Privacy Policy

1. Our contact details

Controller

The following controller is responsible for processing data in accordance with this privacy policy:

Nova Werke AG
Vogelsangstrasse 24
8307 Effretikon
E-Mail: dataprivacy@novaswiss.com

Point of contact for data privacy questions

If you have any questions about this privacy policy, our use of your data or your rights, please contact the coordination office at the address below:

Kowema AG
Kowema Group data protection centre
Lettenstrasse 2
6343 Rotkreuz
Switzerland
E-mail: dataprivacy@kowema.ch

EU data protection representative

Our data protection representative in the EU pursuant to Article 27 GDPR is:

Nova Deutschland GmbH
Am Brambusch 22
D-44536 Lünen
E-Mail: dataprivacy.EU@novaswiss.com

Our personal information protection representative in China pursuant to relevant Chinese data protection regulations is:

Jane Cheng
Managing Director Nova Werke China
Tel: +852 531 839 88
Mobile: +86 147 150 309 31
E-mail: jane.cheng@novaswiss.com.hk

2. What data we collect and for what purpose

2.1 Website visits (creation of log files) and other electronic resources

Every time a user visits our website, our web server automatically records data and information from the computer accessing the services. This includes, in particular, information on the browser type and the version being used, the user’s operating system, the user’s internet service provider, the referrer URL (website from which the user’s system accesses the Kowema website), websites that are accessed from the user’s system via the Kowema website, and the user’s IP address, access date and time, and client file request (file name and URL). This data is saved in our system’s log files (or those of third parties) together with other data, and is only used for the purposes of statistical analysis.

If you use other electronic resources, such as our wifi network or app(s), we collect specific technical data. This includes the logs in which we record the use of our systems (log data). We may sometimes also assign a unique identification number (ID) to your device (tablet, PC, smartphone, etc.).

We use this data to ensure a smooth connection setup, ease of use of the website and other electronic resources, evaluation of system security and stability, and for other administrative purposes. In general, this data does not enable us to draw any conclusions about your identity. However, it may be connected to other data categories – and therefore to you as an individual – in the context of user accounts and registrations.

2.2 Marketing and newsletter

We may use your name and your postal or e-mail address(es) to provide our services and send out newsletters, event information/invitations, publications and the like. The newsletter may be sent via external software partners that are based abroad. By registering, you consent to our transferring your data to our software partners, monitoring your open and click-through rates and to our contacting you directly in certain cases. We will obtain your consent first where required by law, unless we have obtained your contact details in the context of our services and you have not explicitly opted out of receiving marketing materials of this kind. If you no longer wish to receive these communications from us, you can unsubscribe at any time by using the contact details provided. An unsubscribe link is also included at the bottom of every e-mail.

There is also an option on the website to subscribe to a mailing list for electronic media releases and other information (industry updates, product news, events, etc.). The data that you enter in the form when registering will be sent to us. By registering, you consent to our processing your data, monitoring your open and click-through rates and to our contacting you directly in certain cases. You also confirm that you have read and understood our privacy policy. You can unsubscribe from the mailing list or a newsletter at any time.

Where we refer to third-party websites in information about products, events, etc. and you visit these websites, the privacy policy of the relevant website operators apply. We have no influence over these privacy policies.

2.3 Contact via e-mail and other communication channels

We offer you the option of contacting us via the e-mail address(es) published on our website and via other digital communication channels. In such cases we store the transmitted data.

Some digital communication channels are operated by companies that are based abroad, e.g. in the US. By using these digital communication channels, you consent to your data being transmitted abroad (e.g. to the US), to your open and click-through rates being monitored and to our contacting you directly.

Some digital communication traffic (e.g. e-mail) is unencrypted and unsecured, and you assume the associated risk.

2.4 Contact forms

Our website offers you the option of getting in touch with us and our experts so that we can contact you and respond to your query. The data you enter in this/these form(s) is sent to us using SSL encryption and stored. By using the contact form to get in touch with us, you consent to our processing your data. You also confirm that you have read and understood our privacy policy.

2.5 Applications

Our vacancies are published on our website and/or on external portals (including print media) and platforms. You can apply for vacancies directly via e-mail or by post. In both cases, this privacy policy applies. In the case of applications via external portals or platforms, the separate privacy policy posted in such portals or platforms shall apply.

2.6 In the context of business relationships

We process data that we obtain from our clients, other business partners and other individuals involved in the context of our business relationships with them. This includes, in particular, contact details such as salutation, first name, last name, sex, date of birth, address, e-mail address, phone number and other contact details, and communication data such as content exchanged in e-mails, other written correspondence, phone calls, video conferences, etc., and information about the form, time and place of the communication.

To the extent permitted, we also obtain data from public sources (e.g. commercial registers, media, internet, social media, etc.). In addition to data that you give to us directly, this includes data about you that we obtain from third parties (authorities, credit information, banks, address dealers and other third parties), in particular: information from public registers; in connection with official and court proceedings; in connection with your professional roles and activities; information about you in correspondence and conversations with third parties; information given to us by people you are in contact with (e.g. family, advisors, legal representatives or employers) so that we can conclude or perform contracts with you or with your involvement (e.g. references, powers of attorney); your address and any interests and other sociodemographic data (for marketing purposes).

3. Legal basis for data processing

3.1 In the context of our services and to fulfil contractual obligations

Data is processed for the purposes of providing our services to customers, including pre-contractual measures and post-contractual support, and for the purposes of meeting contractual obligations with other contractual partners. The data collected is used for the full performance of our services, including any later warranty claims, technical administration, etc. Please refer to the relevant contractual documents and terms and conditions for further details on the purposes of data processing.

3.2 In the context of a balance of interests

To the extent necessary and permissible, by the relevant laws of Switzerland, the European Union and China, we process your data beyond the actual fulfilment of the contract to safeguard our legitimate interests or those of third parties. This includes:

• Consulting and exchanging data with information centres and other third parties (e.g. debt collection registers)
• Checking and optimising needs analysis processes for the purpose of direct customer contact and collecting personal data from public sources for the purpose of customer acquisition
• Carrying out advertising or market and opinion research, unless you have objected to the use of your data
• Asserting legal claims and defending legal disputes
• Safeguarding IT security and IT operations, including video monitoring to protect property rights and other measures to ensure IT, building and system security, the protection of our employees and other individuals and assets belonging or entrusted to us, such as access controls, visitor lists, network and mail scanners and telephone recordings
• Preventing or investigating criminal acts
• Implementing measures to manage the business and develop services, products and the website
• Purchasing and selling business divisions, companies or parts of companies and other corporate transactions, and the related transfer of data and business control measures.

3.3 Based on your consent

Provided that you have given us consent to process your personal data for specific purposes, the processing is lawful on the basis of your consent. Any consent given can be revoked at any time. Any revocation of consent does not affect the lawfulness of data processed up until the time of revocation.

3.4 Based on legal regulations or in the public interest

We are also subject to various legal obligations requiring us to process your data.

4. Passing on data, including transfer abroad

We will only pass your data on to third parties – in the context of our business activities and for the purposes described in this privacy policy – if we are legally required to do so by a court order or official regulations, if necessary for the establishment, exercise or defence of legal claims or for the performance of contracts and business activities, or on the basis of your consent. These third parties include, in particular, the following categories of recipient:

• Nova Werke AG group companies Contact & Locations at Nova Swiss - Nova Swiss
• Group companies according to this overview (Subsidiaries - KOWEMA). The Group companies may process your data (i) on our behalf, (ii) jointly with us, or (iii) independently. We may also disclose particularly sensitive data to our Group companies.
• Data processors, such as service providers evaluating use of the website (for marketing purposes), IT service providers (data management, data storage, technical support, newsletter dispatch, etc.), and service providers in the areas of recruitment, talent management, HR and other services
• External business partners (e.g. traders, suppliers, subcontractors, banks, debt collection agencies) and experts in connection with the contractual service
• Competitors, industry organisations, associations and other bodies
• Acquirers and parties interested in acquiring business divisions, companies and other parts of the Kowema Group
• Media
• Domestic and foreign authorities, government offices and courts
• Other parties in potential and actual legal proceedings

We do not only process personal data in Switzerland. Your data may be processed in the European Union or in any country in the world (including China and the US). If the level of data protection in the third-party data processor’s country is considered inadequate for Swiss standards (including the US), we grant suitable data protection by means of appropriate guarantees (e.g. standard contractual clauses) except where there are legal exceptions (e.g. your consent), where the recipient is already subject to a legally recognised framework (e.g. Swiss-US Data Privacy Framework) for the assurance of data protection, or where we can rely on an exemption. Such contractual precautions (guarantees) can partially offset weaker or lacking legal protection, but cannot entirely exclude all risks (e.g. of state access abroad).

Please also note that data exchanged via the internet is often sent via third countries. Your data may therefore be sent abroad even if the sender and recipient are located in the same country.

5. Data security

We use appropriate technical and organisational measures as part of our systems to protect your data against loss, destruction, modification and unauthorised access by third parties while we are storing it.

Technical security measures include encryption (including login data) and pseudonymisation of data, logging, access restrictions and saving of backup copies.

We also take our own in-house data protection very seriously. Our employees and the service providers appointed by us are obliged to uphold confidentiality and comply with data protection laws. Our data processors are also obliged to take appropriate technical and organisational security measures. In addition, they are only granted access to personal data to the extent necessary.

Our security measures are continuously adapted in line with new technological developments, but we cannot guarantee absolute protection.

7. Period during which your personal data is processed

We will only process your data for as long as is necessary for the relevant purpose and to meet our contractual and legal duties, including statutory retention requirements (generally 10 years but varying from jurisdiction to jurisdiction depending on their specific legal requirements), or if you have given us your consent to do so. We will continue to process your data if we have a legitimate interest in storing it, to the extent permitted by relative laws and regulations of the jurisdiction. In particular, this might be the case if we require personal data to enforce or defend against claims, for archiving purposes, or to ensure IT security.

8. Your rights

You can choose between several options when using this website. You may choose not to enter any data by not completing any forms or data fields on our website, blocking cookies and not using any of the personalised services we offer.

If you do decide to enter personal data or provide this to us in the context of our business relationship, you have the right, in specific circumstances and to the extent provided for by law, to information, data rectification, data deletion, restriction of data processing, withdrawal of your consent and, if applicable, data portability and objection. However, this is not an absolute right. We reserve the right to enforce the statutory restrictions and will inform you of this accordingly.

If you wish to exercise your rights against us, please provide corresponding ID.

Every data subject also has the right to assert their claims in court or submit a complaint to the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html). You can find a list of European data protection authorities here. The competent data protection authority in China is the Cyberspace Administration of China.

9. Right of modification

This privacy policy does not form part of a contract with you. We reserve the right to modify this privacy policy at any time, particularly if we change the way in which we process your data or if new legislation comes into force. We will not reduce any of your rights under this privacy policy without your explicit consent. The version published on this website is the current version. When a new version is published, it replaces previous versions.