Data protection

1. General
We attach great importance to data privacy. Your personal data is gathered and processed taking into account current data protection regulations, in particular the Swiss data protection law and the General Data Protection Regulation (GDPR). We are diligent in observing these regulations. Personal data are treated with strict confidentiality and are not sold or passed on to third parties.
If you provide us with personal data belonging to somebody else (e.g. family members, work colleagues, etc.), please ensure that these individuals are aware of this privacy policy and only share their personal data with us if you have their permission and said personal data are correct.

2. Responsible data protection coordination office
The data on this website is processed by the website operator. The data controller is Thermoplan AG, Thermoplan-Platz 1, 6353 Weggis, Switzerland.
Email address: thermoplan@thermoplan.ch

3. What data we use and why
On the one hand, we gather the data that you share with us when registering as a user. These can be, for example, data that you enter in a contact form. Other data are automatically collected by our IT systems when visiting the website. These are above all technical data (e.g. Internet browser, operating system or time of visit).
Some of the data are gathered to ensure that the website runs smoothly. These are above all technical data (e.g. Internet browser, operating system or time of visit). Other data can be used to analyse user behaviour.

4. Data collection on our website
4.1 Cookies
Websites sometimes use cookies. Cookies do not harm your computer and do not contain viruses. The purpose of cookies is to make our site more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and are saved by your browser. Most of the cookies we use are known as “session cookies”. They are automatically deleted at the end of your visit. Other cookies are saved on your end device until you delete them. These cookies enable us to recognise your browser when you visit our site again. You can set your browser to inform you about the use of cookies and only enable cookies in particular cases, accept them for certain cases or generally exclude them, as well as delete them automatically when you close your browser. If cookies are deactivated, this may restrict the functions of this website. Cookies, which are necessary for online communication or to carry out certain functions that you require (e.g. the shopping basket function), are saved in accordance with art. 6 (1) (f) GDPR. The website operator has a legitimate interest in saving cookies in order to provide an optimised, error-free service. If other cookies (e.g. cookies to analyse your browsing behaviour) are saved, they will be handled separately in this privacy policy.
The following data and information is saved in the cookies:

• log-in information
• language settings
• search terms entered
• information on the number of items our website has been called up as well as the use of individual functions on our site

You can set your browser so that you are previously informed about the use of cookies and can decide in particular cases whether to accept them or generally exclude them, or to impede the use of cookies entirely. This may prevent the website from working properly.

4.2 Server log files
The website provider gathers and saves information automatically in server log files, which your browser automatically sends to us. This particularly includes:

• browser type and browser version
• operating system used
• HTTP referrer
• host name of the computer accessing the site
• time of the server request
• IP address

These data are not combined with other data sources.
These data are gathered in accordance with art. 6 (1) (f) GDPR. The website operator has a legitimate interest in running an error-free, optimised website and for this reason server log files must be gathered.
We use these log data without any reference to you as an individual and without creating any other profile, merely for statistical analyses for the purpose of operating and optimising the website and keeping it secure. We also use them to anonymously record the number of visitors to our website (traffic) and information on the scope and type of use of our website and services, as well as for calculation purposes to be able to measure the number of clicks obtained from co-operation partners. Based on this information, we can provide customised, location-based contents and analyse data traffic, look for and remedy errors and improve our services.

4.3 Contact form
If you send us any queries using our contact form, your information from the form, including your contact details, will be used to process the query and shall be stored by us in case any subsequent queries should arise. We will not pass on these data without your consent. The data entered in the contact form will only be processed with your consent (art. 6 (1) (a) GDPR). You can withdraw your consent at any time (see clause 6.7). The data that you enter in the contact form will remain with us until you request that we erase them or you withdraw your consent for them to be stored, or until the reason for storing them no longer applies (e.g. once your query has been processed). Mandatory legal provisions – particularly retention periods – shall remain unaffected.

4.4 Queries by email or telephone
When you contact us by email or telephone, your query is saved and processed along with all resulting personal data (name, query) in order to handle your request. We will not pass on these data without your consent. These data are processed in accordance with art. 6 (1) (b) GDPR insofar as your query is related to the fulfilment of a contract or it is necessary in order to implement precontractual measures. In all other cases the data are processed based on your consent (art. 6 (1) (a) GDPR) and/or our legitimate interests (art. 6 (1) (f) GDPR), as we have a legitimate interest in the effective processing of queries that are directed at us. The data that you submit to us in the contact form will remain with us until you request that we erase them or you withdraw your consent for them to be stored, or until the reason for storing them no longer applies (e.g. once your query has been processed). Mandatory legal provisions – particularly statutory retention periods – shall remain unaffected.

4.5 Registration for our Newsletter
On our website you have the possibility to subscribe to our newsletter. Registration is required for this. The following data must be provided as part of the registration: Salutation, first and last name, e-mail address. The above data is necessary for data processing. In addition, you can voluntarily indicate your country. We process this data exclusively in order to personalise the information and offers sent to you and to better align them to your interests.

By registering, you give us your consent to process the data provided for the regular dispatch of the newsletter to the address you have provided and for the statistical evaluation of user behaviour and the optimisation of the newsletter. This consent constitutes our legal basis for the processing of your e-mail address within the meaning of Art. 6 para. 1 lit. a DSGVO. We are entitled to commission third parties with the technical processing of advertising measures and are entitled to pass on your data for this purpose (cf. under point 3).

At the end of each newsletter you will find a link that allows you to unsubscribe from the newsletter at any time. After unsubscribing, your personal data will be transferred to unsubscribe. Further processing only takes place in anonymised form to optimise our newsletter. We expressly draw your attention to the data analyses in the context of sending the newsletter (see under point 9.). Consent for the use of personalised data is only required for the newsletter and for no other purposes, such as mailing or online advertising.

5. Google Services
5.1 Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. In the event that IP anonymization is activated on this website, however, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin for Chrome available at the following link. Available browser plugin for Chrome download and install.

You can prevent the collection by Google Analytics by clicking on the following link. An opt-out cookie will be set that will prevent future collection of your data when visiting this website: Disable Google Analytics (For all browsers).

For more information on terms of use and data protection, please visit https://marketingplatform.google.com/about/analytics/terms/us/  or https://policies.google.com/terms?hl=en. We would like to point out that on this website Google Analytics has been extended by the code "anonymizeIp" to ensure anonymized collection of IP addresses (so-called IP masking).

5.2 Privacy policy for the use of YouTube
Functions of the YouTube service are integrated on our pages. These functions are offered by YouTube, LLC 901 Cherry Ave. San Bruno, CA 94066 USA. If you click the YouTube "subscribe" button while logged into your YouTube account, you can link the content of our pages on your YouTube profile. This allows YouTube to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by YouTube. For more information, please refer to the privacy policy of YouTube (respectively Google) at https://policies.google.com/privacy.

6. Your rights concerning your data
6.1 General information
You may at any time and free of charge request information on the origin, recipients and purpose of your stored personal data. Furthermore, you are entitled to request that said data be amended, blocked or deleted, or to lodge an appeal against the processing of said data. You can submit any queries regarding this matter or the subject of data protection at any time to the address provided in clause 2. Moreover, you have the right to appeal to the responsible supervisory body. Under certain circumstances, you are also entitled to demand that the processing of your personal data be restricted. 

However, please bear in mind that we reserve the right to apply the restrictions as set out by law if we are obliged to store or process certain data, have a major interest in said data (insofar as we are able to refer to them) or need them to assert claims. Should this incur any costs, we will inform you in advance. Please bear in mind that exercising these rights may come into conflict with contractual agreements and may lead to, for example, early termination of the contract or financial consequences. In this case we will notify you in advance if it is not already governed by the contract.

The exercise of such rights generally requires you to clearly prove your identity (e.g. with a copy of your ID if your identity is not clear or cannot be verified otherwise). To enforce your rights you can contact us at the address provided in clause 2.

Moreover, anyone who is affected has the right to legally enforce their claims or to lodge a complaint with the responsible data protection authorities. The authority responsible for data protection in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

6.2 Right to confirmation/information
You have the right to receive clear information on the processing of your personal data.

You are entitled at any time to receive confirmation from us as to whether your personal data are processed. Should this be the case, you have the right to request information from us free of charge regarding the personal data stored, along with a copy of said data.

Furthermore, you have a right to the following information: why said data is processed; the categories of personal data that are processed; the recipients or categories of recipients whom these personal data have been disclosed to or will be disclosed to, particularly in the case of third party countries or international organisations; if possible, the period of time during which the personal data is intended to be stored or, if this is not possible, the criteria for establishing this period; the existence of a right to amend or erase the personal data that concerns you or to restrict processing thereof, or a right to object to said processing; the existence of a right to lodge a complaint with a supervisory body; if you do not store the personal data, all available information on the origin of the data; the existence of an automated decision-making process including profiling in accordance with art. 22 (1) and (4) GDPR and – at least in these cases – significant information on the logic involved and the scope and intended effects of such processing for you.

If personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards in accordance with art. 46 GDPR in connection with said transfer.

6.3 Right to rectification
You are entitled to request that we rectify and if necessary complete your personal data.

You have the right to request that we immediately rectify any incorrect personal data. Taking into account the purpose of the processing, you have the right to request the completion of incomplete personal data, also via an additional explanation.

6.4 Right to erasure
In a number of cases we are obliged to erase your personal data.

According to art 17 (1) GDPR you have the right to request that your personal data be immediately erased, and we are obliged to immediately erase personal data in the following cases:

1. If the personal data are no longer needed for the purpose for which they were stored or otherwise processed.
2. If you withdraw your consent to their processing in accordance with art (6) (1) (a) GDPR or art. 9 (2) (a) GDPR and there is no other legal basis for them to be processed.
3. You raise an objection against their processing in accordance with art. 21 (1) GDPR and there are no overriding legitimate reasons for their processing, or you raise an objection against said processing in accordance with art. 21 (2) GDPR.
4. Your personal data were processed unlawfully.
5. The deletion of personal data is required to fulfil a legal obligation according to the European Union law or the law of the member states that we are subject to.
6. The personal data were gathered in relation to the offer of information society services in accordance with art. 8 (1) GDPR.

6.5 Right to restricted processing
You have the right to demand that the processing of your personal data be restricted. You can contact us regarding this matter at any time via the address provided in clause 2. The right to restricted processing applies in the following cases:

1. When you dispute the accuracy of the personal data stored by us we generally need time to verify this. For the duration of said verification, you have the right to demand that the processing of your personal data be restricted.
2. If your personal data is being/has been processed unlawfully, you can request that processing be restricted instead of the data being erased.
3. When we no longer need your personal data, however, you need them to be able to exercise, defend or assert legal claims, you are entitled to request that their processing be restricted instead of the data being erased.
4. If you have raised an objection in accordance with art. 21 (1) GDPR, your interests and ours must be weighed up. If it is impossible to establish whose interests override whose, you have the right to demand that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, said data – apart from your own storage thereof – may only be processed with your consent or in order to assert, exercise or defend legal claims or to protect the rights of individuals or legal entities, or for reasons of significant public interest of the European Union or a member state.

6.6 Right to object
You also have the right to object to our lawful processing of your personal data for reasons arising from your personal situation and whereby such interests are not overridden by our interests in their processing.

You are entitled, for reasons arising from your particular situation, to object to the processing of your personal data at any time in accordance with art. 6 (1) (e) or (f) GDPR; this also applies to profiling supported by these provisions. We shall no longer process the personal data unless there are compelling legitimate grounds to do so, which override your interests, rights and freedoms, or whereby the purpose of said processing is to assert, exercise or defend legal claims.

For reasons arising from your particular situation, you are entitled to object to the processing of your personal data for scientific or statistical purposes in accordance with art. 89 (1) GDPR, unless said processing is necessary to perform a duty which lies in the public interest.

6.7 Right to withdraw consent
You have the right to withdraw consent to the processing of your personal data at any time. To do so, you simply need to send an email to the contact address provided in clause 4.5. The legitimacy of the data processing performed until said withdrawal shall remain unaffected.

6.8 Right to data portability
You have the right to have any data that we process based on your consent or in order to fulfil a contract delivered to yourself or a third party in a common, machine-readable format. If you request that the data be directly sent to another responsible party, this may only take place if it is technically possible.

6.9 Right to file a complaint with a supervisory body
Furthermore, you are entitled to submit complaints to the responsible supervisory body, particularly in your usual country of residence pertaining to the EU or the place in which the alleged breach took place, if you are of the opinion that the processing of your personal data is in breach of the GDPR.

7. Transfer of data to other countries
As a general rule, we only use your personal data within our company. If and to the extent that we involve third parties in the fulfilment of contracts (such as logistics service providers), they shall only receive said personal data to the extent required to provide their service. In the event that we should outsource certain parts of our data processing (“order processing”), we shall oblige the order processors to use the personal data in accordance with the requirements of the data protection laws and to guarantee that the rights of the person concerned are protected.

8. Data security (SSL and TLS encryption)
For security reasons and to protect the transfer of confidential contents, such as orders or queries that you send to us as the operator of the website, this website uses SSL and TLS encryption. You can recognise an encrypted connection in that the address line in the browser changes from “http://” to “https://” and by the lock symbol in the URL bar.

When SSL and TSL encryption is active, the data that you convey to us cannot be read by third parties.

9. Retention period of personal data
We process and save your personal data for as long as it is necessary to perform our contractual and legal duties or the purposes intended by said processing, that is, for the duration of the entire business relationship (from being a prospective client to handling your query or order and through to the finalisation of a contract), as well as in accordance with legal retention and documentation obligations beyond said relationship. In doing so, it is possible that personal data are stored for the time in which claims against our company may be asserted and insofar as we are otherwise legally obliged or legitimate business interests require it (e.g. for verification and documentation purposes). As soon as your personal data are no longer needed for the above-mentioned purposes, they shall be deleted or anonymised as far as possible.

In the case of operational data (e.g. system logs), shorter retention periods of twelve months or less generally apply.

10. Changes to the privacy policy
We can modify this privacy policy at any time without notice. The valid version is that which is published on our website at any given time.