Data Protection Statement

ersion 10/2023

JANICO GROUP PRIVACY POLICY

1. Overview and scope

We are pleased that you are visiting our website and thank you for your interest in our company and our quality products. The protection of personal data is an important concern for us.

This privacy policy provides information on how and for what purposes companies belonging to the Janico Group (hereinafter “we”) process your personal data (hereinafter “you”) which you disclose to us or which we collect from you.

The Janico Group includes the following companies:
•  Janico Holding AG, CHE-414.752.143, Frauenfeld, Switzerland;
•  Janico Management AG, CHE-100.846.894, Frauenfeld, Switzerland;
•  Plica AG, CHE-103.663.775, Frauenfeld, Switzerland;
•  Tegum AG, CHE-102.347.314, Frauenfeld, Switzerland;
•  Casaton AG, CHE-106.556.360, Frauenfeld, Switzerland;
•  TradeBy AG, CHE-366.291.255, Frauenfeld, Switzerland;
•  Plica GmbH, DE326313287, Lörrach, Germany.

Janico Group operates the following websites in particular:
•  https://www.janico.ch
•  https://www.plica.ch
•  https://www.plicasso.ch
•  https://www.tegum.ch bzw. www.tegum.com
•  https://www.tegumpromo.ch
•  https://www.gastools.ch
•  https://www.casaton.ch
•  https://www.tradeby.ch
•  https://www.meintool.ch
•  https://www.worklight.ch
•  https://www.klebeguru.ch
•  https://www.plica-gmbh.de
•  https://plicasso.de

“Personal data” means any data and information relating to an identified or identifiable natural person.

 

2. Responsible and contact person

As Janico Group is made up of different companies, the company responsible for processing your personal data may vary. The Janico Group company with which you correspond or transact business, or which has referred you to this Privacy Policy as part of an enquiry, contract or other correspondence, is responsible for processing your personal data under this Privacy Policy.

Depending on the type of data processing, the companies of the Janico Group may each individually or jointly assume the role of data controller or also the role of data processor.

The contact person for any questions you may have regarding data protection is, regardless of which Janico company is responsible for the processing of your personal data in the individual case:

Switzerland:
Janico Holding AG
Zürcherstrasse 350
CH-8500 Frauenfeld
Phone: +41 52 723 61 00
E-mail: info@janico.ch

Germany:
Plica GmbH
Wallbrunnstrasse 24
DE-79539 Lörrach
Phone: +49 7621 / 588 32 30
E-mail: verkauf@plica-gmbh.de

If you have any queries about data protection, please contact our addresses above.

 

3. Data origin and data categories

As a matter of principle, we only process personal data that we receive or collect from our customers, interested parties, business partners, suppliers and website visitors in the course of our business activities. To the extent permitted, we also obtain certain data from publicly accessible sources (e.g. debt enforcement register, commercial register, press, internet) or, exceptionally, receive such data from other companies, authorities or other third parties. If you provide us with personal data of other persons (e.g. family members), we ask you to ensure that these persons are aware of this privacy policy and only share their personal data with us if you have been permitted to do so and if the relevant personal data is correct.

The personal data or categories of personal data processed by us include, depending on the case, in particular personal and contact data (e.g. name, address, gender, telephone number and e-mail ad-dress); identification and background information (e.g. date of birth, civil status, language, passport copies); contractual data that we receive or collect in connection with the initiation, conclusion and performance of contracts with you (e.g. goods and services claimed or requested by you and related behavioural and transactional data, financial data for payment purposes such as bank account details); employment details (e.g. job title, title, function); transaction data (e.g. payment transaction data, details of your payment order as well as details of the payee or beneficiary and the purpose of the payment); communication data (e.g. content of e-mails, written correspondence, chat messages, social media posts, comments on websites, telephone calls, video conferences, proof of identity, marginal data); documentation data or data from your contacts with third parties (e.g. consultation or interview transcripts, file notes, references); preference and marketing data (e.g. data on the use of our websites or other digital offerings (mobile app etc.), data related to the marketing of services such as newsletter sign-ups/sign-offs, documents received and special activities, personal preferences and interests); public data that can be obtained about you (e.g. land register and commercial register data, data from the media and the press); data in connection with (potential) proceedings or investigations by authorities, official agencies, courts, organisations or other bodies; data for compliance with legal requirements, such as in connection with export restrictions; image and sound recordings (e.g. photographs, videos and sound recordings of customer events, trade fairs and meetings, recordings of video surveillance systems, recordings of telephone and video conference calls); and technical data (e.g. IP address and other device IDs, identification numbers assigned to your device by cookies and similar technologies).

 

4. Processing purposes and legal bases
4.1 Generally within the scope of our business activities

We process your personal data primarily for those processing purposes, which are necessary in con-nection with our business activities and the provision of our services. In particular, we process your personal data for the following purposes:

• to communicate with you, in particular to provide you with information or to process your requests, to be able to authenticate and identify you, for customer service and customer care;

• for the performance of contracts, namely in connection with the initiation, conclusion and perfor-mance of contractual relationships. This includes all data processing that is necessary or appropriate in order to conclude, execute and, if necessary, enforce a contract, such as processing to decide whether and how (e.g. with which payment options) we enter into a contract with you (including credit checks), to provide contractually agreed services, e.g. to provide services and functions (including personalised service components), to invoice our services and to process your order, e.g. to provide services and functions (including personalised service components), to invoice our services and generally for accounting, processing applications (e.g. managing and evaluating applications, conducting interviews including creating personality profiles, obtaining reference information), to enforce legal claims arising from contracts (e.g. debt collection, legal proceedings, etc.);

•  to provide you with our services and our digital offers (e.g. websites, mobile apps) and to evaluate and improve them;

• to inform you about new developments (e.g. newsletters) or to send you other information about our services;

•  to invite you to occasions (e.g. fairs);

•  for customer care and marketing purposes, e.g. to send you written and electronic communications and offers and to carry out marketing campaigns (e.g. newsletters);

• in connection with accounting, archiving data and managing our archives;

• for training and education: We may process your personal data to provide internal training and to train and develop our employees;

• when selling receivables, e.g. if we provide the purchaser with information about the reason for and amount of the receivable and, if applicable, the creditworthiness and behaviour of the debtor;

• for security measures, namely for IT and building security measures (such as access controls, visitor lists, prevention, defence and resolution of cyber attacks and malware attacks, network and mail scanners, video surveillance, telephone recordings), as well as for the prevention and resolution of criminal offences and other misconduct or conducting internal investigations, protection against misuse, evidentiary purposes, data analysis to combat fraud, evaluation of system-side records of the use of our systems (log data);

• in connection with corporate transactions or other acts under company law (e.g. due diligence, sale of companies, keeping share registers, etc.);

• for the assertion of legal claims and defence in connection with legal disputes as well as official proceedings at home and abroad, including the clarification of litigation prospects and other legal, economic and other issues;

• to comply with our legal, regulatory (including self-regulation) and internal requirements and rules at home and abroad, including compliance with orders of a court or authority and clarifications about business partners.

We process your personal data for the above purposes, depending on the situation, in particular based on the following legal bases:

• the processing of personal data is necessary for the performance of a contract with you or pre-contractual measures;

• you have given your consent to the processing of personal data relating to you;

• the processing of personal data is necessary for compliance with a legal obligation;

• the processing is necessary to protect the vital interests of the data subject or another natural person; or

we have a legitimate interest in processing the personal data and our legitimate interests may include, in particular, the following interests – interest in: providing good customer service, keeping in touch and communicating with customers outside of a contract; advertising and marketing activities; improving products and services and developing new ones; combating fraud and preventing and investigating crime; protecting customers, employees and others and our data, trade secrets and assets; ensuring adequate security (both physical and digital); ensuring and organising business operations, including the operation and further development of websites and other systems; management and development; the sale or purchase of companies, parts of companies and other assets; the enforcement or defence of legal claims; compliance with Swiss and foreign law and other rules applicable to us.

 

4.2 When visiting our websites

Each time a user accesses our website, our server collects a set of user information which is stored in the server’s log files. The information collected includes, but not limited to, the IP address, the date and time of access, the time zone difference from the GMT time zone, the name and URL of the file accessed, the website from which access takes place, the browser used and the operating system used. The collection of this information or data is technically necessary in order to display our websites to you and to ensure their stability and security. This information is also collected to improve the websites and to analyse their use.

 

4.3 E-mail, telephone calls and video conferences

You can contact us via the e-mail addresses and telephone numbers provided. The personal data you send us will be stored by us and processed for the purpose of dealing with your enquiry. The legal basis for this personal data processing is your consent and our legitimate interest in processing your enquiry.

If you contact us by e-mail, you authorise us to reply to you via the same channel. Please note that unencrypted e-mails are transmitted via the open internet, which is why it cannot be ruled out that they can be viewed, accessed and manipulated by third parties. We exclude – as far as legally permissible – any liability which you may incur in particular as a result of faulty transmission, falsification of content or disruption of the network (interruptions, overload, illegal interventions, blocking).

Telephone and video conference calls with us may be recorded; we will inform you of this at the beginning of each call. If you do not want us to record such conversations, you have the option to terminate the conversation at any time and contact us by other means (e.g. by e-mail).

 

4.4 Contact form

You can contact us via the contact form on our websites. The personal data you send us will be stored by us and processed for the purpose of dealing with your enquiry. The legal basis for this personal data processing is your consent and our legitimate interest in processing your enquiry.

 

4.5 Newsletter

If you subscribe to our newsletter, we use your e-mail address and other contact data to send you the corresponding newsletter. The newsletter can be sent using the dispatch service provider Brevo, a newsletter dispatch platform of Sendinblue GmbH, Berlin, Germany. The data protection declaration for Brevo can be found here: https://www.brevo.com/legal/privacypolicy/. Alternatively, the newsletter can be sent using the service provider MailPro of the Maxony Group, Marchissy, Switzerland. The data protection declaration for MailPro can be found here: https://mailpro.com/legal-terms/privacy.asp.

You can subscribe to our newsletter with your consent. Mandatory data for sending a newsletter are your full name and your e-mail address, which we store after your registration. The legal basis for the processing of your data in connection with our newsletters is your consent to the sending of the corre-sponding newsletter. You can revoke this consent at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail, by e-mail to our above-mentioned e-mail addresses or by sending a letter to the postal addresses provided.

 

4.6 Product recommendations

We may send you product recommendations by email independently of newsletters. In this way, we will send you information about products from our range that you may be interested in based on your most recent purchases of goods or services from us. You can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the above contact details (e.g. e-mail or letter) is sufficient for this purpose. You will also find an unsubscribe link in every e-mail. The legal basis for this is our legitimate interest or the legal permission according to Art. 6 para. 1 p. 1 f) GDPR in conjunction with § 7 (3) of the German Act Against Unfair Competition or, depending on the case, Article 3 (1) (o) of the Swiss Unfair Competition Act (UCA).

 

4.7 Cookies

Our websites may use so-called Cookies. Cookies are text files that are stored in or by the internet browser on the computer system or a mobile device of the user. The Cookie contains a characteristic string of characters that enables the browser or mobile device to be identified unambiguously when the website is called up again.

The purpose of the use of Cookies is, on the one hand, to enable and simplify the use of our websites for users. Some functions of our websites cannot be offered without the use of Cookies (so-called tech-nically necessary Cookies). On the other hand, we also use Cookies/Tools to analyse user behaviour on our websites, namely for range measurement and marketing purposes.

 

4.7.1 Technically necessary Cookies

Technically necessary Cookies are necessary for the functioning of our websites. Therefore, these Cookies cannot be deactivated in our systems. They usually record important actions, such as the number of requests made, the editing of your privacy settings or the filling out of forms. Although you can block these Cookies in your browser, some parts of our websites may then no longer function.

The legal basis for data processing when using technically necessary Cookies is our legitimate interest, which lies primarily in ensuring the functionality and improvement of our websites.

 

4.7.2 Analytical and marketing Cookies

Analytical Cookies allow us to analyse visitor behaviour and traffic sources so that we can measure the performance of our websites and improve the user experience. They help us to see how popular which pages are and show how visitors move around our websites.

Marketing cookies allow us to deliver advertising that is relevant to you. These Cookies may remember that you have visited our websites and share this information with other companies, including other advertisers.

We may use the following analytics and marketing cookies:

• Google Analytics of Google Ireland Ltd., Ireland (hereinafter "Google"). The privacy policy for Google Analytics can be found here: https://policies.google.com/privacy?hl=en;

• Google Maps by Google. The privacy policy for Google Maps can be found here: https://poli-cies.google.com/privacy?hl=en.

You can object to the use of Cookies, for example (i) by selecting the appropriate settings in your browser, or (ii) by using appropriate Cookie blocker software (e.g. ghostery etc.) or (iii) by downloading and installing the browser plug-in available under the following link regarding cookies from Google: https://tools.google.com/dlpage/gaoptout?hl=en.

 

4.8 Use of mobile apps

Through the use of a mobile app, current location data may be transmitted to us or to third parties who process this data on our behalf. Other data that may be stored includes device-specific information such as the MAC address, Cookie information and pages accessed.

 

4.9 WLAN for visitors

For example, the following data may be collected when you use our free WiFi: First and last name, telephone number, e-mail. This data can be used for customer service purposes.

 

4.10 User account

On some of our websites you can create a user account. If you wish to do so, we require the personal data requested during your log in. When you log in later, only your e-mail address or your user name and the password you have chosen are required.

For new registrations, we collect master data (e.g. name, address), communication data (e.g. e-mail address) and payment data (bank details) as well as access data (user name and password).

To ensure your proper registration and to prevent unauthorised registrations by third parties, you will receive an activation link by e-mail after your registration to activate your account. Only after successful registration do we permanently store the data transmitted by you in our system.

Once you have created a user account, you can have it deleted by us at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the above contact details (e.g. e-mail or letter) is sufficient for this purpose. We will then delete your stored personal data insofar as we do not still need to store it for the processing of orders or due to statutory retention obligations. The legal basis for processing this data is your consent.

 

4.11 Social Media Plug-ins

We may use the social media plug-ins listed in the following table on our websites. We use the so-called two-click solution, whereby no personal data is initially passed on to the providers of the plug-ins when you visit our websites. Only when you click on the marked plug-in field and thereby activate it, does the plug-in provider receive the information that you have accessed our website. In addition, the personal data described in section 4.2 of this declaration will be transmitted. The legal basis for processing your data in connection with social media plug-ins is our legitimate interest in enabling our users to use the social media plug-ins.

We have no influence on the data collected and data processing procedures of the plug-in providers. These are subject to the respective data protection declarations of the third-party providers. For further information on the purpose and scope of data collection and processing by the plug-in provider, please refer to the data protection declarations of these providers provided below.

Plug-in	Anbieter und Datenschutzerklärung
Facebook	Meta Platforms Ireland Limited: https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&en-try=0
LinkedIn	LinkedIn Ireland Unlimited Company: https://de.linkedin.com/legal/privacy-policy
Twitter / X	Twitter International Unlimited Company Ireland https://twitter.com/de/privacy
Instagram?	Meta Platforms Ireland Limited: https://privacycenter.instagram.com/policy

 

4.12 YouTube

Our websites can use the YouTube embedding function to display and play videos from the provider YouTube, which belongs to Google. If playback of embedded YouTube videos is started, YouTube uses Cookies to collect information about user behaviour.

If the site visitor is logged in to Google, his or her data will be directly assigned to his or her account when he or she clicks on a video. If the site visitor does not wish to have their data associated with their YouTube profile, they must log out before activating the button.

Google stores data (even for users who are not logged in) as usage profiles and evaluates them. Such an evaluation is carried out in particular in accordance with Art. 6 para. 1 lit. f GDPR on the basis of Google’s legitimate interests in the display of personalised advertising, market research and/or needs-based design of its website. The site visitor has a right to object to the creation of these user profiles, whereby he must contact YouTube to exercise this right. Further information on data protection at YouTube can be found in the following data protection declaration at: https://policies.google.com/pri-vacy?hl=en.

 

4.13 Applications

You can submit your application for a position with us by post or by e-mail. The application documents and all personal data disclosed to us with them will only be processed for the purpose of processing your application for employment with us. Without your consent to the contrary, your application file will either be returned to you or deleted/destroyed after the application process has been completed, unless it is subject to a legal obligation to retain it. The legal basis for processing your data is your consent, the fulfilment of the contract with you and our legitimate interests.

 

5.  Disclosure of personal data to recipients and abroad
5.1 Disclosure of personal data to recipients

In addition to the data transfers to recipients expressly mentioned in this privacy policy, we may disclose personal data to the following categories of recipients, where permitted:

• Providers to whom we have outsourced certain services (e.g. IT and hosting providers, advertising and marketing services, accounting and/or asset management, collection services, photographers, payment service providers, etc.) and other suppliers and subcontractors;
•  Other Janico Group companies at home and abroad;
•  Advisory service providers, e.g. tax advisors, lawyers;
•  Business partner of ours;
•  Insurances;
• Third-party providers of software applications used by customers in connection with our services;
• Credit bureaus, which store this data for creditworthiness information;
• Third parties who collect data about you via the website;
• Prospective buyers or investors in the case of corporate transactions or other corporate actions;
• Auditors;
• Parties to potential or actual legal proceedings or litigation;
• Domestic and foreign authorities, official agencies or courts.

 

5.2 Disclosure of personal data abroad

In principle, we process your personal data in Switzerland and/or Germany. However, in certain cases (e.g. when using certain service providers or certain software applications), your personal data may also be transferred abroad, primarily to the member states of the European Union and EFTA, but also in some cases to other countries worldwide, in particular to the USA (primarily in connection with Cookies, social media plug-ins and other third-party software applications, e.g. YouTube).

If we transfer data to a country without adequate legal data protection, we ensure an adequate level of protection as provided for by law by using appropriate contracts (namely on the basis of the so-called standard contractual clauses of the European Commission) or rely on the legal exceptions of consent, the performance of the contract, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects. We would like to point out that data transmitted abroad is no longer protected by Swiss or German law and foreign laws as well as official orders may demand that this data be passed on to authorities and other third parties.

 

6. Retention period

We process and store your personal data only for as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, or as provided for by another legal basis (e.g. statutory retention periods). We retain personal data that we hold on the basis of a contractual relationship with you at least as long as the contractual relationship exists and limitation periods for possible claims by us run or contractual retention obligations exist. As soon as your personal data is no longer required for the above-mentioned purposes, they will be set inactive, deleted or anonymised as far as possible.

 

7. Your rights

Within the framework of the data protection law applicable to you and insofar as provided therein, you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing as well as to the release of certain personal data for the purpose of transfer to another controller (so-called data portability). Please note, however, that we reserve the right to en-force the restrictions provided for by law, for example if we are obliged to retain or process certain data, if we have an overriding interest in doing so (insofar as we are entitled to rely on this) or if we need the data to assert claims. If you incur costs, we will inform you in advance.

If data processing is based on your consent, you can revoke this at any time after giving your consent with effect for the future. However, this does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card if your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address given in para. 2 of this data protection declaration.

In addition, every data subject has the right to enforce his or her rights in court or to lodge a complaint with 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). The data protection supervisory authority of Germany is the Federal Com-missioner for Data Protection and Freedom of Information (https://www.bfdi.bund.de/EN/Home/home_node.html), the data protection supervisory authority of Ba-den-Württemberg is the State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg (https://www.baden-wuerttemberg.datenschutz.de/).

 

8. Data security

We take appropriate security measures of a technical and organisational nature to maintain the security of your personal data, namely to protect it against unauthorised or unlawful processing and to prevent the risk of loss, accidental alteration, unauthorised disclosure or access. Like all companies, however, we cannot rule out data security breaches with absolute certainty because certain residual risks are unavoidable. As part of our security measures, we use firewalls, logging and encryption in particular, have authorisation concepts and have implemented other protective measures to ensure the most com-plete possible protection of personal data.

 

9. Adjustments to this privacy policy

We expressly reserve the right to amend this privacy policy at any time. If such amendments are made, we will immediately publish the amended data protection statement on our websites. The most recent data protection statement published on our website is always valid.

October 2023