Privacy Policy of OPENLY AG
Version from 9.2.2024
In this data protection declaration, we, OPENLY AG, explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection declarations or general terms and conditions, conditions of participation and similar documents may regulate specific matters. Personal data refers to all information that relates to a specific or identifiable person.
If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are aware of this privacy policy and only share their personal data with us if you are allowed to do so and if this personal data is correct.
This privacy policy is aligned with the EU General Data Protection Regulation (GDPR).
1. responsible person / data protection officer / representative
Responsible for the data processing we describe here is Dade Development AG unless otherwise stated in individual cases. If you have any concerns regarding data protection, you can communicate them to us at the following contact address, for all companies of B3 Open AG and OPENLY AG: hello@openly.systems
Our representative in the EEA according to Art. 27 DSGVO is: Andreas Keel
2. collection and processing of personal data
We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from their users in the operation of our websites, apps, internal CRM system (Bexio) and other applications.
To the extent permitted, we also take certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, Internet) or receive such data from other companies within Timberline, from authorities and other third parties. In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and judicial proceedings, information about you in correspondence and meetings with third parties, creditworthiness information, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made). (e.g. payments made, purchases made), personal data from the media and the Internet (where this is appropriate in a specific case, e.g. as part of an application, press review, marketing/sales, etc.), your addresses and, where applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the user's computer, etc.). e.g. IP address, MAC address of the smartphone or computer, details of your device and settings, cookies, date and time of visit, pages and content accessed, functions used, referring website, location details).
3. purposes of data processing and legal basis
We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular in the context of order processing with our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, your personal data may of course also be affected in this capacity.
In addition, we process personal data of you and other persons, to the extent permitted and deemed appropriate, also for the following purposes, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:
Offering and further developing our offers, services and websites, apps and other platforms on which we are present;
Communicating with third parties and processing their requests (e.g. applications, media inquiries);
Testing and optimizing procedures for needs analysis for the purpose of directly addressing customers as well as collecting personal data from publicly available sources for the purpose of customer acquisition;
Advertising and marketing (including the organization of events), insofar as you have not objected to the use of your data (if we send you advertising as an existing customer of ours, you can object to this at any time; we will then place you on a blocking list against further advertising mailings);
Market and opinion research, media monitoring;
Assertion of legal claims and defense in connection with legal disputes and official proceedings;
Prevention and investigation of criminal offenses and other misconduct (e.g., conducting internal investigations, data analyses to combat fraud);
Guarantees of our operations, in particular IT, our websites, apps and other platforms;
Buying and selling businesses, companies or parts of companies and other corporate transactions and related transfers of personal data, as well as business management measures and to the extent necessary to comply with legal and regulatory obligations and Timberline's internal rules.
If you have given us consent to process your personal data for specific purposes (for example, when you register to receive newsletters or conduct a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.
4 Cookies / Tracking and other technologies in connection with the use of our website
We typically use "cookies" and similar technologies on our websites to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website. This allows us to recognize you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your website visit ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ("permanent cookies"). However, you can set your browser to reject cookies, store them for one session only, or otherwise delete them early. Most browsers are preset to accept cookies. We use persistent cookies on some of our websites to store user preferences (e.g., language, autologin) so that we can better understand how you use our offerings and content. Some of the cookies are set by us, and some are set by contractors with whom we work. If you block cookies, certain functionalities (such as language selection, shopping cart, ordering processes) may no longer work.
We also include visible and invisible image elements in our newsletters and other marketing e-mails in some cases and where permitted, by retrieving these from our servers we can determine whether and when you have opened the e-mail so that we can also measure and better understand how you use our offers and tailor them to you. You can block this in your email program; most are preset to do so.
By using our websites and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not want this, then you must set your browser or e-mail program accordingly.
We sometimes use Google Analytics or similar services on our websites. This is a service provided by third parties that may be located in any country in the world (in the case of Google Analytics, it is Google LLC in the USA, www.google.com), with which we can measure and evaluate the use of the website (not on a personal basis). Permanent cookies set by the service provider are also used for this purpose. The service provider does not receive any personal data from us (and does not keep any IP addresses), but can track your use of the website, combine this information with data from other websites that you have visited and which are also tracked by the service provider, and use these findings for its own purposes (e.g. controlling advertising). If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider then takes place under the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).
We also use so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Google+, Pinterest or Instagram on our websites. This is apparent to you in each case (typically via corresponding icons). We have configured these elements so that they are disabled by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator according to its data protection regulations. We do not receive any information about you from him.
5. data transfer and data transfer abroad
Within the scope of our business activities and the purposes according to point 3, we also disclose data to third parties, if permitted and if it seems appropriate to us, either because they process it for us or because they want to use it for their own purposes. In particular, this concerns the following entities:
Service providers of us (within Timberline as well as external order processors).
Dealers, suppliers, subcontractors and other business partners;
customers;
domestic and foreign authorities, official agencies or courts;
Media;
The public, including visitors to websites and social media;
Competitors, industry organizations, associations, organizations and other bodies;
Acquirers or parties interested in acquiring divisions, companies or other parts of Timberline;
Other parties to potential or actual legal proceedings;
Other Timberline companies;
All collectively Recipients.
These recipients are partly domestic, but may be anywhere on the planet. In particular, you should expect your data to be transferred to all countries where Timberline is represented by group companies, branches or other offices OPENLY AG, as well as to other countries in Europe and the United States where the service providers we use are located (such as Microsoft, SAP, Amazon, BEXIO.com). 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, which are available here,hereandhere) or so-called Binding Corporate Rules, or rely on the legal exceptions of consent, contract performance, 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. You may obtain a copy of the aforementioned contractual safeguards at any time from the contact person listed in Section 1, to the extent not available at the link provided above. However, we reserve the right to black out copies for reasons of data protection or confidentiality or to supply only excerpts.
6 Duration of storage of personal data
We process and store your personal data as long as it is necessary for the fulfillment of our contractual and legal obligations or otherwise the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the legal storage and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obligated to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as a matter of principle and to the extent possible. For operational data (e.g. system logs, logs), generally shorter retention periods of twelve months or less apply.
7. data security
We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse.
8. obligation to provide personal data
In the context of our business relationship, you must provide those personal data that are necessary for the establishment and implementation of a business relationship and the fulfillment of the associated contractual obligations (you usually do not have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website cannot be used if certain information to ensure data traffic (such as IP address) is not disclosed.
9. rights of the data subject
Within the scope of the data protection law applicable to you and as far as provided therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restriction of data processing and otherwise the right to object to our data processing as well as to the release of certain personal data for the purpose of transfer to another entity (so-called data portability). Please note, however, that we reserve the right to enforce 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 require the data in order to assert claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that the exercise of these rights may conflict with contractual agreements and may have consequences such as the premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.
The exercise of such rights usually requires that you clearly prove your identity (e.g. by a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 1.
Every data subject also has the right to enforce his or her claims in court or to file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
10. Changes
We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.