Privacy Policy

1. General

Protecting your personal data is very important to us. We treat your personal data as confidential and in accordance with the statutory data protection regulations as well as this Privacy Policy.

This Privacy Policy describes how we collect and process personal data in our company.

Within the scope of our business activities, we are subject to Swiss data protection law, in particular, the Federal Act on Data Protection (DSG) and, where applicable, foreign data protection law, in particular, the General Data Protection Regulation (GDPR) of the European Union (EU). The latter is only applicable to natural persons resident in an EU country. The EU recognises that Swiss data protection law ensures adequate data protection.

By using this website, you indicate your consent to the processing of data about you in the manner and for the purposes set out above. You may only disclose third parties’ personal data to us if you are entitled to do so and the personal data is correct.

Generally, you can use our website without providing any personal data. We would like to point out that data transmission over the Internet (e.g. communication by e-mail) may have security gaps. Complete protection of data against access by third parties is not possible.

2. Controller for data protection issues

The data controller within the meaning of the GDPR and other national data protection laws of the Member States, as well as other data protection regulations, is:
Barcol-Air Group AG
Wiesenstrasse 5
8603 Schwerzenbach
Switzerland
Tel.: +41 58 219 40 00
Email: info@barcolair.com
Website: www.barcolair.com

No data protection officer has been appointed, as this is not required by law.

3. EU data protection representative

For natural persons with ordinary residence in countries of the European Union and for the country-specific supervisory authorities provided for under the GDPR, we designate the following person as EU Data Protection Representative pursuant to Art. 27 GDPR:

Barcol-Air GmbH
Bahnhofstrasse 39
21614 Buxtehude
Germany
Tel.: +49 4161 800 28 0
Email: deutschland@barcolair.com

4. Definitions

As a preface, we will clarify the most important terms used in the following for better understanding. In this respect, we adhere to the definitions of the Swiss Data Protection Act (Art. 3 DSG).

  • Personal data: any information relating to an identified or identifiable person.
  • Data subjects: natural or legal persons about whom data is processed.
  • Processing: any handling of personal data, regardless of the means and procedures used, in particular the acquisition, storage, use, reprocessing, disclosure, archiving or destruction of data.

5. Collection and processing of personal data

We process personal data that we receive from our customers, business partners, employees, authorities and other involved persons or that we collect from users in the course of operating our website and other applications. In addition, we also collect publicly accessible data (e.g. from public registers, the Internet, the press, social media, etc.) if necessary and permissible to perform our business activities.

6. Purpose of data processing

We process the data collected in order to fulfil our legal and contractual obligations towards our customers, business partners, employees, authorities and other involved persons.

Furthermore, we process the collected data to be able to improve the products and services requested by you, to manage your use and your requested access to our services and information, to maintain our business relationship with you, to carry out advertising and marketing measures (insofar as you have consented to the use of your personal data in this respect), to monitor and improve the performance of our offer, to enforce legal claims or to defend ourselves against them, to detect, prevent or clarify illegal activities and to generally guarantee our operation (in particular IT, website etc.). We only collect, use and pass on your personal data if this is permitted by law or if you consent to the collection of data.

7. Legal basis of data processing

We process personal data in accordance with Swiss Data Protection Law pursuant to Art. 4 et seq. The legal basis for our processing personal data is generally Art. 13(2)(a) DSG (processing in direct connection with the conclusion or performance of a contract; corresponds to Art. 6(1)(b) GDPR) and in Art. 13(1) DSG (consent of the data subject or obligation to process by law; corresponds to Art. 6(1)(a) GDPR). The processing of your personal data by other Group companies is also based on Art. 13(1) DSG (corresponds to Art. 6(1)(f) GDPR. In all other respects, we process personal data—if and insofar as the EU GDPR is applicable—in accordance with the following legal bases in connection with Art. 6(1) GDPR:

  • lit. a) Processing of personal data with the consent of the data subject.
  • lit. b) Processing of personal data for the fulfilment of a contract with the data subject and the implementation of corresponding pre-contractual measures.
  • lit. c) Processing of personal data to fulfil a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is fully or partially applicable.
  • lit. d) Processing of personal data to protect the vital interests of the data subject or another natural person.
  • lit. f) Processing of personal data to protect our or third-parties’ legitimate interests, provided that the data subject’s fundamental freedoms and rights as well as interests do not prevail. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with applicable law.

8. Processing duration of personal data

We process personal data for the period required for the respective purpose and for as long as we are legally obligated to do so or as required by our legitimate business interests or to which you have consented. In the case of longer-term storage obligations due to statutory and other obligations to which we are subject, we restrict its further processing accordingly.

9. Data processing in connection with the use of our website

9.1. Cookies

Our website uses "cookies". Cookies do not damage your computer and do not contain viruses. Cookies help make our website more user-friendly, efficient 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 known as "session cookies". They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies enable us to recognise your browser when you next visit the site.

The data processed by cookies is required for the purposes mentioned to protect our and third-parties’ legitimate interests.

You may configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit your ability to use some of the functions of this website.

9.2. Contact form

You have the option of contacting us via our contact form. Entering the following personal data is mandatory:

  • Salutation
  • First and last name
  • Country
  • Email address
  • Message

Mandatory entries are marked with an asterisk (*). Failure to provide this information may hinder the provision of our services. Providing personal data in other fields or in the context of any other contact (e.g. by email, telephone) is voluntary. You can inform us at any time that you no longer wish to have this personal data, which was provided voluntarily, processed.

The processing of this data is carried out for the purpose of initiating or fulfilling a contract or on the basis of our legitimate interest in processing the enquiries addressed to us or based on your consent.

9.3. Hosting provider & server log files

The provider of this website collects and stores information that your browser transmits to us automatically in “server log files”. This includes:

  • IP address
  • browser type and browser version
  • the operating system used
  • referrer URL
  • hostname of the accessing computer
  • time of the server request

The data listed will be processed by us for the following purposes:

  • ensuring a smooth connection to the website,
  • ensuring convenient use of our website,
  • evaluating system security and stability and
  • for other administrative purposes and in the event of unlawful use of our website or services.

The processing of this data is based on our legitimate interest according to the purposes listed above.

9.4. Newsletter

On our website, you can subscribe to our newsletter, through which we will inform you at regular intervals about offers, products and information from the company.

If you would like to receive a personalised newsletter, we require your first and last name, email address as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive this newsletter. This data is used exclusively to send the newsletter. This personal data is not passed on to third parties outside our Group.

To subscribe to our newsletter, we use the “double opt-in method”. After registration, you will receive an email in which we ask you to confirm your registration. The registration for the newsletter is logged. The record includes the time of subscription and confirmation as well as the relevant IP address. In addition, any changes to your stored data are logged.

You can withdraw your consent to the storage of your personal data and its use for sending the newsletter at any time. Each newsletter contains a link that will allow you to withdraw consent.

For the processing, dispatch and analysis of the newsletters we use the technology of SuperOffice Marketing, from the provider SuperOffice GmbH, Martin-Schmeißer-Weg 3b, D-44227 Dortmund. You can find SuperOffice GmbH’s Privacy Policy here https://www.superoffice.de/datenschutz/.

Any data collected when you sign up for the newsletter will be processed on the basis of your consent. We use the services of SuperOffice GmbH on the basis of our legitimate interests.

9.5. White paper

You can download “white papers” on our website. In these white papers, specialists publish interesting facts and findings on topics such as room comfort, cooling, air conditioning, ventilation, etc. quarterly.

Should you wish to receive our white papers, we will collect the following personal data from you:

  • Salutation
  • First and last name
  • Company (optional)
  • Country
  • Email address
  • Phone (optional)
  • Log of consent to the Privacy Policy (date)

This data will be used to provide the white paper and possibly to contact you. This personal data is not passed on to third parties outside our Group.

Any data collected when you obtain or download white papers will be processed on the basis of your consent.

9.6. Links to other websites

Our website contains hyperlinks to third-party websites that are not operated or controlled by us. We are not responsible for their content or data protection practices.

9.7. Google Inc.

9.7.1. General

This website uses features and services from Google. The provider of these services is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA ("Google").

In addition to the following explanations, you will find further information on data protection at Google in Google’s Privacy Policy https://policies.google.com/privacy.

9.7.2. Google Analytics and Google Ads

This website uses features of the web analytics service Google Analytics and Google Ads.

Google Analytics uses "cookies" (see section 9.1 above), which enable an analysis of how you use the website. The information generated by cookies about your use of this website may be transmitted to and stored by Google on servers in the United States (see section 11.2 below).

We also use the Google Ads advertising tool to promote our website. For this purpose, we use Google’s "Conversion Tracking" analysis service on our website. When you click an ad delivered by Google, a cookie for conversion tracking is stored on your computer (see section 9.1 above). These "conversion cookies" lose their validity after 30 days and are not used for your personal identification. If you visit certain pages of our website and the cookie has not yet expired, we and Google can recognise that you have clicked the ad and have been redirected to that page. Google uses the information obtained through "conversion cookies" to compile statistics for our website. These statistics tell us the total number of users who have clicked on our ad as well as which pages of our site were then accessed by each user. However, we do not obtain any information that can be used to identify users personally. You can prevent the installation of "conversion cookies" by making the appropriate change to your browser settings, for example by setting your browser so that the automatic placement of cookies is deactivated or by blocking cookies from the domain "googleadservices.com“.

9.7.3. Demographic Features of Google Analytics

This website uses the "Demographic Features" function of Google Analytics. This allows reports to be generated containing statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual. You can disable this feature any time by adjusting the advertisement settings in your Google account, or you can generally prohibit the collection of your data by Google Analytics as described in the section "Objecting to the collection of data."

9.7.4. Opt-out cookie

You can prevent Google Analytics from collecting your data by clicking on the following link https://tools.google.com/dlpage/gaoptout?hl=en. An opt-out cookie will be set that prevents the collection of your data on future visits to this website.

9.7.5. Google reCAPTCHA

Furthermore, we use the Google service reCAPTCHA on our website. The associated query checks whether input (e.g. in contact forms, online applications) is made by a human being or is done automatically by a machine. This query involves sending Google the IP address and any other data required by Google for the reCAPTCHA service. For this purpose, your input will be transmitted to Google and used there. However, your IP address will be truncated by Google within the member states of the European Union or in other parties to the Agreement on the European Economic Area (IP anonymisation; cf. section 9.7.6 below). Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. Google uses this information to evaluate your use of the service. According to Google, the IP address transmitted by your browser as part of reCAPTCHA is not conflated with other Google data. Your data may also be transferred to the USA (see section 11.2 below).

By activating the query, you consent to your data being processed, which means that the data processing is based on your consent.

9.7.6. IP anonymisation

We have activated the IP anonymisation feature on this website. This means that your IP address will be truncated by Google within the European Union or the European Economic Area prior to transmission to the United States. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website, compile reports regarding website activity, and provide other services to the website operator related to website and Internet usage. The IP address transmitted by your browser within the scope of Google Analytics will not be merged with other Google data.

9.7.7. Browser plugin

You may prevent the use of cookies by selecting the corresponding setting on your browser; however, we would like to inform you that this may prevent you from fully utilising all functions provided on this website. You can also prevent the collection of data generated by the cookie about your use of the website (including your IP address) by Google, as well as the processing of that data by Google, by downloading and installing the browser plugin link available here:https://tools.google.com/dlpage/gaoptout?hl=en

9.7.8. Data processing order

We have concluded an order data processing contract with Google and implement the legal requirements when using Google Analytics.

10. Further data processing

10.1. General

When you use our products and services or contact us, we collect—depending on the business case—the following general personal data about you:

  • Salutation
  • First and last name
  • Country
  • Email address
  • Phone number
  • Information related to the company you work for (company, address, function, etc.)
  • Verbal and written information provided by you in connection with your person and your request
  • Information in connection with the underlying business case or legal relationship between you and us
  • IP addresses
  • Device identifier
  • Payment details

10.2. Other forms of contact

If you contact us by other means than via our website, (e.g. by email, phone, post), your enquiry, including all related personal data, will be stored and processed by us for the purposes of processing your enquiry. We do not share this information with third parties outside our Group without your consent.

The processing of this data is either carried out for the purpose of initiating and fulfilling a contract or on the basis of our legitimate interest in processing the enquiries addressed to us or based on your consent.

10.3. Applicant data

We accept job applications via the online form on our website, as well as by post or email. We handle your data as strictly confidential. Your personal data will only be passed on within our company or Group to persons who are entrusted with processing your application. By sending us your application documents, you expressly consent to the forwarding of your application documents to Group companies.

We process the personal data sent to us as part of your application and the personal data collected as part of the application process to the extent necessary to decide on the conclusion and implementation of an employment contract.

The processing of this data is either carried out for the purpose of initiating and fulfilling a contract or based on your consent.

If no employment relationship is established, we reserve the right to store the data collected during the application process for up to 6 months from the end of the application process on the basis of our legitimate interests. The data is then deleted or destroyed. If it is necessary to retain data for a longer period (e.g. due to a legal dispute), the data will only be deleted or destroyed when the purpose for continued retention no longer applies.

In addition, the data may also be stored for a longer period with your consent or if legal storage obligations exist.

10.4. Cloud storage

Personal data is primarily stored and processed on our own servers ("on-premises"). However, we also make use of the following external cloud service providers on a selective basis:

  • Microsoft Office 365 incl. OneDrive: The provider of these services is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA ("Microsoft"). In addition to these explanations, you will find further information in Microsoft’s Privacy Policy https://privacy.microsoft.com/en-gb/privacystatement.
  • GoogleDrive: The provider of these services is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA ("Google"). In addition to these explanations, you will find further information on data protection in Google’s Privacy Policy https://policies.google.com/privacy.
  • Dropbox: The provider of these services is Dropbox Inc, 333 Brannan Street San Francisco, CA 94107, USA ("Dropbox"). In addition to these explanations, you will find further information on data protection in Dropbox’s Privacy Policy https://www.dropbox.com/en/privacy.
  • Wetransfer: The provider of these services is WeTransfer B.V., Willem Fenengastraat 19, 1096 BL Amsterdam, The Netherlands ("Wetransfer"). In addition to these explanations, you will find further information on data protection in WeTransfer’s Privacy Policy https://wetransfer.com/legal/privacy.
  • Tresorit: The provider of these services is Tresorit AG, Minervastrasse 3, 8032 Zurich ("Tresorit"). In addition to these explanations, you will find further information on data protection in Tresorit’s Privacy Policy https://tresorit.com/legal/privacy-policy.

The processing of this data is based on our legitimate interest. In connection with the transfer of data to third parties, we also refer to the following explanations under section 11.

10.5. Social networks (social media)

10.5.1. General

We maintain the publicly accessible social networking profiles listed below. In connection with the use of social networks, we would like to point out the following:

By visiting our profiles on social networks, personal data about you may be collected. For example, if you are logged into your accounts on the social networks and visit our profile at the same time, the portal operator can attribute this visit to your user account. However, even if you have logged out of your account or if you do not have an account with the respective portal, your personal data may be collected. Such data collection can take place, for example, by setting cookies (cf. section 9.1 above). Based on the data collected in this manner, the portal operators can create user profiles and show you interest-based advertising. You can find further information on this in the portal operators’ respective privacy policies.

The use of social networks and the associated data processing is based on our legitimate interest. In particular, we want to present ourselves on the Internet and increase our reach.

10.5.2. Instagram

We maintain a profile on Instagram. The operator is Meta Platforms Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland. You can find more information about how Meta handles your personal data in their Privacy Policy https://help.instagram.com/519522125107875/.

10.5.3. LinkedIn

We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. You can find more information about how LinkedIn handles your personal data in their Privacy Policy https://www.linkedin.com/legal/privacy-policy.

LinkedIn uses advertising cookies. If you would like to disable them, please follow this link https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

11. Disclosing data to third parties

11.1. General

If necessary and to the extent permitted by law, we will also pass on your personal data to third parties in the course of our business activities. These include, among others:

  • our Group companies
  • our service providers (incl. order processors), such as banks, IT providers, etc.,
  • business partners, in particular external consultants, experts, etc.
  • authorities and courts

These third parties are generally based in Switzerland or the EU/EEA, but under certain circumstances, data may also be transferred abroad or to third countries (outside Switzerland and the EU/EEA). By taking appropriate measures, we ensure compliance with the legal requirements. Under certain circumstances, your personal data may also be processed by other Group companies. By accepting this Privacy Policy, you expressly consent to the transfer of your personal data to Group companies and third parties.

Such processing is carried out on the basis of our legitimate interests, your consent or for the purpose of processing a contractual relationship.

Where necessary, we have concluded corresponding order processing contracts with our data processors in accordance with Article 28 GDPR. In this agreement, the data processors undertake to comply with the data protection and data security provisions. In addition, they grant us comprehensive audit and control rights as well as rights of information, rectification and deletion.

11.2. Note on data transfer to the USA

As stated in this Privacy Policy, we also use, among other things, tools and services from companies located in the United States. As such, your personal data may be transmitted to servers of the respective company in the US. We would like to point out that the USA is currently not considered a safe third country within the meaning of EU and Swiss data protection law. In this respect, there is a risk that US authorities may access this personal data without you, as the data subject, being able to defend yourself. We have no control over these processing activities. By accepting this Privacy Policy, you expressly consent to the transfer of your personal data to the USA.

12. Rights of data subjects

You have the following rights concerning us regarding your personal data:

  • to receive, upon request and free of charge, information as to whether and, if so, which personal data we are processing about you
  • to the rectification of inaccurate personal data
  • to the restriction of the processing of your personal data
  • to the blocking of your personal data
  • to the deletion of your personal data, insofar as this does not conflict with a legal obligation to retain data
  • to data portability, if and insofar as the GDPR applies
  • to withdraw granted consent to the processing of your personal data with future effect
  • to object to the processing of your personal data if there are grounds for doing so which arise from your particular situation or if the objection is directed against direct advertising. In the latter case, you have a general right of objection, which we will implement without the need for you to specify a particular situation.

You also have the right to lodge a complaint with a data protection supervisory authority concerning our processing of your personal data.

You may exercise your rights at any time by contacting the aforementioned controller for data protection issues.

13. Data security

To safeguard your data, we maintain technical and organisational security measures in accordance with the current state of the art.

Communication via our website is encrypted using the SSL/TLS encryption protocol. You can recognise an encrypted connection in your browser's address line when it changes from "http://" to "https://" and by the lock icon appearing next to the URL.

However, we would like to point out that even encrypted data transmission over the Internet always involves security risks. Therefore, we cannot totally guarantee that third parties will not access data.

14. Updates and amendments to this Privacy Policy

This Privacy Policy is currently in effect and is current as of January 2023. We may amend this Privacy Policy at any time without notice. The respective current version published on our website always applies.