Data Protection Notice of SUNSTAR Europe SA

Last updated on February 1st 2022

The following information in this Data Protection Notice is intended to provide you with information on the collection and processing of your personal data by SUNSTAR Europe SA (“SUNSTAR”, “we” or “us”), and your rights under data protection law. Which data is processed will vary depending upon the requested or agreed upon services. At the end of this Notice you will also find a section which describes the cookies and technologies used on our website and your choices regarding these.

In some instances, for example when you are dealing directly with another SUNSTAR entity these will collect and process your data and act as controllers in the fulfilment of their services to you. For more detail on this processing please consult the Data Protection Notice of the relevant SUNSTAR entity.

Contact details

Should you have any notes, comments, or questions regarding this Notice or the processing of your personal data, please contact us at:

SUNSTAR Europe SA
Route de Pallatex 15
1163 Etoy
Switzerland

privacy@ch.sunstar.com

 

EU Representative in accordance with Article 27 GDPR

SUNSTAR Deutschland GmbH
Aiterfeld 1
79677 Schönau im Schwarzwald
Germany

 

Categories of Personal Data

Generally, no personal data must be provided to us unless it is required in the individual case to fulfil a contract, enable communication or for technical purposes. All online forms will specify the personal data required to carry out the contract or specific action requested.

We process your personal data which we have received directly from you as part of our business relationship with you. In addition to data that we receive directly from you, we also obtain and process data about you which is available in the public domain or that was provided to us by other companies within the SUNSTAR Group or by third parties, in order to properly and adequately fulfil our regulatory and contractual obligations as well as to improve, expand and market our service offering. These third parties include event service providers which either collect your information in our name or supply us with your personal data in the context of an event.

The following categories of personal data are processed:

• personal details and contact data (name, address, phone, age, further contact details);
• order data (e.g. payment, shipment, special requirements);
• data stemming from the fulfilment of our contractual obligations;
• advertising and sales data (including cookies, preferences, sales history);
• record-keeping data (e.g. minutes of consultation, call logs, complaints)
• other data related or comparable to the above categories (e.g. Email, communication data).

Purposes of Processing and Legal Basis

For the fulfilment of contractual obligations

Your data will be processed to provide you with products (including via online sales platforms such as Amazon) and related ancillary services as part of entering and executing our contracts with you. The exact nature and purpose of data processing are based primarily on the specific product or service requested.

For the fulfilment of SUNSTAR and of third-party interests

In order to safeguard our legitimate interests and those of third parties, we also process your personal data for the following purposes:

• to manage risks within SUNSTAR;
• to assert legal claims and enable defence in legal disputes;
• to prevent violations of the law;
• to ensure IT security and IT operations;
• to take measures to ensure the security of buildings and systems (e.g. entry controls); and
• to take measures for business management purposes and for the development and marketing of services and products;
• to provide tailored customer service

Our legitimate interests in these circumstances are the reduction and management of risk, enforcement of our rights, implementation of efficient business processes and the improvement, marketing and sale of our products and services.

On the basis of your consent

Provided your consent has been given, we are permitted to process your personal data for the purposes which you consented to. You can withdraw this consent at any time. Please note that the withdrawal of consent has no retroactive effect on the previous use of your personal data.

Applicable law generally requires consent for sending you newsletters. This consent can be withdrawn at any time by clicking the unsubscribe link at the bottom of every newsletter or by contacting us under the above-mentioned contact details.

On the basis of statutory requirements, public or vital interest

We are subject to various national and international regulatory obligations under which we are required by law to carry out certain processing operations. Additionally, we may process your personal data in exceptional circumstances when processing is necessary in order to protect your vital interests or those of another person. Additionally, we may process your personal data if this is necessary for the performance of a task carried out in the public interest.

Categories of Processors

Data Protection is of utmost importance to SUNSTAR. Your personal data can only be accessed by persons within SUNSTAR who need this access to adequately and appropriately fulfil SUNSTAR's legal and contractual obligations and provide the requested product or services. In this context your data will be processed for the same purpose by service providers and subcontractors instructed by us, while fulfilling the relevant data protection prerequisites and our instructions. Such companies provide services including IT, communication, and advisory, as well as distribution and marketing services. Each of these processors has been carefully chosen and data processing agreements have been entered between SUNSTAR and the data processors which contain the required technical and organizational measures and meet the applicable data protection requirements.

These processors include:

• CRM and CMS Providers
• Newsletter Service Providers
• Design and Marketing Agencies
• Server, Storage and other IT/Telecommunication Providers
• Event Management Service Providers
• Shipment and Fulfilment Service Providers
• Accounting and Finance Service Providers

Transfers of Personal Data

If you are based in the European Union we only transfer your personal data outside of these jurisdictions in accordance with the requirements set out by the GDPR.

The transfer of personal data outside of the EU is only allowed under certain conditions (Chapter 5 GDPR). Primarily, the processing of data must be lawful in the respective country where the data is being processed. Furthermore, a transfer of data may only take place if the recipient ensures an adequate level of protection. This determination is based on the list of countries providing an adequate level of protection released and periodically adapted by the European Commission (Art. 45 GDPR), as well as on appropriate safeguards (Art. 46 GDPR), binding corporate rules (Art. 47 GDPR), or the codes of conduct (Art. 40 GDPR) and certification procedures. Before transferring your personal data SUNSTAR will ensure that one of these prerequisites are fulfilled to provide an adequate level of protection. If you have any questions related to such transfers please contact us at the details provided above for more information.

Information collected via cookies is primarily processed within the European Union (EU). In case of Adobe, Google, Facebook, Linkedin and PriceSpider, your data is processed in the USA. The USA is assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. In particular, there is a risk that your data may be processed by US authorities for control and monitoring purposes, possibly even without the possibility of redress. If you decline these cookies, the transmission described above will not take place. By agreeing to cookies from above mentioned US service providers you consent in accordance with Art. 49 Para. 1 Cl. 1 lit. a GDPR that your data is processed in the USA. Before transferring your personal data SUNSTAR will take appropriate additional security measures such as contracts based on the EU standard contractual clauses to provide an adequate level of protection. If you have any questions related to such transfers please contact us at the details provided above for more information.

Duration of Storage

We collect and process your personal data only as long as it is required in order for us to fulfil any relevant legal or contractual obligations or legitimate business purposes.

Should the data no longer be necessary for the purposes for which it was collected, we are obligated to erase it, unless further processing of this data, which is limited in time, is required in order to comply with retention periods prescribed by law.

In Switzerland, your contract data will generally be stored for 10 years from the date of its creation if it falls under the business document retention requirements of the Swiss Law of Obligations. Cookies and other website related data are processed for a much shorter period. More details can be found in the cookie and technologies section below.

Your Rights

In certain circumstances, you have the following rights relating to your personal data (Articles 13 to 22 GDPR):

• To request access to your personal data as well as information on the data processing in accordance with Article 15 GDPR. This includes enabling you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully.
• To request correction (rectification) of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• To request erasure of your personal data. This enables you to ask us to delete or remove personal data in certain circumstances. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
• To object to processing of your personal data where we are relying on the public interest or our legitimate interests (or those of a third party). If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate reasons for processing that outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend legal claims. If your personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing. If you object, your personal data will no longer be used for the purpose of direct marketing.
• To request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you: for example, if you want us to establish its accuracy or that it is being properly used by us. The right to restrict processing exists in the following cases:
  • If you dispute the accuracy of your personal data stored with us, we usually need time to verify this. For the duration of the review, you have the right to request that we limit the processing of your personal data.
  • If the processing of your personal data was/is unlawful, you can demand the restriction of the data processing instead of deletion.
  • If we no longer need your personal data, but you do need it to exercise, defend or assert legal claims, you have the right to demand restriction of the processing of your personal data instead of deletion.
  • If you have lodged an objection in accordance with Art. 21 Paragraph 1 DSGVO, a balance must be struck between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to demand the restriction of the processing of your personal data.
  • If you have restricted the processing of your personal data, such data, apart from being stored, may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the European Union or a Member State.

• To request the transfer of your personal data to another party where we process it based on your consent or process it by automated means. If you request the direct transfer of the data to another party, this will only take place if it is technically feasible.
• To withdraw any consent, you have given to allow us to send marketing communications to you or collect or use your personal data in any other way.

In the case of infringements of the GDPR, you have a right of appeal to a supervisory authority, in particular in the Member State of your residence, place of work or place of the suspected infringement (Art. 77 GDPR). This right of appeal is without prejudice to other administrative or judicial remedies.

Please note that exercising some of these rights may mean that we are unable to provide our services to you because it is information that is essential to us being able to do so. In other cases, it may mean that we are providing services based on incomplete information, which may mean that those services will not meet your needs.

SUNSTAR Europe SA does not carry out automated decision as set out in Article 22 GDPR.

Newsletter/Marketing Emails

Regardless of the type of contact, we use your e-mail address solely for our own advertising purposes. Processing of personal data in the context of sending marketing emails to potential customers is based on Art. 6 (1) lit. a GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out until your revocation of the consent. You can unsubscribe from marketing emails at any time using the corresponding link in the email or by notifying us. Your e-mail address will then be removed from the mailing list.

If you register for marketing emails, we will electronically record and store the personal data you provide us. The purpose of this processing is initially the implementation of the so-called double-opt-in procedure, with which you can agree to the regular reception of marketing e-mails. This means that after submitting your data and information, we will send you an e-mail to the e-mail address you have provided and ask you in this e-mail for confirmation that you wish to receive the marketing emails. If there is no confirmation of your registration, your data will be deleted.

After your confirmation we will store your IP address and the time of the confirmation. The purpose of this procedure is to prove your registration for the marketing e-mails and, if necessary, to detect and prevent possible misuse of your personal data. The legal basis for this processing is our legal obligation to document consent.

Existing Customers

After the purchase of goods or services, we may send you marketing emails for similar products and services. This data processing is based on our legitimate interest to advertise our products and services (Art. 6 (1) lit. f GDPR).

Newsletter Analytics

SUNSTAR uses so-called newsletter tracking in its marketing emails. Recipient reactions (opening a mailing, clicking on text and image links, downloading images with an e-mail program) are recorded and stored

The purpose of this processing is to improve the quality of the emails and to optimize our offers. The legal basis for processing is our legitimate interest under Art. 6 (1) lit. f GDPR in ensuring only relevant information is provided to recipients and non-interested recipients can be deleted from the list.

This tracking will not occur if you have disabled the display of images by default in your e-mail program. In this case the newsletter will not be displayed completely, and you may not be able to use all the features. As soon as you have the pictures displayed, the just described tracking is activated.

Withdrawing consent or objection

You can object or withdraw consent to this processing of personal data and unsubscribe from our direct marketing emails at any time by sending an email with your unsubscribe request to privacy@ch.sunstar.com or by clicking on the unsubscribe link which is contained at the bottom of every marketing email.

Amazon Ordering

In order to fulfil our contractual obligations towards our customers, we use external shipping partners and other service providers. We provide your name as well as your delivery address exclusively for the purpose of the delivery of goods Art. 6 (1) lit. b GDPR to a shipping partner selected by us.

Note to Amazon Privacy Notice

You have already been informed in the data protection notice provided by Amazon about the collection and storage of your personal data and the type and purpose of its use. Any required consent to this processing was obtained by Amazon in the course of your registration. We do not collect any further personal data from you beyond the personal data provided by Amazon. Amazon transmits your personal data to us for the purpose of performing the contract. This personal data transmitted to us by Amazon is stored and processed by us under this Data Protection Notice.

The Amazon platform is responsible for all further data processing on its platform that goes beyond the data processing described in this Data Protection Notice including the payment methods provided on the Amazon Website. For more information about Amazon's data processing, see Amazon's Privacy Notice: www.amazon.de/gp/help/customer/display.html?ie=UTF8&nodeId=201909010&ref_=footer_privacy

Version & General Remarks

We reserve the right to make changes to this Data Protection Notice at any time. The current version of this document applies.

This Data Protection Notice is in effect since 01.12.2020.

Cookies and Website Technologies

In order to provide the services on our website and market our offering we use several cookies and other technologies. These are described hereafter in detail and, where applicable, opt-out options are provided.