Arva provides information on this website on an “as is” basis. Despite subjecting the content to careful checks, Arva does not accept any liability or warrant that the information made available on its website is accurate, complete or up-to-date. The information, data as well as functions and features are provided and displayed solely for personal use. Arva does not similarly accept any liability or warrant that the information, data, functions and features will be provided without any interruption or disruption. Arva is only liable for wilful or grossly negligent conduct or in the case of mandatory statutory regulations.
Where the website contains links to third-party websites, which may display content created by operators independent of Arva, it is important to note that Arva has not checked the content of these websites and cannot therefore accept any liability for such third-party content.
Arva reserves the right to change, suspend or close down the website, including any services, information, functions and features offered on the websites. Arva, furthermore, reserves the right to limit the use of individual functions and features or services to limit and to restrict access to parts of the website without prior notice. Users of the website also hereby agree that Arva may edit or remove published information and data at any time. The Arva is under no obligation to maintain the content on its website.
The content and structure of the website provided by Arva are protected by copyright. The reproduction, modification and distribution of information or data, and in particular, the use of texts, text parts or images and audio recordings requires the prior consent of Arva.
The use of the website, information, data, images, videos and audio recordings provided by Arva, as well as any act, omission or failure to act relating to the use of the websites governed exclusively by the laws of Switzerland.
The use of our website is usually possible without providing personal information. As far as personal data (for example name or eMail addresses) is collected, this is always on are raised, this takes place always on a voluntary basis. These data are treated in accordance with the legal data protection regulations and will not be passed on to third parties without your permission. We do not collect any personal data about the usage of our website (usage data).
Please note, that data transmission over the Internet (for example, when communicating via e-mail) may have security vulnerabilities. A complete protection of data access by third parties is not possible.
The usage of our contact data published in the imprint obligation by third parties for sending unsolicited advertising and information materials is hereby expressly excluded. The operators of the pages reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
The data protection declaration of the Arva Greentech AG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
a) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
For the purpose of storing language settings of visitors to our website, we use so-called cookies. Cookies are text information files that your web browser saves on your computer when you open one of our websites. If you do not want cookies to be used, you can refuse to accept cookies in your browser settings.
Our newsletter informs you about the activities of Arva Greentech AG.
If you like to receive the newsletter offered from us, we need an e-mail address from you. By stating this e-mail address, you agree that we use it to send you the newsletter. The registration for our newsletter is confirmed by the double-opt-in procedure. This means, that you will receive an email from us after submitting your email address with the request to confirm the registration. This is necessary to ensure that no one else misappropriates your email address. You can unsubscribe from the newsletter at any time via the link provided in the newsletter.
When subscribing to the newsletter, we also store the IP address of the computer system used by the person concerned at the time of registration, as well as the date and time of registration, as assigned by the Internet Service Provider (ISP). The collection of this data is necessary in order to understand the (possible) misuse of an affected person’s e-mail address at a later date and therefore serves as legal safeguards for the controller.
As distributor for our newsletter, we use the US provider MailChimp. This is a newsletter shipping platform provided by Rocket Science Group, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA. The email addresses of our newsletter recipients as well as their name are stored by this provider on its servers in the USA. The provider uses this data to send the newsletter and to evaluate the newsletter on our behalf (see point 4).
Furthermore, MailChimp may, according to its own information, use this data to optimize or improve its own services, e.g. for the technical optimization of the shipping and the presentation of the newsletter or for economic purposes, to determine from which countries the recipients come. However, MailChimp does not use the data of our newsletter recipients to contact them or to pass on to third parties.
We rely on the reliability, IT and data security of MailChimp. MailChimp is certified under the US-EU privacy shield “Privacy Shield” (link: https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG
) and is committed to complying with EU privacy requirements. Furthermore, we have concluded a data processing agreement with MailChimp (link: https://mailchimp.com/legal/forms/data-processing-agreement/
). In this context, we pointed out that on the websites of MailChimp cookies are used and thus personal data processed by MailChimp, their partners and service providers are used (such as Google Analytics). We have no influence on this data collection. Please also refer to the possibility of objecting to the data collection for advertising purposes on the websites http://www.aboutads.info/choices/
(for the European area).
The newsletter of the Arva Greentech AG contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Arva Greentech AG may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Arva Greentech AG automatically regards a withdrawal from the receipt of the newsletter as a revocation.
5. Contact possibility via the website
The website of the Arva Greentech AG contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
6. Submitting data when placing an order
We only transfer personal data to third parties if this is necessary within the scope of the contract, for example to the bank responsible for processing the payment. A further transmission of your data, for example for the purpose of advertising, does not take place. You can object the use of your data in context of the communication with Arva Greentech AG at any time free of charge. Simply send an e-mail to firstname.lastname@example.org.
7. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
8. Right to object and right to information
9. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
10. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
11. Google Analytics
We use Google Analytics on this website. This is a web analysis service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter only called “Google”. By certification according to the EU-US Privacy Shield https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active Google guarantees that the data protection regulations of the EU are also observed when processing data in the USA. The Google Analytics service is used to analyse the usage behaviour of our website. The legal basis is Art. 6 para. 1 lit. f) DSGVO. Our legitimate interest lies in the analysis, optimization and economic operation of our Internet presence. Usage and user-related information, such as IP address, location, time or frequency of the visit to our website, are transmitted to a Google server in the USA and stored there. However, we use Google Analytics with the so-called anonymisation function. With this function Google shortens the IP address already within the EU or the EEA.
The data collected in this way is in turn used by Google to provide us with an evaluation of the visit to our website and the usage activities there. This data can also be used to provide other services related to the use of our Internet presence and the use of the Internet. Google states that it will not connect your IP address to other data. In addition, Google provides you with further data protection information under https://www.google.com/intl/de/policies/privacy/partners
, e.g. also on the possibilities of preventing the use of data. In addition, Google offers a so-called deactivation add-on at https://tools.google.com/dlpage/gaoptout?hl=de
(This point of our data protection agreement was created using the sample provided by the law firm Weiß & Partner).
12. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
13. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
14. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
15. Links to third party websites
As of: July 2018