Data protection

Data protection declaration

1. data protection at a glance

General Notes

The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.

Data collection on our website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. You can find his contact details in the imprint of this website.

How do we collect your data?

On the one hand, your data is collected by you providing it to us. This may be, for example, data that you enter in a contact form. Other data is collected automatically by our IT systems when you visit the website. This is mainly technical data (e.g. Internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

What rights do you have with regard to your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have a right to request the correction or deletion of this data. You can contact us at any time at the address given in the imprint with regard to this and other questions on the subject of data protection. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You also have the right to request the restriction of the processing of your personal data under certain circumstances. For details, please refer to the privacy policy under “Right to restriction of processing”.

Analysis tools and tools from third-party providers

When visiting this website, your surfing behavior can be statistically analyzed. This is done mainly with cookies and with so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you.

You can object to this analysis or prevent it by not using certain tools. For detailed information about these tools and about your opt-out options, please see the following privacy statement.

2. Hosting

External hosting

This website is hosted by an external service provider (hoster). Personal data collected on this website is stored on the hoster’s servers. This may include, but is not limited to, IP addresses, contact requests, meta and communication data, contractual data, contact data, names, website accesses and other data generated via a website.

The hoster is used for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 para. 1 lit. b DSGVO) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f DSGVO). Our hoster will only process your data to the extent necessary to fulfill its service obligations and will follow our instructions regarding this data.

Conclusion of a contract for order processing

To ensure data protection-compliant processing, we have concluded an order processing contract with our hoster.

3. General notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data is collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how this is done and for what purpose.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of the data against access by third parties is not possible.

Note on the responsible party

The responsible party for data processing on this website is:

SWAN GmbH
Annastraße 3
86150 Augsburg
Germany

General Manager: Alexander Bernhard

Phone: +49 821 5434 3700
E-Mail: mail@swan.de

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Data protection officer required by law

We have appointed a data protection officer for our company.

Rolf Ament
Villastr. 2
73230 Kirchheim
Germany

Phone: +49 170 3722 660
E-Mail: amnet@derdatenschuetzer.de

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke an already given consent at any time. For this purpose, an informal message by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in special cases and to direct advertising (ART. 21 DSGVO)

If the data processing is based on Art. 6 para. 1 lit. E or F GDPR, you have the right to object to the processing of your personal data at any time on grounds relating to your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims (objection under Article 21 (1) of the GDPR).

If their personal data are processed for the purpose of direct marketing, they have the right to object at any time to processing of personal data concerning them for such marketing; this also applies to profiling insofar as it is related to such direct marketing. If they object, their personal data will subsequently no longer be used for the purpose of direct marketing (objection pursuant to Art. 21 para. 2 DSGVO).

Right to lodge a complaint with the competent supervisory authority

In the event of breaches of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged breach. The right of appeal is without prejudice to other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the browser address bar changes from “https://” to “https://” and by the lock symbol in your browser bar.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, blocking, erasure and rectification

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if applicable, a right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. For this purpose, you can contact us at any time at the address given in the imprint. The right to restrict processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.

If the processing of your personal data happened/is happening unlawfully, you may request the restriction of data processing instead of erasure.

If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.

If you file an objection pursuant to Art. 21 para. 1 DSGVO, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may – apart from being stored – only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

Objection to advertising e-mails

The use of contact data published within the scope of the imprint obligation for the transmission of not expressly requested advertising and information materials is hereby contradicted. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.

4. Data collection on our website

Cookies

The internet pages partly use so-called cookies. Cookies do not harm your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies”. They are automatically deleted after the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies allow us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When cookies are disabled, the functionality of this website may be limited.

Cookies that are required to carry out the electronic communication process or to provide certain functions that you have requested (e.g. shopping cart function) are stored on the basis of Art. 6 para. 1 lit. f DSGVO stored. The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

Insofar as other cookies (e.g. cookies to analyze your surfing behavior) are stored, these are treated separately in this privacy policy.

Change your cookie settings for this website

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

This data is not merged with other data sources.

The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website – for this purpose, the server log files must be recorded.

Contact Form

If you send us inquiries via the contact form, the information you provide in the inquiry form, including the contact data you enter there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not share this data without your consent.

The processing of this data is based on Art. 6 para. 1 lit. b DSGVO, insofar as your request is related to the performance of a contract or is necessary for the performance of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 (1) f DSGVO) or on your consent (Art. 6 (1) a DSGVO) if this has been requested.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory legal provisions – in particular retention periods – remain unaffected.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We do not share this data without your consent.

The processing of this data is based on Art. 6 para. 1 lit. b DSGVO, insofar as your request is related to the performance of a contract or is necessary for the performance of pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6 para. 1 lit. a DSGVO) and/or on our legitimate interests (Art. 6 para. 1 lit. f DSGVO), as we have a legitimate interest in the effective processing of the requests addressed to us.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Processing of data (customer and contract data)

We collect, process and use personal data only to the extent that they are necessary for the establishment, content or modification of the legal relationship (inventory data). This is done on the basis of Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the performance of a contract or pre-contractual measures. We collect, process and use personal data about the use of this website (usage data) only to the extent necessary to enable the user to use the service or to bill the user.

The collected customer data will be deleted after completion of the order or termination of the business relationship. Statutory retention periods remain unaffected.

5. Analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

The storage of Google Analytics cookies and the use of this analysis tool are based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its web offering and its advertising. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

IP anonymization

We have activated the IP anonymization function on this website. As a result, your IP address is shortened by Google within member states of the European Union or in other contracting states to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.

Browser Plugin

You may refuse the use 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 the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout.

Objection to data collection

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent the collection of your data during future visits to this website: DISABLE GOOGLE ANALYTICS.
For more information on how Google Analytics handles user data, please see Google’s privacy policy: support.google.com/analytics/answer/6004245.

Order processing

We have concluded an order processing agreement with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic characteristics in Google Analytics

This website uses the “demographic characteristics” function of Google Analytics. This allows reports to be generated that contain statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google as well as visitor data from third-party providers. This data cannot be assigned to a specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as shown in the item “Objection to data collection”.

Storage duration

Data stored by Google at user and event level that is linked to cookies, user identifiers (e.g. User ID) or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) is anonymized or deleted after 14 months. For details, please see the following link: support.google.com/analytics/answer/7667196

6. Newsletter

Newsletter data

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data is not collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered in the newsletter registration form is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the “unsubscribe” link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored by us for other purposes remain unaffected by this.

Nach Ihrer Austragung aus der Newsletterverteilerliste wird Ihre E-Mail-Adresse bei uns bzw. dem Newsletterdiensteanbieter ggf. in einer Blacklist gespeichert, um künftige Mailings zu verhindern. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

7. Plugins and tools

Google Web Fonts

This site uses so-called web fonts provided by Google for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.

Helpdesk ticket system

We offer our customers the use of a ticket system for the fast processing of their support requests. When activating the button ” Helpdesk Ticket System” a redirection to the following external URL takes place swan.cloudiax.com/mariproject. The following data is transmitted for the use of the service: E-mail address, IP address, name, username, company, contact person as well as an encrypted password and access times. The aforementioned data will remain in the system until the existing maintenance contract is cancelled or the contractual relationship has been terminated.

The use of the ticket system is in the interest of an appealing website offer and to expand our support offer for our users. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

8. Own services

Applications

We offer you the opportunity to apply to us (e.g. by e-mail, post or via online application form). In the following, we inform you about the scope, purpose and use of your personal data collected during the application process. We assure that the collection, processing and use of your data will be in accordance with applicable data protection law and all other legal provisions and that your data will be treated in strict confidence.

Scope and purpose of data collection

If you send us an application, we process your associated personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) insofar as this is necessary to decide on the establishment of an employment relationship. The legal basis for this is § 26 BDSG-neu under German law (initiation of an employment relationship), Art. 6 para. 1 lit. b DSGVO (general contract initiation) and – if you have given your consent – Art. 6 para. 1 lit. a DSGVO. The consent can be revoked at any time. Your personal data will only be passed on within our company to persons who are involved in processing your application.

If the application is successful, the data submitted by you will be processed on the basis of § 26 BDSG-neu and Art. 6 para. 1 lit. b DSGVO for the purpose of implementing the employment relationship is stored in our data processing systems.

Retention period of the data

If we are unable to make you a job offer, if you reject a job offer or withdraw your application, we reserve the right to retain the data you have provided on the basis of our legitimate interests (Art. 6 Para. 1 lit. f DSGVO) for up to 6 months from the end of the application process (rejection or withdrawal of the application). Subsequently, the data is deleted and the physical application documents are destroyed. The storage serves in particular evidence purposes in the event of a legal dispute. If it is apparent that the data will be required after the 6-month period has expired (e.g. due to an impending or pending legal dispute), the data will not be deleted until the purpose for continued storage no longer applies.

A longer storage can also take place if you have given a corresponding consent (Art. 6 para. 1 lit. a DSGVO) or if legal storage obligations oppose the deletion.

Admission to the applicant pool

If we do not make you a job offer, we may be able to include you in our applicant pool. In case of acceptance, all documents and information from the application will be transferred to the applicant pool in order to contact you in case of suitable vacancies.

Inclusion in the applicant pool is based exclusively on your express consent (Art. 6 para. 1 lit. a DSGVO). The submission of the consent is voluntary and is not related to the current application process. The data subject may revoke his/her consent at any time. In this case, the data will be irrevocably deleted from the applicant pool, unless there are legal reasons for retention.

The data from the applicant pool will be irrevocably deleted no later than two years after consent has been given.

Additional passage on Personio Recruiting Tool

For our recruiting, we use the services of Personio GmbH and provide an application tool at the following URL: swan.de/en/about-swan/career/ and swan-gmbh.jobs.personio.de. This recruiting site is operated by Personio GmbH, a company based in Germany that provides human resources administration and applicant management software (https://www.personio.de/impressum/). The data transmitted as part of your application will be transferred via TLS encryption and stored in a database.

The company that carries out this online application procedure is solely responsible for this data within the meaning of Art. 24 DSGVO. Personio is only the operator of the software and this recruiting page and in this context processor according to Art. 28 DSGVO.

The basis for the processing by Personio is existing contract for commissioned processing between the Controller and Personio. In addition, Personio GmbH processes further data for the provision of its services, in particular for the operation of this Recruiting Site, some of which may also be personal data. For more information on the processing of personal data, please click on the following link: swan-gmbh.jobs.personio.de/privacy-policy