DATA COLLECTION & PROCESSING INFORMATION NOTICE
The protection and security of your personal data are important to GBG Spyder Europe AG (the “Company”). The purpose of this Information Notice is to make you aware of how we collect, use, share, and protect your personal data. The Company at Blegistrasse 9, 6340, Baar, Switzerland is the data controller of your personal data.
The collection and processing of personal data in connection with your contract is always conducted in compliance with the applicable Swiss data protection provisions and / or EU-GDPR, especially art. 13 para 2 lit. a Swiss Data Protection Act and art. 6 para 1 lit. b GDPR.
This notice is a unilateral notice from the Company and may be amended at any time.
Personal data collection
We may collect and process the following categories of personal data about you:
personal details (such as name, date of birth, gender, place of birth, images obtained via CCTV);
- contact details (such as home address, e-mail addresses, telephone number);
- family and social details (such as marital status, next of kin and relationship, emergency contact details);
- education and training details (such as educational and vocational training);
- job details (such as job status, performance ratings, details of any disciplinary actions, contract length, annual leave and sick leave details);
- financial details (such as salary information, expense reimbursement, benefit information, bank account details, pension payment details and tax details); and
- IT details (such as Company property issued, IT access codes, IT usage data, IT login data and incident data, electronic message communication details, service requests).
We may receive this personal data directly from you, for example through new starter forms completed on joining the Company. We may also receive this information from third parties, such as recruiters, including personal data located within curricula vitae and job application forms.
- Purposes for processing your personal data
We process your personal data:
for the performance of your contract of employment or contractor agreement (as applicable);
- to comply with applicable local laws for example in relation to local tax requirements; and
- to fulfil our legitimate business interests, including for the operation of standard business functions such as human resource management, legal and/or regulatory compliance and/or administrative and managerial purposes, including without limitation:
- appraisals and performance;
- promotion, succession planning and talent management;
- training and development;
- pay, remuneration and expense reimbursement;
- administration of pension, insurance and other benefits;
- tax and other deductions from pay;
- managing corporate travel arrangements;
- health and safety;
- disciplinary, grievance and termination processes;
- maintaining and monitoring usage of internal networks and Company IT systems in line with Company guidelines and policies;
- regulatory compliance and investigations; and
- legal proceedings (including prospective legal proceedings), and the obtaining of legal advice, to protect the Company against damage, injury, theft, legal liability, fraud, abuse or other misconduct.
- Data retention
If you are an employee, we retain your personal data for at least the period of our employment relationship with you. If you are a contractor, we retain your personal data for the period of your contractor agreement. Once the period of your employment or contractor agreement (as applicable) with the Company is terminated we will retain your personal data for as long as is necessary to comply with local labour laws and any other applicable laws and regulations, and for the purposes of our legitimate interests, as listed above.
- Disclosure of your personal data
In connection with the purposes described above, we may need to transfer or disclose your personal data to the following categories of recipients:
- other companies within the Global Brands Group;
- third party service providers that provide services to us that involve data processing, including payroll, security, communications, audit, accountancy, insurance, tax, pensions, medical, benefits, travel, mobility, transportation, education programs, recruitment, legal and other professional advisors;
- third party business partners such as distributors, trade associations and events or conference providers where part of your role;
- competent public authorities (such as tax authorities) where required by law; and
- trade unions, where required by law.
- International data transfers
We may need to transfer your personal data to a location outside of the European Economic Area (“EEA”), including to countries that do not offer the same level of protection with respect to personal data as required in the EEA, for example the United States. We have implemented appropriate safeguards to protect your personal data when it is transferred, including the execution of data transfer agreements with the recipients of such personal data.
- Your rights
If you wish to make use of any right as listed below, you may contact our Data Protection Officer (see section 7) at any time.
Right to confirmation
You are entitled to request confirmation from the Company as to whether the group processes personal data relating to you.
Right to information
You are entitled to obtain free-of-charge information from the Company on the personal data processed and saved on you and to receive a copy of this information if so requested. In addition, information can be provided on the following aspects, where appropriate:
- the purposes of the processing;
- the categories of personal data that are processed;
- the recipients to whom the personal data has been disclosed or is still being disclosed;
- if possible, the planned duration for which the personal data is being stored or, if this is not possible, the criteria for determining this duration;
- the existence of a right to rectification or erasure of the personal data, or to the restriction of processing by the Company in charge of processing, or of a right of objection to this processing;
- the existence of a right to complain to a supervisory authority;
- if the personal data has not been collected from you: all the available information on the origin of the personal data; and
- you are entitled to information on whether your personal data has been transmitted to a third country or to an international organisation. If this is the case, you also have the right to obtain information on the appropriate guarantees in conjunction with the transmission.
Right to rectification
You are entitled to request the immediate rectification of incorrect personal data relating to you. In addition, you have the right, with due consideration to the purpose of the data processing, to request the completion of incomplete personal data – including by means of a supplementary declaration.
Right to erasure
You are entitled to request the deletion of your personal data without delay insofar as one of the following reasons applies, and provided that the personal data processing is not necessary:
- the personal data was collected for purposes or processed in other ways for which it is no longer needed;
- you have revoked your consent, which provided the basis for the processing, and there is no other legal basis for the processing;
- you have submitted an objection to the processing and there are no overriding legitimate reasons for the processing, or you have submitted an objection to processing in the case of direct advertising and the profiling associated with this;
- your personal data has been processed unlawfully;
- the erasure of your personal data is necessary in order to fulfil a legal obligation under EU law, or the law of its member states, to which the Company is subject; and
- the personal data was collected in relation to information society services that were offered directly to a child.
The right to erasure does not apply if processing is necessary for one of the following reasons:
- to exercise the right of freedom of expression and information;
- to comply with legal obligation;
- for the performance of a task carried out in the public interest or in the exercise of official authority;
- for archiving purposes in the public interest, scientific research, historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing; or
- for the establishment, exercise or defence of legal claims.
Right to be forgotten
Where the Company has made the personal data public and is obliged to erase the personal data, the Company, taking account the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform third party controllers which are processing your personal data that you have requested the erasure by such third party controllers of any links to, or copy or replication of, your personal data.
Right to restriction of processing
You have the right to request that the Company restricts the processing of your personal data if one of the following conditions is fulfilled:
- the accuracy of your personal data is disputed by you for a duration which enables the Company to check the accuracy of the personal data;
- the processing is unlawful and you have opposed the erasure of the personal data but instead have requested a restriction on the use of your personal data;
- the Company no longer requires your personal data for the purpose of the processing but you require your personal data for asserting, exercising or defending legal claims; and
- you object to the processing of your personal data pending the verification whether the legitimate grounds of the Company override yours.
Right to data portability
You have the right to receive your personal data relating in a structured, commonly used and machine-readable format. You also have the right to have your personal data transmitted to another data controller providing the statutory requirements are fulfilled.
In addition, you have the right to arrange for your personal data to be transmitted directly from one data controller to another, insofar as this is technically feasible, and insofar as this does not impair the rights and freedoms of other persons.
Right to object
You have the right, at any time, to object to the processing of your personal data.
In the event of an objection, the Company will no longer process your personal data, unless we can provide evidence of compelling reasons, worthy of protection, for your personal data to be processed which override your interests, rights and freedoms, or unless the processing serves the assertion, exercise or defence of legal claims.
Right to revoke consent to the processing of personal data
You are entitled to revoke your consent to processing your personal data at any time.
- Contact us
To exercise any of your rights in connection with your personal data or if you have any questions or concerns as to the processing of your personal data, please contact: email@example.com with our data protection officer in copy:
Marcel Volkart | Finance Director – Data Protection Officer
GBG Spyder Europe AG| Blegistrasse 9 | CH-6340 Baar
t: +41 41 766 64 14 | m: +41 78 744 65 20
e: firstname.lastname@example.org www.spyder.com
In accordance with the applicable regulation you are also entitled to file a complaint with the competent supervisory authority.