Logo LUMEGA

Data protection

With this Privacy Policy, we inform you about the processing of personal data in connection with our activities and operations, including our website under the domain name www.lumega.ch. In particular, we explain for what purposes, how, and where we process which personal data. We also inform you about the rights of individuals whose data we process.

For individual or additional activities and operations, we may publish further privacy policies or other information on data protection.

We are subject to Swiss law and, where applicable, to foreign law such as, in particular, that of the European Union (EU) with the European 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 a report dated 15 January 2024, the European Commission confirmed this adequacy decision.

1. Contact addresses

The controller in the sense of data protection law is:

LUMEGA AG
Kirchweg 13
5415 Nussbaumen/Baden
info@lumega.ch

In individual cases, third parties may be responsible for the processing of personal data, or there may be joint responsibility with third parties. We are happy to provide data subjects with information on the respective responsibility upon request.

Data protection officer or data protection adviser

We have the following data protection officer or data protection adviser as a point of contact for data subjects and authorities with queries related to data protection:

Andreas Lustenberger
Kirchweg 13
5415 Nussbaumen/Baden
info@lumega.ch

2. Terms and legal bases

2.1 Terms

Data subject: A natural person about whom we process personal data.

Personal data: All information relating to an identified or identifiable natural person.

Particularly sensitive personal data: Data concerning trade union, political, religious or ideological views and activities; data relating to health, the intimate sphere or ethnic or racial origin; genetic data; biometric data that uniquely identify a natural person; data on criminal and administrative sanctions or prosecutions; and data on measures of social assistance.

Processing: Any handling of personal data, regardless of the means and procedures used, for example querying, matching, adapting, archiving, retaining, reading, disclosing, obtaining, recording, collecting, deleting, revealing, arranging, organising, storing, altering, distributing, 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, FADP) and the Ordinance to the Federal Act on Data Protection (Data Protection Ordinance, FDPO).

If and to the extent that the European General Data Protection Regulation (GDPR) applies, we process personal data on the basis of at least one of the following legal grounds:

  • Art. 6(1)(b) GDPR for the processing of personal data necessary for the performance of a contract with the data subject and to take steps at the request of the data subject prior to entering into a contract.
  • Art. 6(1)(f) GDPR for the processing of personal data necessary for the purposes of legitimate interests – including those of third parties – except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such interests include, in particular, the continuous, user-friendly, secure and reliable performance of our activities and operations, ensuring information security, protection against misuse, enforcement of our own legal claims, and compliance with Swiss law.
  • Art. 6(1)(c) GDPR for the processing of personal data necessary for compliance with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).
  • Art. 6(1)(e) GDPR for the processing of personal data necessary for the performance of a task carried out in the public interest.
  • Art. 6(1)(a) GDPR for the processing of personal data based on the consent of the data subject.
  • Art. 6(1)(d) GDPR for the processing of personal data necessary to protect the vital interests of the data subject or of another natural person.
  • 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 those personal data that are necessary to perform our activities and operations on an ongoing, user-friendly, secure and reliable basis. The personal data processed may fall, in particular, into the categories of 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 performing our activities and operations, insofar as such processing is permissible.

We process personal data, where required, with the consent of the data subjects. In many cases, we may process personal data without consent, for example to fulfil legal obligations or to safeguard overriding interests. We may also seek consent from data subjects even where their consent is not required.

We process personal data for the period necessary for the respective purpose. We anonymise or delete personal data in particular in accordance with statutory retention and limitation periods.

4. Disclosure of personal data

We may disclose personal data to third parties, have them processed by third parties, or process them jointly with third parties. Such third parties may include, for example, specialised providers whose services we use.

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, interest groups, IT service providers, cooperation partners, credit and business information agencies, logistics and shipping companies, marketing and advertising agencies, media, parent, sister and subsidiary companies, organisations and associations, social institutions, telecommunications companies, insurance companies and payment service providers.

5. Communication

We process personal data in order to communicate with individuals as well as with authorities, organisations and companies. In doing so, we process in particular data that a data subject transmits to us when making contact, for example by letter or e-mail. We may store such data in an address book or comparable tools.

Third parties who transmit data to us about other persons are obliged to ensure the data protection of these data subjects independently. In particular, they must ensure that such data are correct and may be transmitted.

We use selected services from suitable providers to enable and improve communication with individuals and other communication partners. With such services, we may also manage and otherwise process the data of data subjects beyond direct communication.

6. Applications

We process personal data about applicants insofar as it is necessary to assess suitability for an employment relationship or for the subsequent performance of an employment contract. The required personal data result in particular from the information requested, for example in the context of a job advertisement. We may publish job advertisements with the help of suitable third parties, for example in electronic and printed media or on job portals and recruitment platforms.

We also process those personal data that applicants voluntarily provide or publish, in particular as part of cover letters, CVs and other application documents as well as online profiles.

If and to the extent that the General Data Protection Regulation (GDPR) applies, we process personal data about applicants in particular pursuant to Art. 9(2)(b) GDPR.

We use selected services from suitable third parties to advertise positions via e-recruitment and to enable and manage applications.

7. Data security

We take appropriate technical and organisational measures to ensure a level of data security appropriate to the respective risk. With our measures, we ensure in particular the confidentiality, availability, traceability and integrity of the personal data processed, without, however, being able to guarantee absolute data security.

Access to our website and our other digital presence is via transport encryption (SSL / TLS, in particular with Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers warn against visiting a website without transport encryption.

Our digital communication is subject – as basically any digital communication – to mass surveillance without cause or suspicion by security authorities in Switzerland, in the rest of Europe, in the United States of America (USA) and in other countries. We have no direct influence on the corresponding processing of personal data by intelligence services, police bodies and other security authorities. Nor can we rule out that a data subject is specifically monitored.

8. Personal data abroad

We generally process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular to process them there or have them processed there.

We may export personal data to all countries on Earth and elsewhere in the universe, provided that the law there, according to a decision of the Swiss Federal Council and – if and to the extent that the General Data Protection Regulation (GDPR) applies – also according to a decision of the European Commission, ensures an adequate level of data protection.

We may transfer personal data to countries whose law does 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 with other appropriate safeguards. By way of exception, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are fulfilled, for example the explicit consent of the data subjects or a direct connection with the conclusion or performance of a contract. Upon request, we are happy to inform data subjects about any safeguards or provide a copy of any safeguards.

9. Rights of data subjects

9.1 Data protection claims

We grant data subjects all claims in accordance with the applicable law. In particular, data subjects have the following rights:

  • Access: Data subjects can request information on whether we process personal data about them and, if so, which personal data are involved. Data subjects also receive the information necessary to assert their data protection claims and to ensure transparency. This includes the personal data processed as such and, among other things, information on the purpose of processing, the period of storage, any disclosure or transfer of data to other countries, and the origin of the personal data.
  • Rectification and restriction: Data subjects can have incorrect personal data corrected, incomplete data completed, and the processing of their data restricted.
  • Opportunity to state their position and human review: In the case of decisions based solely on automated processing of personal data that have legal effects on them or significantly affect them (automated individual decisions), data subjects can present their own point of view and request a human review.
  • Erasure and objection: Data subjects can have personal data erased (“right to be forgotten”) and object to the processing of their data with effect for the future.
  • Data provision and data portability: Data subjects can request the provision of personal data or the transfer of their data to another controller.

We may postpone, restrict or refuse the exercise of the rights of data subjects to the extent permitted by law. We may point out to data subjects any conditions to be met for exercising their data protection claims. For example, we may refuse to provide information in whole or in part by reference to confidentiality obligations, overriding interests or the protection of other persons. We may, for example, also refuse the erasure of personal data, in particular with reference to statutory retention obligations, in whole or in part.

We may exceptionally provide for costs for the exercise of rights. We inform data subjects of any costs in advance.

We are obliged to identify data subjects who request information or assert other rights by 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 in the European Economic Area (EEA), data protection supervisory authorities have a federal structure, in particular in Germany.

10. Use of the website

10.1 Cookies

We may use cookies. Cookies – our own cookies (first-party cookies) as well as 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-form cookies.

Cookies may be stored in the browser temporarily as “session cookies” or for a certain period as so-called permanent cookies. “Session cookies” are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. Cookies make it possible, in particular, to recognise a browser upon the next visit to our website and thereby, for example, to measure the reach of our website. However, permanent cookies can also be used for online marketing, for example.

Cookies can be deactivated, restricted or deleted at any time in the browser settings, in whole or in part. Browser settings often also enable automated deletion and other management of cookies. Without cookies, our website may no longer be fully available. We actively request – at least if and to the extent required under the applicable law – the explicit consent to the use of cookies.

For cookies used for performance and reach measurement or for advertising, a general objection (“opt-out”) is possible for numerous 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 that it is 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, the specific subpage of our website accessed including the amount of data transferred, the last website visited in the same browser window (referrer).

We log such information, which may also constitute personal data, in log files. The information is necessary to provide our digital presence on an ongoing, user-friendly and reliable basis. The information is also necessary to ensure data security – including by third parties or with the help of third parties.

10.3 Web beacons

We may integrate web beacons into our digital presence. Web beacons are also known as tracking pixels. Web beacons – including those from third parties whose services we use – are usually small, invisible images or JavaScript scripts that are automatically retrieved when our digital presence is accessed. Web beacons can capture at least the same information as logging in log files.

11. Notifications and communications

11.1 Performance and reach measurement

Notifications and communications may contain web links or web beacons that record whether an individual message has been opened and which web links were clicked. Such web links and web beacons may also record the use of notifications and communications on a personal basis. We require this statistical recording of usage for performance and reach measurement, in order to send notifications and communications effectively and user-friendly, and on an ongoing, secure and reliable basis, according to the needs and reading habits of the recipients.

11.2 Consent and objection

As a general rule, you must consent to the use of your e-mail address and your other contact addresses, unless the use is permissible for other legal reasons. For obtaining any double-confirmed consent, we may use the “double opt-in” procedure. In this case, you will receive a message with instructions for the double confirmation. We may log consents obtained, including IP address and timestamp, for evidentiary and security purposes.

As a general rule, you may object at any time to receiving notifications and communications, such as newsletters. With such an objection, you may simultaneously object to the statistical recording of usage for performance and reach measurement. Required notifications and communications related to our activities and operations remain reserved.

11.3 Service providers for notifications and communications

We send notifications and communications with the help of specialised service providers.

In particular, we use:

12. Social media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to inform 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 and terms of use as well as privacy policies and other provisions of the respective platform operators apply. These provisions inform, in particular, about the rights of data subjects directly vis-à-vis the respective platform, including, for example, the right of access.

For our social media presence on Facebook, including so-called Page Insights, we are – if and to the extent that the General Data Protection Regulation (GDPR) applies – jointly responsible with Meta Platforms Ireland Limited (Ireland). Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page Insights provide information on how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook effectively and in a user-friendly way.

Further information on the nature, scope and purpose of data processing, on the rights of data subjects and the contact details of Facebook as well as Facebook’s data protection officer can be found in the Facebook Privacy Policy. We have concluded the so-called “Controller Addendum” with Facebook and have thereby agreed, in particular, that Facebook is responsible for ensuring the rights of data subjects. The corresponding information for Page Insights can be found on the page “Information about Page Insights”, including “Information about Page Insights Data”.

13. Services from third parties

We use services from specialised third parties to perform our activities and operations on an ongoing, user-friendly, secure and reliable basis. With such services, we can, among other things, embed functions and content into our website. For such embedding, the services used capture the IP addresses of users at least temporarily for technical reasons.

For required security-related, statistical and technical purposes, third parties whose services we use may process data related to our activities and operations in aggregated, anonymised or pseudonymised form. This includes, for example, performance or usage data necessary to provide the respective service.

In particular, we use:

13.1 Digital infrastructure

We use services from specialised third parties to obtain the digital infrastructure required for our activities and operations. This includes, for example, hosting and storage services from selected providers.

In particular, we use:

13.2 Scheduling

We use services from specialised third parties to arrange appointments online, for example for meetings. In addition to this privacy policy, any directly visible terms of the services used, such as terms of use or privacy policies, apply.

13.3 Audio and video conferencing

We use specialised services for audio and video conferences to communicate online. This enables us, for example, to hold virtual meetings or conduct online classes and webinars. The legal texts of the individual services, such as privacy policies and terms of use, apply in addition to participation in audio or video conferences.

Depending on your personal situation, we recommend muting your microphone by default and blurring your background or using a virtual background when participating in audio or video conferences.

13.4 Map material

We use services from third parties to embed maps into our website.

In particular, we use:

13.5 Digital content

We use services from specialised third parties to embed digital content into our website. Digital content includes, in particular, images and videos, music and podcasts.

In particular, we use:

13.6 Advertising

We use the option of placing targeted advertising with third parties, such as social media platforms and search engines, for our activities and operations.

With such advertising, we aim in particular to reach people who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit corresponding – possibly also personal – information to third parties that enable such advertising. We can also determine whether our advertising is successful, i.e., 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, where applicable, assign the use of our website to your profile on that platform.

In particular, we use:

14. Website extensions

We use extensions for our website to enable additional functions. We may use selected services from suitable providers or deploy such extensions on our own digital infrastructure.

In particular, we use:

  • Google reCAPTCHA: Spam protection (distinguishing between desired content from humans and unwanted content from bots and spam); provider: Google; Google reCAPTCHA-specific information: “What is reCAPTCHA?”.

15. 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 references or test how different parts or versions of our digital presence are used (“A/B testing” method). Based on the results of performance and reach measurement, we can, in particular, fix errors, strengthen popular content or make improvements.

For performance and reach measurement, the IP addresses of individual users are captured in most cases. In this case, IP addresses are generally truncated (“IP masking”) in order to follow the principle of data minimisation through corresponding pseudonymisation.

Cookies may be used for performance and reach measurement and user profiles may be created. Any user profiles created may include, for example, the specific pages visited or content viewed on our digital presence, information on the size of the screen or browser window and the – at least approximate – location. As a general rule, 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, where applicable, assign the use of our online offering to the user account or user profile for the respective service.

In particular, we use:

16. Video surveillance

We use video surveillance to prevent criminal offences, to secure evidence of criminal offences, to exercise and assert our own legal claims, to defend against third-party legal claims and to exercise our domiciliary rights. In doing so – if and to the extent that the General Data Protection Regulation (GDPR) applies – we rely on overriding legitimate interests pursuant to Art. 6(1)(f) GDPR, and for particularly sensitive personal data with reference to Art. 9(2)(f) GDPR.

We store recordings from our video surveillance for as long as they are necessary for securing evidence or for another stated purpose.

We may preserve recordings from our video surveillance and transmit them to competent bodies such as courts or law enforcement authorities, provided that the transmission is necessary for a stated purpose, in our otherwise legitimate overriding interest, or due to legal obligations.

17. Final notes on this privacy policy

We created this privacy policy using the privacy policy generator from Datenschutzpartner.

We may update this privacy policy at any time. We will provide information on updates in an appropriate form, in particular by publishing the current privacy policy on our website.

LUMEGA Family