Privacy Policy

Personal data (hereinafter mostly referred to simply as “data”) is processed by us only to the extent necessary and for the purpose of providing a functional and user-friendly website, including its content and the services offered there.

Pursuant to Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to only as “GDPR”), “processing” refers to any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

With the following privacy policy, we inform you in particular about the type, scope, purpose, duration and legal basis for the processing of personal data, insofar as we alone or jointly with others determine the purposes and means of such processing. We also inform you below about the third-party components we use for optimisation purposes and to improve the quality of use, insofar as this results in third parties processing data under their own responsibility.

Our privacy policy is structured as follows:

I. Information about us as controller
II. Rights of users and data subjects
III. Information on data processing

I. Information about us as controller

The controller responsible for this website within the meaning of data protection law is:

GiaMax GmbH
Riedhofstrasse 65
8408 Winterthur

Tel: 052 224 77 00
Email: info@giamax.ch

The data protection officer at the provider is:

Managing Directors: Gianfranco Cirillo, Massimo Moscara

II. Rights of users and data subjects

With regard to the data processing described in more detail below, users and data subjects have the right

to confirmation of whether data concerning them is being processed, to information about the data processed, to further information about the data processing, and to copies of the data (see also Art. 15 GDPR);
to correction or completion of incorrect or incomplete data (see also Art. 16 GDPR);
to prompt erasure of data concerning them (see also Art. 17 GDPR), or, alternatively, insofar as further processing is necessary pursuant to Art. 17(3) GDPR, to restriction of processing pursuant to Art. 18 GDPR;
to receive data concerning them that they have provided, and to have that data transmitted to other providers/controllers (see also Art. 20 GDPR);
to lodge a complaint with the supervisory authority, if they believe that data concerning them is being processed by the provider in violation of data protection law (see also Art. 77 GDPR).

Furthermore, the provider is obliged to inform all recipients to whom data has been disclosed by the provider of any correction or erasure of data or restriction of processing carried out pursuant to Articles 16, 17(1), and 18 GDPR. However, this obligation does not apply if such notification proves impossible or involves disproportionate effort. Notwithstanding this, the user has the right to be informed of these recipients.

Users and data subjects also have the right under Art. 21 GDPR to object to the future processing of data concerning them, insofar as the data is processed by the provider pursuant to Art. 6(1)(f) GDPR. In particular, an objection to data processing for the purposes of direct marketing is permissible.

III. Information on data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose of storage no longer applies, provided that deletion of the data does not conflict with any statutory retention obligations, and unless otherwise stated below for individual processing procedures.

Server data

For technical reasons, in particular to ensure a secure and stable website, data is transmitted by your internet browser to us or to our web space provider. This so-called server log file data includes, among other things, the type and version of your internet browser, the operating system, the website from which you accessed our website (referrer URL), the website(s) of our site that you visit, the date and time of each access, and the IP address of the internet connection from which our website is accessed.

This data collected in this way is stored temporarily, but not together with any other data of yours.

This storage takes place on the legal basis of Art. 6(1)(f) GDPR. Our legitimate interest lies in improving the stability, functionality and security of our website.

The data is deleted after seven days at the latest, unless further storage is required for evidentiary purposes. Otherwise, the data is wholly or partially exempt from deletion until the incident in question has been finally clarified.

Cookies

a) Session cookies

We use so-called cookies on our website. Cookies are small text files or other storage technologies that are placed and stored on your device by the internet browser you use. These cookies process certain information about you to varying degrees, such as your browser or location data or your IP address.

This processing makes our website more user-friendly, effective and secure, as it enables, for example, the display of our website in different languages or the provision of a shopping cart function.

The legal basis for this processing is Art. 6(1)(b) GDPR, insofar as these cookies process data for the initiation or performance of a contract.

If the processing does not serve the initiation or performance of a contract, our legitimate interest lies in improving the functionality of our website. In that case, the legal basis is Art. 6(1)(f) GDPR.

These session cookies are deleted when you close your internet browser.

b) Third-party cookies

Where applicable, cookies from partner companies with whom we cooperate for advertising, analysis, or functionality purposes are also used on our website.

Please refer to the information below for details, in particular regarding the purposes and legal bases for the processing of such third-party cookies.

c) Removal options

You can prevent or restrict the installation of cookies through a setting in your internet browser. You can also delete cookies that have already been stored at any time. However, the steps and measures required to do so depend on the specific internet browser you use. If you have any questions, please use the help function or documentation of your internet browser, or contact its manufacturer or support. However, for so-called flash cookies, processing cannot be prevented via the browser settings. Instead, you must change the settings of your Flash Player. Here too, the steps and measures required depend on the specific Flash Player you use. If you have any questions, please use the help function or documentation of your Flash Player, or contact the manufacturer or user support.

If you prevent or restrict the installation of cookies, this may result in not all functions of our website being fully usable.

Contract processing

The data you transmit to us in order to make use of our range of goods and/or services is processed by us for the purpose of contract processing and is necessary for this purpose. Concluding and processing the contract is not possible without providing your data.

The legal basis for this processing is Art. 6(1)(b) GDPR.

We delete the data once the contract has been fully processed, while observing the applicable statutory retention periods under tax and commercial law.

As part of contract processing, we pass on your data to the transport company commissioned with the delivery of goods or to the financial service provider, insofar as this disclosure is necessary for the delivery of goods or for payment purposes.

The legal basis for disclosing the data in this case is Art. 6(1)(b) GDPR.

Customer account / registration function

If you create a customer account with us via our website, we will collect and store the data you enter during registration (e.g. your name, address, or email address) exclusively for pre-contractual services, for the performance of the contract, or for the purpose of customer care (e.g. to provide you with an overview of your previous orders with us or to offer you the so-called wish list function). At the same time, we then store the IP address and the date and time of your registration. This data will of course not be passed on to third parties.

In the course of the further registration process, your consent to this processing will be obtained and reference will be made to this privacy policy. The data collected by us in this context will be used exclusively for the provision of the customer account.

Insofar as you consent to this processing, Art. 6(1)(a) GDPR is the legal basis for the processing.

Insofar as the opening of the customer account also serves pre-contractual measures or the performance of a contract, Art. 6(1)(b) GDPR is also the legal basis for this processing.

You may revoke your consent to the opening and maintenance of the customer account at any time with effect for the future in accordance with Art. 7(3) GDPR. To do so, you simply need to notify us of your revocation.

The data collected in this regard will be deleted as soon as processing is no longer necessary. However, we must observe statutory retention periods under tax and commercial law.

Credit check and scoring

Insofar as we generally offer you the option of payment by invoice as part of our range of goods or services and you make use of this option, we reserve the right to obtain a credit report from a credit agency (such as Creditreform, Schufa, Bürgel or infoscore) based on mathematical-statistical methods. For this purpose, your data relevant to the contract, such as your name and address, will be forwarded to the credit agency. We use the resulting information on the statistical probability of a payment default for our decision as to whether to offer you payment by invoice.

The legal basis for this processing is our legitimate interest in the security of the receivable pursuant to Art. 6(1)(f) GDPR.

If you subscribe to our free newsletter, the data requested for this purpose, i.e. your email address as well as – optionally – your name and address, will be transmitted to us. At the same time, we store the IP address of the internet connection from which you access our website, as well as the date and time of your registration. In the course of the further registration process, we will obtain your consent to the sending of the newsletter, describe its content specifically, and refer to this privacy policy. The data collected in this context is used exclusively for sending the newsletter – it is therefore in particular not passed on to third parties.

The legal basis for this is Art. 6(1)(a) GDPR.

You may revoke your consent to receiving the newsletter at any time with effect for the future in accordance with Art. 7(3) GDPR. To do so, you simply need to notify us of your revocation or click the unsubscribe link included in every newsletter.

Contact inquiries / ways to contact us

If you contact us via the contact form or by email, the data you provide will be used to process your inquiry. Providing this data is necessary to process and respond to your inquiry – without it, we may not be able to answer your inquiry, or only to a limited extent.

The legal basis for this processing is Art. 6(1)(b) GDPR.

Your data will be deleted once your inquiry has been fully answered and provided that deletion does not conflict with any statutory retention obligations, such as those arising from any subsequent contract processing.

User contributions, comments and reviews

We offer you the opportunity to publish questions, answers, opinions or reviews, hereinafter referred to only as “contributions”, on our website. If you make use of this offer, we will process and publish your contribution, the date and time of submission, and any pseudonym you may have used.

The legal basis for this is Art. 6(1)(a) GDPR. You may revoke your consent at any time with effect for the future in accordance with Art. 7(3) GDPR. To do so, you simply need to notify us of your revocation.

In addition, we also process your IP address and email address. The IP address is processed because we have a legitimate interest in initiating or supporting further steps should your contribution infringe the rights of third parties and/or otherwise be unlawful.

In this case, the legal basis is Art. 6(1)(f) GDPR. Our legitimate interest lies in any necessary legal defence.

Subscribing to contributions

If you publish contributions on our website, we also offer you the option of subscribing to any subsequent contributions from third parties. In order to be able to inform you of these subsequent contributions by email, we process your email address.

The legal basis for this is Art. 6(1)(a) GDPR. You may revoke your consent to this subscription at any time with effect for the future in accordance with Art. 7(3) GDPR. To do so, you simply need to notify us of your revocation or click the unsubscribe link included in the respective email.

Online job applications / publication of job advertisements

We offer you the option of applying to us via our website. In the case of these digital applications, your applicant and application data is electronically collected and processed by us to carry out the application process.

The legal basis for this processing is Section 26(1) sentence 1 BDSG in conjunction with Art. 88(1) GDPR.

If an employment contract is concluded following the application process, we will store the data you provided during the application in your personnel file for the purpose of the usual organisational and administrative process – naturally in compliance with further legal obligations.

The legal basis for this processing is likewise Section 26(1) sentence 1 BDSG in conjunction with Art. 88(1) GDPR.

If an application is rejected, we automatically delete the data submitted to us two months after notification of the rejection. However, deletion will not take place if the data is required for a longer storage period of up to four months, or until the conclusion of legal proceedings, due to statutory provisions, e.g. arising from evidentiary obligations under the AGG (German General Equal Treatment Act).

In this case, the legal basis is Art. 6(1)(f) GDPR and Section 24(1) No. 2 BDSG. Our legitimate interest lies in legal defence or enforcement.

Insofar as you expressly consent to longer storage of your data, e.g. for inclusion in an applicant or candidate database, the data will continue to be processed on the basis of your consent. In that case, the legal basis is Art. 6(1)(a) GDPR. You may, of course, revoke your consent at any time with effect for the future by notifying us in accordance with Art. 7(3) GDPR.

Linking to social media via graphic or text link

We also promote our presence on the social networks listed below on our website. This is done by means of a linked graphic of the respective network. The use of this linked graphic prevents an automatic connection from being established to the respective server of the social network when a website featuring social media promotion is accessed, in order to display a graphic of that network itself. Only by clicking on the corresponding graphic is the user forwarded to the service of the respective social network.

After the user is redirected, the respective network collects information about the user. It cannot be ruled out that the data collected in this way is processed in the USA.

This initially includes data such as IP address, date, time and the page visited. If the user is logged into their account with the respective network at the time, the network operator may be able to assign the collected information about the specific visit to the user’s personal account. If the user interacts via a “share” button of the respective network, this information may be stored in the user’s personal account and possibly published. If the user wishes to prevent the collected information from being directly linked to their account, they must log out before clicking on the graphic. In addition, it is possible to configure the respective user account accordingly.

The following social networks are integrated into our site via linking:

Pinterest Inc., 651 Brannan Street, San Francisco, CA, 94107, USA.

YouTube

Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA

“Twitter” social plug-in

Our website uses the plug-in of the social network Twitter. Twitter is an internet service provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA, hereinafter referred to only as “Twitter”.

The legal basis is Art. 6(1)(f) GDPR. Our legitimate interest lies in improving the quality of our website.

If the plug-in is embedded on one of the pages of our website that you visit, your internet browser downloads a representation of the plug-in from Twitter’s servers in the USA. For technical reasons, it is necessary for Twitter to process your IP address. In addition, the date and time of your visit to our website are also recorded.

If you are logged into Twitter while visiting one of our websites featuring the plug-in, the information collected by the plug-in regarding your specific visit will be recognised by Twitter. Twitter may assign the information collected in this way to your personal user account there. If, for example, you use Twitter’s so-called “share” button, this information will be stored in your Twitter user account and may be published via the Twitter platform. If you wish to prevent this, you must either log out of Twitter before visiting our website or make the appropriate settings in your Twitter user account.

Further information on the collection and use of data as well as your related rights and options for protecting your privacy is available in Twitter’s privacy notices at

https://twitter.com/privacy

Web analytics etracker

Our website uses etracker. This is a web analytics service provided by etracker GmbH, Erste Brunnenstr. 1, 20459 Hamburg, hereinafter referred to only as “etracker”.

etracker is used by us to analyse the usage behaviour of our website. The legal basis is Art. 6(1)(f) GDPR. Our legitimate interest lies in the analysis, optimisation and economic operation of our website.

To analyse usage behaviour, etracker stores cookies via your internet browser on your device and creates a pseudonymous usage profile. However, the data processed in this way is not used to personally identify you without your separate consent. Nor is this data combined with other personal data.

If you do not agree with this processing, you have the option of preventing the storage of the cookie through a setting in your internet browser. For more information, please see “Cookies” above.

In addition, you have the option of ending the analysis of your usage behaviour by way of opting out. By confirming the link

http://www.etracker.de/privacy?et=V23Jbb

a cookie will be stored on your device via your internet browser, preventing further analysis. Please note, however, that you must click the above link again if you delete the cookies stored on your device.

Web analytics Hotjar

Our website uses Hotjar. This is a web analytics service provided by Hotjar Ltd., Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe, hereinafter referred to only as “Hotjar”.

Hotjar is used by us to analyse the usage behaviour of our website. The legal basis is Art. 6(1)(f) GDPR. Our legitimate interest lies in the analysis, optimisation and economic operation of our website.

Hotjar allows us to log and evaluate your usage behaviour on our website, such as your mouse movements or mouse clicks. However, your visit to our website is anonymised in the process. In addition, Hotjar evaluates information about your operating system, your internet browser, incoming or outgoing referrals (“links”), your geographical origin, and the type and triggering of the device you use, and compiles this for statistical purposes. Hotjar can also obtain direct feedback from you. Hotjar also provides further data protection information at

https://www.hotjar.com/privacy

In addition, you have the option of ending the analysis of your usage behaviour by way of opting out. By confirming the link

https://www.hotjar.com/opt-out