Data protection declaration pursuant to the GDPR | SEI - Swiss Engineering Institute

Data protection declaration pursuant to the GDPR

1. Name and address of the data controller

1.1

The data controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection regulations is:

 

SEI Group Holding AG

Kappelgasse 21
6004 Lucerne

Switzerland

 

Tel.: +41 580 680 1717

E-mail: info@sei.net

Website: www.sei.net

2. Name and address of the data protection officer

2.1

The data protection officer of the data controller is:

 

SEI Swiss Engineering Institute AG

Reto Gurini
Dufourstrasse 47
8008 Zurich

Switzerland

 

Tel.: +41 580 680 1717

E-mail: datenschutz@sei.net

Website: www.sei.net 

3. General information on the data processing

3.1

Scope of the processing of personal data

 

We only process the personal data of our users if this is necessary to provide a functional website as well as our contents and services. The processing of the personal data of our users takes place regularly only with the user's consent. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.

3.2

Legal basis for the processing of personal data

 

Insofar as we obtain the consent of the data subject for the processing of personal data, art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis. In processing the personal data required for the performance of a contract to which the data subject is a party, art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for carrying out pre-contractual measures. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, art. 6 para. 1 lit. d GDPR serves as the legal basis. If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.

3.3

Data erasure and storage time
 

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, the data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the data controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

4. Provision of the website and creation of log files

4.1

Description and scope of the data processing

On each visit to our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

(1) Information about the browser type and version used
(2) The user's operating system
(3) The user's Internet service provider
(4) The user's IP address
(5) Date and time of the access
(6) Websites from which the user's system reaches our website
(7) Websites accessed by the user's system through our website

The data is also stored in the log files of our system. This data is not stored together with other personal data of the user

4.2

Legal basis for the data processing

The legal basis for the temporary storage of data and log files is art. 6 para. 1 lit. f GDPR.

4.3

Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this the IP address of the user must remain stored for the duration of the session. The data is stored in log files to ensure the functionality of the website. In addition, the data enables us to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context. Our legitimate interest in the data processing pursuant to art. 6 para. 1 lit. f GDPR also lies in these purposes.

4.4

Duration of the storage

The data will be deleted as soon as it is no longer needed to achieve the purpose for which it was collected. If the data is collected for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. Longer storage is possible. In this case, the IP addresses of the users are deleted or distorted, so that assignment of the calling client is no longer possible.

4.5

Possibility of objection and elimination

The collection of the data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, the user may not object to it.

5. Use of cookies

5.1

a) Description and scope of the data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic character string that enables clear identification of the browser when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser be identifiable also after a page change.

The following data is stored and transmitted in the cookies:

(1) Language settings

(2) Articles in a shopping cart for course registrations

(3) Log-in information

 

We also use cookies on our website that enable analysis of the user's surfing behaviour.

In this way, the following data can be transmitted:

(1) Entered search terms
(2) Frequency of page views
(3) Use of website functions

The user data collected in this way is pseudonymised by technical means. Therefore, it is no longer possible to assign the data to the calling user. The data will not be stored together with other personal data of the users.

When you visit our website, a banner informs you of the use of cookies for analytical purposes and refers you to this data protection declaration. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings.
When accessing our website, the user is informed about the use of cookies for analytical purposes, and their consent for the processing of personal data used in this context is obtained. In this context, reference is also made to this data protection declaration.

b) Legal basis for the data processing

The legal basis for the processing of personal data using cookies is art. 6 para. 1 lit. f GDPR.

c) Purpose of the data processing

The purpose of using technically-required cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser be recognised even after a page change.

We need cookies for the following applications:

(1) Shopping cart with course registrations
(2) Use of the application form
(3) Accepting language settings
(4) Remembering search terms

The user data collected by technically-required cookies is not used to create user profiles. The analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimise our offer.

It is in these purposes that our legitimate interest also lies in processing the personal data in accordance with art. 6 para. 1 lit. f GDPR.

e) Duration of storage, possibility of objection and elimination

 

Cookies are stored on the user's computer and transmitted to our site. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website in full.
The transmission of Flash cookies cannot be prevented via the browser settings, but can be prevented by changing the Flash Player settings.

6. Newsletter

6.1

Description and scope of the data processing

On our website you have the possibility to subscribe to a free newsletter. When registering for the newsletter, the data from the input mask is transmitted to us. This includes the name, address and e-mail address of the user.
In addition, the following data is collected upon registration:

(1) IP address of the calling computer
(2) Date and time of registration

In the course of the registration process, your consent is obtained for the processing of the data and reference is made to this data protection declaration.

If you purchase goods or services on our website and provide us with your e-mail address, we may subsequently use it to send you a newsletter. In such a case, the newsletter will only include direct advertising for similar goods or services sold by us.

No data processed for the dispatch of newsletters is passed on to third parties. The data will be used exclusively for sending the newsletter.

6.2

Legal basis for the data processing

The legal basis for processing the data after the user has registered is, with the user's consent, art. 6 para. 1 lit. a GDPR.

The legal basis for sending the newsletter as a result of the sale of goods or services is section 7 para. 3 Unfair Competition Law (UWG).

6.3

Purpose of the data processing

The user's e-mail address is collected in order to send the newsletter. Other personal data is collected as part of the registration process in order to prevent misuse of the services or the used e-mail address.

6.4

Duration of the storage

The data will be deleted as soon as it is no longer needed to achieve the purpose for which it was collected. The user's e-mail address will therefore be stored for as long as the subscription to the newsletter is active.
The other personal data collected during the registration process will generally be deleted after a period of seven days.

6.5

Possibility of objection and elimination

The user concerned can cancel the subscription to the newsletter at any time. To this end, a corresponding link is included in every newsletter.

This also makes it possible to revoke the consent to the storage of personal data collected during the registration process.

7. Registration

7.1

Description and scope of the data processing

 

On our website, we offer users the opportunity to register for educational offers such as seminars, workshops and personal certifications by entering personal data. The data is entered into an input mask and transmitted to us and saved. The data will only be passed on to third parties in the case of courses that include personal certification from an accredited certification body.

The following data is collected during the registration process:
name, address, telephone number, invoice and delivery address, email address, date of birth, native language, examination language.

At the time of registration, the following data is also stored:

(1) The IP address of the user
(2) Date and time of registration

The user's consent to the processing of this data is obtained during the registration process.

7.2

Legal basis for the data processing

The legal basis for the processing of the data with the user's consent is art. 6 para. 1 lit. a GDPR.

If registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is art. 6 para. 1 lit. b GDPR.

7.3

Purpose of the data processing

User registration is required for the provision of certain content and services on our website. User registration is necessary for the fulfilment of a contract with the user or for the implementation of pre-contractual measures.

7.4

Duration of the storage

The data will be deleted as soon as it is no longer needed to achieve the purpose for which it was collected. During the registration process, this is the case for contract fulfilment or the implementation of pre-contractual measures when the data is no longer required for the execution of the contract. Even after conclusion of the contract, it may still be necessary to store the personal data of the contractual partner in order to fulfil contractual or legal obligations.

7.5

Possibility of objection and elimination

As a user, you can cancel the registration at any time. You can change the data stored about you at any time. If the data is required to fulfil a contract or to implement pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.

8. Applications

8.1

Description and scope of the data processing

On our website we allow users to apply for jobs by providing personal data. The data is entered into an input mask and transmitted to us and saved. The data will only be passed on to third parties in the case of courses that include personal certification from an accredited certification body.

The following data is collected during the registration process:

name, address, telephone number, email address, date of birth, native language, professional certificates, diplomas, reference information and a tabular curriculum vitae.

At the time of registration, the following data is also stored:

(1) The IP address of the user
(2) Date and time of registration

The user's consent to the processing of this data is obtained during the registration process.

8.2

Legal basis for the data processing

The legal basis for the processing of the data with the user's consent is art. 6 para. 1 lit. a GDPR.

If registration is for the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is art. 6 para. 1 lit. b GDPR.

8.3

Purpose of the data processing

If you send us your application using the application form, your data from the form including the application documents you make available there will be used by us for processing your application.

 

We will not pass on this data without your consent.

 

Your data will be deleted no later than 6 months after the position is filled.

8.4

Duration of the storage

The data will be deleted no later than 6 months after the position is filled.

Even after conclusion of the employment contract, it may still be necessary to store the personal data of the contractual partner in order to fulfil contractual or legal obligations.

8.5

Possibility of objection and elimination

As a user, you can cancel the registration at any time. You can have the data stored about you changed at any time. If the data is required to fulfil a contract or to implement pre-contractual measures, premature deletion of the data is only possible insofar as there are no contractual or statutory obligations to the contrary.

9. Contact form and e-mail contact

9.1

Description and scope of the data processing

There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored.

At the time the message is sent, the following data is also stored:

(1) The IP address of the user
(2) Date and time of registration

Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration. Alternatively, you can contact us via the e-mail address provided. In this case, the user's personal data transmitted by e-mail will be stored. In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.

9.2

Legal basis for the data processing

The legal basis for the processing of data with the user's consent is art. 6 para. 1 lit. a GDPR.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is art. 6 para. 1 lit. f GDPR. If the aim of the e-mail contact is the conclusion of a contract, then an additional legal basis for the processing is art. 6 para. 1 lit. b GDPR.

9.3

Purpose of the data processing

The purpose of processing the personal data from the input mask is purely to facilitate communication. In the event of contact by e-mail, this also constitutes the necessary legitimate interest in the processing of the data. The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

9.4

Duration of the storage

The data will be deleted as soon as it is no longer needed to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and that sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the issue in question has been conclusively clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

9.5

Possibility of objection and elimination

The user can revoke their consent to the processing of personal data at any time. If the user contacts us by e-mail, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of the communication will in this case be deleted.

10. Web analysis by Google Analytics

10.1

Scope of the processing of the personal data

We use Google Analytics on our website to analyse the surfing behaviour of our users. The software places a cookie on the user's computer (see above for cookies).

If individual pages of our website are accessed, the following data is stored:

(1) The IP address of the user's calling system
(2) The called-up web page
(3) The website from which the user has accessed the accessed website (referrer)
(4) The subpages that are accessed from the accessed website
(5) Duration of stay on the website
(6) The frequency of visiting the website

The software runs exclusively on the servers of our website. The personal data of users is only stored there. The data will not be passed on to third parties.

10.2

Legal basis for the processing of personal data

The legal basis for the processing of users' personal data is art. 6 para. 1 lit. f GDPR.

10.3

Purpose of the data processing

 

The processing of users' personal data enables us to analyse the surfing behaviour of our users. We are in a position to compile information about the use of the individual components of our website by evaluating the data obtained. This helps us to continuously improve our website and its user-friendliness. For these purposes, it is also in our legitimate interest to process the data in accordance with art. 6 para. 1 lit. f GDPR. By anonymising the IP address, users' interest in protecting their personal data is sufficiently taken into account.

10.4

Duration of the storage

The data will be deleted as soon as it is no longer needed for our recording purposes.

10.5

Possibility of objection and elimination

Cookies are stored on the user's computer and transmitted to our site by the computer. Therefore, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website in full.

11. Rights of the data subject

11.1

The following list includes all the rights of the data subjects according to the GDPR. Rights that are not relevant for this website do not need to be mentioned. The list can accordingly be shortened.

If your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights vis-à-vis the data controller

11.2

Right to information

You can ask the data controller to confirm whether personal data concerning you will be processed by us. If such processing has taken place, you can request the following information from the data controller:

(1) the purposes for which the personal data is processed;

 

(2) the categories of personal data being processed;

 

(3) the recipients or categories of recipients to whom the personal data concerning you has been or is still being disclosed;

 

(4) the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, the criteria for determining the storage period;

 

(5) the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of the processing by the data controller or a right to object to such processing;

 

(6) the existence of a right of appeal to a supervisory authority;

 

(7) all available information on the origin of the data if the personal data is not collected from the data subject;

 

(8) the existence of automated decision-making including profiling in accordance with art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to art. 46 GDPR in connection with the transmission.

11.3

Right to correction

You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you is incorrect or incomplete. The data controller must correct the data without delay.

11.4

Right to restrict processing

 

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period that enables the data controller to verify the accuracy of the personal data;

 

(2) the processing is unlawful and you reject the deletion of the personal data and instead request that the use of the personal data be restricted;

 

(3) the data controller no longer needs the personal data for the purposes of the processing, but you need it to assert, exercise or defend legal claims, or

 

(4) if you have filed an objection to the processing pursuant to art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on the grounds of an important public interest of the European Union or a Member State.

If the processing restriction has been restricted according to the above conditions, you will be informed by the data controller before the restriction is lifted

11.5

Right to deletion

a) Duty of deletion
You may request that the data controller delete the personal data relating to you immediately, and the data controller is obliged to delete such data immediately if one of the following reasons applies:

(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You revoke your consent, on which the processing was based pursuant to art. 6 para. 1 lit. a or art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You file an objection to the processing pursuant to art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection to the processing pursuant to art. 21 para. 2 GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under European Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to art. 8 para. 1 GDPR.

b) Information to third parties

If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to art. 17 para. 1 GDPR, it shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions

The right to deletion does not exist insofar as the processing is necessary:

(1) for the exercise of freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the European Union or of the Member States to which the data controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the data controller;
(3) for reasons of public interest in the field of public health pursuant to art. 9 para. 2 lit. h and i and art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to render impossible or seriously impair the attainment of the objectives of such processing, or
(5) for asserting, exercising or defending legal claims.

11.6

Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. In addition, you have the right to pass on this data to another data controller without obstruction by the data controller to whom the personal data was provided, provided that:

(1) the processing is based on consent pursuant to art. 6 para. 1 lit. a GDPR or art. 9 para. 2 lit. a GDPR or on a contract pursuant to art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out using automated methods.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the data controller.

11.7

Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The data controller will then no longer process the personal data concerning you, unless they can prove compelling grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
 
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You may exercise your right of objection in connection with the use of information society services by means of automated procedures that use technical specifications, notwithstanding Directive 2002/58/EC.

11.8

Right to revoke the data protection declaration of consent

You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

11.9

Automated decision in individual cases including profiling

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – which has legal effect against you or significantly affects you in a similar manner. This does not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the data controller,
(2) is admissible by law of the European Union or the Member States to which the data controller is subject and that law contains appropriate measures to safeguard your rights, freedoms and legitimate interests, or
(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to art. 9 para. 1 GDPR, unless art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the data controller shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the data controller, to state their own position and to challenge the decision.

11.10

Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State in which you reside, work or suspect the infringement has taken place, if you believe that the processing of personal data concerning you is contrary to the GDPR

The supervisory authority with which the complaint is lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under art. 78 GDPR.