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Privacy policy for the SWAP-EUROPE website

Foreword

We, [SWAP Europe] together with our subsidiaries (hereinafter collectively: "the company", "we" or "us") take the protection of your personal data seriously and would like to inform you at this point about data protection in our company.

Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "DS-GVO") in order to ensure the protection of personal data of the person affected by a processing (we also address you as a data subject hereinafter with "customer", "user", "you", "you" or "data subject").

Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Articles 13 and 14 DS-GVO). With this statement (hereinafter: "Privacy Notice"), we inform you about the manner in which your personal data is processed by us.1

Our data protection notices have a modular structure.2 They consist of a general part for any processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which relates in each case only to the processing situation specified there with designation of the respective offer or product, in particular the visit to websites as detailed here (B. Visit to websites).

In order to find the parts that are relevant for you, please refer to the following overview for the subdivision of the data protection information:


A. General

(1) Definitions
Following the example of Art. 4 DS-GVO, this data protection notice is based on the following definitions:

- "Personal data" (Art. 4 No. 1 DS-GVO) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).

-Processing" (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e., acquisition), recording, organization, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended purpose on which a data processing was originally based.

- "Controller" (Art. 4 No. 7 DS-GVO) means 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.

- "Third Party" (Art. 4 No. 10 DS-GVO) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data; this also includes other group-affiliated legal entities.

- "Processor" (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In the sense of data protection law, a processor is in particular not a third party.

-Consent" (Art. 4 No. 11 DS-GVO) of the data subject means any voluntary expression of will in the form of a declaration or other unambiguous affirmative act, given in an informed and unambiguous manner, indicating that the data subject consents to the processing of personal data relating to him or her.

(2) Name and address of the controller.
The controller of your personal data within the meaning of Article 4 No. 7 DS-GVO is us:
SWAP Europe
32 rue Aristide Bergès 31270 Cugnaux - France
Tel: +33 (0) 820 202 268
E-mail: [email protected]

For further information about our company, please refer to the imprint details on our website [link to imprint].

(3) Contact details of the data protection officer (? - is there a DS officer?)
For all questions and as a contact person on the subject of data protection at our company, our company data protection officer is available to you at any time. His contact details are:
[the company]
[address for service]
[e-mail address]

(4) Legal basis for data processing
By law, any processing of personal data is in principle prohibited and only permitted if the data processing falls under one of the following justifications:

- Art. 6 (1) p. 1 lit. a DS-GVO ("consent"): if the data subject has voluntarily, in an informed manner and unambiguously indicated by means of a declaration or other unambiguous confirmatory act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;

- Art. 6 (1) p. 1 lit. b DS-GVO: If the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the data subject's request;

- Art. 6 (1) p. 1 lit. c DS-GVO: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g., a legal obligation to keep records);

- Art. 6 para. 1 p. 1 lit. d DS-GVO: If the processing is necessary to protect vital interests of the data subject or another natural person;

- Art. 6 (1) p. 1 lit. e DS-GVO: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or

- Art. 6 (1) p. 1 lit. f DS-GVO ("Legitimate Interests"): if the processing is necessary to protect the legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor).

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

(5) Data erasure and storage period
For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. If no explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers, subject to any transfer that may take place in accordance with the regulations in A.(7) and A.(8).

However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings, or if storage is required by legal regulations to which we as the responsible party are subject (e.g. § 257 HGB, § 147 AO), is provided for. If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

(6) Data security
We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see under A.(3)).

(7) Cooperation with processors
As with any larger company, we use external domestic and foreign service providers to process our business transactions (e.g. for IT, logistics, telecommunications, sales and marketing). These service providers only act on our instructions and are contractually obligated to comply with the data protection provisions of Art. 28 DS-GVO.
If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

(8) Conditions for the transfer of personal data to third countries
In the course of our business relationships, your personal data may be passed on or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing is carried out exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer below at the relevant points.
Some third countries are certified by the European Commission through so-called adequacy decisions to have data protection comparable to the EEA standard (a list of these countries as well as a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognized codes of conduct. Please contact our data protection officer (see under A.(3)) if you would like more information on this.

(9) No automated decision making (including profiling).
We do not intend to use any personal data collected from you for any automated decision making process (including profiling).

(10) No obligation to provide personal data.
We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. For you as a customer, there is also basically no legal or contractual obligation to provide us with your personal data; however, it may be that we can only provide certain offers to a limited extent or not at all if you do not provide the data required for this. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

(11) Legal obligation to transmit certain data
We may, under certain circumstances, be subject to a specific legal or statutory obligation to provide lawfully processed personal data to third parties, in particular public bodies (Art. 6 para. 1 p. 1 lit. c DS-GVO).

(12) Your rights
You can assert your rights as a data subject regarding your processed personal data to us at any time using the contact details provided at the beginning of A.(2). As a data subject, you have the right:

-request information about your data processed by us in accordance with Art. 15 DS-GVO. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data, if it has not been collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;

-in accordance with Art. 16 DS-GVO, to demand the correction of incorrect or the completion of your data stored by us without delay;

-Pursuant to Art. 17 DS-GVO, to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;

-According to Art. 18 DS-GVO, to request the restriction of the processing of your data, insofar as the accuracy of the data is disputed by you or the processing is unlawful;

-according to Art. 20 DS-GVO, to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another responsible party ("data portability");

-You have the right to object to processing in accordance with Article 21 of the GDPR, provided that the processing is based on Article 6 (1) sentence 1 lit. e or lit. f of the GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.

-According to Art. 7 (3) DS-GVO, to revoke your consent given once (also before the applicability of the DS-GVO, i.e. before 25.5.2018) - i.e. your voluntary will, made understandable in an informed manner and unambiguously by a declaration or other unambiguous confirming act, that you agree to the processing of the personal data in question for one or more specific purposes - at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing that was based on this consent in the future, and

-in accordance with Art. 77 DS-GVO to complain to a data protection supervisory authority about the processing of your personal data in our company, such as the data protection supervisory authority responsible for us: [Competent data protection supervisory authority], [address], e-mail: [e-mail address].

(13) Changes to data protection information
In the context of the further development of data protection law and technological or organizational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes in particular on our website www.swap-europe.com. This data protection notice is valid as of [month and year of publication of the data protection notice].


B. Visiting websites

(1) Explanation of function
You can obtain information about our company and the services we offer in particular at [address of the company's website] together with the associated sub-pages (hereinafter collectively referred to as "websites"). When you visit our websites, personal data may be processed.

(2) Processed personal data6
During the informational use of the Websites, the following categories of personal data are collected, stored and processed by us:

"log data": When you visit our websites, a so-called protocol data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

-the page from which the page was requested (so-called referrer URL)
-the name and URL of the requested page
-the date and time of the request
-the description of the type, language and version of the web browser used
-the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
-the amount of data transferred
-the operating system
-the message whether the call was successful (access status/ttp status code)
-the GMT time zone difference

"Contact form data": When contact forms are used, the data transmitted as a result are processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).

In addition to the purely informational use of our website, we offer the subscription to our newsletter, with which we inform you about current developments in business law and events. When you subscribe to our newsletter, we collect, store and process the following "newsletter data":
-the page from which the page was requested (so-called referrer URL)
-the date and time of the request
-the description of the type of web browser used
-the IP address of the requesting computer, which is shortened in such a way that it is no longer possible to establish a personal reference
-the e-mail address
-the date and time of registration and confirmation
We would like to point out that we evaluate your user behavior when sending the newsletter. For this evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is collected exclusively pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded.

(3) Purpose and legal basis of data processing
We process the personal data described in more detail above in accordance with the provisions of the DS-GVO, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) p. 1 lit. f DS-GVO, the aforementioned purposes also represent our legitimate interests.

The processing of log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO).

Contact form data is processed for the purpose of handling customer inquiries (legal basis is Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO).

Newsletter data is processed for the purpose of sending the newsletter. As part of the registration for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a DS-GVO). For the registration to our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail, by e-mail to [e-mail address of the company] or by sending a message to the contact details provided in the imprint.

(4) Duration of data processing
Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please refer to point A.(5) as well as the Cookie Policy [link to Cookie Policy].
Third parties used by us will store your data on their system for as long as is necessary in connection with the provision of services for us in accordance with the respective order.
For more details on the storage period, please refer to A.(5) and the Cookie Policy [link to Cookie Policy].

(5) Transfer of personal data to third parties; justification basis.
The following categories of recipients, which are usually order processors (see A.(7)), may receive access to your personal data:

-Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO, insofar as they are not order processors;
-State agencies/authorities, insofar as this is necessary for the fulfillment of a legal obligation. The legal basis for the transfer is then Art. 6 para. 1 p. 1 lit. c DS-GVO;
-Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f DS-GVO.
For the guarantees of an adequate level of data protection in the event of a transfer of data to third countries, see A.(8).
In addition, we will only share your personal data with third parties if you have given your express consent to do so in accordance with Art. 6 para. 1 p. 1 lit. a DS-GVO.

(6) Use of cookies, plugins and other services on our website

a) Cookie
We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic string of characters, and through which certain information flows to the body that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer as a whole more user-friendly and effective, i.e. more pleasant for you.
Cookies can contain data that make it possible to recognize the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to a specific person. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:

-Technical cookies: these are mandatory to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which web pages you have visited;

-Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;

-Advertising Cookies, Targeting Cookies: these are used to provide the website user with tailored advertising on the website or third party offers and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;

-Sharing cookies: these are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.

Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your explicit and active consent pursuant to Art. 6 (1) p. 1 lit. a DS-GVO. This applies in particular to the use of advertising, targeting or sharing cookies. In addition, we will only share your personal data processed through cookies with third parties if you have given your explicit consent to do so pursuant to Art. 6 (1) p. 1 lit. a DS-GVO.

b) Cookie Policy
For more information about which cookies we use and how you can manage your cookie settings and disable certain types of tracking, please see our Cookie Policy [link to Cookie Policy].

c) Social media plugins
We do not use social media plugins on our websites. Insofar as our websites contain icons of social media providers (e.g. [name of social media providers with icons on the company's website]), we only use these for passive linking to the pages of the respective providers.