English

Data Protection Policy

1. About us

We, HOERBIGER Holding AG are responsible for the collection, processing and storage of your data. You can find details about us in our imprint (impressum) at any time.

The careful handling of your personal data has the highest priority for us. In processing, we comply with the statutory provisions, as well as the General Data Protection Regulation (GDPR) and the respective national provisions.

This data protection declaration applies to all websites of our company that can be accessed under our domain www.hoerbiger.com. If you switch to websites of other operators within the scope of our offer, their own data protection regulations apply, for the content of which the respective operators of these websites are responsible.

Since we would like to give you a comprehensive overview of the processing of personal data in our group of companies, you will find below an overview of all our services in the context of which we collect and process personal data.

If separate or additional conditions apply to individual services or we ask you for your consent, we will point this out to you separately before using the respective service (e.g. for newsletter subscription).

We also take various security measures to protect your personal data. For example, transmission between your web browser and our servers is always transport encrypted; in addition, we maintain a variety of technical and organizational measures to always protect your data.

2. Why we process your data

You can use our websites without disclosing your identity. If you wish to contact us, we will ask you for your name and other personal information. It is your free decision whether you enter this (extended) data. Data that we absolutely need from you to provide our services are marked as such.

Your personal data is collected and processed for the following purposes on the basis of the following legal bases or the corresponding provisions of Swiss data protection law:

  • Supplier management in accordance with Art. 6 (1) 1 lit. b) and c), f) GDPR
  • communication and data exchange pursuant to Art. 6 (1) lit. a), b), c), f) GDPR
  • external presentation and advertising pursuant to Art. 6 (1) lit. a), f) GDPR
  • Implementation of declarations of consent pursuant to Art. 6 (1). 1 lit. a) GDPR
  • Ensuring the proper operation of a data processing system in accordance with Art. (1) lit. c) and f) GDPR
  • Applicant selection procedures within the framework of personnel and resource management on the basis of Art. 6 (1) lit. a), b) GDPR if need be in conjunction with 26 BDSG-Neu (Germany) or other applicable national regulations

3. Which data we collect and process from you

We collect different categories of personal data from you. Personal data is all information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified directly or indirectly, in particular by assignment to an identifier such as a name. Personal data includes, for example, information such as your name, your address, your telephone number and your date of birth (if stated). Statistical information that cannot be directly or indirectly associated with you - such as the popularity of individual websites of our offer or the number of users of a page – does not qualify as personal data. Data is collected directly and indirectly. In both cases, data will only be collected to the extent necessary; the data will only be processed for the purposes stated under point 2. It is your decision whether you want to transmit data to us that optimizes the use of our services for you, yet is not necessary. Corresponding data fields are marked as 'voluntary'.

The data collected immediately include:

  • Candidate data, for the execution of our online application procedure
  • Data that you actively and consciously transmit to us when using our services, e.g. by the use of our contact form,
  • Data that you actively and deliberately transmit to us as part of the use of our services, further data that you voluntarily transmit to us, e.g. data fields that you have filled in and marked as 'voluntary’

In addition, data about you is collected indirectly when using our services:

  • Technical connection data, e.g. the page called up on our website, your IP address, shortened by the last three digits, date and time of the call, terminal device used, browser configuration data.
  • Data collected in the context of website tracking.

Minors: Our website is not directed at minors and we do not knowingly collect personal data from minors.

If persons under the age of 16 transmit personal data to us, this is only permitted if the parent/guardian has consented or has consented to the consent of the minor. For this purpose, the contact data of the legal guardian must be communicated to us in accordance with Art. 8 (2) GDPR in order to convince us of the consent or the consent of the legal guardian. These data as well as the data of the minor will then be processed in accordance with this data protection declaration.

If we determine that a minor under the age of 16 has sent us personal data without the parental consent or consent of the minor, we will delete the data immediately.

4. Who has access to your data and to whom we transmit your data

a) Access

Access to your personal data stored by us is limited to our employees and the service providers commissioned by us, who have to deal with this personal data due to their tasks.

If third parties gain access to your data, we have obtained your permission or there is a legal basis for this.

We also use service providers to provide services and process your data (including hosting, sending letters or e-mails, maintaining and analysing databases, securing our web servers or website tracking). Insofar as these special provisions apply, we have carried them out for you in the following way for the respective service. The service providers process the data exclusively on our instructions and are obliged to comply with the applicable data protection regulations. All contractors have been carefully selected and will only have access to your data to the extent and for the time required to provide the services or to the extent to which you have consented to the processing and use of your data.

b) Data exchange within the group of companies

Data exchange within the group of companies to which we belong usually takes place within the EU/EEA and only serves internal administrative purposes. Insofar as personal data is transferred to third countries, this will take place on the basis of the EU Standard Treaty 2010 pursuant to Art. 46 (2) lit. c) GDPR in conjunction with the decision of the EU Commission of 05.02.2010 (2010/87/EU). By group of companies we mean affiliated companies within the meaning of Art. 4 No. 19 GDPR.

c) Transfer to third countries and legal basis

The servers of some of the service providers we use are located in the US and other countries outside the European Union. Companies in these countries are subject to a data protection law that does not generally protect personal data to the same extent as is the case in the Member States of the European Union. If your data are processed in a country that does not have a recognised high level of data protection such as the European Union, we use contractual regulations or other recognised instruments to ensure that your personal data are adequately protected. We expressly point this out to you again within the scope of the individual services.

Insofar as personal data is transferred to third countries, this is done on the basis of the EU Commission's decision on appropriateness to the EU-U.S. Privacy Shield pursuant to Art. 45 GDPR or the EU Standard Contractual Clauses 2010 pursuant to Art. 46 (2) lit. c GDPR in conjunction with the decision of the EU Commission of 05.02.2010 (2010/87/EU) or your consent pursuant to Art. 49 (1) lit. a) GDPR.

d) Transmission to law enforcement and criminal investigation authorities

In exceptional cases we transmit personal data to law enforcement and criminal investigation authorities. This is done on the basis of corresponding legal obligations, e.g. from the Code of Criminal Procedure, the Fiscal Code, the Money Laundering Act or state police laws.

5. Storage periods

We store personal data within the framework of legal regulations or your consent. We use the following criteria to determine the concrete storage period:

We store the personal data until the purposes for which they were collected cease to apply (e.g. at the end of a contractual relationship or through the last activity, if no continuing obligation exists, or in the case of a revocation of your consent for the specific data processing).

Further data will only be stored if

  • legal storage obligations (e.g. according to tax law and national trade laws) exist;
  • the data is still needed to assert and exercise legal claims or to defend against legal claims, e.g. due to technological and forensic requirements to defend against attacks on our web servers and their prosecution;
  • the deletion would be contrary to the legitimate interest of the data subjects;

or

  • another exception pursuant to Art. 17 (3) GDPR applies.

6. Your Rights

You have a number of legal rights to which we would like to draw your attention below. Of course, our data protection officer is also available to answer any questions you may have about your personal data that we have collected and processed using the contact details given below.

a) Right to information and data transferability

You have a right of information about the personal data we process concerning you at any time.

If the data processing is based on your consent or according to Art. 6 (1) lit. b) GDPR on a contract, you can also demand in accordance with Art. 20 (1) GDPR to receive the personal data stored about you in a structured, current and machine-readable format. At your request, we will also forward the data directly to the recipient of your choice.

b) Right to rectification, restriction and deletion

Furthermore, in accordance with Articles 16 to 18 GDPR, you can request us to correct, restrict (block) or delete your personal data if we have processed the data incorrectly, if there is a reason to restrict further data processing, or if data processing has become illegal for various reasons, or if its storage is inadmissible for other legal reasons. We would like to point out that your right to deletion may be restricted by legal retention periods.

c) Rights of objection

If our data processing is based exclusively on our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR, you may object to this processing pursuant to Art. 21 (1) GDPR. Then we will stop processing your data unless we can prove grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend a legal claim. Furthermore, you always have the right to object to the use of your data for the purpose of direct advertising with effect for the future pursuant to Art. 21 (2) GDPR.

d) Right of revocation

If you have allowed us to process your personal data by giving your consent, you have a right of revocation with effect for the future pursuant to Art. 7 (3) GDPR.

e) Right of appeal to the Supervisory Authority

You are free to complain to a supervisory authority if you believe that our processing of your personal data violates the European General Data Protection Regulation or other national and international data protection laws.

f) Contact information

To exercise your rights, you can send us an informal message to the following contact details. Please also address the revocation of your consent to the following contact details, indicating which declaration of consent you would like to revoke:

Person responsible DPO
HOERBIGER Holding AG For the German companies:
Baarerstrasse 18 datenschutz@it-sec.de
6302 Zug, Schweiz
Tel. +41 (0) 41 560 10 00
info@hoerbiger.com
Chairman of the board: Dr. Jürgen Zeschky Chairman of the Supervisory Board: Dr. Martin Komischke

7. Use of our website - profiling, cookies and web tracking

a) Basic information on cookies and opt-out options

We use so-called cookies in some areas of our website, e.g. to recognize the preferences of visitors and to be able to design the website accordingly. This facilitates navigation and a high degree of user-friendliness of a website. Cookies also help us to identify particularly popular areas of our website. Cookies are small files that are stored on a visitor's hard drive of the used device. They allow information to be stored for a certain period of time and to identify the visitor's computer. For better user guidance and individual service presentation, we use permanent cookies.

We also use so-called session cookies, which are automatically deleted when you close your browser. You can set your browser so that it informs you about the placement of cookies. This makes the use of cookies transparent for you. This is done to verify the authorization of actions and the authentication of the requesting user of our services. The legal basis is Art. 6 (1) lit. c) in conjunction with Article 32 and Article 6 (1) lit. f) GDPR. Our legitimate interest is to secure our web server, for example to defend ourselves against attacks, and to ensure the functionality of our services.

We only set non-technically necessary cookies after your express consent, which you can of course revoke at any time.

As part of our cookie information on our website, you have agreed to the following statement in this regard:

This website uses tracking cookies or tracking software to provide you with the full functionality of our website and thus a better online experience. You can find more detailed information on the cookies and web tracking procedures used by us and the consents you have given us in our data protection declaration at datenschutz. However, technically unnecessary cookies or our tracking software will not be activated until you have given us your consent.

If you completely exclude the use of cookies, you cannot use certain functions of our website - including the possibility of cookie-based opt-out from tracking. Please allow the opt-out cookies of those services for which you wish to prevent tracking.

Please also note that deleting all cookies will also delete opt-out cookies. You may therefore have to reset them. Cookies are also browser-bound, i.e. they must be set separately for each browser you use on each device you use. You will find the necessary links in the description of the respective service below.

The following cookies are used by us – with your consent and without having set one or more opt-out cookies - for the described purposes:

Name of Cookie Purpose Storage duration Technically necessary Revocation of consent (if cookie is not technically necessary)
_gat_UA This cookie is used by Google Analytics to control the frequency of requests. 1 day no see below
_gid This cookie is used by Google Analytics to distinguish between users. 1 day no see below
_ga This cookie is used by Google Analytics to distinguish between users. 2 years no see below
_pk_ses.14.3fbd Used by Matomo (Piwik) Analytics Platform to track visitor page views during the session. Session no see below
_pk_ses.39.3fbd. Used by Matomo (Piwik) Analytics Platform to track visitor page views during the session. Session no see below
gxa Gaxweb session cookie. Gaxweb session cookie. Use by site administrators. Session no -

b) Google Analytics

This website uses Google Analytics, a web analysis service of Google LLC "("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will reduce your IP address within Member States of the European Union or in other countries party to the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website usage and Internet usage. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. One way to object to web analysis by Google Analytics is to set an opt-out cookie that instructs Google not to store or use your data for web analysis purposes. Please note that with this solution the web analysis will only not take place as long as the opt-out cookie is stored by the browser. If you would like to set the opt-out cookie now, please click https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable.

You may also refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link. The current link is: http://tools.google.com/dlpage/gaoptout?hl=de.

Recipient of the data: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA Privacy-Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

c) Google Tag Manager

Google Tag Manager is a Google product that allows us to manage web page tags from applications such as Google Analytics via a single interface. The Tag Manager is a cookie-less domain and does not collect any personal data.

d) Matomo Web Tracking (formerly called Piwik)

Wir nutzen zur Optimierung und statistischen Auswertung von Besucherzugriffen unserer Webseite die Webseite-Analyse-Software Matomo.

We use the website analysis software Matomo to optimize and statistically evaluate visitor access to our website.

Matomo uses so-called cookies, small text files that are stored locally on your end device and enable us to analyze the use of our website. We ensure that the calling IP address is anonymized immediately after its influence in a hash value and before it is stored, so that no conclusions can be drawn about you. The data obtained in this way is processed exclusively on our own servers in Germany. The data will not be accessed by third parties.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our website.

Alternatively, you can also object to the storage and evaluation of the data collected by Matomo at any time. In this case, a so-called opt-out cookie ensures that Matomo does not collect any session data.

In addition, our website analysis naturally respects your 'Do not Track' preference as set in your browser.

Overview of cookies used by Matomo: https://matomo.org/faq/general/faq_146/ General information about data protection at Matomo: https://matomo.org/docs/privacy/

e) Social Media Buttons

We use the social media plugin from LinkedIn on our website.

If you visit our website at the same time in the social network of the provider or the social media plugin, a direct connection is established between your browser and the pages of the corresponding provider, which may collect personal data (IP address) and other information about you that can be condensed to a personal date (e.g. browser system configuration, movement and usage data).

As this transmission is direct, we are not aware of the transmitted data and processing procedures. Responsible for these data within the meaning of Art. 4 No. 17 GDPR is solely the respective provider.

Therefore, the so-called 2-click model was installed on our website, i.e. the social media plugins are first of all online deactivated buttons that do not make contact with the servers of the respective providers. Only when you have activated these and thus really agreed to communicate with the provider, the data can actually be collected by him.

By pressing the deactivated button again, you consent to the transmission of the data to LinkedIn.

Recipient of the data: LinkedIn Corporation, 1000 W. Maude Ave., Sunnyvale, California 94085, USA

Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active

8. Supplementary notes and provisions on individual services As a supplier you have the opportunity to

a) Suppliers portal

register with us on our website. During the registration process you will be automatically redirected to the website of our partner JAGGAER Direct AG. The data protection regulations of our partner apply in the following. We are pleased that you would like to register as a supplier for HOERBIGER. Please fill out the following registration form to receive a login. You will then be asked to maintain your company profile, which will be forwarded to the responsible purchaser and checked. If HOERBIGER is interested in your company, you will receive an invitation to complete a detailed supplier self-assessment, which triggers an internal release process. After your company has been approved, you will be accepted by us as a supplier and can be considered for inquiries from now on.

b) Online application procedure

We offer you the opportunity to apply to us online by e-mail. The transmission of the e-mail as well as the sent file attachments takes place via the Internet and is therefore unencrypted without the use of additional tools. Your electronic application data will be received by the relevant personnel department and only forwarded to the department responsible for the respective position or to the persons in charge of processing. The data is managed internally in Lumesse. The contractual relationships with Lumesse are protected under data protection law. All parties involved treat your application documents with the necessary care and with absolute confidentiality.

HOERBIGER is an international company with employees working together in their functions on a cross-border basis. We would like to point out that it is possible that persons who have their place of work in countries outside the European Union may be involved in the selection process when filling positions with an international reach. It is therefore also possible that in such cases the candidate information will be transferred to countries outside the European Union during the selection procedure. In these cases, however, we have ensured that an adequate level of data protection has been established in accordance with the General Data Protection Regulation.

After completion of the applicant selection process, we will send your application documents to

3 months and then delete or destroy any copies unless we have concluded an employment contract with you. Should we wish to include your application documents in our applicant pool, we will contact you. In the notification you can actively consent to the further storage of your documents.

Please note that applications that you send us by e-mail will be sent to us unencrypted. We therefore recommend the use of encryption software.

c) Data processing for direct marketing purposes

Postal advertising

To the extent permitted by law, we may also use your name and the postal address known to us to send you advertising for our own offers. The legal basis is

Art. 6 (1) lit. f) in conjunction with Recital 47 GDPR. Our legitimate interest is to promote sales or demand from our existing customers. Of course, you can object to the processing of your data for advertising purposes at any time in the future. A message in text form to the above mentioned contact data is sufficient. We will then delete your data from our mailing list. The data proving your objection will be kept for another 6 years in accordance with Art. 17 (3) lit. e) GDPR. During this period, however, your personal data will be blocked for further processing.

Telephone advertising

To the extent permitted by law, we may also use your name, company affiliation and telephone number provided to inform business customers about our own offers, assuming your presumed interest. The legal basis is Art. 6 (1) lit. f) in conjunction with Recital 47 GDPR, § 7 (2) No. 2 UWG (Germany), or the respective applicable national regulations. Our legitimate interest is to promote sales or demand from our existing business customers. Of course, you can object to the processing of your data for advertising purposes at any time in the future. A message in text form to the above mentioned contact data is sufficient. We will then delete your data from our mailing list. The data proving your objection will be kept for another 6 years in accordance with art. 17 (3) lit. e) GDPR. During this period, however, your personal data will be blocked for further processing.