[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.
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").
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
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).
order to find the parts that are relevant for you, please refer to the
following overview for the subdivision of the data protection information:
the example of Art. 4 DS-GVO, this data protection notice is based on the
"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).
(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.
(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.
Name and address of the controller.
controller of your personal data within the meaning of Article 4 No. 7 DS-GVO
rue Aristide Bergès 31270 Cugnaux - France
Tel: +33 (0) 820 202 268
E-mail: [email protected]
further information about our company, please refer to the imprint details on
our website [link to imprint].
Contact details of the data protection officer (? - is there a DS officer?)
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:
Legal basis for data processing
law, any processing of personal data is in principle prohibited and only
permitted if the data processing falls under one of the following
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
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).
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
(5) Data erasure and storage period
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).
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.
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.
will be happy to provide you with more detailed information on request. Please
contact our data protection officer (see under A.(3)).
Cooperation with processors
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.
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.
Conditions for the transfer of personal data to third countries
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.
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
No automated decision making (including profiling).
do not intend to use any personal data collected from you for any automated
decision making process (including profiling).
No obligation to provide personal data.
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.
Legal obligation to transmit certain data
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).
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:
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;
accordance with Art. 16 DS-GVO, to demand the correction of incorrect or the
completion of your data stored by us without delay;
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;
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
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");
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.
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
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].
Changes to data protection information
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
Explanation of function
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.
Processed personal data6
the informational use of the Websites, the following categories of personal
data are collected, stored and processed by us:
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:
page from which the page was requested (so-called referrer URL)
name and URL of the requested page
date and time of the request
description of the type, language and version of the web browser used
IP address of the requesting computer, which is shortened in such a way that a
personal reference can no longer be established
amount of data transferred
message whether the call was successful (access status/ttp status code)
GMT time zone difference
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).
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":
page from which the page was requested (so-called referrer URL)
date and time of the request
description of the type of web browser used
IP address of the requesting computer, which is shortened in such a way that it
is no longer possible to establish a personal reference
date and time of registration and confirmation
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
Purpose and legal basis of data processing
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.
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).
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).
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
Duration of data processing
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
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.
Transfer of personal data to third parties; justification basis.
following categories of recipients, which are usually order processors (see
A.(7)), may receive access to your personal data:
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;
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;
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.
the guarantees of an adequate level of data protection in the event of a
transfer of data to third countries, see A.(8).
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.
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.
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.
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
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;
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
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;
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
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
more information about which cookies we use and how you can manage your cookie
Social media plugins
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.