Data Protection Statement of EMA Partners Switzerland AG
Version effective as of August 2023
With this Data Protection Statement we, EMA Partners Switzerland AG, describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements or General Terms and Conditions, are applicable to specific circumstances.
The term “personal data” in this Data Protection Statement shall mean any information that identifies, or could reasonably be used to identify any person.
If you provide us with personal data of other persons (such as family members, work colleagues or the like), please make sure the respective persons are aware of this Data Protection Statement and please only provide us with their data if you are allowed to do so and if the personal data is correct.
This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection Act («revDPA»). However, the application of these laws depends on each individual case.
The “controller” of data processing as described in this data protection statement is:
Philippe D. Eyer
EMA Partners Switzerland AG
CH-8832 Wilen bei Wollerau
You can notify us of any data protection related concerns using the above mentioned contact details.
2. Collection and Processing of Personal Data
We offer website visitors the opportunity to submit job applications to us (e.g. online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.
Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., internet). Apart from data you provided to us directly, the categories of data we receive about you is from data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).
3.Purpose of Data Processing and Legal Grounds
If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment of an employment relationship. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.
If your job application should result in your recruitment, the data you have submitted will be archived for the purpose of implementing the employment relationship in our data processing system.
If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis in case that we require one. Consent given can be withdrawn at any time in written form, but this does not affect data processed prior to withdrawal.
4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
By using our website and consenting to the receipt of newsletters and other marketing e-mails you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly.
This website uses the open-source web analysis service Matomo. Through Matomo, we are able to collect and analyze data on the use of our website-by-website visitors. This enables us to find out, for instance, when which page views occurred and from which region they came. In addition, we collect various log files (e.g. IP address, referrer, browser, and operating system used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).
The use of this analysis tool is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent
includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any
For analysis with Matomo we use IP anonymization. Your IP address is shortened before the analysis, so that it is no longer clearly assignable to you.
Analysis without cookies
We have configured Matomo in such a way that Matomo will not store cookies in your browser.
We host Matomo exclusively on our own servers so that all analysis data remains with us and is not passed on.
5. Data Transfer
In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or for their own purposes. In particular, the following categories of recipients may be concerned:
- processors (such as e.g. IT providers);
- all common recipients.
Certain recipients may be within Switzerland but some may be located in other countries in Europe as well. In particular, you must anticipate your data to be transmitted to any country where our service providers are located.
6. Retention Periods for your Personal Data
We process and retain your personal data for as long as it is necessary to fulfill our contractual and legal obligations or otherwise for the purposes pursued in the processing, meaning, for instance, for the duration of the entire application process and beyond, in accordance with legal retention and documentation requirements.
Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible, unless you have consented to the storage and processing of your personal data, which you provided in connection with your application, beyond the end of the specific application process.
7. Data Security
We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as IT and network security solutions, encryption of data carriers and transmissions.
8. Obligation to Provide Personal Data To Us
In the context of our recruitment activities you must provide us with any personal data that is necessary for the application process. Without this information, we will usually not be able to provide the services we offer. In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
9. Your Rights
In accordance with and as far as provided by applicable law (as it is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing, in addition to the right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
10. Amendments of this Data Protection Statement
We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.