Version dated May 24th 2018
In this data protection declaration we, AudioRent Clair AG and M&R Multimedia GmbH, hereinafter referred to as ARC, explain how we collect and otherwise process personal data. This is not a final description; if applicable, other privacy statements [or general terms and conditions, conditions of participation and similar documents] govern specific circumstances.
Personal data means all information relating to an identified or identifiable person.
Although the GDPR is a regulation of the European Union, it is of importance to us. The Swiss Data Protection Act (DSG) is strongly influenced by EU law, and companies outside the European Union or the EEA must comply with the GDPR under certain circumstances.
1. Responsible Person / Data Protection Officer / Delegate
ARC (AudioRent Clair AG, Industriestrasse 111, CH-4147 Aesch) is responsible(ii) for processing data that we carry out here, unless otherwise stated in individual cases.
If you have any data protection concerns, you can send them to us at the following contact address [for all companies of the ARC Group]:
AudioRent Clair AG
(this is also the address of our data protection officer according to Art. 37 GDPR)]
You can contact our data protection officer in accordance with Art. 37 DSGVO at AudioRent Clair AG, Christopher Diedrich, Industriestrasse 111, CH-4147 Aesch, firstname.lastname@example.org
Our representative in the EEA according to Art. 27 GDPR (if required) is: AudioRent Clair AG, Toni Scherrer, Industriestrasse 111, CH-4147 Aesch, email@example.com
2. Collection and processing of personal data
We primarily process the personal information that we receive from our customers and other business partners in the course of our business relationship with them and other individuals involved in our business or that we collect from their users when operating our websites, apps and other applications.
To the extent permitted, we also extract certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from other companies within the ARC Group, from authorities and other third parties (e.g. credit agencies). In addition to the information you provide directly to us, the categories of personal information that we receive about you from third parties, in particular information from public registers, information we obtain in connection with administrative and judicial proceedings, information related to your professional functions and activities (e.g. to enable us to with your help, to conclude and conduct business with your employer), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we conduct business with you personally), information about you which persons from your environment (family, advisor, legal representative, etc.) provide to us so that we can conclude or conduct contracts with you or with your involvement (e.g. References, your address for deliveries, powers of attorney, information on compliance with legal requirements such as the fight against money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), information from the media and the Internet on your person (if this is indicated in the specific case, e.g.This includes your addresses and, if applicable, your interests and other socio-demographic data (for marketing purposes), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages called up and content, functions used, referring website, location information).
3. Purpose of Data Processing and Legal Bases
We use the personal data collected by us primarily to conclude and process our contracts with our customers and business partners, in particular within the scope of event technology services with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to fulfil our domestic legal obligations and such abroad (iii). If you work for such a customer or business partner, you may of course also be affected in this function with your personal data.
In addition, we process personal data from you and other persons, to the extent permitted and as we deem appropriate, for the following purposes in which we (and sometimes third parties) have a legitimate interest:
- Providing and developing our offerings, services and websites, apps and other platforms on which we are present;
- Communication with third parties and processing of their enquiries (e.g. applications, media enquiries);
- Reviewing and optimising procedures for needs analysis to address customers directly and collecting personal data from publicly available sources to acquire customers;
- Advertising and marketing (including the organisation of events), provided that you have not objected to the use of your data (if we send you advertising from us as an existing customer, you can object to this at any time, we will then put you on a blocking list against further advertising mailings);
- Market and opinion research, media monitoring;
- Assertion of legal claims and defense in connection with legal disputes and official proceedings;
- Prevention and clarification of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
- Ensuring our operations, in particular IT, our websites, apps and other platforms;
- Video surveillance for the protection of the domestic authority and other measures for the IT, building and plant security and protection of our employees and other persons and us
(e.g. access controls, visitor lists, network and mail scanners, telephone records);
- the purchase and sale of business units, companies or parts of companies and other corporate transactions and the related transfer of
Personal data and measures for business management and, to the extent necessary, compliance with legal and regulatory obligations and ARC’s internal regulations.
If you have given us your consent (iv) to process your personal data for certain purposes (for example, when you register to receive newsletters or carry out a background check), we will process your personal data within the framework of and based on this consent, unless we have another legal basis and we would need one. A given consent can be revoked at any time, but this has no effect on data processing that has already taken place.
4. Cookies / Trackingand other Technologies related to the use of our Website
We typically use “cookies” and similar techniques to identify your browser or device on our websites [and apps]. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website [or App Install]. If you visit this website again [or use our apps], we can recognize you even if we don’t know who you are. In addition to cookies, which are only used during a session and deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (“permanent cookies”). However, you can set your browser so that it rejects cookies, saves them only for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies so that you can save user settings (e.g. language, autologin), so that we can better understand how you use our offers and content and so that we can display offers and advertisements tailored to you (which can also happen on websites of other companies; however, we will not tell them who you are if we ourselves know this, because they only see that on their website is the same user who was with us on a particular page). Some of the cookies are set by us, some by contractors with whom we work. If you block cookies, you may no longer be able to use certain functions (such as language selection, shopping cart, ordering processes).
In our newsletters and other marketing e-mails, we include visible and invisible picture elements to some extent and to the extent permitted. By retrieving these elements from our servers, we can determine whether and when you have opened the e-mail so that we can measure and better understand how you can use our offers and tailor them to you. You can block this in your email program; most are preset to do so. By using our websites and apps and consenting to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do so, you will need to adjust your browser or email program accordingly, or uninstall the app if this is not possible via the settings. We may use Google Analytics or similar services on our websites. This is a service provided by third parties who may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the U.S., www.google.com) that enables us to measure and evaluate the use of the website (non-personal). Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive any personal data from us (nor does it keep any IP addresses), but can track your use of the website, combine this information with data from other websites that you have visited and which are also tracked by service providers, and use this information for its own purposes (e.g. advertising control). If you have registered with the Service Provider yourself, the Service Provider will also know you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider merely informs us how our respective website is used (no information about you personally).
We also use so-called plug-ins from social networks such as Facebook, Twitter, Youtube, Google+, Pinterest or Instagram on our websites. This can be seen by you in each case (typically via corresponding symbols). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from them.
5. Data Transfer and Transmission Abroad
In the context of our business activities and the purposes set out in point 3, we shall also disclose to third parties, to the extent permitted and deemed appropriate, whether because they have provided such information to us or because they want to use them for their own purposes. This applies in particular to the following areas:
- Our service providers (within the ARC Group and externally, e.g. banks, insurance companies), including contractors (e.g. IT providers);
- Dealers, suppliers, subcontractors and other business partners;
- domestic and foreign authorities, offices or courts;
- Public, including visitors to websites and social media;
- Competitors, industry organisations, associations, organisations and other bodies;
- Acquirers or interested parties in acquiring business units, companies or other parts of the ARC Group;
- other parties in possible or actual legal proceedings;
- Further companies of the ARC Group;
all together receivers.
These receivers are partly domestic, but can be anywhere on earth. In particular, you must expect your data to be transmitted to all countries in which the ARC group
is represented by group companies, branches or other offices as well as in other European countries and the USA where the service providers we use are located (e.g. Microsoft, Podio, Citrix). If we transfer data to a country without adequate legal data protection, we ensure this as required by law through the use of appropriate contracts (namely on the basis of the so-called standard contract clauses of the European Commission, which are available here, here and here)or so-called Binding Corporate Rules for an adequate level of protection or rely on the statutory exceptions of consent, contract performance, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the contractual guarantees mentioned above at any time from the contact person named under item 1, unless the above is already stated. However, we reserve the right to black out copies for reasons of data protection or confidentiality or to supply only excerpts.
6. Duration of Retention of Personal Data
We process and store your personal data for as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the legal storage and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and to the extent that we are otherwise legally obliged to do so or justified business interests require it (e.g. for purposes of proof and documentation). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymised as far as possible. For operational data (e.g. system protocols, logs), generally shorter retention periods of twelve months or less apply.
7. Data Security
We take appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymization, verifications.
8. Obligation to Provide Personal Data
As part of our business relationship, you must provide the personal information necessary to establish and conduct a business relationship and to fulfill the contractual obligations associated therewith (you do not normally have a legal obligation to provide us with information). Without this information, we will generally not be able to enter into or complete a contract with you (or the entity or person you represent). The website can also not be used if certain information to secure data traffic (such as IP address) is not disclosed.
9. Profiling [and automated Decision Making] (v)
We process your personal data partially automated with the aim of evaluating certain personal aspects (profiling). In particular, we use profiling to provide you with targeted information to be able to inform and advise products and services. In doing so, we use evaluation tools that enable us to communicate and advertise according to our needs, including market and opinion research.
In general, we do not use fully automated automatic decision making for the establishment and execution of business relationships, nor do we use any other automatic decision-making process (as regulated in Art. 22 GDPR, for example). Should we use such procedures in individual cases, we will inform you of this separately if this is prescribed by law and inform you of the associated rights.
10. Rechte of the Data Subject
Within the framework of the data protection law applicable to you and insofar as provided therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to Limitation of data processing and other objections to our data processing as well as the disclosure of certain personal data for the purpose of transfer to another location (so-called data portability). Please note, however, that we reserve the right to assert the legally stipulated restrictions on our part, for example, if we are required to store or transfer data to another location for the purpose of processing of certain data are obligated, have a predominant interest in it (as far as we may refer to it) or need it for the assertion of claims. If you incur any costs, we will inform you in advance.
We have already informed you about the possibility of withdrawing your consent in section 3. Please note that the exercise of these rights may conflict with contractual agreements and this may have consequences such as premature termination of the contract or cost consequences. In this case, we will inform you in advance if this has not already been contractually agreed.
As a rule, the exercise of such rights requires that you prove your identity unambiguously (e.g. by means of a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To exercise your rights you may contact us at the address set out in paragraph 1.
In addition, every data subject has the right to assert his or her claims in court or to file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
We may change this privacy statement at any time without notice. The current version published on our website applies. Insofar as the data protection declaration is part of your agreement is with us, we will notify you of the change by email or other appropriate means in the event of an update.
i According to Art. 12 et seq. GDPR (and Art. 4 para. 4 DSG). Cf. also the duty to inform pursuant to GDPR Erw. 58 ff. Guidelines on Transprency under Regulation 2016/679 of the Article 29 Data Protection Working Party (WP 260) under http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=622227.
ii For definitions see Art. 4 para. 7 GDPR. See short description under https://ec.europa.eu/info/law/law-topic/dataprotection/reform/rules-business-and-organisations/obligations/controller-processor/what-data-controller-or-dataprocessor_de and further to statement 00264/10 of the Article 29 Working Party on the terms “controller” and “processor” (WP 169), available at http://ec.europa.eu/justice/article29/documentation/opinion-recommendation/files/2010/wp169_de.pdf.
iii Insofar as data processing within the scope of application of the GDPR is based on this legal basis, it must be noted that this has to be a legal obligation under EU law.
iv Within the scope of application of the GDPR Art. 7 GDPR and Erw. 32, 22, 42, 43 as well as Guidelines on Consent under Regulation 2016/679 (WP 259) of the Article 29 Data Protection Working Party, http://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=623051
v See Art. 22 GDPR and Amendment 71 and 72 and further the Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679 (WP 251), http://ec.europa.eu/newsroom/article29/itemdetail.cfm?item_id=612053.