, and purpose of the processing of personal data

We process those personal data that are necessary to be able to carry out our activities and operations on a permanent, user-friendly, secure, and reliable basis. The personal data processed may fall in particular into the categories of browser and device data, content data, communication data, metadata, usage data, master data including inventory and contact data, location data, transaction data, contract data, and payment data. The personal data may also constitute particularly sensitive personal data.

We also process personal data that we receive from third parties, obtain from publicly accessible sources, or collect in the course of performing our activities and operations, insofar as such processing is permissible.

We process personal data, insofar as necessary, with the consent of the data subjects. In many cases, we may process personal data without consent, for example to comply with legal obligations or to safeguard overriding interests. We may also seek the consent of data subjects even when their consent is not required.

We process personal data for the period necessary for the respective purpose. We anonymize or delete personal data in particular depending on statutory retention and limitation periods.

4. Disclosure of personal data

We may disclose personal data to third parties, have it processed by third parties, or process it jointly with third parties. Such third parties may be, for example, specialized providers whose services we use.

In the context of our activities and operations, we may disclose personal data in particular to banks and other financial service providers, authorities, educational and research institutions, consultants and lawyers, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent, sister, and subsidiary companies, organizations and associations, social institutions, telecommunications companies, insurers, and payment service providers.

5. Communication

We process personal data in order to communicate with individuals as well as with authorities, organizations, and companies. In doing so, we process in particular data that a data subject transmits to us when contacting us, for example by traditional mail or email. We may store such data in an address book or using comparable aids.

Third parties who transmit data about other persons to us are obliged to independently ensure the data protection of these data subjects. In particular, they must ensure that such data are accurate and may be transmitted.

We use selected services from suitable providers to enable and improve communication with individuals and other communication partners. With such services, we may also manage and otherwise process the data of data subjects beyond direct communication.

6. Applications

We process personal data about applicants insofar as they are necessary to assess suitability for an employment relationship or for the subsequent performance of an employment contract. The necessary personal data result in particular from the information requested, for example in the context of a job advertisement. We may publish job advertisements with the help of suitable third parties, for example in electronic and printed media or on job portals and job platforms.

We also process those personal data that applicants voluntarily provide or publish, in particular as part of cover letters, CVs and other application documents, as well as online profiles.

We process – insofar as and to the extent that the General Data Protection Regulation (GDPR) is applicable – personal data about applicants in particular in accordance with Art. 9(2)(b) GDPR.

We use selected services from suitable third parties to advertise positions by means of e-recruitment and to enable and manage applications.

7. Data security

We take appropriate technical and organizational measures to ensure a level of data security appropriate to the respective risk. With our measures, we ensure in particular the confidentiality, availability, traceability, and integrity of the processed personal data, without being able to guarantee absolute data security.

Access to our website and our other digital presence is via transport encryption (SSL / TLS, in particular with Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn before visiting a website without transport encryption.

Our digital communication is subject – as is basically any digital communication – to mass surveillance without cause or suspicion by security authorities in Switzerland, elsewhere in Europe, the United States of America (USA), and other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police departments, and other security authorities. Nor can we rule out that a data subject is specifically monitored.

8. Personal data abroad

As a rule, we process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular to process it there or have it processed there.

We may export personal data to all countries on Earth and elsewhere in the universe, provided that the law in question ensures an adequate level of data protection in accordance with the decision of the Swiss Federal Council and – insofar as and to the extent that the General Data Protection Regulation (GDPR) is applicable – also in accordance with the decision of the European Commission.

We may transfer personal data to countries whose law does not ensure an adequate level of data protection if data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or execution of a contract. Upon request, we will be happy to provide data subjects with information about any safeguards or provide a copy of any safeguards.

9. Rights of data subjects

9.1 Data protection claims

We grant data subjects all claims in accordance with the applicable law. Data subjects have in particular the following rights:

  • Access: Data subjects may request information as to whether we process personal data about them and, if so, which personal data are involved. Data subjects also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the personal data processed as such but also, among other things, details of the purpose of processing, the duration of retention, any disclosure or export of data to other countries, and the origin of the personal data.
  • Rectification and restriction: Data subjects may have inaccurate personal data corrected, incomplete data completed, and the processing of their data restricted.
  • Possibility to state one’s own position and human review: In the case of decisions based exclusively on automated processing of personal data that have legal effects on them or significantly affect them (automated individual decisions), data subjects may present their own position and request a review by a human.
  • Erasure and objection: Data subjects may have personal data erased (“right to be forgotten”) and object to the processing of their data with effect for the future.
  • Data provision and data portability: Data subjects may request the provision of personal data or the transfer of their data to another controller.

We may postpone, restrict, or refuse the exercise of the rights of data subjects within the legally permissible framework. We may inform data subjects of any conditions that must be fulfilled for the exercise of their data protection claims. For example, we may wholly or partially refuse access with reference to confidentiality obligations, overriding interests, or the protection of other persons. For example, we may also wholly or partially refuse the erasure of personal data, in particular with reference to statutory retention obligations.

We may exceptionally provide for costs for the exercise of rights. We inform data subjects in advance about any costs.

We are obliged to identify data subjects who request access or assert other rights using appropriate measures. Data subjects are obliged to cooperate.

9.2 Legal protection

Data subjects have the right to enforce their data protection claims through legal proceedings or to file a report or complaint with a data protection supervisory authority.

The data protection supervisory authority for private controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

European data protection supervisory authorities are organized as members of the European Data Protection Board (EDPB). In some Member States in the European Economic Area (EEA), data protection supervisory authorities have a federal structure, particularly in Germany.

10. Use of the website

10.1 Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) – are data stored in the browser. Such stored data do not have to be limited to traditional text-based cookies.

Cookies can be stored in the browser temporarily as “session cookies” or for a certain period as so-called persistent cookies. “Session cookies” are deleted automatically when the browser is closed. Persistent cookies have a specific storage duration. Cookies make it possible, in particular, to recognize a browser upon the next visit to our website and thereby to measure, for example, the reach of our website. Persistent cookies can also be used, for example, for online marketing.

Cookies can be deactivated, restricted, or deleted at any time in the browser settings. The browser settings often also allow automated deletion and other management of cookies. Without cookies, our website may no longer be available in full. We request – at least insofar as and to the extent required by applicable law – the express consent to the use of cookies.

For cookies used for success and reach measurement or for advertising, a general objection (“opt-out”) is possible for numerous services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance), or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

10.2 Logging

For every access to our website and our other digital presence, we may log at least the following information, provided that it is transmitted to our digital infrastructure during such access: date and time including time zone, IP address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual subpage of our website accessed including data volume transferred, web page last accessed in the same browser window (referrer).

We log such information, which may also constitute personal data, in log files. The information is necessary to be able to provide our digital presence on a permanent, user-friendly, and reliable basis. The information is also necessary to ensure data security – including by third parties or with the help of third parties.

10.3 Web beacons

We may integrate web beacons into our digital presence. Web beacons are also referred to as tracking pixels. Web beacons – including those from third parties whose services we use – are usually small, invisible images or scripts written in JavaScript, which are automatically retrieved when accessing our digital presence. With web beacons, at least the same information as when logging in log files can be captured.

11. Notifications and communications

11.1 Success and reach measurement

Notifications and communications may contain web links or web beacons that record whether an individual message has been opened and which web links were clicked. Such web links and web beacons may also record the use of notifications and communications on a personal basis. We require this statistical recording of usage for success and reach measurement in order to send notifications and communications effectively and user-friendly on a permanent, secure, and reliable basis according to the needs and reading habits of the recipients.

11.2 Consent and objection

You must generally consent to the use of your email address and your other contact addresses unless the use is permissible for other legal reasons. To obtain any doubly confirmed consent, we may use the “double opt-in” procedure. In this case, you will receive a message with instructions for double confirmation. We may log the consents obtained, including IP address and timestamp, for evidentiary and security purposes.

You may generally object at any time to receiving notifications and communications such as newsletters. With such an objection, you may simultaneously object to the statistical recording of usage for success and reach measurement. Required notifications and communications in connection with our activities and operations remain reserved.

11.3 Service providers for notifications and communications

We send notifications and communications with the help of specialized service providers.

In particular, we use:

12. Social media

We are present on social media platforms and other online platforms to communicate with interested persons and to inform about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and terms of use as well as privacy policies and other provisions of the individual operators of such platforms also apply. These provisions inform in particular about the rights of data subjects directly against the respective platform, which include, for example, the right of access.

For our social media presence on Facebook, including the so-called Page Insights, we are – insofar as and to the extent that the General Data Protection Regulation (GDPR) is applicable – jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (among others in the USA). Page Insights provide information on how visitors interact with our Facebook presence. We use Page Insights to be able to provide our social media presence on Facebook effectively and in a user-friendly manner.

Further information on the type, scope, and purpose of data processing, information on the rights of data subjects, as well as the contact details of Facebook and Facebook’s Data Protection Officer can be found in the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook and have thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. The corresponding information for the so-called Page Insights can be found on the page “Page Insights Controller Addendum”, including “Information about Page Insights Data”.

13. Services from third parties

We use services from specialized third parties to be able to carry out our activities and operations on a permanent, user-friendly, secure, and reliable basis. With such services, we can, among other things, embed functions and content into our website. For such embedding, the services used collect at least temporarily, for technical reasons, the IP addresses of users.

For necessary security-related, statistical, and technical purposes, third parties whose services we use may process data in connection with our activities and operations in an aggregated, anonymized, or pseudonymized manner. These include, for example, performance or usage data to be able to offer the respective service.

In particular, we use:

13.1 Digital infrastructure

We use services from specialized third parties to obtain the digital infrastructure required in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

In particular, we use:

13.2 Scheduling

We use services from specialized third parties to arrange appointments online, for example for meetings. In addition to this Privacy Policy, any directly visible terms of the services used, such as terms of use or privacy policies, apply.

13.3 Audio and video conferences

We use specialized services for audio and video conferences to communicate online. This allows us, for example, to hold virtual meetings or to conduct online classes and webinars. For participation in audio and video conferences, the legal texts of the individual services such as privacy policies and terms of use apply additionally.

Depending on your living situation, we recommend muting your microphone by default when participating in audio or video conferences and blurring your background or displaying a virtual background.

13.4 Maps

We use services from third parties to be able to embed maps into our website.

In particular, we use:

13.5 Digital content

We use services from specialized third parties to embed digital content into our website. Digital content includes, in particular, image and video material, music, and podcasts.

In particular, we use:

13.6 Advertising

We use the option of displaying targeted advertising with third parties such as social media platforms and search engines for our activities and operations.

With such advertising, we especially want to reach people who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit corresponding – possibly also personal – information to third parties who enable such advertising. We may also determine whether our advertising is successful, that is, in particular, whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and with whom you are registered as a user may be able to assign the use of our website to your profile there.

In particular, we use:

14. Website extensions

We use extensions for our website in order to use additional functions. We may use selected services from suitable providers or use such extensions on our own digital infrastructure.

In particular, we use:

  • Google reCAPTCHA: Spam protection (distinguishing between desired content from humans and unwanted content from bots and spam); provider: Google; Google reCAPTCHA-specific information: “What is reCAPTCHA?”.

15. Success and reach measurement

We try to measure the success and reach of our activities and operations. In this context, we may also measure the effect of third-party references or examine how different parts or versions of our digital presence are used (“A/B testing” method). Based on the results of success and reach measurement, we can, in particular, correct errors, strengthen popular content, or make improvements.

For success and reach measurement, the IP addresses of individual users are recorded in most cases. In this case, IP addresses are generally shortened (“IP masking”) in order to follow the principle of data minimization through corresponding pseudonymization.

Cookies may be used for success and reach measurement and user profiles may be created. Any user profiles created comprise, for example, the individual pages visited or content viewed on our digital presence, information on the size of the screen or browser window, and the – at least approximate – location. As a rule, any user profiles are created exclusively in a pseudonymized manner and are not used to identify individual users. Individual third-party services with which users are registered may assign the use of our online offering to the user account or user profile with the respective service.

In particular, we use:

16. Video surveillance

We use video surveillance to prevent criminal offenses, to secure evidence in the case of criminal offenses, to exercise and assert our own legal claims, to defend against third-party legal claims, and to enforce our house rules. In doing so – insofar as and to the extent that the General Data Protection Regulation (GDPR) is applicable – we rely on overriding legitimate interests pursuant to Art. 6(1)(f) GDPR, and for particularly sensitive personal data with reference to Art. 9(2)(f) GDPR.

We store recordings from our video surveillance for as long as they are required for securing evidence or another stated purpose.

We may secure recordings from our video surveillance and transmit them to competent bodies such as, in particular, judicial or law enforcement authorities, insofar as the transmission is necessary for a stated purpose, in our other overriding legitimate interest, or due to legal obligations.

17. Final notes on the Privacy Policy

We created this Privacy Policy with the privacy generator from Datenschutzpartner.

We may update this Privacy Policy at any time. We inform about updates in an appropriate form, in particular by publishing the respective current Privacy Policy on our website.

LUMEGA Family