Privacy Policy
Version from January 01, 2024
In this privacy policy, we, Energotech AG (hereinafter referred to as “we” or “us”), explain how we collect and otherwise process personal data.
Personal data means any information relating to an identified or identifiable person.
If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this Privacy Policy and only provide us with their personal data if you are permitted to do so and if this personal data is correct.
This is not an exhaustive description; other data protection statements or general terms and conditions, conditions of participation and similar documents may govern specific matters.
This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation (“GDPR”) and the Swiss Data Protection Act (“DPA”). However, whether and to what extent these laws are applicable depends on the individual case.
The terms used are not gender-specific.
1 Responsible representative
Energotech AG, Letzi 9, 6300 Zug, is responsible for the data processing described here, unless otherwise stated in individual cases. If you have any data protection concerns, you can send them to the following contact address:
Postal address: Letzi 9, 6300 Zug
Email: info@energotech.ch
2 Collection and processing of personal data
We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our websites, apps and other applications. Where permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet), from authorities and other third parties (e.g. credit agencies, address dealers).
In addition to the data you provide directly to us, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information we obtain in connection with official and judicial proceedings, information related to your professional roles and activities (so that we can, for example, conduct and process business with your employer with your assistance), information about you in correspondence and meetings with third parties, credit information (insofar as we conduct business with you personally), information about you provided to us by individuals from your environment (family, advisors, legal representatives, etc.) so that we can conclude or process contracts with you or involving you (for example, references), your address for deliveries, powers of attorney, information to comply with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, distribution partners, and other contractual partners of ours regarding the use or provision of services by you (such as payments made, purchases made), information from media and the internet about you (insofar as this is relevant in the specific case, for example, as part of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other sociodemographic data (for marketing), data in connection with the use of the website (such as IP address, MAC address of your smartphone or computer, information about your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location information).
3 Purposes of data processing and legal bases
We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of the following activities:
Trade in technical products
As part of this activity, we collect personal data for transactions with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations in Switzerland and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this function.
In addition, we also process personal data of you and other persons for the following purposes, to the extent permitted and deemed appropriate by us, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:
- Offering and further developing our offers, services and websites, apps and other platforms on which we are present;
- Communication with third parties and processing their inquiries (e.g. applications, media inquiries)
- Examination and optimization of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition;- Advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will put you on a blacklist against further advertising mailings);
- Assertion of legal claims and defense in connection with legal disputes and official proceedings;
- Prevention and investigation of criminal offenses and other misconduct (for example, conducting internal investigations, data analysis to combat fraud);
- Ensuring our operations, in particular IT, our websites, apps and other platforms;
- Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations of Energotech AG.
If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or carry out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been given can be withdrawn at any time, but this has no effect on data processing that has already taken place.
4 Cookies/Tracking and Other Technologies Related to the Use of Our Website
We typically use "cookies" and similar technologies on our websites and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website or install our apps. When you revisit this website or use our app, we can recognize you even if we don’t know who you are. In addition to cookies that are used only during a session and deleted after your website visit ("session cookies"), cookies can also be used to save user settings and other information over a certain period (for example, two years) ("permanent cookies"). However, you can set your browser to reject cookies, save them only for a session, or delete them early. Most browsers are pre-configured to accept cookies. We use permanent cookies to save user settings (e.g., language, auto-login), to better understand how you use our offers and content, and to display personalized offers and advertisements for you (which can also occur on websites of other companies; however, they do not know who you are, as they only see that the same user visited a particular page on our site). Some cookies are set by us, and some by partners with whom we collaborate.
If you block cookies, certain functionalities (such as language selection, shopping cart, order processes) may no longer work.
We may also include visible and invisible image elements in our newsletters and other marketing emails, as permitted, to determine whether and when you opened the email by retrieving them from our servers. This allows us to measure and better understand how you use our offers and to tailor them to you. You can block this in your email program, and most programs are set to do this by default.
By using our websites, apps, and consenting to receive newsletters and other marketing emails, you agree to the use of these techniques. If you do not agree, you must configure your browser or email program accordingly or uninstall the app if it cannot be adjusted through the settings.
We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties who may be located in any country worldwide (in the case of Google Analytics, it’s Google Ireland, based in Ireland, relying on Google LLC, based in the USA, as a processor, both referred to as "Google", www.google.com), which allows us to measure and evaluate the use of the website (in a non-personalized way). Permanent cookies set by the service provider are also used for this purpose. We have configured the service so that the IP addresses of visitors are truncated by Google in Europe before being forwarded to the USA, so they cannot be traced. We have disabled the "Data Sharing" and "Signals" settings. Although we assume that the information we share with Google is not personal data for Google, it is possible that Google could use this data to draw conclusions about the identity of visitors, create personal profiles, and link this data with the Google accounts of these individuals. If you are registered with the service provider yourself, the service provider will also know you. The processing of your personal data by the service provider is the responsibility of the service provider according to its data protection provisions. The service provider only informs us about how our respective website is used (no personal data about you).
We also use so-called plug-ins from social networks like Facebook, Twitter, YouTube, Pinterest, Xing, LinkedIn, or Instagram on our websites. This is usually recognizable by corresponding symbols. We have configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and may use this information for their purposes. The processing of your personal data is then the responsibility of the operator according to their data protection provisions. We do not receive any information about you from them.
5 Disclosure of Data to Third Parties
In the course of our business activities and for the purposes outlined in section 3, we disclose information to third parties, as permitted and deemed appropriate. This may occur either because they process the data on our behalf or because they intend to use it for their own purposes. The recipients may include, in particular, the following:
- Our service providers (such as banks, insurance companies), including data processors (such as IT providers);
- Dealers, suppliers, subcontractors, and other business partners;
- Customers;
- Domestic and foreign authorities, government offices, or courts;
- Media;
- The public, including website and social media visitors;
- Competitors, industry organizations, associations, and other bodies;
- Acquirers or prospective acquirers of business segments;
- Other parties in potential or actual legal proceedings;
all collectively referred to as recipients.
When we disclose data to third parties, we adhere to legal requirements and enter into data processing agreements or similar agreements with the respective recipients to protect your personal data.
6 Data transfer abroad
We may disclose data to persons, authorities, organizations, companies or other bodies abroad. In particular, we may transfer personal data to all countries in which our processors process personal data.
If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection regulations (we use the revised standard contractual clauses of the European Commission, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption clause. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.
7 Duration of storage of personal data
We process and store your personal data for as long as is necessary for the fulfillment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, execution to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as far as possible. Shorter retention periods of twelve months or less generally apply to operational data (e.g. system protocols, logs).
8 Data security
We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse.
These include the following measures: Instructions, training, IT and network security solutions
We take the protection of personal data into account as early as the development or selection of hardware, software or processes through appropriate technical and organizational measures. We also ensure data protection-friendly default settings.
9 Obligation to provide personal data
As part of our business relationship, you must provide the personal data that is necessary for the establishment and execution of a business relationship and the fulfillment of the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to conclude or execute a contract with you (or the entity or person you represent). The website can also not be used if certain information to secure data traffic (such as IP address) is not disclosed.
10 Rights of the Data Subject
Within the framework of the applicable data protection law and to the extent provided therein (such as in the case of the GDPR), you have the following rights:
- The right to request information from us about whether and which data we process about you;
- The right to have data corrected if it is inaccurate;
- The right to request the deletion of data;
- The right to request the release of certain personal data in a commonly used electronic format or its transfer to another controller;
- The right to withdraw consent if our processing is based on your consent;
- The right to request further information necessary to exercise these rights.
Please note, however, that we reserve the right to enforce legally stipulated restrictions, for example, if we are required to retain or process certain data, have a predominant interest in doing so (insofar as we may rely on it), or need it to assert claims. If there are costs associated with this, we will inform you in advance. We have already informed you of the possibility of withdrawing your consent in Section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences, such as early termination of the contract or costs. We will inform you of this in advance if it is not already contractually regulated.
The exercise of such rights generally requires that you clearly prove your identity (e.g., by providing a copy of an ID if your identity is not otherwise clear or verifiable). To exercise your rights, you may contact us at the address provided in Section 1.
In addition, every data subject has the right to assert their claims in court or to file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
11 Changes
We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. If the privacy policy is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.