Privacy Policy
Data Protection Statement for Utilis AG and Utilis France S.à.r.l.
Version 2.0 dated 30th january, 2023
Utilis AG, Kreuzlingerstrasse 22, 8555 Müllheim, Switzerland, is the operator of this website. Thank you for your interest. We would like to inform you about data protection and ask you to read the data protection statement before using www.utilis.com. By using our website, you consent to this data protection statement.
Utilis AG, together with its subsidiary, Utilis France S.à.r.l., 90 allée de Glaisy ZI, 74300 Thyez, France, is responsible for the content on the www.utilis.com website and the goods and services that are offered on it, and also for the collection, processing and use of your personal data and the compliance of the data processing with the applicable data protection laws.
As a company that operates internationally, Utilis AG has sales partners all over the world. When orders are placed directly from Switzerland, a direct contract is concluded between you and Utilis AG. This data protection statement is an integral part of the contract.
When orders are placed from France, a direct contract is concluded between you and Utilis France S.à.r.l. If you conclude a contract with Utilis France S.à.r.l., this data protection statement is an integral part of the contract. However, Utilis AG is not a party in this contractual relationship.
Orders from countries in which Utilis AG has a sales partner will be forwarded to the respective sales partner, and the customers will be informed directly. The contract is subsequently concluded between you and our sales partner. The data protection provisions of the respective sales partner shall then apply. Utilis AG and Utilis France S.à.r.l. are not a party in this contractual relationship.
Since Utilis AG operates this website together with and on behalf of subsidiary Utilis France S.à.r.l. and contracts can be concluded between you and Utilis France S.à.r.l., this data protection statement is based on Swiss data protection laws as well as the EU General Data Protection Regulation (GDPR), where applicable. Although the GDPR is a European Union regulation, it is also significant for Utilis AG. The Swiss Data Protection Act (DSG) is strongly influenced by EU law and companies outside of the European Union or the EEA must comply with the GDPR directly or indirectly under certain circumstances.
Personal data refers to all information relating to a specific or identifiable person. Please note the following information so that you are aware which personal data we collect from you and the purposes for which it is used.
1 The responsible party in the sense of the data protection laws is:
1.1 During the operation of this website
Utilis AG
Kreuzlingerstrasse 22
8555 Müllheim
Switzerland
E-mail info@utilis.com
Tel. +41 (0) 52 762 62 62
Fax +41 (0) 52 762 62 00
Managing director: Ignaszak Ludger
Utilis AG is the point of contact for matters concerning data protection law for affected persons, companies and authorities in Switzerland.
Utilis France S.à.r.l.
90 allée de Glaisy ZI
74300 Thyez
France
Tel. +33 4 50 96 36 30
Fax. +33 4 50 96 37 93
Managing director: Fabrice Dupont
Utilis France S.à.r.l. Is the point of contact for matters concerning data protection law for affected persons, companies and authorities in France and other EU member states.
1.2 Upon contract conclusion and processing
Utilis AG
Kreuzlingerstrasse 22
8555 Müllheim
Switzerland
E-mail info@utilis.com
Tel. +41 (0) 52 762 62 62
Fax +41 (0) 52 762 62 00
Managing director: Ignaszak Ludger
Utilis France S.à.r.l.
90 allée de Glaisy ZI
74300 Thyez
France
Tel. +33 4 50 96 36 30
Fax +33 4 50 96 37 93
Managing director: Fabrice Dupont
2 Access data
Our website can be used without specifying any additional personal data. However, each time a website is accessed, the web server automatically stores what is called a server log file that records the following access data:
(1) Information about the browser type and the version used
(2) The user’s operating system
(3) The user’s Internet service provider
(4) The IP address of the user
(5) The date and time when the website was accessed
(6) Websites from which the user’s system accesses our website
(7) Websites which are accessed by the user’s system via our website
This access data can be assigned to a website visitor, which is why it is regarded as personal data. It is recorded exclusively for the purpose of ensuring that the website operates smoothly. In accordance with Art. 6 Para. 1 (f) GDPR, provided that this provision is applicable, in the balancing of interests, this serves to maintain our legitimate prevailing interest in our offering being presented correctly. All access data will be deleted 50 months after your visit to the website at the latest.
3 Data collection and use with forms and opening of a customer account
We collect personal data if you voluntarily provide us with it as part of your order, when you contact us (e.g. by using a contact form or by e-mail), or when you register a customer account. Mandatory fields are identified as such, since the data is essential for processing your communication or for opening a customer account in these cases. Precisely which data is collected is explained in this data protection statement. We use the data provided by you on the basis of your consent in accordance with Art. 6 Para. 1 (a) GDPR for processing your queries, provided that this provision is applicable. When your customer account is deleted or after your query has been processed completely, your data will be restricted for further processing and will be deleted at the end of the retention periods relating to tax law and commercial law, provided that we do not need the data for the assertion of claims, we are not otherwise obligated to retain it and no legitimate business interests (such as for evidence and documentation purposes) exist that prevent the deletion thereof.
You can ask us to delete your customer account at any time. To do this, send us a message to the above-mentioned contact information.
3.1 Data collection customer account
The following data will be collected when you register for a customer account:
• E-mail address
• Password
• Form of address
• First and last name
• Company name
• Street and house number, post code, city
• Country
• VAT no. (optional)
• PO box (optional)
• Phone number (optional)
3.2 Data collection contact and special production form
If you contact us via our contact or special production form, we will collect the following data to ensure smooth communication:
• E-mail address
• Form of address
• First and last name
• Company name
• Street and house number, post code, city
• Country
• PO box (optional)
• Phone number
• Customer number
• Topic / additional information / description of concern or inquiry
• Drawings / file upload (optional)
4 Newsletter
If you register for our newsletter, we will use the data that is necessary for this or the data that was provided separately by you to send you our e-mail newsletter on a regular basis, based on your consent in accordance with Art. 6 Para. 1 (a) GDPR, provided that this provision is applicable.
If you are already one of our customers, we have a legitimate interest in informing you about our latest offers and services by newsletter. In this case, Art. 6 Para. 1 (f) GDPR forms the basis for processing your personal data.
We use the following data for sending our newsletter:
• Form of address
• E-mail address
• First and last name
• Newsletter topic selection
If you register for our newsletter we will immediately send an e-mail to the specified e-mail address containing a hyperlink. By clicking on this link, you are confirming your newsletter registration (double opt-in procedure). If this registration confirmation is not received, you will not be registered for our newsletter.
This data is stored on our web server with our hosting partner in Germany. You can unsubscribe from the newsletter at any time either by sending a message to the contact information described below, or by using a link provided in the newsletter. After you have unsubscribed, we will delete your e-mail address, provided we do not need the data for the assertion of claims, we are not otherwise obligated to retain it and no legitimate business interests (such as for evidence and documentation purposes) exist that prevent the deletion thereof.
5 Use of cookies
To make the visit to our website attractive and allow the use of certain functions to display appropriate products or for market research purposes, we use so-called cookies on various pages.
Cookies are small text files that are automatically stored on your device. Some of the cookies we use will be deleted at the end of your browser session, that is, when you close your browser (so-called session cookies). Other cookies remain on your device and allow us to recognise your browser again the next time you visit (persistent cookies). The duration for which they are stored can be found in the overview of the cookie settings in your web browser. You can configure your browser in such a way that you are informed when cookies are set, and you can decide on an individual basis whether to accept them or prevent the acceptance of cookies in specific cases or in general. Each browser determines how it manages cookie settings. This is described in the help menu of every browser and explains how you can change your cookie settings. This information is available for the relevant browsers by using the following links:
Microsoft Edge™:
Safari™:
Chrome™:
Firefox™:
If the cookies are technically necessary in order to operate our website, in the balancing of interests, this serves to maintain our legitimate prevailing interest in our offering being presented in an optimum way in accordance with Art. 6 Para. 1 (f) GDPR, provided that this provision is applicable. If we use cookies which are not technically necessary and process your personal data when doing this, we require your consent in accordance with Art. 6 Para. 1 (a) GDPR, provided that this provision is applicable.
If cookies are not accepted, this may restrict the functionality of our website.
5.1 Google Analytics
If you have given your consent for the use of cookies by means of the relevant settings in your browser in accordance with Art. 6 Para. 1 (a) GDPR, provided that this provision is applicable, for the purpose of website analysis this website will use Google Analytics, a website analysis service from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA, USA) and Google Ireland Ltd. (Google Building Gordon House, Barrow St, Dublin 4, Ireland; together referred to as “Google”, whereby Google Ireland Ltd. is responsible for processing personal data). Google Analytics uses methods which allow your use of the website to be analysed such as cookies. The information that is automatically collected about your use of this website is usually transmitted to a Google server in the USA, where it is stored. By activating IP anonymisation on this website, your IP address will be abbreviated before it is transmitted within the member states of the European Union or in other member states of the agreement on the European Economic Area. Only in exceptional circumstances will the full IP address be sent to a Google server in the USA and abbreviated there. The anonymised IP address provided to Google Analytics by your browser will not be merged with any other data from Google. At the end of the purpose of use and at the end of our use of Google Analytics, the data that was collected in this context will be deleted.
You can withdraw your consent at any time with effect for the future by downloading and installing the browser plug-in that is available at the following link:
https://tools.google.com/dlpage/gaoptout?hl=en .
This prevents the recording of the data that is created by the cookie and relates to your use of the website (including your IP address) and the processing of this data by Google.
5.2 Google Ads
We use Google Ads functions. Google Ads is an online advertising program from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA, USA) and Google Ireland Ltd. (Google Building Gordon House, Barrow St, Dublin 4, Ireland; together referred to as “Google”, whereby Google Ireland Ltd. is responsible for processing personal data), which allows us to contact you as a potential customer and market our products and services in a target group-specific manner. By means of Google Ads we can place ads in the Google search engine or on third party websites if the user enters certain search terms into Google (keyword targeting). In this way, we ensure that advertising is displayed which is of interest to you. This advertising material is provided by Google using so-called “Ad Servers”. For this purpose we use Ad Server cookies, by means of which certain parameters such as the displaying of ads or clicks made by the user can be measured in order to gauge success. If you access our website using a Google ad, Google Ads will store a cookie on your terminal device. These cookies normally lose their validity after 30 days. The cookies allow Google to recognise your Internet browser. If a user visits certain pages of the website of an Ads customer and the cookie stored on their computer has not yet expired, Google and the customer can detect that the user has clicked on the ad and has been forwarded to this page. A different cookie is assigned to each Ads customer. Cookies can therefore not be traced via the websites of Ads customers. We do not collect and process personal data in the above-mentioned advertising measures. We merely receive statistical analyses from Google. We cannot identify the users on the basis of this information, but can see which of the advertising measures that have been used are particularly effective. Your browser automatically sets up a direct connection to the Google server on the basis of the marketing tools that are used. We have no influence on the scope and the use of the data which is collected by Google by using these tools. Even if you are not registered with Google and are not logged in, it is possible for the provider to discover your IP address and store it. More information about data protection at Google can be found here: https://safety.google/intl/de/privacy/ads-and-data/
5.3 Social media plug-ins
5.3.1 Use of social plug-ins from Facebook and LinkedIn
We use social buttons from social networks on our website. In the balancing of interests, this helps to protect our legitimate prevailing interest in marketing our offering in a optimum way in accordance with Art. 6 Para. 1 (f) GDPR, provided that this provision is applicable. To increase the protection of your data when visiting our website, these buttons are not fully integrated as plug-ins but are merely integrated in the page by means of an HTML link. This integration ensures that when you access a page on our website containing such buttons, no connection is made to the servers of the provider of the respective social network.
Clicking on one of the buttons opens a new browser window and calls up the page of the respective service provider, on which you can click on the Like or Share button (after entering your login data, if necessary). For the purpose and scope of the data collection and the further processing and use of the data by the providers on their pages, as well as contact details and your rights and setting options for protecting your privacy, please refer to the providers’ privacy policies.
5.3.2 YouTube video plug-ins
Third-party contents are integrated in this website. These contents are provided by Google LLC ("provider").
YouTube is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").
Enhanced data protection settings are activated for the YouTube videos that are integrated in our website. This means that information is not collected or saved from website visitors to YouTube unless they play the video. In the balancing of interests, the integration of videos helps to protect our legitimate prevailing interest in marketing our offering in an optimum way in accordance with Art. 6 Para. 1 P. 1 (f) GDPR.
6 Application
The latest job ads are published on our website. You can apply for vacancies by post or by e-mail.
If you apply for a position with us, we will process your personal data and application documents on the basis of your consent in accordance with Art. 6 Para. 1 (a) GDPR, provided that this provision is applicable. If you are not yet 18 years of age, we require the consent of your legal guardian.
As part of the application, the usual correspondence data such as your address, your e-mail address and your phone number are stored as well as your gender, date of birth, surname and first name.
This data is exclusively stored, evaluated, processed or forwarded internally as part of your application. We will not process your application documents for other purposes or pass them to third parties. If you take up a position with Utilis AG your personal data, or at least an extract thereof, will be placed in your personnel file. If you have applied but have not yet received a rejection, your details will be saved for 3 months after the end of the application procedure and then deleted.
7 Contract conclusion and contract performance
7.1 Data collection for performing and concluding the contract
Personal data is collected when the contract is concluded and for the contract performance. When you place an order, we ask you to open a customer account or we use the data from your existing customer account. Mandatory fields are identified as such, since in these cases this data is essential for performing the contract. These details are needed for the order and/or opening an account or for making contact. The following data is collected and processed:
• E-mail address
• Password
• Form of address
• First and last name
• Company name
• Street and house number, post code, city
• Country
• Payment information
• VAT no. (optional)
• PO box (optional)
• Phone number (optional)
The contracts can be concluded directly between you and Utilis AG, Utilis France S.à.r.l., or with one of our international sales partners. Utilis AG shall accept the order information and use this for concluding the contract in the case of orders from Switzerland. In the case of orders from foreign countries, provided that the customer is situated within the catchment area of our sales partner, the data will be forwarded directly to our relevant sales partner. Utilis AG shall exclusively accept the order information and therefore acts as an order processor.
If you enter into a contract with Utilis France S.à.r.l., the data that you provide will be processed based on your consent in accordance with Art. 6 Para. 1 (a) GDPR and for processing the order and for performing precontractual measures in accordance with Art. 6 Para. 1 (b) GDPR. When your customer account is deleted or at the end of the contract, your data will be restricted for further processing and will be deleted at the end of the retention periods relating to tax law and commercial law, provided that we do not need the data for the assertion of claims, we are not otherwise obligated to retain it and no legitimate business interests (such as for evidence and documentation purposes) exist that prevent the deletion thereof.
7.2 Forwarding data to third parties
Your data will be forwarded to the shipping company commissioned by us for delivering the goods, provided this is necessary for the delivery of the ordered goods. Your e-mail address and telephone number will also be forwarded to the selected shipping service provider, so they can contact you prior to the delivery for the purpose of notifying you about the delivery or coordinating it. Our intention is to achieve the best-possible delivery service.
Depending on which payment service provider you select in the ordering process, your payment data that is collected for processing payments will be forwarded to the credit institution commissioned with the payment and, where applicable, to commissioned service providers or to the selected payment service.
If Utilis AG or Utilis France S.à.r.l. makes advance payments, e.g. when purchasing on account, the two companies can obtain identity and creditworthiness information from specialist service providers. Appropriate measures for protecting your rights, freedoms and legitimate interests will be taken into consideration when doing this.
8 Hosting
In the context of processing on our behalf, a third party provides services for hosting and presenting the website on our behalf. All data that is collected in the context of using this website or in designated forms in the online shop as well as for concluding and performing the contract are processed on its servers. Processing on other servers shall take place only in the context allowed here. The data will be processed exclusively in a country within the European Union or the European Economic Area.
9 Rights of the data subject
As the data subject, you have the following rights:
• The right to request information about your personal data that is processed by us;
• The right to request the immediate correction of your incorrect or incomplete personal data that is stored by us;
• The right to request the deletion of your personal data that is stored by us, unless the additional processing of this data is still legal for statutory or contractual reasons or to protect overriding private or public interests;
• The right to request that the processing of your personal data is restricted if
o You dispute the accuracy of the data;
o The processing of the data is illegal, but you refuse to have it deleted;
o We no longer require the data, but you need it to establish, exercise or defend legal claims or
o You have objected to the processing;
• If the GDPR applies, you also have the following rights:
o In accordance with Art. 20 GDPR, the right to obtain your personal data that you have provided to us in a structured, common and machine-readable format, or to request its transmission to a different data controller;
o In accordance with Art. 77 GDPR the right to complain to a supervisory authority. As a rule, you can do this by contacting the supervisory authority at your usual place of residence or work, or our head office.
If you have any questions regarding the collection, processing or use of your personal data, or regarding information on and the correction, blocking or deletion of data and the withdrawal of consent that may be granted, or if you would like to object to specific use of data, please contact:
Utilis AG
Kreuzlingerstrasse 22
8555 Müllheim
Switzerland
E-mail: info@utilis.com
We may request proof of identity to process your requests.
10 Right to object
If you have given us your consent to the processing of your personal data for specific purposes (for example when you registered to receive newsletters), we will process your personal data in the context of and based on this consent, provided we do not have any other legal basis and one is required. You may withdraw your consent at any time, although this does not affect data processing that has already taken place.
If you exercise your right to object, we will no longer process your personal data for these purposes, unless we can demonstrate compelling legitimate reasons for its processing that outweigh your interests, rights and freedoms, or if the processing serves to fulfil contractual or statutory obligations or to establish, exercise or defend legal claims.
11 Changes
We may change this data protection statement at any time without prior notification. The current version that is published on our website shall apply. If the data protection statement is part of an agreement with you, we will inform you when it is updated by e-mail or in another appropriate manner.
Remo OEHNINGER