Data Privacy Notice
Data Privacy Notice
1. Privacy Policy of Linde Kryotechnik AG
With this privacy policy, we would like to inform you about the processing of your personal data by Linde Kryotechnik AG, Daettlikonerstrasse 5, 8422 Pfungen, Switzerland (hereinafter referred to as "LKT") in connection with the processing activities described below.
From time to time, it may be necessary to adapt this privacy policy as a whole as well as individual parts of it in order to comply with current legal requirements or to cover the introduction of new services.
Datenschutzerklärung der Linde Kryotechnik AG (Data Privacy Policy of Linde Kryotechnik AG in German)
2. LKT as Controller (Art. 5 DSG)
LKT is a subsidiary of Linde plc, a leading global industrial gases and engineering company (referred to in this document as "Linde"), which includes group companies in approximately 100 countries worldwide.
LKT is in control of processing of your personal data within the meaning of Art. 5 FADP.
LKT's data protection advisor is available to answer any questions you may have about data protection at LKT by e-mail at dataprotection@linde-kryotechnik.ch or by phone at +41 52 304 05 55.
3. Your data protection rights
In connection with the processing of personal data by LKT, data subjects have the following rights in accordance with Articles 25 of the FADP:
- Right to rectification;
- Right to disclosure of electronic data;
- Right of access to the categories and processing of data;
- Right to erasure and confirmation of erasure;
- Right to human hearing;
- Right to objection
In addition, you have the right to revoke your consent to the processing of your personal data at any time with effect for the future. Such revocation has no effect on the past, i.e. it does not affect the legitimacy of the data processing carried out up to the revocation.
If you are of the opinion that the processing of personal data by LKT AG is not in accordance with the provisions of data protection law or you are not satisfied with the information provided by us, you have the right to lodge a complaint with the competent supervisory authority (cf. Art. 32, 51, 65 FADP).
Office of the Federal Data Protection and Information Commissioner FDPIC
Feldeggweg 1, CH - 3003 Bern
Telefon: +41 (0)58 462 43 95
Telefax: +41 (0)58 465 99 96
IMPORTANT NOTICE
Information regarding your Right of Objection
You have the right to object at any time to certain types of processing of your data for reasons arising from your particular situation. This right applies to data processing in the public interest and to data processing to protect legitimate interests. This right also applies to profiling, insofar as it is based on these two provisions.
If you object, we will cease processing your personal data. However, this does not apply if we can prove compelling reasons worthy of protection for the processing, that outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
You have the right to object to the processing of your personal data for direct marketing purposes. If you object to direct marketing purposes, we will no longer process your personal data for these purposes.
Your objection does not require any special form and can be sent by e-mail to the following address:
dataprotection@linde-kryotechnik.ch
4. Transfer to Third Party Countries or International Organizations
We take care not to transfer your data to recipients in countries without an adequate level of data protection (third party countries). However, in some cases, this cannot be completely avoided. Where this is the case, LKT has taken and will take appropriate measures to ensure an adequate level of data protection at the recipient at all times. These include in particular adequacy decisions by the FDPIC or standard data protection clauses adopted by the FDPIC.
5. Storage and Retention Periods
We process personal data only as long as it is necessary for the fulfillment of our contract obligations. As soon as the data concerned is no longer required for this, it is generally deleted. However, in order to comply with certain legal requirements, we must store some data beyond the termination of contractual relationships. This includes commercial and tax documentation, evidence and storage obligations. In these cases, we are generally required to safeguard or store data for three to ten years, or in rare instances, e.g. in legal disputes for up to 30 years.
6. Purpose of processing and legal basis
We process your personal data only for permissible purposes and in accordance with the applicable legal provisions of the Swiss Data Protection Act of 25 September 2020 (FADP), as well as the Data Protection Regulation (DPA) of 31 August 2022.
We process personal data only to the extent necessary to fulfill our contractual and legal obligations in connection with the business relationship with our customers, suppliers and partners. "Processing" means that we collect, store, delete or transfer personal data, to list a few examples. Personal data processed by us includes:
- Master and contact data of customers and suppliers, such as name, address, telephone number, e-mail address, function, department of our contact persons, etc.
- Data we need for invoicing and payment processing, such as bank details, tax number, credit management information, etc., as far as it concerns the data of a natural person
- Supplier and customer relationship management information, such as order history, etc., as far as it concerns the data of a natural person
We regularly receive the personal data processed by us within the framework of and in the course of our business relationship with our customers. In some cases, we also receive personal data from affiliated companies of Linde, e.g. contact data from suppliers within Linde's supplier relationship management. In some cases, we also process personal data that we have received in another manner, in accordance with the applicable data protection laws. This is regularly the case regarding:
- Publicly accessible sources, e.g. trade and business registers, trade fairs, exhibitions, Internet sources, newspapers, trade directories, etc.
- Third parties who are not affiliated with Linde, e.g. trade/business associations, credit agencies, insurance companies, etc.
6.1 We process data to protect legitimate interests.
We also process personal data insofar as it is necessary to safeguard the legitimate interests of LKT or Linde companies as well as our customers (and, if applicable, other third parties). Where this is the case, we process personal data only after due consideration of your relevant interests.
This includes in detail e.g.:
- The supply of products and the provision of services
- Customer service and handling of complaints
- Direct mail, provided you have not objected to the processing of your personal data for these purposes
- The surveillance of publicly accessible rooms in our branches with optical-electronic equipment (video sur-veillance)
- Transfer of personal data within Linde for internal administrative purposes
6.2 We process data with your consent.
We also process your personal data if you have given us your consent, e.g. in the case of
- Newsletter Registrations
- Actions
- Contact us
You can revoke your consent at any time. Please note, however, that data processing remains permitted until the time of revocation.
6.3 We process data in order to comply with legal obligations.
We are required to process certain data in order to comply with legal obligations. Such obligations may arise from certain provisions of national commercial, commercial, tax and social law as well as European legislation, e.g. in connection with regulations for the prevention of terrorist financing. In detail, this may also result in obligations on the part of LKT to secure, store, report and collect data, which are usually used for control purposes by the respective authorities.
6.4 Information on the change of purpose
If we process your personal data for a reason other than that for which we originally collected it, we will only do so to the extent permitted by law and will inform you of this new purpose.
6.5 Recipients of your data
Personal data will only be made available to other companies of Linde if and insofar as this is necessary to protect our legal and contractual rights and obligations. This, for example, can be the case for the coordination of our contractual services. Typical examples are centralized supplier and customer management services, centralized IT services and internal shared service center in finance and accounting.
We cooperate with external service providers to fulfill certain contractual obligations. This is the case, for example, in connection with specific supplier and customer management services, hosting of IT infrastructure and external shared service center in finance and accounting, payment processing (credit card, direct debiting, purchase on account), logistics and delivery, promotional activities or the transaction of online orders. As far as we involve external service providers, this always takes place within the legal limits and in compliance with the applicable data protection regulations.
We only transfer personal data to other recipients outside Linde if we are legally obliged or permitted to do so. In all other cases, we will only transfer your data to other third parties if you have given us your corresponding consent.
In the context of the continuous development of our business, we may divest subsidiaries or business parts or merge our business or parts thereof with another company. Such transactions typically entail the transfer of customer information pertaining to the sold or divested subsidiary or business part to the buyer or to the company created by the merger. In the unlikely event of a complete sale of LKT or substantial parts thereof, your personal information will also be transferred to the buyer.
6.6 Obligation to provide data
In order to be able to provide our services to our customers, we need to process certain personal data or are legally obliged to do so. We collect the corresponding data from you when you conclude the contract (e.g. address, business contact details and function). Without this data, we cannot conclude any contracts with our customers.
6.7 Automated decision-making and profiling
We do not use automated decision-making processes for procedures that have legal effects or similarly significant effects on you. No decision is made without further human review.
7 How we use Personal Data for the purposes of our Websites
Linde's companies operate websites to inform you about the companies and their products and services.
7.1 Type and origin of the personal data processed by LKT
When you visit one of the websites of Linde, we collect certain personal data from you. Personal data processed in this connection may include your name, address, phone number or email address. Personal data processed in connection with the operation of our websites is typically actively provided by you when you use our website, e.g. when you register for a certain service such as a newsletter. In some cases, however, personal data processed can also be provided by third parties who are not affiliated with Linde, such as internet service providers or marketing affiliates or software plug-ins mainly due to technical reasons. The following data (in particular log information and device data) is automatically processed by LKT:
- The name of your Internet Service Provider (ISP)
- Your IP address
- Your browser type and your operating system (OS)
- Date, duration and time of your visit
- Visited websites
- Extracted data & downloaded files
- Your country
- Your referrer URL
- Your search term in case you were referred to our website by a search engine
7.2 Purpose for processing by LKT and Legal Basis
We process personal data only to the extent necessary in each case.
7.3 We process Data to fulfill our Contractual Obligations
We process personal data to fulfill our contractual obligations towards our customers or to carry out so-called pre-contractual measures, which take place upon a specific request. This may be the case when you register for certain services, for online orders or our supplier portal.
7.4 We process Data to protect Legitimate Interests
We also process personal data insofar as it is necessary to safeguard the legitimate interests of LKT or Linde companies as well as our costumers (and, if applicable, other third parties). Where this is the case, we process personal data only after due consideration of your relevant interests.
This includes in detail e.g.:
- Measures to analyze pseudonymized user behavior to further improve our websites
- Measures to provide website functionalities such as user account management, shopping carts
7.5 We process Data with your Consent
We also process your personal data if you have given us your consent. You may revoke your consent at any time. Please note, however, that data processing up to the date of revocation remains permissible. This includes in detail e.g.:
- Newsletter registrations
- Promotions
- Contact enquiries
8 Social media providers
On some websites, LKT integrates some additional content and publications (blogs, posts, news, videos, interviews etc.) which has already been published in other social media / social networks (e.g. Facebook, LinkedIn, Twitter). As long as you do not click on any such content, no personal information will be transmitted to the respective social media provider.
By clicking on Social Media Wall content, your IP address will be transferred to the respective social media provider and stored, processed and used there in accordance with his privacy policy. To the extent that cookies of these social media providers are used in this regard, these will be dropped in accordance with applicable legal regulations (FADP, GDPR) as described in our Cookie Policy.
You can find further details regarding the processing of your personal information by the social media providers here:
9 Links
Our websites contain links to other websites, which are subject to separate data protection notices of the respective operators of such websites.