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PONDis AG: Legal information

Operator and responsible
PONDis AG
Pestalozzistrasse 11
CH-9400 Rorschach
Tel +41 (0) 71 841 41 78
Fax +41 (0) 71 841 41 24
info(ät)pondis.ch
Andreas Morf (Managing Director)

Liability notice
Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

Online dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Photography
Michael Rast
michaelrast.com

The production of the lead images was done with kind permission using products of Schleich GmbH and J. Weck GmbH u. Co. KG.

Webdesign
Bernolf Reis
b.reis(ät)ohneworte.com

PONDis AG: Privacy policy

We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of the PONDis AG. The use of the PONDis AG Internet pages is possible without any indication of personal data. However, if a data subject wishes to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the PONDis AG. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed by means of this data protection declaration about the rights to which they are entitled.

As the controller, the PONDis AG has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, for example by telephone.

1. Definitions
The data protection declaration of the PONDis AG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. In order to ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use the following terms, among others:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for his nomination may be provided for by Union or Member State law.

h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation according to Union law or the law of the member states are not considered recipients.

j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent
Consent is any voluntarily given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union and other provisions related to data protection is:

PONDis AG
Pestalozzistrasse 11
CH-9400 Rorschach
Tel +41 (0) 71 841 41 78
Fax +41 (0) 71 841 41 24
info(ät)pondis.ch
Andreas Morf (Managing Director)

3. Name and address of the Data Protection Officer
The data protection officer of the controller is:

Andreas Morf (contact see above)

Any data subject can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.

4. Cookies
The website of PONDis AG uses cookies in order to be able to optimally design our websites. Cookies are small text files that are stored on your computer when you visit our website. If you wish, you can delete the cookies at any time. However, this can lead to individual functions no longer being available to you. To delete cookies, please refer to the help function of your browser.

5. Collection of general data and information
The website of the PONDis AG collects a series of general data and information when a data subject or automated system calls up a website. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information, which serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, the PONDis AG does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) ensure the long-term viability of our information technology systems and website technology, and (3) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the PONDis AG analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

6. Contact options via the website
The website of the PONDis AG contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.

7. Routine erasure and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

8. Rights of the data subject

a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact any employee of the controller.

b) Right to information
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator of directives and regulations has granted the data subject access to the following information:
◦ the purposes of the processing
◦ the categories of personal data being processed
◦ the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
◦ if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
◦ the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing
◦ the existence of a right of appeal to a supervisory authority
◦ if the personal data are not collected from the data subject: All available information on the origin of the data
◦ the existence of automated decision-making, including profiling, in accordance with Article 22 para.1 and 4 GDPR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject shall have a right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transfer. If a data subject wishes to exercise this right to information, he or she may, at any time, contact any employee of the controller.

c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
◦ The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
◦ The data subject withdraws consent to which the processing is based according to point (a) of Article 6 (1) of the GDPR, and where there is no other legal ground for the processing. 1 Letter a GDPR or Art. 9 para. 2 Letter a GDPR, and there is no other legal basis for the processing.
◦ In accordance with Art. 21 para. 1 GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
◦ The personal data have been unlawfully processed.
◦ The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
◦ The personal data have been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the PONDis AG, he or she may, at any time, contact any employee of the controller. An employee of PONDis AG shall promptly ensure that the erasure request is complied with immediately. If the personal data of PONDis AG has been made public and our company is the controller in accordance with Art. 17 para. where the controller has made personal data public and is obliged pursuant to Article 17 (1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, insofar as processing is not required. An employee of the PONDis AG will arrange the necessary measures in individual cases.

e) Right to restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
◦ The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
◦ The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
◦ The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
◦ The data subject has objected to processing pursuant to Art. Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the PONDis AG, he or she may at any time contact any employee of the controller. The employee of the PONDis AG will arrange the restriction of the processing.

f) Right to data portability
Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine - readable format. It also has the right to transfer this data to another controller without hindrance from the controller to which the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 Letter a GDPR or Art. 9 para. 2 Letter a GDPR or on a contract pursuant to Art. 6 para. 6 (1) (b) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority assigned to the controller. Furthermore, in exercising his or her right to data portability pursuant to Art. 20 para. 1 GDPR, there is the right to have the personal data transmitted directly from one controller to another, insofar as this is technically feasible and insofar as this does not affect the rights and freedoms of other persons. In order to assert the right to data portability, the data subject may at any time contact any employee of the PONDis AG.

g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6 (1) of the GDPR. 1 Letter e or f GDPR. This also applies to profiling based on these provisions. The PONDis AG shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If the PONDis AG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the PONDis AG to the processing for direct marketing purposes, the PONDis AG will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the PONDis AG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. 1 GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the PONDis AG. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated decisions in individual cases, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, unless the decision (1) is for the conclusion or performance of a contract between the data subject and the person responsible is required, or (2) is permitted by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the PONDis AG shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller.

i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.

9. Data protection for applications and the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application process. The processing can also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the controller. Other legitimate interest in this sense is, for example, a burden of proof in a procedure under the General Equal Treatment Act (AGG).

10. Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which processing of personal data is necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).

11. The legitimate interests pursued by the controller or by a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of all our employees and our shareholders.

12. Period for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfillment or initiation of the contract.

13. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information about the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee clarifies to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the non-provision of the personal data would have.

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

15. Google Maps
The website of PONDis AG uses the map service Google Maps via an API. To use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google server in the USA and stored there. We have no influence on this data transfer. The use of Google Maps is in the interest of an appealing presentation of our website and an easy findability of the places specified by us on this website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 f) GDPR. More information on the handling of user data can be found in Google's privacy policy: https://www.google.de/intl/de/policies/privacy/.

This data protection declaration has (a. o.) been created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which works as the external data protection officer in Dresden, in cooperation with the lawyer for data protection law Christian Solmecke.  

© 2021 PONDis AG
Pestalozzistrasse 11 ▪ CH-9400 Rorschach ▪ Tel +41 (0) 71 841 41 78 ▪ Fax +41 (0) 71 841 41 24 ▪ info(ät)pondis.ch
Privacy policy