Data protection policy relating to the processing of personal data by the Felco mobile application

I) Introduction

This personal data protection policy describes how your personal data will be processed as part of your use of the Felco mobile application (hereinafter referred to as “App”).

The Data Controller is FELCO SA, Rue des Mélèzes 4, 2206 Les Geneveys-sur-Coffrane, Switzerland.

II) Definitions

The following terms shall have the meanings set out below. Other capitalized terms used in this Policy are defined in the Terms and Conditions of Use of the [APP NAME] mobile application.

"App" means the [APP NAME] mobile application as defined in the Terms and Conditions of Use.

"Personal data" refers to any information relating to an identified or identifiable natural person, such as a name, identification number, location data, online username, or one or more elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity.

"Affiliate" means a company or entity in which FELCO or Flisch Holding SA directly or indirectly holds at least 50% of the voting rights or over which FELCO or Flisch Holding SA exercises effective control. Affiliated Companies thus include subsidiaries of FELCO and Felco Motion SA, Rue de la Rinche 3, 2206 Les Geneveys-sur-Coffrane, Switzerland.

"Independent Distributor" means any party, company or entity with whom FELCO has a commercial relationship for the purpose of marketing and/or repairing FELCO products, in particular with whom FELCO has a distribution or repair services agreement.

"DPA" refers to the Swiss Federal Data Protection Act (RS 235.1).

"We", "FELCO" or "Data controller" refers to: FELCO SA, Rue des Mélèzes 4, 2206 Les Geneveys-sur-Coffrane, Switzerland. FELCO is the Data Controller for the App.

"Data Subject" or "you" means any natural person who could be identified directly or indirectly, and whose personal data is processed when using the App. The Users of the App who open a User Account are in any case Data Subjects.

"Policy" refers to this personal data privacy policy.

"GDPR" refers to Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general data protection regulation).

"User" means any party who uses the App.

"Processing" refers to any operation or set of operations carried out on personal data or on personal data sets, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, limitation, erasure or destruction.

III) Type of data collected, purpose of processing and legal basis

The personal data we collect and process are the first and last names, postal address and email address of the User of the App. You may also provide us with the company name, telephone number, date of birth and website. The technical data of your Tool will be associated with each registered FELCO Tool.

Downloading and installing the App on your Device

The collection and processing of your personal data during the download is based on your consent (GDPR article 6(1)(a) and DPA 12, 13(1)). When you download the App to your Device, data may be stored on your Device to enable installation or improve your user experience. You must give your consent before downloading.

Some features of the App require access to the geolocation data of your device. Such data are stored on the storage space of the App in your Device and will not be accessible or transmitted to FELCO. You may enable or disable these features and therefore access by the App to the geolocation data of your Device at any time from the preferences of the App.

Using the App

The collection and processing of your personal data while opening the User Account (first and last names, postal address and email address) are based on the execution of the licence agreement between us as part of the provision of the App (GDPR articles 6,1,b and DPA 13). These data will be processed in order to allow the use of the App and the supply of the associated Services and Features.

The collection and processing of data about the company name, telephone number, date of birth and website are based on your consent (GDPR articles 6(1)(a) and DPA 13(1)). These data will be used to improve your user experience, and provide you with services and offers relevant to the maintenance of your Tools and your professional activities.

FELCO may contact you regarding the App, your Tools or other FELCO products, including for marketing purposes and to conduct surveys. Communication concerning the App and your Tools aims to provide you with information relating to the use of your Tools, as intended by the App (GDPR articles 6(1)(b) and DPA 13(2)(a) in respect of the performance of an agreement).

Communication concerning other FELCO tools or services, including for marketing and survey purposes, is based on our legitimate interest relating to the conduct of our business (GDPR articles 6(1)(f) and DPA 13). Our legitimate interest also justifies the transfer of data to our Affiliates for processing, in order to improve the App or for statistical, research and development purposes and to improve the quality of our products, protect and defend our rights, property and security or those of our customers and other Users of the App.

The processing of your data by our Affiliates for the purpose of sending you commercial information about FELCO offers and products is based on your consent (GDPR articles 6(1)(a) and DPA 12, 13(1)). You may change your preferences and withdraw your consent at any time. We may save some of the data if you withdraw your consent (such as your email address), in order to comply with your opposition to the sending of commercial messages.

FELCO and the Affiliates may use your data to communicate with you about your Tools and other FELCO products after you unsubscribe from the App, until you object to the sending of such messages (GDPR articles 6(1)(a) and DPA 13(1)). You may oppose such processing at any time while using the App, before you unsubscribe from the App.

FELCO, our Affiliates and Independent Distributors may process your data in order to provide you with maintenance, repair or after-sales services if such services are part of your contractual relationship (sales, services or warranty) with FELCO, the Affiliates and their contracting parties, or with the Independent Distributors. In particular, Independent Distributors may collect data about you when selling and registering a tool or when processing a warranty claim for defects. FELCO and our Affiliates may have access to data collected by Independent Distributors and may process them for maintenance, repair or after-sales services, statistical, research and development purposes. FELCO may send the data collected through the App to Independent Distributors for the same purposes. The processing and transmission of personal data are based on the fulfilment of the aforementioned contractual obligations and the legitimate interest of FELCO (including the legitimate interest of our Affiliates and Independent Distributors) to offer you the best experience in connection with the use of your Tools (GDPR articles 6(1)(b) and (f) DPA 13).

We may process the data collected for another purpose compatible with the purposes set out above. For example, we may use the data for the purposes of archiving and statistics related mainly to the use of the tools or to inform you of any safety issues and possible defects of the tools in accordance with our legal obligations, including as a preventive measure to keep you safe and thus protect your interests (GDPR articles 6(1)(c) and (f) and DPA 13).

You may provide FELCO with personal data when using other services or making contact, for example via the newsletter. These databases are managed independently, so your unsubscribing from one service will not automatically apply to the other services. Please take the time to inform us of your consent or opposition to the processing of your data for each service.

FELCO mainly engages in business-to-business trade. Its power tools and App are intended for business users; they are not intended for minors. In particular, the App is not intended for persons under 16 years of age. If you are considered to be a minor in your country, you must obtain permission from your parents or guardians before submitting your personal data, accepting this Data Protection Policy and using the App.

The App is not designed or provided for measuring the performance of employees or users of the Tools. The User undertakes to comply with the provisions applicable to data protection and worker protection in particular. FELCO declines all liability if the App is used for a purpose unrelated to the Tool.

VII) Retention period

FELCO shall only retain personal data for as long as necessary for the purposes described in section III above “Type of data collected, purpose of processing and legal basis”. We may retain personal data collected after the deactivation of your User account, unsubscribing or uninstalling the App when you have given your consent or to the extent necessary to achieve a purpose consistent with the aforementioned purposes. More specifically:

The data collected under the licence to use the App are used to manage our contractual relationship and provide you with access to the Features and Services of the Application. Such data include the first and last names, postal address and email address. Storage periods shall be determined by statutes of limitation, which may extend for up to 10 years from the end of the contractual relationship. Subject to your consent, we will use those data to communicate with you after you unsubscribe from the services of the App.
The data collected on an optional basis during your registration with the App are stored until you unsubscribe from the App. Such data may include the telephone number, date of birth or website. Subject to your consent, we will use those data to communicate with you after you unsubscribe from the services of the App.
Personal data processed by our Affiliates on the basis of your consent will be stored until your consent is withdrawn. Some data (e. g. your email) may be saved in order to abide by your opposition to the sending of commercial communications.
The data transmitted by email or post shall be retained according to the type of request.

We may need to retain data for long periods of time in order to allow us to recognise, exercise or defend our rights in court or for archiving or historical purposes. Where possible and feasible, personal data shall be made anonymous by removing information that allows persons to be identified.

V) Third party access to data

Third-party providers who provide services to FELCO may have access to certain personal data. These third-party service providers mainly help us with the maintenance and support of our IT systems, database hosting or the circulation of marketing information. The databases are backed up on servers in Switzerland.

We may make your data accessible or transmit them to affiliated Companies and Independent Distributors in your country of residence for the purpose of fulfilling contractual obligations or in our legitimate interest (as explained in section III above “Type of data collected, processing purpose and legal basis”).

VI) Transmission outside Switzerland and the EEA

The entity responsible for the management and use of the data collected from the Application is FELCO. The databases used by FELCO are hosted on servers located in Switzerland.

Some affiliated companies and Independent Distributors are located outside Switzerland and the EEA. Personal data may therefore be sent outside Switzerland and the EEA for the purposes set out in section III above “Type of data collected, purpose of processing and legal basis”.

Information is communicated by FELCO using the services of MailChimp, a US company based in Atlanta, which has subscribed to the Privacy Shield covering Switzerland and the European Union. Personal data may therefore be sent to the USA. To learn more about MailChimp’s privacy policy, click here.

FELCO may also disclose and/or transfer your personal data if required under applicable law or in order to comply with legal proceedings, a court decision or any other legal obligation or investigation conducted by a public or judicial authority, or to protect and defend its rights, the property, services or security of FELCO, its Websites or mobile applications or to protect and defend the rights, property or safety and security of its customers and users.

VIII) Data security

When using the App, personal data are transmitted in an encrypted form. Where appropriate, we use encryption, anonymisation and pseudonymisation. We monitor our systems to detect potential vulnerabilities and attacks.

XI) Internet links

The App may contain links to FELCO websites. The data protection policy applicable to websites operated by FELCO applies in addition to this Data Protection Policy.

The App may contain links to websites that are not operated by FELCO. FELCO is not responsible for their content or their personal data protection policies. By using these links, you exit the websites and Apps operated by FELCO, and this Policy does not apply to them.

IV) Your rights to your personal data

You have the following rights regarding your personal data:

Right to information: upon request, we will inform you about the type of personal data collected, its origin, the reason and the status of its processing.
Right of access: upon request, we will provide you with a copy of your personal data held by FELCO.
Right of rectification/erasure: upon request, we will rectify or erase your personal data that is inaccurate or incomplete. We encourage you to update the personal data you have provided to us.
Right to object to processing: upon request and subject to conditions and limitations determined by the applicable law, we will restrict/limit the processing of your personal data or erase your data. You may object to receiving marketing communications at any time.
Right to data portability in the EEA: upon request and subject to the law applicable in your country of origin, we shall provide you with the personal data you have submitted to us in a structured, commonly used and machine-readable format.
Right of withdrawal: you have the right to withdraw any consent you have granted for the processing of your personal data, at any time. Any processing operations carried out before your withdrawal of consent remain lawful.
Right to file a complaint with the data protection supervisory authority: you have the right to contact the supervisory authority in your place of residence.

We encourage you to contact us with any questions or requests regarding the aforementioned rights via the following address: pdp@felco.com. We will contact you as soon as possible.

XII) Responsible bodies and contact

The data controller is FELCO SA based Rue des Mélèzes 2, 2206 Les Geneveys-sur-Coffrane, Switzerland.

You may contact us at any time at the following address: pdp@felco.com

XIII) Revision

FELCO reserves the right to revise this data protection policy at any time to adapt it to technical, legal or other developments or for implementing new Features and Services of the App. The applicable Data Protection Policy is the one applicable on the date of connection and use of the App by the User.