Privacy Policy FMS

With this data protection declaration, we inform you which personal data we process in connection with our activities and operations, including our www.fms-technology.com-Website. In particular, we provide information on what personal data we process, for what purpose, how and where. We also provide information about the rights of persons whose data we process.

For individual or additional activities and operations, further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply.

We are subject to Swiss data protection law and any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognises that Swiss data protection law ensures adequate data protection.

1. contact addresses

Responsibility for the processing of personal data:

FMS Force Measuring Systems AG
Aspstrasse 6
CH-8154 Oberglatt
Switzerland

infofms-technologycom

We point out if there are other persons responsible for processing personal data in individual cases.

The following companies and websites are within the scope of this privacy policy:

FMS Force Measuring Systems AG, Oberglatt
FMS USA, Inc., Hoffman Estates

https://www.fms-technology.com/
https://fms-qr.com
https://segforce.fms-technology.com
https://calculator.fms-technology.com

 

2. Terms and legal bases

2.1 Terms

Personal data is any information relating to an identified or identifiable natural person. A data subject is a person about whom we process personal data.

Processing includes any handling of personal data, regardless of the means and procedures used, such as retrieving, matching, adapting, archiving, storing, reading, disclosing, procuring, recording, collecting, deleting, disclosing, arranging, organising, storing, modifying, disseminating, linking, destroying and using personal data.

The European Economic Area (EEA) comprises the member states of the European Union (EU) as well as the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

2.2 Legal bases

We process personal data in accordance with Swiss data protection law, such as in particular the Federal Data Protection Act (FADP) and the Ordinance on Data Protection (FADP).

We process personal data - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with at least one of the following legal bases:

Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.

Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the fulfilment of a contract with the data subject as well as for the implementation of pre-contractual measures.

Article 6 para. 1 lit. c of the GDPR for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of member states in the European Economic Area (EEA).

Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task that is in the public interest.

Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.

Art. 6 para. 1 lit. d DSGVO for the necessary processing of personal data to protect vital interests of the data subject or another natural person.

3. Type, Scope and Purpose

We process those personal data that are necessary to be able to carry out our activities and operations in a permanent, user-friendly, secure and reliable manner. Such personal data may in particular fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales data and contract and payment data.

We process personal data for the duration that is required for the respective purpose(s) or by law. Personal data whose processing is no longer required is anonymised or deleted.

We may have personal data processed by third parties. We may process personal data jointly with third parties or transmit it to third parties. Such third parties are, in particular, specialised providers whose services we use. We also guarantee data protection for such third parties.

As a matter of principle, we only process personal data with the consent of the persons concerned. If and insofar as the processing is permitted for other legal reasons, we may waive the requirement to obtain consent. For example, we may process personal data without consent in order to fulfil a contract, to comply with legal obligations or to protect overriding interests.

In this context, we process in particular information that a data subject voluntarily provides to us when contacting us - for example, by letter, email, instant messaging, contact form, social media or telephone - or when registering for a user account. We may store such information, for example, in an address book, in a customer relationship management system (CRM system) or with comparable tools. If we receive data about other persons, the transmitting persons are obliged to ensure data protection vis-à-vis these persons and to ensure the accuracy of this personal data.

We also process personal data that we receive from third parties, obtain from publicly available sources or collect in the course of our activities and operations, if and to the extent that such processing is permitted for legal reasons.

4. Personal data abroad

We process personal data in Switzerland and in the European Economic Area (EEA). However, we may also export or transfer personal data to other countries, in particular in order to process it or have it processed there.

We may export personal data to all states and territories on earth as well as elsewhere in the universe, provided that the law there ensures adequate data protection in accordance with the decision of the Swiss Federal Council and - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with the decision of the European Commission.

We may transfer personal data to countries whose law does not guarantee adequate data protection, provided that data protection is guaranteed for other reasons, in particular on the basis of standard data protection clauses or with other suitable guarantees. Exceptionally, we may export personal data to countries without adequate or appropriate data protection if the special data protection requirements are met, for example the express consent of the data subjects or a direct connection with the conclusion or performance of a contract. We will be happy to provide data subjects with information about any guarantees or a copy of any guarantees on request.

5. Rights of data subjects

5.1 Data protection rights

We grant data subjects all rights under applicable data protection law. In particular, data subjects have the following rights:

Information: Data subjects can request information as to whether we process personal data about them and, if so, what personal data is involved. Data subjects also receive the information necessary to assert their data protection rights and to ensure transparency. This includes the personal data processed as such, but also, among other things, information on the purpose of processing, the duration of storage, any disclosure or export of data to other countries and the origin of the personal data.

Correction and restriction: Data subjects can have incorrect personal data corrected, incomplete data completed and the processing of their data restricted.

Deletion and objection: Data subjects can have personal data deleted ("right to be forgotten") and object to the processing of their data with effect for the future.

Data release and data transfer: Data subjects may request the surrender of personal data or the transfer of their data to another data controller.

We may suspend, restrict or refuse the exercise of the rights of data subjects to the extent permitted by law. We can draw the attention of data subjects to any requirements that must be met in order to exercise their rights under data protection law. For example, we may refuse to provide information in whole or in part with reference to business secrets or the protection of other persons. We may also, for example, refuse to delete personal data in whole or in part with reference to statutory retention obligations.

We may exceptionally provide for costs for the exercise of rights. We inform affected persons in advance of any costs.

We are obliged to take reasonable steps to identify data subjects who request information or assert other rights. Data subjects are obliged to cooperate.

5.2 Right of complaint

Data subjects have the right to enforce their data protection claims through legal channels or to lodge a complaint with a competent data protection supervisory authority.

The data protection supervisory authority for private data controllers and federal bodies in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

Data subjects have - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - the right to lodge a complaint with a competent European data protection supervisory authority.

6. Data security

We take suitable technical and organisational measures to ensure data security appropriate to the respective risk. However, we cannot guarantee absolute data security.

Access to our website is via transport encryption (SSL/ TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

Our digital communication is subject - like all digital communication in principle - to mass surveillance without cause or suspicion and other monitoring by security authorities in Switzerland, the rest of Europe, the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

7. Use of the website

7.1 Cookies

We may use cookies. Cookies - our own cookies (first-party cookies) as well as cookies from third parties whose services we use (third-party cookies) - are data that are stored in the browser. Such stored data need not be limited to traditional cookies in text form.

Cookies can be stored in the browser temporarily as "session cookies" or for a certain period of time as so-called permanent cookies. "Session cookies" are automatically deleted when the browser is closed. Permanent cookies have a specific storage period. Cookies make it possible in particular to recognise a browser the next time it visits our website and thus, for example, to measure the reach of our website. Permanent cookies can also be used for online marketing, for example.

Cookies can be completely or partially deactivated and deleted in the browser settings at any time. Without cookies, our website may no longer be fully available. We actively request your express consent to the use of cookies - at least if and to the extent necessary.

For cookies used for performance and reach measurement or for advertising, a general objection ("opt-out") is possible for many services via AdChoices (Digital Advertising Alliance of Canada), the Network Advertising Initiative (NAI), YourAdChoices (Digital Advertising Alliance) or Your Online Choices (European Interactive Digital Advertising Alliance, EDAA).

7.2 Server logs

We may collect the following information for each access to our website, provided that this information is transmitted by your browser to our server infrastructure or can be determined by our web server: Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).

We store such information, which may also constitute personal data, in server log files. The information is required to provide our website in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.

7.3 Tracking pixels

We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels - also from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Pixel counters can be used to collect the same information as server log files.

8. Notifications and messages

We send notifications and communications by email and through other communication channels such as instant messaging or SMS.

8.1 Performance and reach measurement

Notifications and messages may contain web links or tracking pixels that record whether an individual message has been opened and which web links have been clicked on. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to send notifications and messages effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.

8.2 Consent and objection

As a matter of principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless such use is permitted for other legal reasons. For any consent, we use the "double opt-in" procedure where possible, i.e. you receive an e-mail with a web link that you must click to confirm so that no misuse by unauthorised third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.

In principle, you can object to receiving notifications and communications such as newsletters at any time. With such an objection, you can simultaneously object to the statistical recording of use for performance and reach measurement. Necessary notifications and communications in connection with our activities and operations remain reserved.

8.3 Service provider for notifications and messages

We send notifications and messages with the help of specialised service providers. 

In particular, we use: GetResponse: email marketing platform; provider: GetResponse Sp. z o.o. (Poland); data protection information: privacy policy.

9. Social Media

We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our activities and operations. In connection with such platforms, personal data may also be processed outside Switzerland and the European Economic Area (EEA).

The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such platforms also apply in each case. These provisions inform in particular about the rights of data subjects directly vis-à-vis the respective platform, which includes, for example, the right to information.

10. Third party services

We use services provided by specialised third parties in order to carry out our activities and operations in a durable, user-friendly, secure and reliable manner. With such services, we can, among other things, embed functions and content in our website. In the case of such embedding, the services used record the Internet Protocol (IP) addresses of the users at least temporarily for technically compelling reasons.

For necessary security-related, statistical and technical purposes, third parties whose services we use may process data in connection with our activities and operations in aggregated, anonymised or pseudonymised form. This is, for example, performance or usage data in order to be able to offer the respective service.

In particular, we use: Google services: Provider: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: "Privacy and security principles", Privacy policy, "Google is committed to complying with applicable data protection laws", "Privacy guide in Google products", "How we use data from websites or apps on or in which our services are used" (information provided by Google), "Types of cookies and other technologies used by Google", "Personalised advertising" (activation / deactivation / settings).

Services from Microsoft: Providers: Microsoft Corporation (USA) / Microsoft Ireland Operations Limited (Ireland) for users in the European Economic Area (EEA), the United Kingdom and Switzerland; General information on data protection: "Data protection at Microsoft", "Data protection and privacy (Trust Center)", privacy policy, data protection dashboard (data and privacy settings).

10.1 Contact options

We use services from selected providers to better communicate with third parties, such as potential and existing customers.

In particular, we use: 

Tidio: Chat; Provider: Tidio Poland Sp. z o.o., Tidio-specific information: https://www.tidio.com/privacy-policy/

10.2 Audio and video conferences

We use specialized audio and video conferencing services to communicate online. We can use them, for example, to hold virtual meetings or conduct online lessons and webinars. For participation in audio and video conferences, the legal texts of the individual services such as data protection declarations and terms of use apply in addition.

Depending on the life situation, we recommend muting the microphone by default when participating in audio or video conferences, as well as blurring the background or fading in a virtual background.

In particular, we use: Microsoft Teams: platform for audio and video conferencing, among other things; provider: Microsoft; Teams-specific information: "Privacy and Microsoft Teams".

10.3 Social media functions and social media content

We use third party services and plugins to embed features and content from social media platforms and to enable sharing of content on social media platforms and other ways.

In particular, we use: LinkedIn Consumer Solutions Platform: Embedding of functions and content from LinkedIn, for example with plugins such as the "Share Plugin"; Provider: Microsoft; LinkedIn-specific information: "Datenschutz" ("Privacy"), data protection declaration, cookie policy, cookie management / objection to e-mail and SMS communication from LinkedIn, objection to interest-based advertising.

10.4 Maps

We use third party services to embed maps into our website.

In particular, we use: Google Maps including Google Maps Platform: mapping service; provider: Google; Google Maps-specific information: "How Google uses location information".

10.5 Digital audio and video content

We use services from specialized third parties to enable direct playback of digital audio and video content, such as music or podcasts.

In particular, we use: YouTube: Video platform; Provider: Google; YouTube-specific information: "Privacy and Security Center", "My Data on YouTube".

10.6 Advertising

We use the option to display targeted advertisements for our activities and operations on third parties such as social media platforms and search engines.

In particular, we would like to use such advertising to reach people who are already interested in our activities and operations or who might be interested in them (remarketing and targeting). For this purpose, we may transmit corresponding - possibly also personal - information to third parties that enable such advertising. We can also determine whether our advertising is successful, i.e. in particular whether it leads to visits to our website (conversion tracking).

Third parties with whom we advertise and where you are registered as a user may be able to assign the use of our website to your profile there.

In particular, we use:

Google Ads: search engine advertising; provider: Google; Google Ads-specific data: Advertising based on, among other things, search queries, using various domain names - in particular doubleclick.net, googleadservices.com and googlesyndication.com - for Google Ads, "Advertising" (Google), "Why am I seeing a particular ad?".

LinkedIn Ads: Social media advertising; Provider: LinkedIn Corporation (USA) / LinkedIn Ireland Unlimited Company (Ireland); Data protection information: Remarketing and targeting in particular with the LinkedIn Insight Tag, "Data protection", privacy policy, cookie policy, objection to personalized advertising.

11. Performance and reach measurement

We try to determine how our online offering is used. In this context, we can, for example, measure the success and reach of our activities and operations as well as the effect of third-party links to our website. But we can also, for example, try out and compare how different parts or versions of our online offering are used ("A/B test" method). Based on the results of the performance and reach measurement, we can in particular correct errors, strengthen popular content or make improvements to our online offering.

In most cases, the Internet Protocol (IP) addresses of individual users are stored for performance and reach measurement. In this case, IP addresses are generally shortened ("IP masking") in order to follow the principle of data economy through the corresponding pseudonymization.

In particular, we use: 

Google Analytics: performance and reach measurement; provider: Google; Google Analytics-specific data: Measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymized Internet Protocol (IP) addresses, which are only transmitted in full to Google in the USA as an exception, "Privacy Policy", "Browser Add-on to deactivate Google Analytics".

Google Tag Manager: integration and management of other services for performance and reach measurement as well as other services from Google and third parties; provider: Google; Google Tag Manager-specific information: "Data collected with Google Tag Manager"; further information on data protection can be found with the individual integrated and managed services.

12. Final clauses

We have created this privacy policy with the data protection generator of Datenschutzpartner.

We can adapt and supplement this data protection declaration at any time. We will inform about such adaptations and additions in an appropriate form, in particular by publishing the respective current data protection declaration on our website.

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