business partners of BIG KAISER Switzerland
BIG KAISER Präzisionswerkzeuge AG has set itself the goal of continuously improving its services and the information it provides to its customers and business partners in order to contribute to the business success of both sides. In these times of increasing globalisation, BIG KAISER regularly uses personal data in the context of its business relations. BIG KAISER takes the protection of your personal data very seriously and observes the statutory regulations regarding data protection. BIG KAISER has therefore decided to provide the following information to offer you an overview of how your personal data is processed by BIG KAISER as well as of your data protection rights. We kindly ask that you also share this data protection information with your employees who engage in business relations with us.
Your personal data
Controller of your personal data
What personal data we need from you
We shall process the personal data we obtain from you in the course of our business relations, i.e. on the basis of a contractual relationship with you or your company (such as purchasing and selling products, services, works, rights of use, etc.), due to the initiation of contact prior to entering into a contract or based on any other enquiries on your part (e.g. via the Internet, by email or over the phone or on the occasion of a trade show or product event). We shall additionally process personal data acquired in a permissible manner from publicly accessible sources (such as commercial and company registers, the press, the Internet) or justifiably transferred to us by any third parties (e.g. in the context of a credit check) insofar as this is necessary for us to comply with our contractual or legal obligations.
The relevant personal data is, in particular, personal details (such as surname, first name, address, bank details, VAT number) and other contact details (such as telephone number, email address). This may additionally be order data (such as turnover data or business partner history), data concerning compliance with our contractual obligations (such as payments), information regarding your financial situation (such as credit rating data), documentation data (such as a commercial register extract) and other data which is comparable with the categories cited. We generally
use and save the following categories of your business and/or private personal data: first name, surname, postal address, email address, telephone number, mobile phone number, fax number, form of address, profession, position, title, academic degree.
Why we need your personal data
We process your personal data first and foremost for the fulfilment of contracts with you or your company or for the performance of measures prior to entering into a contract upon request. In the context of our business relations, you must provide the personal data which is needed for the initiation, execution and termination of business relations and for compliance with the related contractual obligations or which we are legally obliged to collect. Without this data, we are generally not in a position to conclude, execute and terminate a contract with you or to, at your request, perform measures prior to entering into a contract with you. Should you not provide us with the necessary information and documents, we will be unable to initiate or continue the business relations
you request. Your personal data additionally helps us to understand your interest in our products and to build up our business relations with you. It also enables us to provide you with marketing information, should you request this. Further, your personal data will be stored in our Group-wide database for the processing purposes stated here. We will naturally only collect personal data from you which we need for these processing purposes.
The legal basis for our processing of your personal data
We process personal data in accordance with the provisions of the EU’s General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP), in particular on the basis of the following legal grounds:
1. For compliance with contractual obligations (pursuant to point (b) of Article 6(1) GDPR): data is processed for us to comply with our obligations as per the contract concluded with you, e.g. a purchase agreement, work contract, service contract, licence agreement or lease agreement, or for the performance of measures prior to entering into a contract.
2. On account of statutory requirements (pursuant to point (c) of Art. 6(1) GDPR) or in the public interest (pursuant to point (e) of Art. 6(1) GDPR): for example, due to our tax law control and reporting obligations, our obligations to comply with audits performed by tax or other authorities and our obligations to observe statutory retention periods. The disclosure of personal data may also be required pursuant to official/judicial measures for the purposes of the collection of evidence, criminal prosecution or the enforcement of civil law claims.
3. On account of a legitimate interest (pursuant to point (f) of Art. 6(1) GDPR): we shall, insofar as is necessary, process your personal data in the course of our business relations for the balancing of interests, with data processing being permissible if it is necessary for the purposes of the legitimate interests pursued by us or by a third party and these are not overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. This may be the case in particular in relation to:
a) The establishment of legal claims and defence in the event of legal disputes;
b) Measures to optimise our business processes such as maintaining a supplier or a customer relationship management database;
c) The marketing of products and promotions (by trading partners);
d) Measures to safeguard operational safety and for business management;
e) Building and plant safety measures (e.g. physical access controls);
f) Comparisons with European and international embargo lists, in the event that this goes above and beyond the statutory obligations;
g) Reducing the credit risks in our procurement processes by consulting information service providers regarding business circumstances and, in particular, credit ratings;
h) Measures to safeguard and uphold domiciliary rights; or
i) The limited storage of your data, should its erasure not be possible or be possible only with a disproportionately sizeable effort due to the specific type of storage.
Who receives your personal data for processing
Access to your data is afforded to the agencies within BIG KAISER which need it for us to comply with our contractual and legal obligations and for the performance of our internal processes (e.g. Sales, Purchasing, Logistics, Accounting). Service providers and vicarious agents contracted by us may likewise receive and process data for these purposes. These are, in particular, external companies in the areas of financial and legal advice, IT services, banks or logistics. As a rule, we shall only share the personal data of our business partners if legal provisions prescribe or allow this, or if the data subject has given their explicit consent to this.
Under these circumstances, the recipients of personal data may be, for example:
§ Public authorities and institutions (such as tax authorities, law enforcement authorities, social security providers) in the event of a statutory or official obligation
§ Insolvency administrators or creditors who make an enquiry with regard to compulsory execution
§ Auditors on the occasion of an annual audit
§ Service providers we use for data processing
Where your personal data is processed
A list of companies can be found on the BIG DAISHOWA website (www.bigdaishowa.com).
How long we process and retain your personal data for
We process and store the personal data of our business partners for as long as is necessary for us to comply with our contractual and legal obligations arising from the existing business relations. If your personal data is no longer needed for compliance with contractual or legal obligations, it shall be erased on a regular basis unless its temporary further processing is required for the fulfilment of commercial or tax law record retention obligations or for obtaining evidence subject to the legal statutes of limitation.
Your rights as a data subject
If you have any questions concerning how your personal data is used, wish to lodge a complaint regarding our handling of your personal data or wish to exercise the rights as a data subject as listed below, you can contact us at firstname.lastname@example.org.
You have the following rights in the context of the data protection legislation applicable to you, insofar as these rights are included therein:
§ Rectification or updating of your personal data
§ Receipt of a copy of the personal data concerning you that we have stored
§ Erasure of your personal data regarding which there are no longer any legal grounds for its use
§ Transfer of your personal data to another controller
§ Restriction of the processing of your personal data
§ Objection to the processing of your personal data
Please note that we reserve the right to enforce the restrictions to the above rights which are available under law, to protect the public interest (such as the prevention or exposure of criminal offences) or our interests (protection of trade secrets/professional secrecy).
If our response is unsatisfactory or if you believe we are processing your personal data illegally, you may, pursuant to Art. 28 FADP, contact the Swiss Federal Data Protection and Information Commissioner (FDPIC) for advice and mediation. Within the European Union, you may, in accordance with your right to lodge a complaint pursuant to Art. 77 GDPR, also contact the competent data protection authority of the country in which you live or work, or in which, in your opinion, the data protection violation occurred.
Receive information by email
With your consent, we would like to use your name and email address to notify you about BIG KAISER products in the context of our business relations or, at your request, to provide you with additional product, business, event and other marketing information. You can request such marketing information according to your wishes on the website https://www.bigkaiser.eu. There, we will also request your consent to your being sent marketing information by email, which you may, of course, withdraw at any time with effect for the future by sending an email to email@example.com. Alternatively, please do not hesitate to speak to your BIG KAISER contact at any time in this regard, who will assist you with any queries.
BIG KAISER Präzisionswerkzeuge AG
+41 44 817 92 00
Rümlang, May 2023 (BKCH0537)