Data protection

Data Protection Statement (DPS) of TMR Triangle Micro Research AG (TMR)

Version from 28.08.2023

This document has been automatically translated form the german version available on www.tmr.ch. In any case the german version takes precedence.

In this privacy statement, TMR Triangle Micro Research AG explains how personal data is collected and processed. and otherwise. The present DSE is not an exhaustive description. In particular, additional DSE regulate the specific factual content of products or services. Personal data means all information that relates to a specific or identifiable person.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are aware of this privacy policy and only share their personal data with us if you are allowed to do so and if this personal data is correct.

This Privacy Policy is designed to comply with the requirements of the EU General Data Protection Regulation ("GDPR"), the Swiss Data Protection Act ("DPA") and the revised Swiss Data Protection Act ("revDPA"). However, whether and to what extent these laws are applicable depends on the individual case.

Person responsible / data protection officer / representative

TMR Triangle Micro Research AG, Ribigasse 3, 4434 Hölstein, is responsible for the data processing we carry out here. If you have any data protection concerns, you can send them to us at the following contact address: TMR Triangle Micro Research AG, Ribigasse 3, 4434 Hölstein, info@tmr.ch

You can contact our data protection officer in accordance with Art. 37 DSGVO at TMR Triangle Micro Research AG, Ribigasse 3, 4434 Hölstein, info@tmr.ch.

Collection and processing of personal data

TMR primarily processes the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from their users in the operation of our websites, apps and other applications.

To the extent permitted, we also take certain data from publicly accessible sources (e.g. debt enforcement registers, land registers, commercial registers, press, Internet) or receive such data from other companies if this is necessary for the processing of the order, from authorities and other third parties (such as [credit agencies,] [address dealers]). In addition to the information, you provide to us directly, the categories of personal information we receive about you from third parties include, but are not limited to, information from public registers, information we obtain in connection with governmental and legal proceedings, information relating to your professional functions and activities (e.g. so that we can, with your assistance, enter into transactions with your employer), and information we obtain about you from third parties. (e.g. so that we can conclude and process transactions with your employer with your help), information about you in correspondence and discussions with third parties, creditworthiness information (insofar as we process transactions with you personally), information about you which is given to us by persons close to you (family, advisors, legal representatives, etc.) so that we can conclude or process contracts with you or with the involvement of you. (e.g. references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), information from the media and Internet about you (where this is appropriate in the specific case, e.g. as part of an application, press review, branding/sales, etc.). Your addresses and, if applicable, interests and other sociodemographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location details).

Purposes of data processing and legal basis

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular within the framework of the WinMed and medForms products with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this capacity.

In addition, we process personal data of you and other persons, to the extent permitted and deemed appropriate, also for the following purposes, in which we (and sometimes also third parties) have a legitimate interest corresponding to the purpose:

  • Offer and further develop our offers, services and websites, apps and other platforms on which we are present;
  • Communication with third parties and processing of their enquiries (e.g. applications, media enquiries);
  • Examination and optimisation of procedures for needs analysis for the purpose of direct customer contact as well as collection of personal data from publicly accessible sources for the purpose of customer acquisition;
  • Advertising and marketing (including the organisation of events), insofar as you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time; we will then put you on a blocking list against further advertising mailings);
  • Market and opinion research, media monitoring;
  • Assertion of legal claims and defence in connection with legal disputes and official proceedings;
  • Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
  • Guarantees of our operations, in particular IT, our websites, apps and other platforms;
  • Video surveillance to maintain house rules and other measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone recordings);
  • The purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and, insofar as necessary, for compliance with legal and regulatory obligations as well as internal regulations of TMR.

If you have given us consent to process your personal data for certain purposes (for example, when you register to receive newsletters or carry out a background check), we process your personal data within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

Cookies / tracking and other technologies related to the use of our website

We typically use "cookies" and similar technology on our websites and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website. This allows us to recognise you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ("permanent cookies"). However, you can set your browser to reject cookies, to save them for one session only or to delete them prematurely. Most browsers are preset to accept cookies. Some of the cookies are set by us and some are set by contractors with whom we work. If you block cookies, it is possible that certain functionalities (e.g. language selection, shopping cart, ordering processes) will no longer work.

We also include visible and invisible image elements in some of our newsletters and other marketing emails, where permitted, which we retrieve from our servers to determine if and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you. You can block this in your email program; most are preset to do so.

By using our websites and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do so, you must set your browser or email programme accordingly. We sometimes use Google Analytics or similar services on our websites. This is a service provided by a third party, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as an order processor (both "Google"), www.google.com), which enables us to measure and evaluate the use of the website (on a nonpersonal basis). Permanent cookies set by the service provider are also used for this purpose. We have configured the service in such a way that the IP addresses of visitors are shortened by Google in Europe before being forwarded to the USA and thus cannot be traced back. We have turned off the "data sharing" and "signals" settings. Although we can assume that the information, we share with Google is not personal data for Google, it is possible that Google can draw conclusions about the identity of visitors from this data for its own purposes, create personal profiles and link this data to the Google accounts of these individuals. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider then takes place under the responsibility of the service provider in accordance with its data protection regulations. The service provider only informs us how our respective website is used (no information about you personally).

We also use so-called plugins from social networks such as Facebook, Twitter, YouTube, Pinterest or Instagram on our websites. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with their data protection regulations. We do not receive any information about you from them.

Data transfer and data transmission abroad

Within the scope of our business activities and the purposes set out in section 3, we also disclose data to third parties, insofar as this is permitted and appears to us to be appropriate, either because they process it for us or because they want to use it for their own purposes. This concerns the following bodies in particular:

  • Our internal and external service providers, e.g. banks, insurance companies, including order processors (e.g. IT providers);
  • Dealers, suppliers, subcontractors and other business partners;
  • Customers;
  • domestic and foreign authorities, official agencies or courts;
  • Media;
  • public, including visitors to websites and social media;
  • Competitors, industry organisations, associations, organisations and other bodies;
  • Acquirers or parties interested in acquiring divisions, companies or other parts of TMR;
  • other parties in potential or actual legal proceedings;
  • all recipients together.

These recipients are primarily domestic.

If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be accessed here: https://eurlex.europa.eu/eli/dec_impl/2021/914/oj?), insofar as the recipient is not already subject to a legally recognised set of rules to ensure data protection and we cannot rely on an exemption provision. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have consented or if it is a matter of data that you have made generally accessible and you have not objected to its processing.

Duration of retention of personal data

We process and store your personal data as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the abovementioned purposes, it will be deleted or made anonymous as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.

Data security

We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse, such as issuing instructions, training, IT and network security solutions, encryption of data carriers and transmissions, pseudonymisation, controls.

Duty to provide personal data

In the context of our business relationship, you must provide the personal data that is necessary for the establishment and implementation of a business relationship and the fulfilment of the associated contractual obligations (you do not generally have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website cannot be used if certain traffic-securing information (such as IP address) is not disclosed.

Profiling and automated decision-making

We process your personal data partly automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to be able to inform and advise you about products in a targeted manner. In doing so, we use evaluation instruments that enable us to provide needs based communication and advertising, including market and opinion research.

For the establishment and implementation of the business relationship and also otherwise, we do not use any fully automated decision-making (as regulated in Art. 22 DSGVO). Should we use such procedures in individual cases, we will inform you separately, insofar as this is required by law, and inform you of the associated rights.

Rights of the data subject

Within the framework of the data protection law applicable to you and insofar as provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restriction of data processing and otherwise the right to object to our data processing, in particular that for the purposes of direct marketing, profiling operated for direct advertising and other legitimate interests in processing, as well as to the surrender of certain personal data for the purpose of transfer to another body (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are entitled to rely on this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or costs. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of your identity card where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address given in section 1.

Every data subject also has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html).

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website will apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by email or other suitable means in the event of an update.