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Privacy Policy

Data Protection Statement for Utilis AG and Utilis France S.à.r.l.


Version 1.0 dated 11th november, 2019


Utilis AG, Kreuzlingerstrasse 22, 8555 Müllheim, Switzerland, is the operator of this website. Thank you for your interest. We would like to inform you about data protection and ask that you read the data protection statement before using www.utilis.com. By using our website, you consent to this data protection statement.

Utilis AG, together with its subsidiary, Utilis France S.à.r.l., 90 allée de Glaisy ZI, 74300 Thyez, France, is responsible for the content on the www.utilis.com website and the goods and services offered on it, and also for the collection, processing and use of your personal data and the compliance of the data processing with the applicable data protection laws.

As a company that operates internationally, Utilis AG has sales partners throughout the world. In the event of orders directly from Switzerland, a direct contract is concluded between you and Utilis AG. This data protection statement is an integrated part of the contract.

In the event of orders from France, a direct contract is concluded between you and Utilis France S.à.r.l. If you conclude a contract with Utilis France S.à.r.l., this data protection statement is an inte-gral part of the contract. However, Utilis AG is not a party in this contractual relationship.

Orders from countries in which Utilis AG has a sales partner will be forwarded to the respective sales partner and customers will be informed directly. The contract is subsequently concluded be-tween you and our sales partner. The data protection provisions of the respective sales partner shall then apply. Utilis AG and Utilis France S.à.r.l. are not a party in this contractual relationship. 

Since Utilis AG operates this website together with and on behalf of the subsidiary Utilis France S.à.r.l. and contracts can be concluded between you and Utilis France S.à.r.l., this data protection statement is based on Swiss data protection laws as well as the EU General Data Protection Regula-tion (GDPR), where applicable. Although the GDPR is a European Union regulation, it is also signifi-cant for Utilis AG. The Swiss Data Protection Act (DSG) is strongly influenced by EU law and compa-nies outside of the European Union or the EEA must comply with the GDPR under certain circum-stances.

Personal data refers to all information relating to a specific or identifiable person. Please note the following information so that you are aware which personal data we collect from you and for which purposes we use it.

1    Data controller within the meaning of data protection law is:

1.1    During the operation of this website

Utilis AG
Kreuzlingerstrasse 22
8555 Müllheim
Switzerland
E-mail info@utilis.com
Tel. +41 (0) 52 762 62 62
Fax +41 (0) 52 762 62 00

Managing director: Mario Macario

Utilis France S.à.r.l.
90 allée de Glaisy ZI
74300 Thyez
France
Tel. +33 4 50 96 36 30
Fax. +33 4 50 96 37 93

Managing director: Fabrice Dupont


1.2    Upon contract conclusion and processing
Utilis AG
Kreuzlingerstrasse 22
8555 Müllheim
Switzerland
E-mail info@utilis.com
Tel. +41 (0) 52 762 62 62
Fax +41 (0) 52 762 62 00

Managing director: Mario Macario

Utilis France S.à.r.l.
90 allée de Glaisy ZI
74300 Thyez
France
Tel. +33 4 50 96 36 30
Fax +33 4 50 96 37 93

Managing director: Fabrice Dupont

2    Access data 
Our website can be used without specifying any personal data. However, each time a website is called, the web server automatically stores what is called a server log file that records the following access data:
(1)    Information about the browser type and the version used
(2)    The user’s operating system
(3)    The user’s Internet service provider
(4)    The IP address of the user
(5)    The date and time when the website was accessed
(6)    Websites from which the user’s system accesses our website 
(7)    Websites that are called by the user’s system via our website
This access data is recorded exclusively for the purpose of ensuring the website’s smooth opera-tion. In accordance with Art. 6 Par. 1 (f) GDPR, provided this provision is applicable, in the balancing of interests, this serves to maintain our legitimate prevailing interest in our offer being presented correctly. All access data will be deleted at the latest 50 months after your visit to the website.

3    Data collection and use with forms and opening a customer account 
We collect personal data if you voluntarily provide it to us as part of your order, when you contact us (for example by using a contact form or by e-mail), or when you register a customer account. Mandatory fields are identified as such, since in these cases this data is essential for processing your communication or for opening a customer account. Precisely which data is collected is ex-plained in this data protection statement. We use the data provided by you based on your consent in accordance with Art. 6 Par. 1 (b) GDPR, provided this provision is applicable, for processing your queries. When your customer account is deleted or after your query has been processed com-pletely, your data will be restricted for further processing and will be deleted at the end of the re-tention periods relating to tax law and commercial law, provided we do not need the data for the assertion of claims, we are not otherwise obligated to retain it and no legitimate business interests (such as for evidence and documentation purposes) exist that prevent its deletion.
You can ask us to delete your customer account at any time. To do this, send us a message to the contact information above.

3.1    Data collection customer account
The following data will be collected when you register for a customer account:
•    E-mail address
•    Password
•    Form of address
•    First and last name
•    Company name
•    Street and house number, post code, city
•    Country
•    VAT no. (optional)
•    PO box (optional)
•    Telephone (optional)

3.2    Data collection contact and special production form
If you contact us via our contact or special production form, we will collect the following data to ensure smooth communication:
•    E-mail address
•    Form of address
•    First and last name
•    Phone


4    Newsletter
If you register for our newsletter, we will use the data that is necessary for this or the data that was provided separately by you so we can send you our e-mail newsletter on a regular basis, based on your consent in accordance with Art. 6 Par. 1 (a) GDPR, provided this provision is applicable. We use the following data for sending our newsletter:
•    E-mail address
•    First and last name
This data is stored on our web server with our hosting partner in Switzerland. You can unsubscribe from the newsletter at any time either by sending a message to the contact information below, or by using a designated link in the newsletter. After you have unsubscribed, we will delete your e-mail address, provided we do not need the data for the assertion of claims, we are not otherwise obligated to retain it and no legitimate business interests (such as for evidence and documentation purposes) exist that prevent its deletion.

5    Use of cookies
To make visiting our website attractive and to enable the use of certain functions, to display appro-priate products or for market research purposes, we use what are called cookies on various pages. In the balancing of interests, this helps to protect our legitimate prevailing interest in presenting our offering optimally in accordance with Art. 6 Par. 1 (f) GDRP, provided this provision is applicable. Cookies are small text files that are automatically stored on your device. Some of the cookies we use will be deleted at the end of your browser session, that is, when you close your browser (these are called session cookies). Other cookies remain on your device and enable us to recognise your browser again the next time you visit (persistent cookies). To see for how long these are stored, see the overview of the cookie settings in your web browser. You can configure your browser in such a way that you are informed when cookies are set and you can decide on an individual basis about their acceptance or prevent the acceptance of cookies in specific cases or in general. Each browser determines how it manages cookie settings. This is described in the help menu of every browser and explains how you can change your cookie settings. This information is available for the relevant browsers by using the following links:

Internet Explorer™
Safari™
Chrome™
Firefox™

5.1    Google Analytics
If, by making the appropriate settings in your browser, you have granted us your permission to the use of cookies in accordance with Art. 6 Para. 1 (a) GDPR, provided this provision is applicable, this website uses Google Analytics, a web analysis service from Google LLC (www.google.de) for the purpose of website analysis. Google Analytics uses methods that enable your use of the website to be analysed such as cookies. The information that is automatically collected about your use of this website is usually transmitted to a Google server in the USA where it is saved. By activating IP anonymisation on this website, your IP address will be abbreviated before it is transmitted within the member states of the European Union or in other member states of the agreement on the European Economic Area. The full IP address be sent to a Google server in the USA and abbreviated there only in exceptional circumstances. The anonymised IP address provided to Google Analytics by your browser will not be merged with any other data from Google. At the end of the purpose for using and at the end of our use of Google Analytics, the data that was collected in this context will be deleted.
Google LLC has its headquarters in the USA and is certified under the Swiss-US Privacy Shield as well as the EU-US Privacy Shield. Based on this agreement between the USA and the European Com-mission or Switzerland, the latter have defined an appropriate level of data protection for compa-nies certified under the Privacy Shield. You can withdraw your consent at any time with effect for the future by downloading and installing the browser plug-in that is available at the following link: 
https://tools.google.com/dlpage/gaoptout?hl=en.
This prevents the data that is created by the cookie from being recorded and data relating to your use of the website (including your IP address) and the processing of this data by Google.

5.2    Social media plug-ins
5.2.1    Use of social plug-ins from Facebook and LinkedIn
We use social buttons from social networks on our website. In the balancing of interests, this helps to protect our legitimate prevailing interest in marketing our offering optimally in accordance with Art. 6 Par. 1 (f) GDRP, provided this provision is applicable. To increase the protection of your data when visiting our website, these buttons are not fully integrated as plug-ins but are merely inte-grated in the page by means of an HTML link. This integration ensures that when you call up a page on our website containing such buttons, no connection is made to the servers of the provider of the respective social network.
Clicking on one of the buttons opens a new browser window and calls up the page of the respec-tive service provider, on which you can press the Like or Share button (potentially after entering your login data). For the purpose and scope of the data collection and the further processing and use of the data by the providers on their pages, as well as contact details and your rights and setting options for protecting your privacy, please refer to the providers’ privacy policies.

5.2.2    YouTube video plug-ins
Third-party contents are integrated in this website. These contents are provided by Google LLC ("provider").
YouTube is operated by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google").
Enhanced data protection settings are activated for the YouTube videos that are integrated in our website. This means that information is not collected or saved from website visitors to YouTube unless they play the video. In the balancing of interests, the integration of videos helps to protect our legitimate prevailing interest in marketing our offering optimally in accordance with Art. 6 Par. 1 P. 1 (f) GDRP.

6    Contract conclusion and contract performance
6.1    Data collection for performing and concluding the contract
Personal data is collected when the contract is concluded and for the contract performance. When you place an order, we ask you to open a customer account or else we use the data from your ex-isting customer account. Mandatory fields are identified as such, since in these cases this data is essential for performing the contract. This information is necessary for the order and/or to open the account or for making contact. The following data is collected and processed:
•    E-mail address
•    Password
•    Form of address
•    First and last name
•    Company name
•    Street and house number, post code, city
•    Country
•    Payment information
•    VAT no. (optional) 
•    PO box (optional)
•    Telephone (optional)

The contracts can be concluded directly between you and Utilis AG, Utilis France S.à.r.l., or with one of our international sales partners. Utilis AG shall accept the order information and use this for con-cluding the contract in the event of orders from Switzerland. In the event of orders from abroad, the data will be forwarded directly to our corresponding sales partner. Utilis AG shall exclusively accept the order information and therefore acts as an order processor.
If you enter into a contract with Utilis France S.à.r.l., the data that you provide will be processed based on your consent in accordance with Art. 6 Par. 1 (a) GDPR for processing the order and for performing precontractual measures in accordance with Art. 6 Par. 1 (b) GDPR. If your user account is deleted or after the contract has been processed completely, your data will be restricted for fur-ther processing and will be deleted at the end of the retention periods relating to tax law and commercial law, provided we do not need the data for the assertion of claims, we are not other-wise obligated to retain it and no legitimate business interests (such as for evidence and documen-tation purposes) exist that prevent its deletion.

6.2    Forwarding data to third parties
Your data will be forwarded to the shipping company commissioned by us for delivering the goods, provided this is necessary for the delivery of the ordered goods. Your e-mail address and tele-phone number will also be forwarded to the selected shipping service provider, so they can contact you prior to the delivery for the purpose of notifying you about the delivery or coordinating it. Our intention is to achieve the best-possible delivery service. 
Depending on which payment service provider you select in the ordering process, your payment data that is collected for processing payments will be forwarded to the credit institution commis-sioned with the payment and, where applicable, to commissioned service providers or to the se-lected payment service. 
If Utilis AG or Utilis France S.à.r.l. pays in advance, for example in the case of payment on account, both companies can obtain identity and creditworthiness information from specialist service com-panies. Appropriate measures for protecting your rights, freedoms and legitimate interests are taken into account.


7    Hosting
In the context of processing on our behalf, a third party provides services for hosting and present-ing the website on our behalf. All data that is collected in the context of using this website or in designated forms in the online shop as well as for concluding and performing the contract are pro-cessed on its servers. Processing on other servers shall take place only in the context allowed here. The data will be processed exclusively in a country within the European Union or the European Eco-nomic Area.


8    Rights of the data subject
As the data subject, you have the following rights:

•    The right to request information about your personal data that is processed by us;

•    The right to request the immediate correction of your incorrect or incomplete personal data that is stored by us;

•    The right to request the deletion of your personal data that is stored by us, unless the addition-al processing of this data is still legal for statutory or contractual reasons or to protect overriding private or public interests;

•    The right to request that the processing of your personal data is restricted if

o    You dispute the accuracy of the data;

o    Its processing is illegal, but you refuse its deletion;

o    We no longer require the data, but you need it to establish, exercise or defend legal claims or

o    You have objected to the processing;

If the GDPR applies, you also have the following rights:

•    In accordance with Art. 20 GDPR, the right to obtain your personal data that you have provided to us in a structured, common and machine-readable format, or to request its transmission to a different data controller;

•    In accordance with Art. 77 GDPR to complain to a supervisory authority. Generally, you can con-tact the supervisory authority at your usual place of residence or work, or our head office.

If you have any questions regarding the collection, processing or use of your personal data, or re-garding information on and the correction, blocking or deletion of data and the withdrawal of con-sent that may be granted, or if you would like to object to specific use of data, please contact:

Utilis AG
Kreuzlingerstrasse 22
8555 Müllheim
Switzerland
Email: info@utilis.com

We may request proof of identity to process your requests.

9    Right to object
If you have given us your consent to the processing of your personal data for specific purposes (for example when you registered to receive newsletters), we will process your personal data in the context of and based on this consent, provided we do not have any other legal basis and one is required. You may withdraw your consent at any time, although this does not affect data pro-cessing that has already taken place.
If you exercise your right to object, we will no longer process your personal data for these purpos-es, unless we can demonstrate compelling legitimate reasons for its processing that outweigh your interests, rights and freedoms, or if the processing serves to fulfil contractual or statutory obliga-tions or to establish, exercise or defend legal claims.

10    Changes
We may change this data protection statement at any time without prior notification. The current version that is published on our website shall apply. If the data protection statement is part of an agreement with you, we will inform you when it is updated by e-mail or in another appropriate manner.