PRIVACY POLICY
1. OUR DATA PROTECTION STATEMENT
Thank you for your interest in our company. The protection of your personal data is very important to us. Your trust is of the utmost importance to us. The SWAROVSKI OPTIK website can be used without the need to provide any personal data.
However, if you wish to take advantage of a specific service from our company via our website, it may be necessary for us to process your personal data. If it is necessary to process personal data and if there is no legal basis for such processing, we will generally seek the consent of the person concerned.
The processing of personal data, such as the name, address, email address, or telephone number of a specific person, will be carried out in accordance with the requirements of the General Data Protection Regulation and subject to the country-specific data protection requirements applicable to SWAROVSKI OPTIK. Our company wishes to inform you of the nature, extent, and purpose of the personal data we process by means of this data protection declaration. Furthermore, this data protection declaration also advises any data subject of the rights to which they are entitled.
As the entity responsible for processing the data, SWAROVSKI OPTIK has implemented a number of technical and organizational measures to ensure seamless protection of the personal data processed via this website. However, web-based data transfers may exhibit security holes, which means that absolute protection cannot be guaranteed. SWAROVSKI OPTIK nevertheless assures you that it will provide the highest possible protection to secure your data.
2. DEFINITIONS
The SWAROVSKI OPTIK data protection statement is based on the definitions used by the European policy and regulatory bodies for the adoption of the General Data Protection Regulation (GDPR). Our data protection statement should be easily readable and understandable for the general public as well as our customers and business partners. To ensure this, we would first like to explain the terms we use.
In this data protection statement and on our website, we use the following terms:
a) Personal data
Personal data includes all information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). A natural person is regarded as identifiable if they can be identified, either directly or indirectly, especially through allocation of an identifier such as a name, identification number, location data, an online ID, or one or more specific characteristics which express the physical, physiological, genetic, psychological, economic, cultural, or social identity of the natural person in question.
b) Data subject
The data subject is any identified or identifiable natural person whose personal data will be processed by the data controller.
c) Processing
Processing is any process carried out with or without the aid of automation or any such procedure relating to personal data, such as the capture, collection, organization, classification, storage, adaptation or alteration, reading, querying, use, disclosure by transmission, dissemination or any other form of provision, matching or linking, restriction, erasure, or destruction of data.
d) Limitation of processing
The limitation of processing is the marking of stored personal data with the intention of limiting its processing in future.
e) Profiling
Profiling is any kind of automated processing of personal data, which includes the use of personal data to analyze specific personal aspects relating to a natural person, and in particular to analyze or predict aspects regarding work performance, economic situation, health, personal preferences, interests, reliability, conduct, place of residence, or relocation of this natural person.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be associated with a specific person without the inclusion of additional information, provided that such additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be associated with an identified or identifiable natural person.
g) Data controller or party responsible for data processing
The data controller or the party responsible for data processing is the natural or legal person, authority, agency, or other body that decides on the purpose and means of processing personal data, either alone or in conjunction with others. If the purpose and means of processing are specified by EU law or the law of the member states, the data controller and certain criteria may be specified under EU law or the law of the member states.
h) Data processor
The data processor is a natural or legal person, authority, agency, or other body that processes personal data on behalf of the data controller.
i) Recipient
The recipient is a natural or legal person, authority, agency, or other body to whom personal data is disclosed, irrespective of whether the data concerns a third party or not. Authorities that may receive personal data within the framework of a specific investigation order under EU law or the law of the member states are not, however, considered as recipients.
j) Third party
A third party is a natural or legal person, authority, agency, or other body other than the data subject, data controller, data processor, and those persons who are authorized to process the personal data under the direct responsibility of the data controller or the data processor.
k) Consent
Consent is any expression provided in an informed and unequivocal manner by the data subject, in the form of a declaration or any other unique affirmative action whereby the data subject makes it clear that they are in agreement with the processing of the personal data that concerns them.
2. NAME AND ADDRESS OF DATA CONTROLLER
The data controller, in the sense of the General Data Protection Regulation, any other data protection legislation applicable in the member states of the European Union and other regulations governing data protection, is:
SWAROVSKI OPTIK KG / SWAROVSKI OPTIK VertriebsGmbH
Customer Service
Daniel-Swarovski-Straße 70
6067 Absam
Austria
Telephone: 00800 3242 5056
Website: www.swarovskioptik.com
Email: privacy@swarovskioptik.com
3. COOKIES
SWAROVSKI OPTIK websites use cookies. Cookies are text files that are placed on a computer via a web browser and stored.
Many websites and servers use cookies. Cookies often contain a cookie ID. A cookie ID is a unique identifier for that cookie. It consists of a sequence of numbers that can be assigned to specific websites and servers via the web browser in which the cookie was saved. This allows the websites and servers visited to tell the difference between the individual browser of the data subject and other web browsers with different cookies. A specific web browser can be recognized and identified via the unique cookie ID.
Using cookies enables SWAROVSKI OPTIK to offer users of the website more user-friendly services, which would not be possible without setting cookies.
Cookies mean that information and offers on our website can be optimized to suit the user. Cookies enable us, as explained above, to recognize our website’s users. The purpose of this recognition is to make it easier for visitors to use our website. For example, visitors to a website that uses cookies do not have to enter their access information every time they visit the website, because that is taken care of by the website and the cookie stored on the user’s computer. Another example is the shopping cart cookie in an online shop. The online shop remembers the items that the customer has placed in their virtual shopping cart using a cookie.
The data subject can prevent our website from setting cookies at any time by changing the settings of the web browser, thus permanently preventing the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time using a web browser or another software program. This is possible in all current web browsers. If the data subject deactivates the setting of cookies in the web browser, it is possible that some functions of our website will not be available.
4. CAPTURE OF GENERAL DATA AND INFORMATION
The SWAROVSKI OPTIK website captures a range of general data and information every time the site is accessed by a data include: (1) the browser types and versions used, (2) the operating system used to access the site, (3) the website from which an accessing system was directed to our website (known as the referrer), (4) the sub-pages on our website to which an accessing system was directed, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the accessing system’s internet service provider, and (8) other similar data and information that may aid the security response in the event of any attack on our IT systems.
The use of this general data and information does not enable SWAROVSKI OPTIK to trace it back to the data subject. This information is actually needed to (1) correctly deliver our website content, (2) optimize our website content and advertising, (3) ensure the long-term functionality of our IT systems and the technology behind our website, and (4) provide the law enforcement agencies with the necessary information in the event of a cyber-attack. This anonymously collected data and information is therefore used by SWAROVSKI OPTIK for statistical purposes and furthermore analyzed for the purpose of increasing data protection and data security within our company to ensure an optimum 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.
6. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
The data controller may only process and store the data subject’s personal data for the period required to achieve the purpose of the storage or for as long as specified by European directives and legislation or in the laws or provisions of another legislator to which the data controller is subject.
If the purpose of the storage ceases to apply or if a storage period specified by European directives and legislation or another competent legislator expires, the personal data will be blocked or erased as a matter of routine and in accordance with the statutory provisions.
7. RIGHTS OF THE DATA SUBJECT
a) Right to confirmation
Each data subject is granted the right by European directives and legislation to request confirmation from the data controller of whether it has processed the personal data in question. If a data subject wishes to exercise this right to confirmation, they may contact our customer service team at any time.
b) Right to information
Any data subject affected by the processing of personal data has the right granted by European directives and legislation to obtain information from the data controller free of charge and at any time regarding the personal data held concerning them, and to receive a copy of this information. Furthermore, the European directives and legislation grant the data subject the right to the following information:
- the purpose of processing
- the categories of personal data to be processed
- the recipients or categories of recipients to which the personal data has been or will be disclosed, especially in the case of recipients in third-party 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 establishing that duration
- the existence of a right to rectification or erasure of your personal data or to limit its processing by the data controller or to withdraw consent to processing
- the existence of a right to complain to a supervisory body
- if the personal data is not collected from the data subject: all available information concerning the origin of the data
- the existence of automated decision-making and profiling in accordance with article 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved together with the scope and intended effects of such processing for the data subject
Furthermore, the data subject has a right to information on whether personal data has been transmitted to a third-party country or an international organization. If this is the case, the data subject also has the right to receive information on appropriate guarantees regarding that transmission.
If a data subject wishes to exercise this right to information, they may contact our customer service team at any time.
c) Right to rectification
Any data subject affected by the processing of personal data has the right granted by European directives and legislation to demand immediate rectification of any incorrect personal data held concerning them. Furthermore, the European directives and legislation grant the data subject the right to request completion of incomplete personal data – including by means of an additional declaration – taking into account the purpose of processing.
If a data subject wishes to exercise this right to rectification, they may contact our customer service team at any time.
d) Right to erasure (right to be forgotten)
Any data subject affected by the processing of personal data has the right granted by European directives and legislation to demand that the data controller immediately erases the personal data held concerning them, provided that one of the following reasons applies and processing is not a requirement:
- the personal data was collected for such purposes or processed in other ways for which it is no longer necessary.
- the data subject withdraws their consent, which forms the basis for processing in accordance with article 6 para. 1 section a GDPR or article 9 para. 2 section a GDPR, and there is no other legal basis for processing.
- the data subject objects to processing in accordance with article 21 para. 1 GDPR, and there are no overriding legitimate reasons for processing, or the data subject submits an objection to processing in accordance with article 21 para. 2 GDPR.
- the personal data was collected unlawfully.
- the erasure of personal data is required to fulfill a legal obligation under EU law or the law of the member states to which the data controller is subject.
- the personal data was collected in relation to the provision of information society services in accordance with article 8 para. 1 GDPR.
If one of the aforementioned reasons applies and a data subject wishes to have their personal data held by SWAROVSKI OPTIK erased, they may contact our customer service team at any time. They will arrange for the request for erasure to be fulfilled without delay.
e) Right to limit processing
Any data subject affected by the processing of personal data has the right granted by European directives and legislation to demand that the data controller limits processing, if one of the following conditions is met:
- the accuracy of the personal data is disputed by the data subject, over a period that enables the data controller to verify the accuracy of the personal data.
- processing is unlawful, the data subject declines to have their personal data erased and instead demands the limitation of the use of their personal data.
- the data controller no longer requires the personal data for the purpose of processing, but the data subject still needs it for the assertion, exercise, or defense of legal claims.
- the data subject objects to processing in accordance with article 21 para. 1 GDPR and it has not yet been established whether the data controller’s legitimate grounds outweigh those of the data subject.
If one of the aforementioned reasons applies and a data subject wishes to limit the processing of their personal data held by SWAROVSKI OPTIK, they may contact our customer service team at any time. They will then arrange the limitation of processing.
f) Right to data portability
Any data subject affected by the processing of personal data has the right granted by European directives and legislation to receive the personal data provided to the data controller by the data subject in a structured, accessible, and machine-readable format. The data subject furthermore has the right to transmit this data to another data controller without hindrance from the data controller to which the personal data was originally provided, provided that processing is based on consent in accordance with article 6 para. 1 section a GDPR or article 9 para. 2 section a GDPR or a contract in accordance with article 6 para. 1 section b GDPR and processing takes place by means of automated processes, provided that processing is not essential to the fulfillment of a task entrusted to the data controller and which is in the public interest or carried out by an official authority.
Furthermore, in exercising the right to data portability in accordance with article 20 para. 1 GDPR, the data subject has the right to request the direct transfer of personal data from one data controller to another, where this is technically possible and provided that this does not affect the rights and freedoms of others.
The data subject may contact our customer service team at any time to exercise their right to data portability.
g) Right to objection
Any data subject affected by the processing of personal data has the right granted by European directives and legislation to object to the processing of their personal data on the basis of article 6 para. 1 section e or f GDPR at any time, on grounds determined by their specific situation. This also applies to profiling based on this section.
In the event of an objection, SWAROVSKI OPTIK will no longer process personal data, unless we can evidence compelling grounds for processing that warrant protection, and which outweigh the interests, rights, and freedoms of the data subject or processing is required for the assertion, exercise, or defense of legal claims.
If SWAROVSKI OPTIK 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 purposes of such marketing. This also applies to profiling where this is directly linked to such direct marketing. If the data subject submits an objection to SWAROVSKI OPTIK regarding the processing of personal data for the purpose of direct marketing, SWAROVSKI OPTIk may no longer process personal data for this purpose.
Furthermore, the data subject has the right to object to the processing of personal data that is carried out by SWAROVSKI OPTIK for research or statistical purposes in accordance with article 89 para. 1 GDPR on grounds determined by their specific situation, unless such processing is necessary for the fulfillment of a task in the public interest.
The data subject may contact our customer service team at any time to exercise their right to objection.
h) Automated decision-making in individual cases, including profiling
Any data subject affected by the processing of personal data has the right granted by European directives and legislation not to be subject to a decision based solely on automated processing – including profiling – which has a legal effect against them or may have a similar significant effect, provided that the decision (1) is not necessary for the conclusion or fulfillment of a contract between the data subject and the data controller, or (2) is admissible under EU law or the law of the member states to which the data controller is subject and these legal provisions contain appropriate measures to safeguard the rights, freedoms, and legitimate interests of the data subject, or (3) is made with the express consent of the data subject.
If the decision is (1) necessary for the conclusion or fulfillment of a contract between the data subject and the data controller or (2) made with the express consent of the data subject, SWAROVSKI OPTIK will take appropriate measures to safeguard the rights, freedoms, and legitimate interests of the data subject, including at least the right to obtain intervention on the part of the data controller, to state their own viewpoint and to challenge the decision.
If a data subject wishes to exercise this right regarding automated decision-making, they may contact our customer service team at any time.
i) Right to withdraw consent under data protection law
Any data subject affected by the processing of personal data has the right granted by European directives and legislation to withdraw their consent to the processing of personal data at any time.
If a data subject wishes to exercise this right to withdraw consent, they may contact our customer service team at any time.
7. DATA PROTECTION FOR APPLICATIONS AND IN THE APPLICATION PROCESS
The data controller collects and processes personal data from applicants in order to carry out the application process. Data processing is carried out electronically. This is particularly the case if an applicant submits the appropriate application documents to the data controller electronically, for example by email. If the data controller concludes an employment contract with an applicant, the data transmitted for the purposes of establishing the employment relationship is stored subject to the statutory provisions. If no employment contract is concluded with the applicant, the application documents will be erased after notification of the rejection decision, unless the applicant wishes to see evidence of their data.
8. DATA PROTECTION RULES FOR THE IMPLEMENTATION AND USE OF GOOGLE ANALYTICS (WITH ANONYMIZATION FUNCTION)
The data controller has integrated Google Analytics components (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics is the capture, collection, and analysis of data on the behavior of visitors to websites. A web analytics service collects data such as the website from which a data subject accessed the website (known as the referrer), which sub-pages of the website were accessed, or how often and for how long a sub-page was viewed. Web analysis is primarily used to optimize a website and to produce a cost-benefit analysis of web advertising.
The Google Analytics component is operated by Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the “_gat._anonymizeIp” function of Google Analytics for web analytics. This function allows the IP address for the data subject’s web connection to be shortened and anonymized by Google if access to our website is from an EU member state or another state that is party to the European Economic Area agreement.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the collected data and information for purposes including analyzing how our website is used, to draw up online reports for us showing activity on our websites, and to provide services in conjunction with the use of our website.
Google Analytics sets a cookie on the data subject’s IT system. An explanation of what cookies are can be found above. Google uses cookies to enable the analysis of the use of our website. For each visit to the individual pages of this website, operated by the data controller and on which a Google Analytics component is integrated, the web browser on the data subject’s IT system is automatically prompted by the relevant Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the data subject, which Google will use for purposes such as determining the origin of visitors and clicks and subsequently making commission calculations.
The cookies store personal data such as access time, place from which the site is accessed, and the frequency of visits to our website by the data subject. For each visit to our website, this personal data, including the IP address of the data subject’s web connection, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Under some circumstances, this personal data collected through the technical process may be passed to third parties by Google.
The data subject can prevent our website from setting cookies as described above at any time by changing the settings of the web browser, thus permanently preventing the setting of cookies. This setting in the web browser would also prevent Google from setting a cookie on the data subject’s IT system. Furthermore, cookies that have already been set by Google Analytics can be deleted at any time using a web browser or another software program.
Furthermore, the data subject has the opportunity to object to and prevent the capture of the data generated by Google Analytics based on the use of this website and the processing of this data by Google. To do this, the data subject must download and install a browser add-on from https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to enable Google Analytics to confirm that no data and information on visitors can be transmitted from websites to Google Analytics. Installation of the browser add-on is regarded by Google as an objection. If the data subject’s IT system is subsequently erased, reformatted, or reinstalled, the data subject must reinstall the browser add-on in order to disable Google Analytics. If the browser add-on is uninstalled or disabled by the data subject or another person acting on the authorization of the data subject, it is possible to reinstall or re-enable the browser add-on.
Further information and the relevant privacy policy from Google can be viewed at https://policies.google.com/privacy and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in greater detail here: https://www.google.com/analytics/#?modal_active=none.