We are very pleased that you are interested in our company. Data protection has a particularly high priority for the management of San Gian AG. Use of the San Gian AG website is generally possible without providing any personal data. If a data subject wishes to use our company’s special services via our website, 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, for example the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to San Gian AG. With this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Data subjects are also informed about their rights by means of this data protection declaration.
As the controller, San Gian AG has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us in alternative ways, for example by telephone.
The data protection declaration of San Gian AG is based on the terminology used by the European directors and regulators when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms in this data protection declaration:
a) personal data
Personal data is all information that relates to an identified or identifiable natural person (hereinafter “data subject”). An identifiable person is a natural person who, directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics, expresses the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.
b) affected person
Affected person is any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or series of operations carried out with or without the help of automated processes in connection with personal data such as the collection, collection, organization, organization, storage, adaptation or modification, reading, querying, use, the disclosure by transmission, distribution or any other form of provision, comparison or linking, restriction, deletion or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any type of automated processing of personal data, which consists in the fact that this personal data is used to evaluate certain personal aspects that relate to a natural person, in particular to aspects related to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or relocation of this natural person.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.
g) Controller or controller
The person responsible or responsible for processing is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data. If the purposes and means of this processing are specified by Union law or the law of the Member States, the person responsible or the specific criteria for naming them can be provided in accordance with Union law or the law of the Member States.
The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the person responsible.
The recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data as part of a specific investigation mandate under Union law or the law of the Member States are not 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 are authorized to process the personal data under the direct responsibility of the controller or processor.
Consent is any expression of will voluntarily given by the data subject for the specific case in an informed manner and unequivocally in the form of a declaration or other clear confirmatory act, with which the data subject indicates that they consent to the processing of their personal data is.
2. Name and address of the controller
Responsible 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 with data protection character is:
San Gian AG
Via San Gian 23
7500 St. Moritz
Tel.: Tel.: +41 81 837 09 09
By using cookies, San Gian AG can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time using an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, under certain circumstances not all functions of our website can be used to their full extent.
4. Collection of general data and information
The San Gian AG website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that use an accessing system on our website can be controlled, (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 serves to avert risks in the event of attacks on our information technology systems.
When using this general data and information, San Gian AG does not draw any conclusions about the person concerned. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) to ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is therefore statistically evaluated by San Gian AG and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the option of registering on the website of the data controller by providing personal data. Which personal data are transmitted to the person responsible for processing results from the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for their own purposes. The controller can arrange for the transfer to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for internal use, which is attributable to the controller.
By registering on the website of the controller, the IP address assigned by the data subject’s Internet service provider (ISP), the date and the time of registration are also saved. This data is stored against the background that the misuse of our services can only be prevented in this way and, if necessary, this data enables crimes committed to be investigated. In this respect, the storage of this data is necessary to secure the data controller. In principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or the passing on is used for criminal prosecution.
The registration of the data subject with the voluntary provision of personal data serves the data controller to offer the data subject content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the data base of the controller.
The person responsible for processing will provide each data subject with information on what personal data about the data subject is stored at any time on request. Furthermore, the person responsible for processing corrects or deletes personal data at the request or advice of the data subject, provided that there are no statutory retention requirements. The entire staff of the controller is available to the data subject as a contact person in this context.
6. Subscribe to our newsletter
On the San Gian AG website, users are given the opportunity to subscribe to our company’s newsletter. Which personal data are transmitted to the person responsible for processing when you order the newsletter is determined from the input mask used for this purpose.
San Gian AG informs its customers and business partners at regular intervals by means of a newsletter about offers from the company. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers to send the newsletter. For legal reasons, a confirmation email will be sent to the email address entered by the data subject for the first time for sending the newsletter in a double opt-in procedure. This confirmation email is used to check whether the owner of the email address as the person concerned has authorized the receipt of the newsletter.
When registering for the newsletter, we also save the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to understand the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to provide legal protection for the controller.
The personal data collected when you register for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter could be informed by email if this is necessary for the operation of the newsletter service or for a registration in this regard, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. The personal data collected as part of the newsletter service is not passed on to third parties. The data subject can cancel the subscription to our newsletter at any time. The consent to the storage of personal data that the data subject has given us for sending the newsletter can be revoked at any time. For the purpose of withdrawing consent, there is a corresponding link in every newsletter. You can also unsubscribe from the newsletter at any time directly on the website of the controller or inform the controller in another way.
7. Newsletter tracking
The San Gian AG newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails that are sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, San Gian AG can recognize whether and when an email was opened by a data subject and which links in the email were called up by the data subject.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimize the sending of the newsletter and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the separate declaration of consent relating to this, which is made using the double opt-in procedure. After revocation, this personal data will be deleted by the controller. Unsubscribing from receiving the newsletter automatically interprets San Gian AG as a revocation.
8. Contact option via the website
Due to legal regulations, the website of San Gian AG contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for the so-called electronic mail (e-mail address). If a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject will be automatically saved. Such data transmitted voluntarily by a data subject to the data controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
9. Routine deletion and blocking of personal data
The data controller processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or if this is done by the European legislator or other legislator in laws or regulations, which of the data controllers subject, was provided.
If the storage purpose ceases to apply or if a storage period stipulated by the European guideline and regulation provider or another responsible legislator expires, the personal data will be routinely blocked or deleted in accordance with the legal regulations.
10. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European directive and regulatory authority to request confirmation from the data controller as to whether personal data relating to them are being processed. If a data subject wishes to exercise this right of confirmation, they can contact an employee of the controller at any time.
b) Right to information
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive free of charge information about the personal data stored about him and a copy of this information from the controller at any time. Furthermore, the European guideline and regulatory authority has given the data subject access to the following information:
- the processing purposes
- the categories of personal data that are processed
- the recipients or categories of recipients to whom the personal data has 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 correction or deletion of the personal data relating to them or to restriction of processing by the person responsible or a right to object to this processing
- the right to lodge a complaint with a supervisory authority
- if the personal data is not collected from the data subject: all available information about the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22 Paragraph 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject
The data subject also has the right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to request the immediate correction of incorrect personal data concerning them. In addition, the data subject has the right to request the completion of incomplete personal data, also by means of a supplementary statement, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of correction, they can contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to demand from the responsible person that the personal data concerning them be deleted immediately, provided one of the following reasons applies and insofar as the processing is not necessary:
- The personal data were collected for such purposes or processed in any other way for which they are no longer necessary.
- The data subject withdraws their consent on which the processing was based in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21 (2) GDPR Processing a.
- The personal data was processed illegally.
- The deletion of personal data is necessary to fulfill 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 in accordance with Art. 8 Para. 1 GDPR.
If one of the above reasons applies and a data subject wishes to have personal data stored by San Gian AG deleted, they can contact an employee of the controller at any time. The San Gian AG employee will arrange for the request for deletion to be complied with immediately.
If the personal data have been made public by San Gian AG and our company as the responsible party is obliged to delete the personal data in accordance with Art. 17 Para. 1 GDPR, San Gian AG takes appropriate measures taking into account the available technology and the implementation costs , also of a technical nature, in order to inform other data controllers who process the published personal data that the data subject has deleted all links to this personal data or copies or replications of these personal data from these other data controllers has requested personal data insofar as processing is not necessary. The employee of San Gian AG will arrange the necessary in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to request the controller to restrict processing if one of the following conditions is met:
- The data subject disputes the accuracy of the personal data for a period of time that enables the person responsible to check the accuracy of the personal data.
- The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
- Die betroffene Person hat Widerspruch gegen die Verarbeitung gem. Art. 21 Abs. 1 DS-GVO eingelegt und es steht noch nicht fest, ob die berechtigten Gründe des Verantwortlichen gegenüber denen der betroffenen Person überwiegen.
If one of the above requirements is met and a data subject wishes to request the restriction of personal data stored by San Gian AG, they can contact an employee of the controller at any time. The employee of San Gian AG will arrange for the processing to be restricted.
f) Right to data portability
Each person affected by the processing of personal data has the right granted by the European directive and regulation giver to receive the personal data concerning them, which were provided to a responsible person by the data subject, in a structured, common and machine-readable format. You also have the right to transfer 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 in accordance with Art. 6 Para. 1 Letter a GDPR or Art. 9 Para . 2 letter a GDPR or on a contract in accordance with Art. 6 para. 1 letter b GDPR and the processing is carried out using automated processes, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority, which has been transferred to the person responsible
Furthermore, when exercising their right to data portability in accordance with Art. 20 Para. 1 GDPR, the data subject has the right to have the personal data transferred directly from one person responsible to another, insofar as this is technically feasible and if so this does not affect the rights and freedoms of other people.
To assert the right to data portability, the data subject can contact an employee of San Gian AG at any time.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver, for reasons arising from their particular situation, at any time against the processing of personal data concerning them, which is based on Art. 6 Para. 1 Letter e or f DS-GVO takes place to object. This also applies to profiling based on these provisions.
In the event of an objection, San Gian AG will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or Defense of legal claims.
If San Gian AG processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to San Gian AG processing for direct marketing purposes, San Gian AG will no longer process the personal data for these purposes.
In addition, the person concerned has the right, for reasons arising from their particular situation, against the processing of personal data relating to them, which is carried out by San Gian AG for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS GMOs to raise an objection, unless such processing is necessary to fulfill a task in the public interest.
In order to exercise the right to object, the person concerned can contact any San Gian AG employee or another employee directly. The data subject is also free to exercise their right to object in connection with the use of information society services, regardless of Directive 2002/58 / EC, using automated procedures that use technical specifications.
h) Automated decisions in individual cases including profiling
Any person affected by the processing of personal data has the right granted by the European directive and regulatory authority not to be subjected to a decision based solely on automated processing – including profiling – which has a legal effect on them or similarly significantly affects them, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permissible due to Union or Member State law to which the controller is subject and this legislation takes appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or fulfillment of a contract between the data subject and the person responsible or (2) it is made with the express consent of the data subject, San Gian AG takes appropriate measures to protect the rights and freedoms as well as the to protect the legitimate interests of the data subject, which includes at least the right to obtain the intervention of a person on the part of the person responsible, to state their own position and to contest the decision.
If the data subject wishes to assert rights with regard to automated decisions, they can contact an employee of the controller at any time.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right granted by the European directive and regulation giver to revoke their consent to the processing of personal data at any time.
If the data subject wishes to exercise their right to withdraw consent, they can contact an employee of the controller at any time.
11. Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing can also be done electronically. This is particularly the case if an applicant sends the relevant application documents to the person responsible for processing by electronic means, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the announcement of the rejection decision, provided that there are no other legitimate interests of the data controller contrary to deletion. Other legitimate interests in this sense include, for example, an obligation to provide evidence in proceedings under the General Equal Treatment Act (AGG).
12. Legal basis for processing
Art. 6 I lit. a GDPR serves our company as the legal basis for 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 that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about 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 Art. 6 I lit. c 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 to our company were injured and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. Then the processing would be based on Art. 6 I lit. d GDPR are based.
Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard the legitimate interests of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not outweigh them. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (recital 47 sentence 2 GDPR).
13. Legitimate interests in the processing that are being pursued by the controller or a third party
Is the processing of personal data based on Article 6 I lit. f GDPR is our legitimate interest in carrying out our business for the benefit of all our employees and our shareholders.
14. Duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the corresponding data will be routinely deleted, provided that it is no longer required to fulfill or initiate a contract.
15. Legal or contractual regulations for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of not providing
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information about the contract partner).
Sometimes it may be necessary to conclude a contract that a data subject provides us with personal data that we subsequently have to process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would result in the contract not being concluded with the person concerned.
Before the data subject provides personal data, the data subject must contact one of our employees. Our employee clarifies the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
16. Existing automated decision making
As a responsible company, we do not use automatic decision-making or profiling.