The following text has been machine translated. The original text in German applies.
Privacy Policy
With this Privacy Policy, we provide information about the processing of personal data in connection with our activities and operations, including our website under the domain name semicomatcalc.com. In particular, we explain which personal data we process, for what purpose, in what way and where. We also provide information about the rights of individuals whose data we process.
We have drafted this Privacy Policy in German. If it is published in another language, the German-language Privacy Policy shall remain authoritative.
We may publish additional privacy policies or other information on data protection for individual or additional activities and operations.
We are subject to Swiss law and, where applicable, foreign law, in particular that of the European Union (EU), including the European Union’s General Data Protection Regulation (GDPR).
In its Decision of 26 July 2000, the European Commission recognised that Swiss data protection law ensures an adequate level of data protection. In its report of 15 January 2024, the European Commission confirmed this adequacy decision.
1. Contact Addresses
The entity responsible in terms of data protection law is:
SemicoMatCalc GmbH
Lettenstrasse 32
8114 Dänikon
Switzerland
In individual cases, third parties may be responsible for processing personal data, or joint responsibility with third parties may exist. Upon request, we will gladly provide data subjects with information about the respective responsibilities.
Data Protection Representation in the European Economic Area (EEA)
We have the following data protection representative in accordance with Art. 27 GDPR:
VGS Datenschutzpartner GmbH
Am Kaiserkai 69
20457 Hamburg
Germany
The data protection representative serves as an additional point of contact for data subjects and authorities in the European Union (EU) and in the rest of the European Economic Area (EEA) for enquiries relating to the GDPR.
2. Terms and Legal Bases
2.1 Terms
Data subject: A natural person whose personal data we process.
Personal data: All information relating to an identified or identifiable natural person.
Particularly sensitive personal data: Data concerning trade union, political, religious or philosophical beliefs and activities; data concerning health, private life or affiliation with an ethnic group or race; genetic data; biometric data that uniquely identify a natural person; data concerning criminal and administrative sanctions or prosecutions; and data concerning measures of social assistance.
Processing: Any handling of personal data, regardless of the means and procedures used, such as querying, comparing, adapting, archiving, storing, reading, disclosing, obtaining, recording, collecting, deleting, revealing, arranging, organising, saving, modifying, disseminating, 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.
2.2 Legal Bases
We process personal data in accordance with Swiss law, in particular the Federal Act on Data Protection (Data Protection Act, DPA) and the Data Protection Ordinance (DPO).
Where and to the extent that the European General Data Protection Regulation (GDPR) applies, we process personal data in accordance with at least one of the following legal bases:
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Art. 6(1)(b) GDPR for the processing of personal data necessary for the performance of a contract with the data subject and for the implementation of pre-contractual measures.
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Art. 6(1)(f) GDPR for the processing of personal data necessary to safeguard legitimate interests — including the legitimate interests of third parties — unless the fundamental freedoms and rights and the interests of the data subject override those interests. Such interests include, in particular, the lasting, people-friendly, secure and reliable conduct of our activities and operations, ensuring information security, protection against misuse, enforcement of our own legal claims and compliance with Swiss law.
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Art. 6(1)(c) GDPR for the processing of personal data necessary to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
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Art. 6(1)(e) GDPR for the processing of personal data necessary for the performance of a task carried out in the public interest.
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Art. 6(1)(a) GDPR for the processing of personal data with the consent of the data subject.
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Art. 6(1)(d) GDPR for the processing of personal data necessary to protect the vital interests of the data subject or another natural person.
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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) refers to the processing of personal data as the processing of personal data and to the processing of particularly sensitive personal data as the processing of special categories of personal data (Art. 9 GDPR).
3. Nature, scope and purpose of the processing of personal data
We process the personal data necessary to enable us to carry out our activities and operations in a lasting, 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, metadata, usage data, master data, including inventory and contact data, location data, transaction data, contract data and payment data. The personal data may also constitute particularly sensitive personal data.
We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of carrying out our activities and operations, insofar as such processing is permitted.
Where necessary, we process personal data with the consent of the data subjects. In many cases, we may process personal data without consent, for example to fulfil legal obligations or safeguard overriding interests. We may also ask data subjects for their consent when their consent is not required.
We process personal data for the period necessary for the relevant purpose. We anonymise or delete personal data in particular depending on 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 or personal preferences.
In individual cases, we provide information about decisions based solely on automated processing of personal data that produce legal effects concerning data subjects or significantly affect them (automated individual decision-making).
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 include, for example, specialised providers whose services we use. These third parties may in turn disclose personal data to other third parties.
In the course 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 lawyers, accounting and fiduciary service providers, debt collection agencies, interest groups, IT service providers, cooperation partners, credit reference and business information agencies, logistics and shipping companies, marketing and advertising agencies, media organisations, parent, sister and subsidiary companies, organisations and associations, social services, telecommunications companies, insurers and payment service providers.
6. Communication
We process personal data to communicate with individuals as well as with authorities, organisations and companies. In particular, we process data that a data subject provides to us when contacting us, for example by postal mail or email. We may store such data in an address book or using comparable tools.
Third parties that provide us with data about other people are legally obliged to ensure the data protection of those data subjects independently. In particular, they must ensure that they are permitted to provide such data and also guarantee the accuracy of the data provided.
We use selected services from suitable providers to enable and improve communication with individuals and other communication partners. We may also use such services to manage and otherwise process data of data subjects beyond direct communication, for example in connection with orders, services, projects and resource planning.
In particular, we use:
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Wix CRM: Customer relationship management (CRM); provider: Wix; information specific to Wix CRM: “What is customer relationship management (CRM)?”.
7. Data Security
We take appropriate technical and organisational measures to ensure data security commensurate with the relevant risk. In particular, our measures ensure the confidentiality, availability, traceability and integrity of the personal data processed, although we cannot guarantee absolute data security.
Access to our website and our other digital presence is provided using transport encryption (SSL / TLS, in particular the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn users before visiting a website that does not use transport encryption.
Our digital communications are subject — as is generally 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 corresponding processing of personal data by intelligence services, police authorities and other security authorities. We also cannot rule out the possibility that a data subject may be specifically monitored.
8. Personal Data Abroad
We process personal data generally in Switzerland and the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular for processing there or to have it processed there.
We may export personal data to all countries on Earth and elsewhere in the universe, provided that the law there ensures an adequate level of data protection in accordance with the decision of the Swiss Federal Council and — where and to the extent that the General Data Protection Regulation (GDPR) applies — also in accordance with the decision of the European Commission.
We may transfer personal data to countries whose laws do not ensure an adequate level of data protection if 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 for doing so are met, for example the explicit consent of the data subjects or a direct connection with the conclusion or performance of a contract. Upon request, we will gladly provide data subjects with information about any safeguards or provide a copy of any safeguards.
9. Rights of Affected Persons
9.1 Data Protection Claims
We grant data subjects all claims provided for under applicable law. In particular, data subjects have the following rights:
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Access: Data subjects may request information as to whether we process personal data concerning them and, if so, which personal data. Data subjects also receive the information necessary to exercise their data protection rights and ensure transparency. This includes the personal data itself, as well as information about the purpose of processing, the retention period, any disclosure or export of data to other countries, and the origin of the personal data.
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Rectification and restriction: Data subjects may have inaccurate personal data rectified, incomplete data completed and the processing of their data restricted.
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Opportunity to state their point of view and human review: In the case of decisions based solely on automated processing of personal data that produce legal effects concerning them or significantly affect them (automated individual decision-making), data subjects may state their point of view and request review by a human.
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Erasure and objection: Data subjects may have personal data erased (“right to be forgotten”) and object to the processing of their data with effect for the future.
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Data disclosure and data portability: 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 to the extent permitted by law. We may inform data subjects of any requirements that must be met to exercise their data protection claims. For example, we may refuse access in whole or in part by reference to confidentiality obligations, overriding interests or the protection of other people. We may also refuse the erasure of personal data in whole or in part, in particular by reference to statutory retention obligations.
In exceptional cases, we may charge a fee for exercising these rights. We will inform data subjects in advance of any applicable fees.
We are obliged to identify data subjects who request access or exercise other rights using appropriate measures. Data subjects are obliged to cooperate.
9.2 Legal Protection
Data subjects have the right to enforce their data protection claims through legal proceedings or to file a report or 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 of the European Economic Area (EEA), data protection supervisory authorities have a federal structure, particularly in Germany.
10. Use of the Website
10.1 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 stored in the browser. Such stored data need not be limited to traditional text-based cookies.
Cookies may be stored temporarily in the browser as “session cookies” or for a specific period as so-called persistent cookies. “Session cookies” are automatically deleted when the browser is closed. Persistent cookies have a specific storage period. Cookies enable a browser to be recognised when it next visits our website and thereby, for example, allow us to measure the reach of our website. Persistent cookies may also be used for online marketing, for example.
Cookies can be wholly or partially disabled, restricted or deleted at any time in the browser settings. Browser settings often also allow cookies to be deleted automatically and otherwise managed. Without cookies, our website may no longer be fully available. We actively request explicit consent to the use of cookies, at least where and to the extent required by applicable law.
For cookies used to measure performance and reach or for advertising, a general objection (“opt-out”) is possible for many services via 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).
10.2 Logging
For each access to our website and our other digital presence, we may log at least the following information, provided it is routinely determined or 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 the amount of data transferred; and the website most recently accessed in the same browser window (referer or referrer).
We record such information, which may also constitute personal data, in log files. The information is necessary to make our digital presence available in a lasting, people-friendly and reliable manner. The information is also necessary to ensure data security, including by or with the assistance of third parties.
10.3 Tracking Pixels
We may integrate tracking pixels into our digital presence. Tracking pixels are also known as web beacons. Tracking pixels — including those of third parties whose services we use — are usually small, invisible images or scripts written in JavaScript that are automatically retrieved when our digital presence is accessed. Tracking pixels can collect at least the same information as logging in log files.
11. Social Media
We maintain a presence on social media platforms and other online platforms to communicate with interested individuals and provide information about our activities and operations. 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 privacy policies and other provisions of the respective platform operators, also apply. These provisions provide information in particular about the rights of data subjects directly vis-à-vis the respective platform, such as the right of access.
Users of social media platforms have the option of logging in to or registering for our online offering using their corresponding user account (“Social Login”). The respective terms of the social media platforms concerned apply.
12. Services from Third Parties
We use services from specialised third parties to enable us to carry out our activities and operations in a lasting, people-friendly, secure and reliable manner. Among other things, these services allow us to embed functions and content in our website. When such content is embedded, the services used collect at least temporarily the IP addresses of users for technically necessary reasons.
For necessary security-related, statistical and technical purposes, third parties whose services we use may process data relating to our activities and operations in aggregated, anonymised or pseudonymised form. This may include, for example, performance or usage data needed to provide the relevant service.
In particular, we use:
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Microsoft services: Providers: Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), Switzerland and the United Kingdom / Microsoft Corporation (USA) for users in the rest of the world; general information on data protection: “Privacy at Microsoft”, “Privacy and data protection”, Privacy Statement, “Data and privacy settings”.
12.1 Digital Infrastructure
We use services from specialised third parties to access 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:
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Wix: Website builder and other digital infrastructure; provider: Wix.com Ltd. (Israel); information on data protection: Privacy Policy, “All about privacy and security”, “Wix Help Centre ‘Privacy’”, Cookie Policy.
12.2 Online Collaboration
We use third-party services to enable online collaboration. In addition to this Privacy Policy, any terms directly available for the services used, such as terms of use or privacy policies, also apply.
In particular, we use:
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Microsoft Teams: Platform for productive collaboration, in particular with audio and video conferences; provider: Microsoft; information specific to Teams: “Security and compliance in Microsoft Teams”, in particular “Privacy”.
12.3 E-Commerce
We operate in e-commerce and use third-party services to offer services, content or goods successfully.
In particular, we use:
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Wix eCommerce: E-commerce platform; provider: Wix; information specific to Wix eCommerce: “Wix eCommerce features”, “Wix Stores”, “Selling with Wix”.
12.4 Payments
We use specialised service providers to process payments securely and reliably. The legal texts of the individual service providers, such as general terms and conditions (GTC) or privacy policies, also apply to payment processing.
In particular, we use:
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PayPal (including Braintree): Payment processing; providers: PayPal (Europe) S.à r.l. et Cie, S.C.A. (Luxembourg) / PayPal Pte. Ltd. (Singapore); information on data protection: Privacy Statement, “Statement on cookies and tracking technologies”.
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Wix Payments: Processing of online payments; provider: Wix; information specific to Wix Payments: “About Wix Payments”.
12.5 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.
We use such advertising in particular to reach people who are already interested, or may be interested, in our activities and operations (remarketing and targeting). For this purpose, we may transmit relevant information — which may also include personal data — to third parties that enable such advertising. We may also determine whether our advertising is successful, in particular 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 be able to associate your use of our website with your profile there.
In particular, we use:
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LinkedIn Ads: Social media advertising; providers: LinkedIn Corporation (USA) / LinkedIn Ireland Unlimited Company (Ireland); information on data protection: remarketing and targeting, in particular using the LinkedIn Insight Tag, “Privacy”, Privacy Policy, Cookie Policy, Opt out of personalised advertising.
13. Performance and Reach Measurement
We seek to measure the success and reach of our activities and operations. In this context, we may also measure the impact of third-party notices or examine how different parts or versions of our digital presence are used (the “A/B testing” method). Based on the results of performance and reach measurement, we may in particular correct errors, promote popular content or make improvements.
In most cases, IP addresses of individual users are collected for performance and reach measurement. In this case, IP addresses are generally shortened (“IP masking”) in order to follow the principle of data minimisation through the corresponding pseudonymisation.
Cookies may be used and user profiles created as part of performance and reach measurement. 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 — at least approximate — location. Generally, any user profiles are created exclusively in pseudonymised form and are not used to identify individual users. Individual third-party services with which users are registered may be able to associate use of our online offering with the user account or profile held with the respective service.
14. Final Notes on the Privacy Policy
We may update this Privacy Policy at any time. We will inform users of updates by publishing the current version of the Privacy Policy on our website.
