Privacy Policy, Disclaimer and Imprint

Privacy Policy

(September 1, 2023; machine-translated, with the German version being legally binding)

Principle

1. In this data protection declaration, we, SINCONA TRADING AG (hereinafter "SINCONA TRADING"), explain how we collect and process personal data in the course of our business activities, in particular personal data about customers, suppliers, business partners, professional and other associations, visitors to our website, participants in events, recipients of newsletters and other bodies or in each case their contact persons and employees. This is not an exhaustive description; other documents may govern specific matters. Personal data is understood to be all information that relates to a specific or identifiable person.
2. By surfing our homepage you agree to the data processing (access data, services, cookies and the like).
3. This privacy policy applies regardless of the domains or devices used (for example, smartphone or desktop computer).
4. SINCONA TRADING complies with the legal provisions of the Federal Data Protection Act (FADP), the Ordinance to the Federal Data Protection Act (FADP), the Telecommunications Act (TCA) as well as other provisions under data protection law, for example the General Data Protection Regulation of the European Union (hereinafter referred to as GDPR).

The data protection declaration is information about the type, scope and purpose of the use of personal data by SINCONA TRADING. It is a unilateral declaration, which does not require the consent of the customer, supplier or other business partner. SINCONA TRADING therefore reserves the right to unilaterally modify the content of the Privacy Policy at any time and without notice. It is recommended that you regularly consult the SINCONA TRADING Privacy Policy on our website. 
 

Handling of personal data

1. Consent to data processing with the sending of a request

By sending a request, you consent to the processing of your personal data by SINCONA TRADING and agree to be contacted by SINCONA TRADING for the purpose of processing your request or mandate or otherwise through all possible communication channels (call to private mobile or landline number, email to private mail account, SMS, messaging functions from social networks).

2. Order processing information

2.1 A prerequisite for the target-oriented activity of SINCONA TRADING is complete and correct information by the customer, the supplier or other business partner about all relevant circumstances - also those which only arise in the course of a contractual relationship. SINCONA TRADING also relies on you to provide all necessary documents in a timely manner. 

2.2 Unless you issue instructions to the contrary in individual cases or the circumstances clearly indicate otherwise, SINCONA TRADING may exchange order-related information with employees as well as with third parties called in.

3. Electronic communication

3.1 In the interest of fast processing, SINCONA TRADING communicates regularly by e-mail. The e-mail communication takes place unencrypted, unless you expressly request a different type of communication.

3.2 The transmission of information electronically (by e-mail, fax or via Internet applications) is generally associated with risks - in particular the risk of unauthorized third parties taking note and manipulating the information, or of incorrect delivery. Such risks can be reduced by encrypted transmission, e.g. by encrypting e-mail attachments or using a delivery platform.

3.3 If you do not provide any instructions regarding communication, you authorize SINCONA TRADING to communicate electronically without encryption, despite knowledge of the corresponding risks. This instruction can be changed by you at any time. In order to avoid ambiguities, corresponding instructions must be communicated to SINCONA TRADING in writing.

Responsible Data Protection Officer

SINCONA TRADING is responsible for compliance with applicable data protection regulations. If you have any concerns regarding data protection, you can send them to us at the following contact address:

Michael Hardmeier
SINCONA TRADING AG
Limmatquai 112, 8001 Zurich
Tel. +41 44 215 30 90
info_at_sincona-trading.com
 

Collection and processing of personal data

We process personal data (data that directly or indirectly identifies natural persons) that we receive from you or involved third parties in the context of the initiation, implementation and execution of a contractual relationship or that we collect ourselves. 

1. Contacting/providing contractual services

1.1 When contacting us (by telephone, in writing or by e-mail), the personal data will be processed for the purpose of handling the contact request and processing in connection with a specific service/order.

1.2 Personal data is stored in our Customer Relationship Management System ("CRM System").

2. Collection of access data and log files

2.1 Based on our legitimate interests, we collect data about each access to the web server. The access data includes the name of the domain accessed, the date and time of the access, the amount of data transferred, the notification of successful access, the language and version of the browser software, the user's operating system, the referrer URL (the previously visited page), the IP address and the requesting provider.

2.2 Log file information is stored temporarily for security reasons (e.g. to clarify acts of abuse or fraud) and deleted again after 30 days. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.

3. File management

If you enter into a contractual relationship with SINCONA TRADING, we store all information arising in the context of the contractual relationship in our ERP software and physical documents additionally in the order dossier in paper form. The electronic as well as the physical order dossier is accessible to all employees of SINCONA TRADING. Original files are usually forwarded to you directly. You are responsible for their safekeeping. There is no entitlement to the maintenance or archiving of an order dossier.

4. Scope

In the course of a contractual relationship (which may be in preparation), SINCONA TRADING collects specific data from you. This includes in particular the following data:

• Basic data (such as name, gender, title, birthday or company, registered office, etc.)
• Contact details (address, private and business telephone or private and business mobile number, private and business e-mail address, etc.)
• If applicable, copies of official photo identification and originals or copies of other documents provided to us by you
• Further order-specific information, which is usually provided directly by you, but can also be obtained, for example, through Internet Research or from data supplied by third parties

If you provide personal data via a third party (e.g. via a contact person), it is your responsibility to inform the third party concerned about the processing by us.

Purposes of data processing and legal basis

When you use our services, use our website, or otherwise deal with us, we obtain and process various categories of your personal data. In principle, we may collect and process this data in particular for the following purposes: 

• Communication: We process personal data so that we can communicate with you as well as with third parties, or authorities, by e-mail, telephone, letter or otherwise (e.g. to answer inquiries, in the context of contract initiation or processing). This also includes that we may occasionally send you information about developments in our company. This may, for example, take the form of newsletters (electronically, by post, by telephone). You can refuse such communication at any time or refuse or revoke consent to such communication.
• Initiation and conclusion of contracts: With regard to the conclusion of a contract with you, we may in particular obtain and otherwise process your name, contact details, powers of attorney, declarations of consent, information about third parties (e.g. contact persons), contract content, date of conclusion, creditworthiness data and any other data that you provide to us or that we collect from public sources or third parties.
• Administration and processing of contracts: We obtain and process personal data so that we can comply with our contractual obligations to you and other contractual partners (e.g., suppliers, external service providers or project partners) and, in particular, so that we can provide and collect contractual services. This also includes data processing for the enforcement of contracts and accounting. For this purpose, we process in particular the data that we receive or have collected in the course of the initiation, conclusion and execution of the contract, as well as data that we create in the course of our contractual services or that we collect from public sources or other third parties. This data may include, in particular, interview transcripts, notes, internal and external correspondence, contractual documents and the like.
• Operation of our website: In order to operate our website in a secure and stable manner, we collect technical data, such as IP address, information about the operating system and settings of your terminal device, region, time and type of use. In addition, we use cookies and similar technologies.
• Improving our electronic offerings: In order to continuously improve our website and other electronic offerings, we collect data about visitors' behavior and preferences by, for example, analyzing how visitors navigate through our website.
• Registration: In order to use certain offers and services, you must register (directly with us or via our external login service providers). For this purpose, we process the data disclosed during the respective registration.
• Job application: If you apply for a job with us, we obtain and process the relevant data for the purpose of reviewing the application, carrying out the application process and, in the case of successful applications, for the preparation and conclusion of a corresponding contract. For this purpose, in addition to your contact data and the information from the corresponding communication, we also process in particular the data contained in your application documents and the data as we can additionally obtain about you, for example from job-related social networks, the Internet, the media and from references, if you consent to us obtaining references.
• Other purposes: Other purposes include, for example, training and educational purposes and administrative purposes (e.g., accounting). We may listen to or record telephone or video conferences for training, evidence, and quality assurance purposes. In such cases, we will notify you separately.
   

The processing of personal data within SINCONA TRADING may only take place within the scope of what is legally permissible. In principle, only such information may be collected and processed that is necessary for the operational fulfillment of tasks and is directly related to the purpose of processing. 

The processing of personal data is only permitted if one of the following conditions for permission is met, i.e.

• if the data subject has given his or her consent;
• to meet expressed customer concerns;
• if necessary for the initiation/fulfillment of a contract;
• in the case of a legal permission; or
• in the case of legitimate interest, without the interests or fundamental rights and freedoms of the data subject being overridden.

Use of the website and other digital services such as cookies and the like

When using our website (incl. newsletter and other digital offers), data is collected that is stored in logs (especially technical data). In addition, we may use cookies and similar technologies to recognize website visitors, evaluate their behavior and recognize preferences. 

When you access and use our website, we automatically collect and store relevant log data and device-specific information for a limited period of time. This information includes, but is not limited to, specific information about how you use our website, IP address, access dates and times, hardware and software information, as well as device-specific and other similar information. We process this information based on and as necessary for us to operate, maintain and improve our websites.

Our websites use Google Analytics, a service provided by Google LLC, USA, which monitors and records the way our websites are used. Google Analytics does this by placing small text files called cookies on your computer or other devices. Cookies record information about the number of visitors to these websites, visits to individual pages, and the duration for which these websites are visited. This information is available in aggregate form and is not identifiable with regard to the individual. This integration of Google Analytics is basically done via anonymized IP addresses by shortening them within the EU/EEA. Google is subject to the CH-US and the EU-US Privacy Shield.
 

Data transfer to third parties and data transfer abroad

Your personal data will not be disclosed, sold or otherwise transferred to third parties, unless this is necessary for the purpose of contract execution or to fulfill our legal duties, or unless you have expressly consented. Categories of recipients include, but are not limited to:

• External Service Providers;
• Dealers, suppliers, auxiliaries;
• Business partners with whom we need to coordinate our services;
• Domestic and foreign authorities and official agencies;
• Industry organizations and associations.
   

We process and store personal data mainly in Switzerland, but potentially also in other European countries or around the world. If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exception provision. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have consented or if it is a matter of data made generally available by you, the processing of which you have not objected to.

Duration of the retention 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) and beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be retained for the period during which claims can be asserted against our company (i.e. in particular during the statutory limitation period) and to the extent that we are otherwise required to do so by law or legitimate business interests so require (e.g. for evidence and documentation purposes). 

Data security

We take appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse, such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymization and controls.

SINCONA TRADING draws your attention to the fact that certain IT services are used which may be associated with data security risks (e.g. e-mail or video conferencing). It is your responsibility to inform SINCONA TRADING of any request for special security measures. 

Profiling

The personal data is not used as the basis for automated decision-making. We do not carry out any profiling with the personal data.

Rights of the data subject

Within the scope of the data protection law applicable to you and insofar as provided therein (such as in the case of the GDPR), 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 surrender of certain personal data for the purpose of transfer to another body (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 costs are incurred by you, we will inform you in advance.

You have a right to object on a case-by-case basis. You may object to the processing of your personal data at any time on grounds relating to your particular situation. 

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 means of a copy of your ID card, where your identity is otherwise not clear or cannot be verified). To exercise your rights, you may contact the data controller (as indicated in this Privacy Policy).

In addition, every data subject has the right to enforce his or her claims 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 (http://www.edoeb.admin.ch).

Applicability of the EU General Data Protection Regulation

We do not assume that the EU General Data Protection Regulation ("GDPR") is applicable in our case. However, if this should exceptionally be the case for certain data processing, then exclusively for the purposes of the DSGVO and the data processing subject to it, the present provision shall additionally apply. 

We base the processing of your personal data in particular on the fact that

• them as described under " Purposes of data processing and legal bases".

described is necessary for the initiation and conclusion of contracts and its administration and enforcement (Art. 6 para. 1 lit. b DSGVO; 

• it is necessary for the legitimate interests of us or of third parties as described under "Purposes of data processing and legal basis", namely for communication with you or third parties, to operate our website, to improve our electronic offers and registration for certain offers and services, for security purposes, for compliance with Swiss law and internal regulations for our risk management and corporate governance and for other purposes such as training and education, administration, evidence and quality assurance, organization, implementation and follow-up of events and to protect other legitimate interests (Art. 6 para. 1 lit. f DSGVO);
• it is required or permitted by law on the basis of our mandate or position under the law of the EEA or a member state (Art. 6(1)(c) DSGVO) or is necessary to protect your vital interests or those of other natural persons (Art. 6(1)(d) DSGVO); 
• you have separately consented to the processing, e.g. via a corresponding declaration on our website (Art. 6 para. 1 lit. a and Art. 9 para. 2 lit. a DSGVO). 

Changes

The privacy policy, the technical data processing as well as the description of the rights as a user and client can be adapted at any time, should this be necessary due to changed legal situations, adaptations of the service or the data processing. Users are requested to access these statements regularly.

Disclaimer

Legal information and conditions of use

Please read these terms and conditions carefully. By accessing the SINCONA TRADING website and any related pages and services, you agree to be bound by the following terms of use and legal information. If you do not agree to the following terms and conditions, please do not access the SINCONA TRADING website (www.sincona-trading.com).
 

General disclaimer

Liability claims against SINCONA TRADING relating to damage of a material or immaterial nature caused by the use or non-use of the information and internet services provided or by the use of incorrect or incomplete information are excluded, except in the case of wilful intent or gross negligence on the part of SINCONA TRADING.
 

References and links

References or links to third party websites are provided for convenience only and are outside the responsibility of SINCONA TRADING. The use of such references or links leads to leaving the website of SINCONA TRADING and is at the user's own risk.
The following applies to all links to third-party websites: SINCONA TRADING expressly declares that it has no influence whatsoever on the design and content of the linked sites. Therefore, SINCONA TRADING hereby expressly dissociates itself from all contents of all third party websites linked on the pages of SINCONA TRADING. SINCONA TRADING does not adopt the content of the linked pages as its own. This declaration applies to all links to third-party websites displayed on the pages of SINCONA TRADING and to all content of the pages to which the links set here lead.
 

Copyright

SINCONA TRADING makes the contents of its homepage and the associated pages available to the public. All elements are either the exclusive property of SINCONA TRADING or other specifically named rights holders. In particular, the copyrights and all other rights to texts and images are the property of SINCONA TRADING or the designated third parties. If elements are reproduced in whole or in part in any form, whether electronically or in writing, SINCONA TRADING or the designated third parties must be named. In addition, the consent of SINCONA must be obtained for the republication of any elements.

The contents in the password-protected database area are only accessible to customers. Insofar as the content is not in the public domain, all rights are reserved. Except for contractual use, no data, graphics or other elements available from SINCONA TRADING may be copied, photocopied, reproduced or transferred to electronic media without the consent of the copyright holder.
Reproduction with reference to the source is permitted, subject to any provisions to the contrary. Without the consent of SINCONA TRADING, any unauthorised copying and/or distribution or reproduction of these pages in any form constitutes a violation of the Swiss Copyright Act (URG).

Imprint

This website is published by

SINCONA TRADING AG
Limmatquai 112
CH-8001 Zürich

+41 44 215 30 90
+41 44 215 30 99
info_at_sincona-trading.com
 

Commercial Register Listing

Company: SINCONA TRADING AG
Commercial register number: CHE-301.055.815
VAT number: CHE-301.055.815 MWST