Privacy policy - Consel Group AG

Data protection declaration

This data protection declaration provides information about the processing of personal data in connection with our activities and operations including our website under the domain name conselgroup.com. In particular, we provide information on why, how and where we process which personal data. We also provide information about the rights of individuals whose data we process.

We may publish additional data protection declarations or other information on data protection for individual or additional activities and operations.

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

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

Table of contents

1. Contact addresses

The person responsible in terms of data protection law is:

Consel Group AG
Brunaustrasse 185
CH-8951 Fahrweid

sales@consel.ch

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

Data protection representation in the European Economic Area (EEA)

We have the following data protection representative in accordance with Art. 27 GDPR:

Consel Deutschland GmbH
Rotebühlplatz 23
D-70178 Stuttgart

sales.deutschland@consel.ch

The data protection representative serves as an additional point of contact for data subjects and authorities in the European Union (EU) and the rest of the European Economic Area (EEA) for enquiries relating to the GDPR.

2. Terms and legal basis

2.1 Terms

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

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

Sensitive personal data: Data concerning trade union, political, religious or philosophical views and activities, data concerning health, intimatesphere or ethnic or racial origin, genetic data, biometric data that uniquely identifies a natural person, data on criminal and administrative sanctions or prosecutions, and data on social assistance measures.

Edit: Any handling of personal data, regardless of the means and procedures used, for example, querying, comparing, adapting, archiving, storing, reading, disclosing, of the means and procedures used, for example, querying, comparing, adapting, archiving, storing, reading, disclosing, obtaining, recording, collecting, deleting, disclosing, arranging, organising, storing, modifying, distributing, linking, destroying and using personal data.

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

We process personal data in accordance with Swiss law, in particular the Federal Data Protection Act (Data Protection Act, DPA) and the Data Protection Regulation (Data Protection Regulation, DSR).

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

  • Art. 6 para. 1 lit. b GDPR for the necessary processing of personal data for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
  • Art. 6(1)(f) GDPR for the necessary processing of personal data in order to safeguard legitimate interests – including the legitimate interests of third parties – unless the fundamental freedoms and rights and interests of the data subject prevail. Such interests include, in particular, the long-term, people-friendly, secure and reliable exercise of our activities and operations, the guarantee of information security, protection against misuse, the enforcement of our own legal claims and compliance with Swiss law enforcement of our own legal claims and compliance with Swiss law.
  • Art. 6 para. 1 lit. c GDPR for the necessary processing of personal data to fulfil a legal obligation to which we are subject under all applicable laws of Member States of the European Economic Area (EEA).
  • Art. 6(1)(e) GDPR for the necessary processing of personal data for the performance of a task carried out in the public interest.
  • Art. 6 para. 1 lit. a GDPR for the processing of personal data with the consent of the data subject.
  • Art. 6 para. 1 lit. d GDPR for the necessary processing of personal data to protect the vital interests of the data subject or another natural person.
  • Art. 9(2) et seq. GDPR for the processing of special categories of personal data, in particular with the consent of the data subjects.

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

3. Type, scope and purpose of personal data processing

We process personal data that is necessary for us to carry out our activities and operations in a sustainable, people-friendly, secure and reliable manner. The personal data processed may fall into the following categories in particular: browser and device data, content data, communication data, meta data, usage data, master data including inventory and contact datadata, location data, transaction data, contract data and payment data. Personal data may also constitute particularly sensitive personal data.

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

We process personal data, where necessary, with the consent of the persons concerned. In many cases, we may process personal data without consent, for example to comply with legal obligations or to protect overriding interests. We may also ask data subjects for their consent if their consent is not required.

We process personal data for the duration necessary for the respective purpose. We anonymise or delete personal data in particular in accordance with statutory retention and limitation periods.

4. Automation and artificial intelligence (AI)

We may process personal data automatically or use artificial intelligence to process personal data.

We may use profiling to automatically evaluate certain personal aspects relating to data subjects. Profiling is used, for example, to analyse or predict interests, behaviour patterns or personal preferences.

We provide information in individual cases about decisions that are based exclusively on automated processing of personal data and that have legal consequences for the persons concerned or significantly affect them.processing of personal data and which have legal consequences for the persons concerned or significantly affect them (automated individual decisions).

5. Disclosure of personal data

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

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

6. Communication

We process personal data in order to communicate with individuals, authorities, organisations and companies. In particular, we process data that a data subject provides us with when contacting us, for example by post or email. We may store such data in an address book or using similar tools.

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

We use selected services from suitable providers to enable and improve communication with individuals and other communication partners. We can also use such services to manage and otherwise process the data of the persons concerned beyond direct communication.

In particular, we use:

7. Applications

We process personal data about applicants to the extent that it is necessary for assessing their suitability for employment or for the subsequent execution of an employment contract. The personal data required is derived in particular from the information requested, for example in the context of a job advertisement. We may publish job advertisements with the help of suitable third parties, for example in electronic and printed media or on job portals and job platforms.

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

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

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

8. Data security

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

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

Our digital communications are subject to – as is all digital communication – mass surveillance without cause or suspicion by security authorities. all digital communication – to mass surveillance without cause or suspicion by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the processing of personal data by secret services, police forces and other security authorities. Nor can we rule out the possibility that a data subject may be subject to targeted surveillance.

9. Personal data abroad

We process personal data in Switzerland and in the European Economic Area (EEA) as a matter of principle. However, we may also export or transfer personal data to other countries, in particular for processing or to have it processed there.

We may transfer personal data to all countries listed at countries on Earth and elsewhere in the universe , provided that the law there complies with the decision of the Swiss Federal Council and – if and to the extent that the General Data Protection Regulation (GDPR) is applicable – also in accordance with decision of the European Commission.

We may transfer personal data to countries whose laws do not guarantee adequate data protection, provided that data protection is ensured for other reasons, in particular on the basis of standard data protection clauses or other appropriate safeguards. In exceptional cases, we may export personal data to countries without adequate or appropriate data protection if the specific data protection requirements are met, for example, the express consent of the data subjects or a direct connection with the conclusion or execution of a contract.We will be happy to provide data subjects with information about any guarantees upon request or provide a copy of any guarantees.

10. Rights of data subjects

10.1 Data protection claims

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

  • Information: Data subjects may request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects shall also receive the information necessary to assert their data protection rights and to ensure transparency. This includes the personal data processed, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries, and the origin of the personal data.
  • Correction and restriction: Data subjects may correct inaccurate personal data, complete incomplete data and restrict the processing of their data.
  • Opportunity to express one’s own point of view and human review: Data subjects may object to decisions that are based solely on automated processing of personal data and that have legal consequences for them or significantly affect them (automated individual decisions), express their own point of view and request a human review, consequences or significantly affect them (automated individual decisions), they can express their own point of view and request a review by a human being.
  • Deletion and objection: Data subjects may have personal data deleted (“right to be forgotten”) and object to the processing of their data with effect for the future.
  • Data disclosure and data transfer: Data subjects may request the disclosure of personal data or the transfer of their data to another controller.

We may postpone, restrict or refuse the exercise of data subjects’ rights within the limits permitted by law. We may inform data subjects of any prerequisites that must be met in order to exercise their data protection rights. For example, we may refuse to provide information in whole or in part on the grounds of confidentiality obligations, overriding interests or the protection of other persons. We may also refuse to delete personal data in whole or in part, for example with reference to statutory retention obligations.

We may charge a fee for exercising these rights in exceptional cases. We will inform the persons concerned in advance of any costs that may be incurred.

We are obliged to take appropriate measures to identify affected persons who request information or assert other rights. Affected persons are obliged to cooperate.

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

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

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

11. Use of the website

11.1 Cookies

We may use cookies. Cookies – both our own cookies (first-party cookies) and cookies from third parties whose services we use (third-party cookies) – are data that are stored in the browser. Such stored data are not necessarily limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as “session cookies” or for a specific period of time as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. Cookies enable us, in particular, to recognise a browser when it next visits our website and thus, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

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

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

11.2 Logging

We may log at least the following information for each access to our website and our other digital presence, provided that this information is transmitted to our digital infrastructure during such access: Date and time, including time zone, IP address, access status (HTTP status code), Operating system including user interface and version, browser including language and version, individual subpage of our website accessed including amount of data transferred, last website accessed in the same browser window (referrer).

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

11.3 Tracking pixels

We may integrate tracking pixels into our digital presence. Tracking pixels are also known as web beacons. Tracking pixels – including those from third parties whose services we use – are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when you access our digital presence. Tracking pixels can be used to collect at least the same information as is recorded in log files.

12. Notifications and communications

12.1 Success and reach measurement

Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links have been clicked on. Such web links and tracking pixels may also record the use of notifications and communications on a personalised basis. We require this statistical recording of usage for success and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner, as well as permanently, securely and reliably, based on the needs and reading habits of the recipients.

12.2 Consent and objection

You must always consent to the use of your email address and other contact details, unless such use is permitted for other legal reasons. We may use the “double opt-in” procedure to obtain double-confirmed consent. In this case, you will receive a message with instructions for double confirmation. We may use the consent obtained, including IP address and timestamp for evidence and security reasons.

You can generally object to receiving notifications and communications such as newsletters at any time. By objecting, you can also object to the statistical recording of usage for success and reach measurement. This does not apply to necessary notifications and communications in connection with our activities and operations.

12.3 Service providers for notifications and communications

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

We use the following in particular:

  • KlickTipp: Email marketing platform; provider: KLICK-TIPP LIMITED (United Kingdom); information on data protection: Privacy policy.

13. Social media

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

The general terms and conditions (GTC) and terms of use as well as data protection declarations and other provisions of the individual operators of such platforms also apply. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right to information.

For our social media presence on Facebook, including the so-called page insights, we are jointly responsible with Meta Platforms Ireland Limited (Ireland) – insofar as the General Data Protection Regulation (GDPR) applies. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information about how visitors interact with our Facebook presence. We use Page Insights to ensure that our social media presence on Facebook is effective and user-friendly.

Further information about the type, scope and purpose of data processing, information about the rights of data subjects and the contact details of Facebook and Facebook’s data protection officer can be found in Facebook’s privacy policy. We have concluded the so-called “Supplement for Controllers” with Facebook and have thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the relevant information can be found on the page “Information on Page Insights” including “Information on Page Insights data”.

14. Third-party services

We use specialised third-party services to ensure that our activities and operations are sustainable, user-friendly, secure and reliable. These services enable us to embed functions and content into our website, among other things. When embedding such content, the services used collect the IP addresses of users at least temporarily for technically compelling reasons.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in an aggregated, anonymised or pseudonymised form. This includes, for example, performance or usage data in order to be able to offer the respective service.

We use the following in particular:

14.1 Digital infrastructure

We use the services of specialised third parties in order to be able to utilise the digital infrastructure required in connection with our activities and operations. These include, for example, hosting and storage services from selected providers.

In particular, we use:

14.2 Automation and integration of apps and services

We use specialised platforms to integrate and connect existing third-party apps and services. We can also use these ‘no-code’ platforms to automate processes and activities with third-party apps and services.

In particular, we use:

14.3 Appointment scheduling

We use the services of specialised third parties to arrange appointments online, for example for meetings. In addition to this privacy policy, any directly visible terms and conditions of the services used, such as terms of use or privacy policies, also apply.

In particular, we use:

14.4 Audio and video conferencing

We use specialised audio and video conferencing services to communicate online. This allows us to hold virtual meetings or conduct online lessons and webinars, for example. Participation in audio and video conferences is also subject to the legal texts of the individual services, such as privacy policies and terms of use.

Depending on your circumstances, we recommend that you mute your microphone by default when participating in audio or video conferences and blur your background or display a virtual background.

We use the following in particular:

14.5 Online collaboration

We use third-party services to enable online collaboration. In addition to this privacy policy, any directly visible terms and conditions of the services used, such as terms of use or privacy policies, also apply.

In particular, we use:

14.6 Social media features and social media content

We use third-party services and plugins to embed features and content from social media platforms and to enable the sharing of content on social media platforms and other channels.

In particular, we use:

14.7 Map material

We use third-party services to embed maps in our website.

In particular, we use:

14.8 Digital content

We use specialised third-party services to integrate digital content into our website. Digital content includes, in particular, image and video material, music and podcasts.

In particular, we use:

14.9 Fonts

We use third-party services to embed selected fonts, icons, logos and symbols in our website.

In particular, we use:

14.10 Advertising

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

With such advertising, we particularly want to reach people who are already interested in our activities and operations or who may be interested in them (remarketing and targeting). To this end, we may transfer relevant information – including personal data – to third parties who enable such advertising. We can also determine whether our advertising is successful, i.e. whether it leads to visits to our website (conversion tracking).

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

We use the following in particular:

15. Extensions for the website

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

In particular, we use:

  • Gravity Forms Zero Spam: Spam protection (distinguishing between desired content from humans and unwanted content from bots and spam); Provider: Katz Web Services Inc. (USA); Data protection information: Use on own digital infrastructure, Privacy policy.
  • Sirv: Hosting and optimisation of images; provider: SIRV LIMITED (United Kingdom); data protection information: Privacy Policy.

16. Success and reach measurement

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

In most cases, the IP addresses of individual users are recorded. In this case, IP addresses are always shortened (“IP masking”) in order to comply with the principle of data minimisation through appropriate pseudonymisation.

Cookies may be used to measure success and reach, and user profiles may be created. Any user profiles created may include, for example, the individual pages visited or content viewed on our digital presence, information about the size of the screen or browser window, and the location (at least approximately). In principle, any user profiles are created exclusively on a pseudonymous basis and are not used to identify individual users. Individual third-party services to which users are registered may assign the use of our online offering to the user account or user profile for the respective service.

We use the following in particular:

  • Google Marketing Platform: Success and reach measurement, in particular with Google Analytics; Provider: Google; Google Marketing Platform-specific information: Measurement also across different browsers and devices (cross-device tracking) with pseudo-anonymised IP addresses, which are only transferred to Google in the United States in exceptional cases transferred in full to Google in the USA, Data protection declaration for Google Analytics, “Browser add-on to deactivate Google Analytics”.
  • Google Tag Manager: Integration and management of Google and third-party services, in particular for measuring success and reach; provider: Google; Google Tag Manager-specific information: Data protection declaration for Google Tag Manager; Further information on data protection can be found in the individual integrated and managed services.
  • Hotjar: Recording of user behaviour; provider: Hotjar Ltd. (Malta); data protection information: recording without reference to individual website visitors, for example in relation to movements and clicks with a mouse or other input device, “Data protection and Hotjar», «Data protection», Privacy policy, Cookie policy, Security.
  • SalesViewer®: Analysis and optimisation of marketing and sales activities; provider: SalesViewer® GmbH (Germany); information on data protection: On this website, data is collected and stored for marketing, market research and optimisation purposes using SalesViewer® technology from SalesViewer® GmbH on the basis of the legitimate interests of the website operator (Art. 6(1)(f) GDPR). For this purpose, a JavaScript-based code is used to collect company-related data and the corresponding usage. The data collected with this technology is encrypted using a non-reversible one-way function (known as hashing). The data is immediately pseudonymised and is not used to personally identify visitors to this website. The data stored within the scope of SalesViewer® is deleted as soon as it is no longer required for its intended purpose and there are no legal retention obligations that prevent its deletion. You can object to the collection and storage of data at any time with future effect by clicking on this link to prevent SalesViewer® from collecting data on this website in future. An opt-out cookie for this website will be stored on your device. If you delete your cookies in this browser, you will need to click on this link again.

17. Final notes on the data protection declaration

We have created this data protection declaration with the data protection generator from data protection partner created.

We may update this data protection declaration at any time. We will inform you of any updates in an appropriate manner, in particular by publishing the current data protection declaration on our website.