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1. Introduction of a data protection declaration

This data protection declaration describes the processing of data within the scope of the offer, in particular the collection, use, disclosure and other processing of personal data by SCHELLING AG in Rupperswil (CH) and the associated companies SCHELLING AG in Schafisheim (CH), SCHELLING AG in Oensingen (CH), Birkhäuser+GBC AG in Reinach (CH), SCHELLING Vertriebs GmbH in Hanau (D) and SCHELLING GmbH & Co. KG in Hanau (D), hereinafter referred to as SCHELLING, in connection with your use of websites, mobile apps and pages on social media linked to this data protection declaration, your interactions at events and offline in connection with other sales and marketing activities of SCHELLING. This data protection declaration also explains the options you have with regard to these processing activities.

2. Personal data

In this data protection declaration, data refers to “personal data” and information relating to an identified or identifiable person.

3. Scope of application

This data protection declaration applies to the processing of personal data by SCHELLING AG in Rupperswil (CH) and the associated companies SCHELLING AG in Schafisheim (CH), SCHELLING AG in Oensingen (CH), Birkhäuser+GBC AG in Reinach (CH), SCHELLING Vertriebs GmbH in Hanau (D) and SCHELLING GmbH & Co. KG in Hanau (D), relating to:
Visitors and users of various websites, including our websites at www.schelling.ch, www.birki.ch, www.birkhaeuser.ch, www.birkhäuser.ch, www.birki-printshop.ch, www.trauerzirkulare.ch, and any subsites (e.g. microsites and subdomains), computer or mobile software apps and our pages on social media with a link to this data protection declaration (collectively referred to as websites) Customers and potential customers and their representatives Subscribers to potential newsletters and/or printed and electronic magazines on our websites or apps Suppliers and business partners and their representatives.

When interacting with our websites, you also have the opportunity to use links or connections to websites, services, social networks, applications or other features of other providers. Activating these features means that providers other than those of SCHELLING will process data relating you. SCHELLING has no influence or control over these features of other providers. We recommend that you read the privacy policies of these providers before using these features.

4. Copyright and other rights on our web pages

The information contained on these web pages is made available to the public. Downloading or copying content, images, photos or other files does not transfer any rights to the content. Copyright and all other rights to content, images, photos or other files on this website are held exclusively by SCHELLING or the explicitly named rights holders. Reproduction (in whole or in part), transmission (electronically or by other means), modification, linking or use of the website for public or commercial purposes is prohibited without prior written consent.

5. Disclaimer

Although SCHELLING takes great care to ensure the accuracy of the published information, it cannot guarantee the correctness, accuracy, up-to-dateness, reliability or completeness of the content. SCHELLING expressly reserves the right to change, delete or temporarily not publish content, in full or in part, at any time without prior notice. In no event will SCHELLING be liable for any damage of a material or immaterial nature arising from access to, use or non-use of the published information, or from misuse of the connection or technical faults. Access to and use of the website is not guaranteed.

6. Collection/recording of data

SCHELLING may collect data about you that has been recorded offline and online.
Offline data about you comes from our interactions with you during calls from SCHELLING, during consultations, personal events, at trade fairs, in personal meetings, conferences, workshops or meetings.
Online data about you comes from your activities on our websites, for example in connection with your information and your browsing behaviour, with enquiries when registering and funding our services on the websites, and via electronic communication tools such as email or telephone.
Data about you may also be provided by external sources, such as data aggregators, which may not have a relationship with you. This refers to information, which has been prepared, from public sources, such as market and financial data and industry reports.
Online data about you may also originate from the use of cookies and similar technologies (such as pixel tags and device identifiers) on our websites or third-party websites.

SCHELLING may also collect and process the following data when services are used:
Name and physical address, e-mail addresses and telephone numbers
Current, future and past demographic and behavioural attributes when linked to personal data that identifies you
Photos and testimonials
Transaction data, including ordered products and services, financial details and payment methods
Company data such as the name, size and location of the company you work for and your role in that company
Data from surveys and publicly available data, such as posts on social media
Unique IDs such as the identifier of your mobile device or the cookie ID in your browser
IP address and data that can be derived from the IP address, such as the geographical location
Data about a device you are using, such as browser, device type, operating system, presence or use of web pages and apps, screen resolution and preferred language
Behavioural information about the computer or device connected to the Internet through which you interact with the websites, such as advertisements you click on or display, websites and content areas, the date and time of the activity, or the web search used to find and access a website
The web search you used to locate and navigate to the channels

If it is relevant in connection with the requested services, SCHELLING will also collect information about family members, representatives, authorised representatives and business partners.
Please note that any content you may post in SCHELLING’s communities, forums or social networks is beyond SCHELLING’s control. In some cases, the content is publicly available on the Internet. Think carefully about whether you want to send personal information to these forums or social networks and make your profile available to other users. You should adjust all content you submit accordingly. SCHELLING assumes no responsibility for this and accepts no liability.

7. Purpose of data processing

7.1 General
In order for us to be able to provide the services you require, to communicate with you appropriately and to respond to your enquiries, we need to process information about you. We therefore have a legitimate interest in processing this data.
In order for us to carry out transactions with customers, suppliers and business partners and to process orders, purchases and downloads of our products and services, we need to process your data where this is necessary to enter into or fulfil a contract.
We process personal data for marketing and sales activities on the basis of your consent, if this is indicated on our websites at the time your personal data is collected, or if this is in line with our legitimate interest in marketing and advertising our products and services.
We rely on our legitimate interest in analysing, developing, improving and optimising our websites, products and services and maintaining the security of our websites, networks and systems.
To comply with applicable laws and regulations, e.g. to comply with a subpoena or requirements in connection with other legal proceedings or to process an opt-out request

7.2 Communication with the SCHELLING companies
When you contact us (e.g. by registering on our website or app, submitting contact forms on our websites, attending events or other occasions, sending an email or using social media platforms), we process data about you in order to communicate with you and respond to your enquiries. We may also use your personal data for interactions with you on third-party social networks.

7.3 Provision of features on our websites, in our apps and their technical and functional management
If you decide to register with us (for example, to use our communities, to subscribe to a newsletter, or to register in our e-shop), we will need to process the personal data you provide in order for us to create and manage a personal account for you. We will send you your personal login details when you create your account. This personal data enables us to manage your account, for example by changing your password for you.

7.4 Managing registrations for our services and products
If you have signed up on our website or in our app for a service or product, or you have registered with us, we will process information about you in order to manage your registration.

7.5 Marketing of our products and services or related products and services and customising our marketing and sales activities
SCHELLING may use information about you to inform you about new product versions and service developments, events, alerts, updates, prices, conditions, special offers and related campaigns and promotions (including newsletters). SCHELLING may also use personal data to promote products and services or related products and services, or to enable our distributors, agents or partners to inform you about our products or services or their related products or services (e.g. about new services, products and services, or about sales or product promotions). We strive to tailor your website visits, marketing experience and communications to the interests you have expressed. This occurs, for example, on the basis of your browsing behaviour on our website or our apps or on third-party websites and apps when you sign up to a SCHELLING community or a partnership programme of SCHELLING companies with third parties.
If you participate in an event, SCHELLING may process data about you collected in connection with the event and share data about your participation with your company. SCHELLING may also permit designated event partners or conference sponsors to send you communications in connection with your participation in the event. Please note that our partners or conference sponsors may request information about you directly. The use of the data you provide is subject to their respective privacy policies.
In addition, we may process your personal data in order to publish testimonials on our websites. However, we will ask you in advance for your consent to use your name and your testimonial.

7.6 Conducting transactions with customers, suppliers and business partners and processing orders for services and products
If you place an order for our products and services or provide services to SCHELLING, our employees, customers or partners as a supplier or business partner, SCHELLING will process data about you in order to conduct and manage the relevant transactions (e.g. by sending invoices and making payments), to manage your order and to assist you in setting up and implementing our products and services (e.g. by contacting you about activating your services). When you download products or services from our websites, SCHELLING will use information about you to confirm certain details of your order (for example that a download has been completed without any problem).

7.7 Analysis, development, improvement and optimisation of the use, functionality and performance of our websites, products and services
We may use your personal data to analyse, develop, improve and optimise the use, functionality and performance of our websites, products and services, and for marketing and sales campaigns. If the websites allow you to participate in interactive discussions, create a profile, post comments, business opportunities or other content, communicate directly with another user or otherwise engage in networking activities, SCHELLING may process personal data when moderating these activities.

7.8 Managing the security of our websites, networks and systems
We may collect website usage data for security management and operational management purposes in order to maintain the security of our websites, networks and systems as well as to investigate and prevent potential fraudulent activity. This also includes, for example, advertising fraud, cyber attacks and the detection of bots.

7.9 Compliance with applicable laws and regulations and conducting our business
Occasionally, we may need to process personal data in order to comply with applicable laws and regulations. This is the case, for example, if we comply with a request from an authority or defend a legal claim. In addition, we may process personal data in the course of providing and operating our business, e.g. to conduct internal audits and investigations or for financial, accounting, archiving and insurance purposes.

8. Retention

The platform user acknowledges and expressly consents to SCHELLING using all personal data (including documents) stored on SCHELLING’s websites or apps even after successful provision to the selected provider for the purpose of providing renewal offers in connection with contracts concluded with providers and marketing activities in accordance with the data protection declaration.
The following periods apply to the rentention of personal data at SCHELLING:
Data about you that we collect to carry out transactions with our customers, suppliers and business partners and to process the purchase of products and services will be retained for the duration of the transaction or service or for longer if required to comply with obligations relating to the retention of documents and to comply with statutory requirements. If you have registered on our website or our app, your account details will be retained for as long as your account remains active.
Your account and account details will be deleted if you do not log in for a period of 18 consecutive months. SCHELLING will keep records of this deletion for a period of 90 days.
For example, if you have subscribed to a newsletter or blog, your subscription data will be retained for as long as you remain on our mailing lists. SCHELLING will keep records of this deletion for a period of 30 days.
Contact information, such as your email address or telephone number, which we collect online on our websites or offline through our interactions with you at trade fairs, conferences and similar events and use for direct marketing and sales activities, will be retained for as long as we have an active (customer) relationship with you.
We will treat you as an active contact if, firstly, you have communicated or updated your contact details and preferences in connection with our services and products within the last 18 months and, secondly, you have not made a deletion request.

9. Involvement of third parties and disclosure of data to third parties

SCHELLING may involve third parties in Switzerland and abroad and/or pass on data to third parties in order to provide the service. This is done worldwide and also by using cloud technologies.
If data is transferred to a recipient in a country that does not provide adequate protection for personal data, SCHELLING will take measures to ensure that your data is adequately protected, for example by ensuring that such transfers are subject to the provisions of the EU Model Clauses.
Particularly in the following constellations:
In SCHELLING’s organisation with third parties such as service providers (including, for example, services in the areas of credit card processing, order processing, analysis, event/campaign management, website management, data technology and provision of the corresponding infrastructure, customer service, e-mail provision, audits, etc.) so that these service providers can perform business tasks on behalf of SCHELLING.
SCHELLING’s partners, in particular in connection with the websites, to enable them to tailor their tracking activities to your interests, other selected partners offering complementary products or services, and third parties to enable interest-based advertising.
Relevant third parties in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposal of all or any part of SCHELLING or its assets (including in connection with bankruptcy or other proceedings).
Where required by law, e.g. to comply with a subpoena or requirements in connection with other legal proceedings, if SCHELLING believes in good faith that disclosure is necessary to protect your rights, your security or the security of others, to investigate fraud or to respond to regulatory enquiries, including state and governmental authorities outside your country of residence, for reasons of national security and/or for law enforcement purposes.

In such cases, SCHELLING is obliged to carefully select, instruct and monitor the service providers.

10. Data security

SCHELLING has implemented appropriate technical, physical and organisational measures designed to protect personal data against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorised disclosure or access as well as all other forms of unlawful processing.

11. Cookies und ähnliche Technologien

11.1 General
Cookies and similar technologies (e.g. pixel tags and device identifiers) are used by SCHELLING and its advertising technology partners to recognise you and/or your device (s) within or outside different services and devices or across different services and devices.
“Cookies” are small text files that contain a string of characters and are used to uniquely identify a browser on a device connected to the Internet. Every browser that visits our websites receives cookies from us. We also place cookies in your browser when you visit third-party websites that host our plug-ins or tags. We use cookies and other technologies on all our websites to provide you with the optimum and most secure experience on our websites and to provide you with tailored information about products and services. SCHELLING also uses cookies or similar technologies on the Websites to collect online data, such as the ID of your mobile device, the IP address and other data about your device, as well as behavioural data about your device usage on our websites (e.g. pages viewed, links clicked on, downloaded documents). This data flows into third-party services used by SCHELLING that are designed to provide targeted digital advertising and personalisation services.

11.2 Types of cookie
We may use personalised or embedded URLs that allow us to identify you even without cookies. When you use an obviously personalised or embedded URL, personal data may be collected when you browse through our website.
We may use pixel technologies embedded in the electronic channels to identify individual user visits (as opposed to total access) or for advertising purposes. Embedded pixels or other technologies can also be used in e-mails and online advertising. In this case, they provide information about when an email or advertisement was opened and how effective marketing campaigns are. The data collected with these technologies may be linked to the recipient’s e-mail address.

11.3 Managing cookie settings
If you do not wish to receive cookies, you can change the browser settings on your computer or any other device you use to access our services. Most browsers also offer features that allow you to check and delete cookies, including SCHELLING cookies.
However, we expressly draw your attention to the fact that certain services and data that are helpful to you can no longer be made available if you deactivate them. This may make it difficult or impossible to properly assess or provide advice and assistance that are useful for the comparison, use and purchase of products and services. In this case SCHELLING declines all liability.

12. Analysis and tracking technologies

We use analysis tools to obtain information about usage and to improve our services. These tools are usually provided by a third-party provider. As a rule, the data collected for this purpose about the use of a website and the app is transmitted to the third party’s server through the use of cookies. Depending on the third-party provider, these servers are located in Switzerland, the EU, the USA or other countries.
We also use so-called re-targeting technologies on our websites. These allow us to target users of our websites and the app with advertising on third-party websites as well. Adverts are displayed on websites on the basis of cookies in your browser, a cookie ID and an analysis of prior use.

12.1 Google Ads conversion tracking and Google remarketing
We use Google conversion tracking to collect statistics on the use of our websites and to evaluate them for the purpose of optimising our websites for you. Google Analytics/Ads sets a cookie on your computer if you accessed our website via a Google ad. These cookies expire after a maximum of 90 days and are not used for personal identification. If the user visits certain pages on the Google Ads customer’s website and the cookie has not yet expired, Google and the customer can detect that the user has clicked on the ad and has been redirected to this website. Each Google Ads customer receives a different cookie. Cookies can therefore not be tracked via the web pages of Google Ads customers.
The information collected with the help of the conversion cookie is used to generate conversion statistics for Google Ads customers who have opted for conversion tracking. Google Ads customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. They do not, however, receive information which can be used to identify users personally. If you do not want to participate in the tracking process, you can also opt out of the required setting of a cookie – for example, by means of a browser setting which disables the automatic setting of cookies in general.
As part of Google remarketing, cookies are used to collect your surfing behaviour for marketing purposes in anonymised form and to adapt advertising offers to your interests. Under no circumstances will these technologies collect or store personal data that can be traced back to your identity.

12.2 Google Places API
We use Google Places API to make location-based searches easier for our customers and to automatically complete their address data. The data collected through a search with the support of Google Places API is subject to Google’s terms of use. Google processes data about the user’s use of Places. You can find more information here: https://developers.google.com/maps/terms/.

12.3 Google Analytics, Google Firebase and DashThis
We use Google Analytics for our web pages and apps, in some circumstances Google Firebase (analytics services of Google Inc. “Google”) and DashThis from Moment Zero to analyse user behaviour. Analysing the use of the service enables us to tailor the service even more closely to customer needs. Usage data is not linked to personal data. Google and Moment Zero may transfer anonymised usage information to third parties where required to do so by law or where such third parties process the information on behalf of Google and/or Moment Zero. Google will in no event link your IP address with other data from Google. Google Analytics and DashThis from Moment Zero use cookies to analyse the website. Google and Moment Zero may use the information generated by the cookies to evaluate your use of the website. You can prevent the installation of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use all the features of all web pages and apps.
You can find further information on the privacy policies here:
https://policies.google.com/privacy?hl=en
https://dashthis.com/terms/
https://firebase.google.com/support/privacy/

12.4 Apogee StoreFront
Apogee StoreFront from Agfa-Gevaert N.V. is the cloud-based web-to-print solution that we use for our online shop on birki.ch. This shop solution sets cookies to process your request and order securely, to enable you to register and log in and to process the shipment tracking, shipping services, payment options, etc. offered. In addition, Apogee StoreFront may set cookies to analyse the use of the websites and improve the services. The functionally necessary cookie settings cannot be removed, as Apogee StoreFront may no longer be able to process your requests and orders and provide you with the services.
More information about Agfa and Apogee StoreFront can be found here:
https://www.agfa.com/corporate/privacy-and-legal-notice/

12.5 Hotjar
We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.
For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

12.6 Pardot
This website also uses an analysis tool from Pardot of salesforce.com Inc. Two cookies are set by Pardot Services. These are a “Visitor Cookie” and a “Pardot App Session Cookie”. The “Visitor Cookie” generates an identification number that is used to recognize the browser of the website visitor. The identification number is a generated numerical code that has no meaning outside of Pardot Services. The “Pardot App Session Cookie” is only set when a customer logs into the Pardot App as a user. All cookies only receive the generated number code.
We use Pardot to analyze and regularly improve the use of our website. For this purpose, we analyze the user or click behavior on our website in order to better tailor our communication to customer needs.The legal basis for the use of Pardot as an analysis tool and the associated data processing is your consent pursuant to Art. 6 para. 1 lit. a) DSGVO. You can revoke your consent at any time via the settings in the cookie consent banner. The data will be deleted as soon as they are no longer needed for our purposes. This is the case for us after 3 months.
You can find more information here: https://www.salesforce.com/company/privacy/

Here you will find information on the data protection of other software products and platforms we use (not exhaustive):

Microsoft
data protection declaration Microsoft Advertising:
https://about.ads.microsoft.com/de-de/policies/legal-privacy-and-security

Facebook
data protection declaration Facebook Conversion Pixel:
https://www.facebook.com/policy.php

Instagram
Instagram data protection declaration:
https://de-de.facebook.com/help/instagram/155833707900388/

LinkedIn
LinkedIn data protection declaration:
https://www.linkedin.com/legal/privacy-policy?_l=de_DE

Twitter
Twitter data protection declaration:
https://twitter.com/de/privacy

YouTube
YouTube data protection declaration:
https://support.google.com/youtube/answer/2801895?hl=en

If you wish to prevent these tools from being used, you can proceed as described in the sections listed.

13. Control options

We offer you various options with regard to the data about you that we process:
Refusal of the use of your data if the refusal has no influence on the functionalities of the offer. In principle, you may withdraw any consent previously given at any time within this context, including consent to receive messages by e-mail, SMS or push notifications (messages displayed on your smartphone) from an app.
Deletion of data if there are no legal retention periods
Correction of incorrect data
Refusal, limitation or restriction of the use of personal data, provided that this does not affect the functionality of the offer.

SCHELLING’s legitimate interests are reserved in the context of the offer or in the context of the fulfilment of legal obligations.
We would also like to draw your attention to the fact that if you deactivate certain services, functions and information that are helpful to you can no longer be made available. This may make it difficult or impossible to properly assess or provide advice and assistance that are useful for the comparison, use and purchase of products and services. In this case SCHELLING declines all liability.

14. Changes to the conditions

Conditions may change over time. This applies in particular to meet legal requirements because the business requirements have changed or in the event of adjustments or changes to the offer or in order to provide further/better functionalities. We kindly ask you to consult the data protection declaration on a regular basis. You can find the latest version on this website. If there is a significant change, you will be informed in an appropriate manner.

15. Kontakt

Written enquiries can be sent to the following address:

SCHELLING AG
Industriestrasse 11
CH-5102 Rupperswil
[email protected]

16. Dispute resolution or filing a complaint

If you have any complaints regarding our compliance with this data protection declaration, please contact us first. We will investigate and make every effort to resolve any complaints and disputes relating to the use and disclosure of personal data under the terms of this data protection declaration and in accordance with applicable laws.
Swiss substantive law shall apply exclusively. The place of jurisdiction is the location of our respective registered office in Switzerland in Rupperswil, Schafisheim, Oensingen, Reinach BL or Hanau in Germany.

17. Amendments to this data protection declaration

We reserve the right to amend and supplement this policy at any time and at our own discretion. Please consult this policy on a regular basis.

18. SCHELLING headquarters

The address of SCHELLING is:
SCHELLING AG
Industriestrasse 11
CH-5102 Rupperswil
[email protected]

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