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Data security

DATA PROTECTION DECLARATION

1.    Area of application
This data protection declaration (as amended from time to time) applies to the use of the homepage and the services offered via it (in particular to the online shop).
Personal data about you is processed when you use the homepage. Personal data means any information that enables an inference to be drawn about an identified or identifiable natural person (“personal data”). Because protecting your privacy is important to us, we would like to inform you about what personal data we process when you use the homepage and how we handle this data.

By accessing our homepage www.hytecon.com (“homepage”) and/or by communicating with us via the contact form on our website, by e-mail or via other channels as well as by using our online shop hytecon.com/hypro-water, you accept the current version of this data protection declaration and expressly consent to the collection, use and other processing of data in accordance with this data protection declaration. If you do not fully agree to this data protection declaration, you may not use our homepage and in particular the online shop

2.    Responsible person, data protection officer and EU representative
2.1.    The operator of the homepage and the party responsible for processing your personal data is: Hytecon AG, Brunnhalde 10, CH-6006 Luzern, Switzerland; e-mail: info@hytecon.com.
2.2.    You can reach our data protection officer at the email address gdpr@hytecon.com or at our postal address mentioned above with the addition of “Data Protection Officer”.
2.3.    Our EU representative is: Hytecon Entwicklung und Produktion GmbH, Data Protection Officer, Oststraße 68, 32051 Herford, Germany

3.    Personal data processed
Below you will find more detailed information on what personal data we collect and how we process it.

3.1.    Google Analytics
Our website uses the Google Analytics web analytics service provided by Google, Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The data processing serves the purpose of analysing this website and its visitors. Google will use the information obtained on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website usage and internet usage to the website operator. The IP address transmitted by your browser through Google Analytics is not merged with other data by Google.
Google Analytics uses cookies that enable an analysis of your use of the website. The information generated by the cookies regarding your use of this website is generally transmitted to and stored on a Google server in the United States. IP anonymisation is activated on this website. This means that your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional circumstances is the full IP address transmitted to a Google server in the USA and truncated there. Your data may be transferred to the USA. An adequacy decision of the European Commission is available for data transfers to the USA.
Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov-/participant?id=a2zt000000001L5AAI¬&status=Active).
You can object to the processing of personal data concerning you. To do this, you can prevent the storage of cookies by selecting the appropriate technical settings in your browser software. However, it is then possible that you may not be able to use all the functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. To prevent Google Analytics from collecting data across all devices, you can set an opt-out cookie. These prevent the future collection of your data when visiting this website. For this, it is necessary that you carry out the opt-out on all systems and devices used, to ensure that the opt-out has a comprehensive effect. If you click here, the opt-out cookie will be set: Deactivate Google Analytics. For more information on terms of use and data protection, please visit https://www.google.com/analytics/terms/de.html or https://policies.google.com/?hl=en-GB&gl=de.

3.2.    Google Ads remarketing
We use Google AdWords to advertise this website in Google search results and on third-party websites. For this purpose, what is known as a remarketing cookie is set by Google when you visit our website by means of a pseudonymous cookie ID and enables interest-based advertising based on the pages you visit. Considering a balance of interests, this serves to protect our legitimate interests in the optimal marketing of our website. The basis is art. 6 para. 1 p. 1 lit. f of the GDPR.
Any further data processing will only take place if you have consented to Google linking your web and app browsing history to your Google Account and using information from your Google Account to personalise ads you see on the web. In this case, if you are logged in to Google while visiting our website, Google will use your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, your personal data will be temporarily linked by Google with Google Analytics data in order to form target groups.
Google AdWords remarketing is a service offered by Google LLC (www.google.de). Google LLC is headquartered in the USA and is certified under the EU-US Privacy Shield. A current certificate can be viewed here. Based on this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.
You can deactivate the remarketing cookie via this link. In addition, you can obtain information from the Digital Advertising Alliance about the setting of cookies and change your settings in this regard.

3.3.    Facebook remarketing
Remarketing tags of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on this website. If you have given your consent to this in accordance with art. 6 para. 1 p. 1 lit. a of the GDPR, a direct connection is established between your browser and the Facebook server via the remarketing tags when you visit our website. Facebook thereby receives the information that you have visited our site with your IP address. This enables Facebook to link the visit to our pages to your user account. We can use the information obtained in this way to display Facebook ads. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. For more information, please see Facebook’s data protection declaration at https://www.facebook.com/about/privacy. You can revoke your consent to data collection via Facebook Custom Audience at any time by clicking on this link.

3.4.    Pinterest conversion tracking
Our website uses the conversion tracking technology of the social network Pinterest (Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland), which enables us to display relevant advertisements and offers on Pinterest to our website visitors who have already taken an interest in our website and our content/offers and are Pinterest members. For this purpose, what is known as a conversion tracking pixel from Pinterest is integrated on our pages; this informs Pinterest when you visit our website that you have called up our website and in which parts of our offer you were interested. For example, if you were interested in our subscriptions on our website, you may be shown an ad on Pinterest about our subscriptions.
You can object to the collection of data for the display of interest-based advertising on Pinterest at any time in your account settings on Pinterest at www.pinterest.com/settings/privacy (under “Personalization”, deactivate the button “Use information from our partners to improve which recommendations and ads you see”) or at https://help.pinterest.com/en/article/personalization-and-data (follow the instructions under “Turn off personalization”).

3.5.    Google Tag Manager
This website uses the Google Tag Manager. Google Tag Manager is a solution that allows marketers to manage website tags through one interface. The Tag Manager tool itself (which implements the tags) is a cookie-less domain that does not collect any personal data. The tool triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, this remains in place for all tracking tags implemented with Google Tag Manager.

3.6.    What personal data do we collect?
We only collect personal data from you that you provide when communicating with us (e.g. surname, first name, address of residence/domicile, date of birth, nationality, e-mail address, account details and website URL). In some cases, your personal data will be supplemented with information from publicly available sources, such as online media or employer websites, in order to communicate effectively with you and provide you with our services.
Our website can generally be visited without registration. When you access our website, data such as the pages accessed or the name of the file accessed and the date and time are stored on the server for statistical purposes without this data being directly linked to your person.

3.7.    Information collected during download
When you download the app, certain required information is transmitted to your chosen app store (e.g. Google Play or Apple App Store). This includes, in particular, your user name, e-mail address, the customer number attached to your account, the time of the download, payment information if applicable and the individual identification number of your end device. The processing of this data is carried out exclusively by the respective app store and is beyond our control. 
The purpose and scope of data processing by the respective app store as well as your rights in this regard can be found in the relevant app store's data protection notices, as can options you can set to protect your privacy.

3.8.    Information collected automatically
As part of the use of the app, we automatically collect certain data that is required for the use of the app. This includes: internal device ID, version and language of your operating system, screen resolution, Bluetooth MAC address, time of access.
This data is automatically transmitted to us. (1) to provide you with the app and related features, (2) to improve the functions and performance features of the app, and (3) to prevent and remedy misuse and malfunctions. This data processing is justified by the fact that (1) the processing is necessary for the provision of the app, and (2) we have a legitimate interest in ensuring the functionality and error-free operation of the app and in being able to offer a service that is in line with the market and our interests. For further information regarding this balancing of interests, please contact us using the contact details provided in section 2 above.

3.9.  Information collected as part of the purchase

As part of the purchase, the user is redirected to a Shopify webshop. Shpoify's privacy policy can be accessed at the following link: https://www.shopify.de/legal/datenschutz

3.10. Information collected when you use the app
Within the app, you have the option of submitting personal data. We use this data, including personal data, for the following purposes:
3.10.1.    If you order products via the app or use our contact form, we collect your personal data (e.g. title, surname, first name, e-mail address, postal address, telephone number). We use this data to provide you with our services and to be able to carry out the user relationship with you. The legal bases for this are your consent and the necessity of doing so for the performance of the contract.
3.10.2.    We or companies affiliated with us also use your data for advertising purposes (in particular by post or in the form of e-mail newsletters or customer surveys or for contacting you e.g. by SMS or by telephone) if you wish to receive such communication. The legal basis for this is your consent, if we have obtained it, or our legitimate interest in advertising measures relevant to you. If you would like further information regarding this balancing of interests, please contact us using the contact details provided in section 2 above.
You can object to the use of your data for advertising purposes at any time. Details of your right to object can be found in section 5.4 of this privacy policy. If we are required by local laws in individual countries to obtain your prior consent for the aforementioned advertising measures, we will of course do so. The legal basis for processing your data is then your consent. You can revoke your consent at any time. For this purpose, please contact us using the contact options mentioned above in section 2 or follow the respective instructions in our advertising messages. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of consent.

3.11.    The app uses one or more of the tools and technologies listed below:
3.11.1.    Microsoft App Center Analytics
In our app, we use technologies from the Microsoft Analytics App Center (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; “Microsoft”) with various functionalities (“Microsoft Analytics”). Microsoft Analytics enables the use of our app offer to be analysed. This involves collecting completely anonymised information about the use of our app and transmitting it to Microsoft, where it is stored. Microsoft uses the aforementioned information to evaluate the use of our app and to provide us with other app-related services. The legal basis for the use and evaluation of the data and the use of Microsoft is our legitimate interest in analysing, optimising and economically operating our app. You can prevent your activity data from being shared with Microsoft by using the slider to deactivate the “Send Analytics data” setting.
3.11.2.    Google Analytics
In our app, we use Google Analytics, a web analytics service provided by Google Inc, (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). The use may also include the “Universal Analytics” mode of operation. This makes it possible to link data, sessions and interactions across multiple devices to a pseudonymous user ID and thus analyse a user’s activities across devices. Google Analytics uses what are known as cookies – text files placed on your mobile device that enable your use of the app to be analysed (comparable technologies may also be used instead of cookies).
The information generated by the cookie regarding your use of this app is generally transmitted to and stored on a Google server in the United States. As IP anonymisation is activated in the app, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional circumstances is the full IP address transmitted to a Google server in the USA and truncated there. Google uses this information to evaluate your use of the app, to compile reports about app activities and to provide us with other services connected to app usage and Internet usage.
Our use of Google Analytics is based on our legitimate interest in a needs-based design, statistical analysis and the efficient promotion of our app.

4.    Cookies
Our website uses cookies. Cookies are small text files that make it possible to store specific, user-related information on the user’s end device while he/she is using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyse behaviour patterns of page use, but also to make our offering more customer-friendly. Cookies remain stored beyond the end of a browser session and can be accessed again when you visit the site again. If you do not wish this to happen, you should set your web browser to refuse or prevent the acceptance and storage of cookies. Please note that not all functions of the website can then be used.

5.    Server log files
Our website automatically collects and stores information in what are known as server log files, which your browser automatically transmits to us. These are:
•    Browser type and version
•    Operating system used
•    Referrer URL
•    Host name of the accessing computer
•    Time of the server request
This data cannot be linked to a specific person. This data is not merged with other data sources. However, we reserve the right to check this data retrospectively if we become aware of specific indications of unlawful use.

6.    Processing purposes
We use personal data to provide a functional website and the content thereof, to communicate with you and to process orders via the online shop.

7.    Basis for processing
Processing of your personal data for the purposes described herein is based on, among other things, our legitimate interest in maintaining communications about our project funding and other services and to implement project funding and other services (including operation of the website), unless we have your consent or another basis for lawfully processing your personal data under applicable law.

8.    Disclosure of your data to third parties
In principle, your personal data will only be passed on without your express prior consent in the cases listed below:

8.1.    For reasons of legal prosecution
If it is necessary to investigate unlawful use of our website or other services or for legal prosecution, personal data will be forwarded to law enforcement agencies and, if necessary, to injured third parties. However, this only happens if there are concrete indications of unlawful or abusive behaviour. Disclosure may also take place if it serves to enforce terms of use or other agreements. By law, we are also required to provide information to certain public bodies upon request. These include law enforcement authorities, authorities that prosecute administrative offences and financial and supervisory authorities.
The disclosure of this data is based on our legitimate interest in combating abuse, prosecuting criminal offences and securing, asserting and enforcing claims. If you would like further information regarding this balancing of interests, please contact us using the contact options provided in section 2 above.

8.2.    HYTECON Group’s affiliated companies
In order to ensure optimum sales support for Hytecon customers in the country in question, personal data is passed on to the sales company affiliated with us that is located there. The disclosure of this data is based on our legitimate interest in ensuring effective customer service. If you would like further information regarding this balancing of interests, please contact us using the contact options provided in section 2 above.

8.3.    Order processors
We rely on contractually affiliated third-party companies and external service providers (“order processors”) to process orders in our online shop. In such cases, personal data is passed on to these processors to enable them to continue processing. These processors are carefully selected and regularly reviewed by us. The processors may only use the data for the purposes specified by us and are also contractually obliged by us to treat your data exclusively in accordance with this data protection declaration and the applicable data protection laws.
In detail, we use the following processors:
•    Other Hytecon companies for the purpose of central customer administration and order processing or for the purpose of providing central IT services for the other group companies
•    Cloud computing providers that process selected usage and device data regarding your end device within Europe
•    Logistics service providers to ship the products, marketing materials or other items you order from us to you
•    Payment service providers for processing any payments from you to us or vice versa
•    Service providers for sending newsletters or conducting customer surveys
Data is transferred to order processors based on our legitimate interest in the economic and technical benefits associated with the use of specialised order processors and the fact that your rights and interests in the protection of your personal data are not overridden. If you would like further information regarding this balancing of interests, please contact us using the contact options provided in section 2 above.
Personal data will not be transferred to countries outside the European Economic Area and Switzerland, subject to the exceptions described in section 3.4.2.

9.    Data security
Use of or access to your personal data is restricted to those persons who need it.
Hytecon deploys appropriate technical and organisational security measures to protect your data, in particular against accidental or intentional manipulation, disclosure, loss or destruction. Our security measures are continuously improved with technological development and comply with applicable data protection law. 
However, data transmission over the internet is not completely secure and any transmission of your personal data to us via the app or otherwise is at your own risk.

10.    Data of third parties
This data protection declaration also applies to the processing of personal data of other persons that you provide to us. You are responsible for informing the relevant persons about this data protection declaration. You assure us that the individuals whose data you provide to us have consented to this data protection declaration and the processing of their personal data as described herein.

11.    Your rights
As a person affected by data processing, you have the rights described below with regard to our processing of your personal data in accordance with and as provided for under the data protection law applicable to you, in particular the Swiss Data Protection Act or the EU’s General Data Protection Regulation (EU 2016/679). If you wish to exercise your rights, please send your written request to us using the contact details provided in section 2 above or to the following e-mail address: gdpr@hytecon.com.

11.1.    Right to information
To the extent provided for by the applicable law, you have the right to obtain from us, at any time, information about the personal data we process relating to you.

11.2.    Right of rectification or deletion
Insofar as the applicable law provides for this, you have the right to demand that we correct inaccurate data, complete incomplete data or delete personal data relating to you. In particular, you have the right to deletion if the personal data is no longer necessary for the purposes for which it was collected or otherwise processed. Exercising this right of deletion may be restricted, particularly if we need your data to fulfil a legal obligation or to enforce legal claims.

11.3.    Right to restrict processing
Insofar as the applicable law provides for this, you have the right in certain cases to demand that we restrict the processing of your personal data.

11.4.    Right to object
To the extent that applicable law so provides, you have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out, inter alia, on the basis of the performance of a task carried out in the public interest or on the basis of our legitimate interests. We will stop processing your personal data unless we can demonstrate compelling legitimate grounds that override your interests, rights and freedoms, or if the processing is for the establishment, exercise or defence of legal claims.

11.5.    Right to data portability
To the extent provided for by applicable law, you have the right to obtain from us the personal data concerning you that you have provided to us in a structured, conventionally used, machine-readable format and to transfer it to another provider, provided that the processing is based on your consent or is necessary for the execution of a contract with you and that the processing is carried out with the aid of automated procedures.

11.6.    Right to complain to the competent data protection supervisory authority
You have the right to lodge a complaint with a supervisory authority – in particular in the Member State of your residence, place of work or place of the alleged infringement – if you consider that the processing of personal data concerning you infringes applicable data protection law.

11.7.    Right to withdraw consent
You have the right to withdraw your consent if our processing is based on your consent. The revocation of consent does not affect the lawfulness of the previous processing of your personal data based on your consent.

12.    Deletion of your data
To have your data deleted, please simply send us an e-mail to gdpr@hytecon.com. In general, we delete or anonymise your personal data as soon as it is no longer necessary for the purposes for which we collected or used it in accordance with the above paragraphs. If your data must be retained for legal reasons or if applicable regulations make retention appear reasonable, your information will be frozen. The data is then no longer available for further use. If you would like more information about our deletion and retention periods, please contact us using the contact details provided in section 2 above.

13.    Changes of purpose
Your personal data will only be processed for purposes other than those described if a legal provision permits this or you have consented to the changed purpose of the data processing. In the event of further processing for purposes other than those for which the data was originally collected, we will inform you of these other purposes prior to further processing and provide you with all other relevant information.

14.    Automated individual case decisions or profiling measures
We do not use automated processing – including profiling – to make a decision.

15.    Contact
If you have any questions on the subject of data protection, you can contact us at any time at the address given in the imprint or via the contact details given under point 2 of this data protection declaration. You also have the right to contact the data protection supervisory authority in your country of residence.

16.    Changes 
We occasionally make changes to our data protection declaration. The currently valid version of the data protection declaration can be found on our website under the menu item “Data protection”. By continuing to access our website, you agree to the updated data protection declaration.
 

Lucerne, January 2021