Privacy Policy

Preamble

We are very pleased that you are interested in our company. Data protection is of particular importance to the management of Swissbit AG. In principle, it is possible to use the Swissbit AG website without providing any personal data. However, if a data subject wishes to use specific services offered by our company via our website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as a data subject’s name, address, email address, or phone number, is always carried out in accordance with the EU General Data Protection Regulation (GDPR), the Swiss Data Protection Act (DSG), effective as of September 1, 2023, and in compliance with the country-specific data protection regulations applicable to Swissbit AG. Through this Privacy Policy, our company aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this Privacy Policy informs data subjects of their rights.

As the data controller, Swissbit AG has implemented numerous technical and organizational measures to ensure the most comprehensive possible protection of the personal data processed via this website. Nevertheless, internet-based data transmissions may inherently contain security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, every data subject is free to provide personal data to us via alternative means, such as by telephone.

1. Definitions

The Swissbit AG Privacy Policy is based on the terminology used by European legislators and regulators when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easily readable and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

 In this Privacy Policy, we use the following terms, among others:

a)    Personal Data

Personal data refers to any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable ( ) if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b)    Data Subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c)    Processing

Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d)    Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting their future processing.

e)    Profiling

Profiling is any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f)     Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures that ensure the personal data is not attributed to an identified or identifiable natural person.

g)    Data Controller

The controller is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law.

h)    Processor

A processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.

i)      Recipient

A recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether or not that body is a third party. However, public authorities that may receive personal data in the course of a specific investigative mandate under Union law or the law of the Member States shall not be considered recipients.

j)      Third party

A third party is a natural or legal person, public authority, agency, or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.

k)    Consent

Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

 2. Name and address of the data controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature is:

Swissbit AG
Industriestrasse 4
9552 Bronschhofen
Switzerland

Phone: +41 71 913 03 00
Website: www.swissbit.com

Data Protection Inquiries

If you have any questions regarding the collection, processing, or use of your personal data, regarding data subject rights such as access, correction, restriction, or erasure of data, or regarding other data protection-related matters, please contact our data protection team at the following email address: privacy@swissbit.com

Data Protection Officer

If you wish to contact our designated Data Protection Officer confidentially regarding matters related to data protection law, you can reach Mr. Eiko Kühne by email at: Datenschutz.Beauftragter@swissbit.com

or by mail at the following address:

Data Protection Officer
Swissbit Germany AG
– Personal and confidential –
Mr. Eiko Kühne
Bitterfelder Strasse 22
12681 Berlin

3. Cookies

The Swissbit AG website uses cookies. Cookies are text files that are placed and stored on a computer system via a web browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to associate the specific web browser in which the cookie was stored. This enables the visited websites and servers to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognized and identified via the unique cookie ID.

By using cookies, Swissbit AG can provide users of this website with more user-friendly services that would not be possible without setting cookies.

Cookies allow us to optimize the information and offers on our website to better suit the user’s needs. As mentioned earlier, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website, such as , that uses cookies does not have to re-enter their login credentials every time they visit the website, as this information is retrieved by the website and the cookie stored on the user’s computer system. Another example is the shopping cart cookie in an online store. The online store uses a cookie to remember the items a customer has placed in the virtual shopping cart.

The data subject can prevent the setting of cookies by our website at any time by adjusting the settings of the web browser being used, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject disables the setting of cookies in the web browser they are using, not all functions of our website may be fully usable under certain circumstances.

To update your cookie settings, click on the “Cookie Settings” link in the footer of this page.

4. Collection of General Data and Information

The Swissbit AG website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to prevent threats in the event of attacks on our information technology systems.

Swissbit AG does not draw any conclusions about the data subject when using this general data and information. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising on it, (3) ensure the continued functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. Swissbit AG therefore evaluates this anonymously collected data and information both statistically and with the aim of enhancing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.

5. Registration on our website

The data subject has the option to register on the website of the data controller by providing personal data. The specific personal data transmitted to the data controller in this process is determined by the respective input form used for registration.

The data subject’s registration, involving the voluntary provision of personal data, enables the data controller to offer the data subject content or services that, by their very nature, can only be provided to registered users. Registered users are free to modify the personal data provided during registration at any time or to have it completely deleted from the data controller’s database.

The data controller will, upon request, provide any data subject with information at any time regarding which personal data has been stored about them. Furthermore, the data controller will correct or delete personal data at the request or upon notification by the data subject, provided that no legal retention obligations preclude this. All employees of the data controller are available to the data subject as points of contact in this regard.

6. Marketing Automation and Newsletters with Salesforce

This website uses the Salesforce marketing automation platform (Salesforce Inc., Salesforce Tower, 415 Mission Street, San Francisco, CA 94105, USA) both for sending newsletters and for the management, analysis, and optimization of marketing campaigns.

If you provide personal data for the purpose of subscribing to the newsletter or contacting us (e.g., name, email address, or other voluntary information), this data is stored on Salesforce servers and processed to carry out the respective marketing activities.

The processed data may include, in particular:

Name

  • Email address

  • Company informaion

  • Interactions with emails (e.g., opening emails, clicking on links)

  • Usage behavior on our website

  • Technical information (e.g., IP address, browser type, operating system, time of interaction)

Processing is based on your consent pursuant to Art. 6(1)(a) GDPR / revDSG. You may revoke this consent at any time with future effect, e.g., via the unsubscribe link in every email sent or by notifying us. The lawfulness of processing that has already taken place remains unaffected.

After unsubscribing, your email address may be stored in a so-called blacklist to prevent you from receiving further emails from us in the future. This storage is based on our legitimate interest pursuant to Art. 6(1)(f) GDPR / revDSG in complying with legal requirements when sending emails.

Data transfer to third countries:

It cannot be ruled out that Salesforce may also process data on servers located outside the European Union, particularly in the United States. To ensure an adequate level of data protection, Salesforce uses, among other measures, the Standard Contractual Clauses (SCCs) approved by the European Commission.

For more information on data protection at Salesforce, please visit: https://www.salesforce.com/company/privacy/

7.  Web Analytics with Google Analytics

This website uses features of the web analytics service Google Analytics. The provider is Google Ireland Limited, Dublin, Ireland.

Google Analytics uses cookies that enable an analysis of the use of our website. The information generated by these cookies regarding your use of this website is generally transmitted to and stored on Google’s servers.

We use Google Analytics with IP anonymization enabled. This shortens your IP address within Europe before it is transmitted.

The use of this service is based on your consent, to the extent that such consent is required.

For more information on data processing by Google, please refer to Google’s Privacy Policy.

8. Web Analytics with Matomo (Matomo Cloud, with Cookies, Third Country)

To analyze the use of our website, we use the web analytics service Matomo in its hosted version, Matomo Cloud.

The provider is InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand.

Matomo Cloud uses cookies that enable an analysis of the use of our website. The information generated by these cookies regarding the use of our website is stored on Matomo Cloud servers.

In particular, the following data may be processed:

  • anonymized IP address

  • pages visited

  • referrer URL

  • browser and operating system used

  • Screen resolution

  • Date and time of access

  • Approximate geographic origin (country/region)

Data transfer to third countries:

The data is processed on servers in New Zealand. Matomo Cloud ensures that processing is carried out in compliance with data protection regulations. The transfer is based on appropriate safeguards in accordance with Art. 44 et seq. of the GDPR (e.g., standard contractual clauses) and in accordance with the provisions of the Swiss Data Protection Act (revDSG).

Use of this service is based on your consent pursuant to Art. 6(1)(a) GDPR / § 25 TTDSG or your consent under revDSG. You may withdraw your consent at any time.

Further information on data processing by Matomo can be found in the provider’s privacy policy.

9. LinkedIn Technologies

We use technologies provided by the LinkedIn network on our website. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

The use of these technologies is based exclusively on your consent in accordance with Art. 6(1)(a) GDPR, which you can provide via our consent banner. You may withdraw your consent at any time with effect for the future.

With the help of these technologies, we can track whether visitors have reached our website via LinkedIn campaigns and how they interact with our website (so-called conversion tracking).

In particular, the following data may be processed:

  • IP address (possibly in shortened or pseudonymized form)

  • device and browser information

  • pages visited

  • timestamps

If you are logged into LinkedIn, LinkedIn may associate this information with your user account.

Please note that we and LinkedIn act as joint controllers within the meaning of Art. 26 GDPR with regard to this processing. For more information on how LinkedIn processes personal data, please refer to LinkedIn’s privacy policy:
https://www.linkedin.com/legal/privacy-policy

Data may be transferred to the United States or other third countries. LinkedIn relies on appropriate safeguards, in particular the EU-U.S. Data Privacy Framework and standard contractual clauses of the European Commission.

The data will only be stored for as long as necessary for the stated purposes or until you withdraw your consent.

10. Protection against spam and bots with Friendly Captcha

To protect our website against automated requests and abusive use (e.g. by bots), we use the Friendly Captcha service. The provider is Friendly Captcha GmbH, Germany.

Friendly Captcha is used to verify whether input on our website is made by a human or by automated software. For this purpose, a cryptographic puzzle is solved in the user’s browser.

As part of this process, only technically necessary data is processed. This may include in particular:

  • IP address (processed only temporarily for delivering the challenge and preventing abuse and not stored on a permanent basis; according to the provider, no user profiles are created)

  • browser and device information

  • timestamp of the request

  • cryptographic challenges and their solutions

The processing of the IP address is carried out exclusively for technical and security-related purposes. It is not used for tracking, marketing, or analytics purposes.

The use of Friendly Captcha is based on our legitimate interest pursuant to Art. 6(1)(f) GDPR in protecting our website from misuse, automated access, and spam.

For more information on how Friendly Captcha processes personal data, please refer to:
https://friendlycaptcha.com/privacy/

11. Contact options via the website

In accordance with legal requirements, the Swissbit AG website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general electronic mail address (email address). If a data subject contacts the data controller via email or a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data, transmitted voluntarily by a data subject to the data controller, is stored for the purposes of processing or contacting the data subject. This personal data is not disclosed to third parties.

12. Routine Deletion and Blocking of Personal Data

The data controller processes and stores the data subject’s personal data only for the period necessary to achieve the purpose of storage, or to the extent provided for by the European legislator or another competent legislator in laws or regulations to which the data controller is subject.

If the purpose of storage no longer applies or if a retention period prescribed by the European legislative and regulatory authorities or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

13. Rights of the data subject

a)    Right to Confirmation

Every data subject has the right, granted by the European legislator, to request confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our data protection officer or another employee of the controller at any time.

b)    Right of access

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller, at any time and free of charge, information regarding the personal data stored about them and a copy of such information. Furthermore, the European legislator has granted the data subject the right to obtain information regarding the following:

  • the purposes of the processing;

  • the categories of personal data being processed

  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;

  • if possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining this duration;

  • the existence of a right to rectification or erasure of personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing;

  • the existence of a right to lodge a complaint with a supervisory authority;

  • if the personal data are not collected from the data subject: any available information regarding the source of the data;

  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and—at least in such cases—meaningful information regarding the logic involved, as well as the significance and the intended consequences of such processing for the data subject

Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject is also entitled to receive information about the appropriate safeguards in connection with the transfer.

If a data subject wishes to exercise this right of access, they may contact our Data Protection Officer or another employee of the controller at any time.

c)    Right to Rectification

Every data subject affected by the processing of personal data has the right, granted by European legislation, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data—including by means of a supplementary statement—taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectification, they may contact our Data Protection Officer or another employee of the controller at any time.

d)    Right to erasure (right to be forgotten)

Every data subject affected by the processing of personal data has the right, granted by European legislation, to request that the controller erase personal data concerning them without undue delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

  • The personal data was collected or otherwise processed for purposes for which it is no longer necessary.

  • The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.

  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

  • The personal data has been processed unlawfully.

  • The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.

  • The personal data was collected in relation to information society services offered pursuant to Article 8(1) of the GDPR. If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored by Swissbit AG, they may contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of Swissbit AG or another employee will ensure that the request for erasure is complied with without delay.

If the personal data has been made public by Swissbit AG and our company, as the controller pursuant to Article 17(1) of the GDPR, is obligated to erase the personal data, Swissbit AG shall take appropriate measures, including technical measures, taking into account available technology and implementation costs, to inform other controllers processing the published personal data that the data subject has requested these other data controllers to delete all links to such personal data or copies or replicas of such personal data, insofar as the processing is not necessary. , the Data Protection Officer of Swissbit AG, or another employee will take the necessary steps on a case-by-case basis.

 e)    Right to restriction of processing

Any data subject affected by the processing of personal data has the right, granted by European legislation, to request that the controller restrict processing if one of the following conditions is met:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

  • The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.

  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it to establish, exercise, or defend legal claims.

  • The data subject has objected to the processing pursuant to Art. 21(1) of the GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by Swissbit AG, they may contact our Data Protection Officer or another employee of the controller at any time. The Data Protection Officer of Swissbit AG or another employee will arrange for the restriction of processing.

f)     Right to data portability

Every data subject whose personal data is being processed has the right, as granted by European legislation, to receive the personal data concerning them—which they have provided to a controller—in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, when exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, provided this is technically feasible and does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject may contact the data protection officer appointed by Swissbit AG or another employee at any time.

g)    Right to Object

Any data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them that is carried out pursuant to Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

In the event of an objection, Swissbit AG will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing serves to assert, exercise, or defend legal claims.

If Swissbit AG processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Swissbit AG regarding processing for direct marketing purposes, Swissbit AG will no longer process the personal data for these purposes.

In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them that is carried out by Swissbit AG for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact the Data Protection Officer of Swissbit AG or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.

h)      Right to Withdraw Consent

Every data subject affected by the processing of personal data has the right, granted by European legislation, to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact our Data Protection Officer or another employee of the data controller at any time.

14. Legal basis for processing

Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party—as is the case, for example, with processing operations required for the delivery of goods or the provision of other services or consideration—the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of inquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance information, or other vital information subsequently had to be disclosed to a doctor, a hospital, or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, provided that the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override those interests. We are permitted to carry out such processing operations in particular because they were specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 of the GDPR). 

15. Legitimate interests in processing pursued by the controller or a third party

If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.15. Duration for which personal data is stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. Upon expiration of the retention period, the relevant data is routinely deleted, provided it is no longer necessary for the performance of a contract or for entering into a contract.

16. Legal or contractual requirements for the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of non-provision

We inform you that the provision of personal data is in some cases required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must subsequently process. For example, the data subject is obligated to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being able to be concluded. Before providing personal data, the data subject must contact our Data Protection Officer. Our Data Protection Officer will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences the failure to provide the personal data would have.

17. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the data protection officer, in cooperation with the data protection attorneys at the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.