Privacy Policy

1. Introduction and Terms
Amex Sanivar AG and Amex GmbH (together “we” or “us”) are committed to protecting and respecting your personal data and privacy. This privacy policy relates to our use of any personal data we collect from you from any of our services. Whenever you provide such information, we are legally obliged to use your information in line with all applicable laws concerning the protection of personal data; including The General Data Protection Regulation 2016 (GDPR), the Swiss Federal Data Protection Act (DPA) together with any other subsequent laws including any national legislation implementing the GDPR (together referred to as “Data Protection Laws” in this privacy policy).

2. Who we are and how to contact us 

2.1. For the purpose of the Data Protection Laws, the data controllers are Amex Sanivar AG, registered with UID number CHE-423.231.400 and Amex GmbH with registered address of Raudenitzer Berg 19, 04626, Nobdenitz, Germany and registration number DE815387457.

2.2. If you want to request more information about our privacy policy or information regarding data protection you should contact us using the details provided below:

  • FAO: Privacy Officer
  • Amex Sanivar AG, Neustraße 19
  • 4623 Neuendorf, Switzerland
  • Email: privacy@amex-sanivar.com
  • Telephone: +491716101131 and ask to speak to the Privacy Officer

3. The data we collect about you 

3.1. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

3.1.1. Identity Data includes gender (where provided by you) first name, last name, username or similar identifier and company.
3.1.2. Contact Data includes correspondence address, delivery address, billing address, email address and telephone numbers.
3.1.3. Financial Data includes bank account and payment card details.
3.1.4. Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
3.1.5. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
3.1.6. Profile Data includes your username and password, purchases or orders made by you, your preferences, feedback and survey responses. 
3.1.7. Usage Data includes information about how you use our website, products and services.
3.1.8. Marketing and Communications Data includes your preferences in receiving marketing from us.
3.2. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
3.3. Our website is not intended for children and we do not knowingly collect data relating to children or provide services to them.
3.4. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.5. We only collect data from you directly or via third parties (see Third Parties below).

4. If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.


5. Purposes for which we will use your personal data 

5.1. We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

5.2. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

    Purpose/Activity

    Type of data

    Lawful basis for processing including basis of legitimate interest

    To register you as a new customer

    (a) Identity Data

    (b) Contact Data

    Performance of a contract with you

    To process and deliver your order including:

    (a) Requesting credit checks and company due diligence checks to assess your ability to pay our fees

    (b) Manage payments, fees and charges

    (c) Collect and recover money owed to us

    (a) Identity

    (b) Contact

    (c) Financial

    (d) Transaction

    (e) Marketing and Communications

    (a) Performance of a contract with you

    (b) Necessary for our legitimate interests (to recover debts due to us)

    To manage our relationship with you which will include:

    (a) Notifying you about changes to our terms or privacy policy

    (b) Asking you to leave a review or take a survey

    (a) Identity

    (b) Contact

    (c) Profile

    (d) Marketing and Communications

    (a) Performance of a contract with you

    (b) Necessary to comply with a legal obligation

    (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

    To enable you to partake in a prize draw, competition or complete a survey

    (a) Identity

    (b) Contact

    (c) Profile

    (d) Usage

    (e) Marketing and Communications

    (a) Performance of a contract with you

    (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

    To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)  

    (a) Identity

    (b) Contact

    (c) Technical

    (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

    (b) Necessary to comply with a legal obligation

    To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

    (a) Identity

    (b) Contact

    (c) Profile

    (d) Usage

    (e) Marketing and Communications

    (f) Technical

    Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

    To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

    (a) Technical

    (b) Usage

    Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

    To make suggestions and recommendations to you about goods or services that may be of interest to you

    (a) Identity

    (b) Contact

    (c) Technical

    (d) Usage

    (e) Profile

    Necessary for our legitimate interests (to develop our products/services and grow our business)

     

    5.3. We also embrace the use of social media and may wish to process any comments made public by you. We suggest you review the privacy policies of any social media sites you use before using them.


    6. Third parties

  1. 6.1. We will keep your information within the organisation except where disclosure is required or permitted by law or when we use third party service providers (data processors) to supply and support our services to you.  We have contracts in place with our data processors. This means that they cannot do anything with your personal data unless we have instructed them to do so. They will not share your personal data with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
    6.2. Please see below the list which sets out the categories of recipients of personal data.

    SERVICE PROVIDED

    IT Support Services

    Email Provider

    CRM System provider

    Software providers

    Secure document disposal service

    Internal HR systems provider

    Banks

    Email marketing platforms

    Office cleaning services

    Solicitors

    Credit reference agencies for conducting credit checks on business customers


    6.3. In addition third parties may provide us with Personal Data and they should only do so where the law allows them to. For example we may receive Personal Data about you from credit reference agencies or trade associations of which you are members – for further information you will need to check the privacy policies of these third parties.

    7. where your data is held

    7.1. Many of our external third parties are based outside the EEA / Switzerland so their processing of your personal data will involve a transfer of data outside the EEA.
    7.2. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
    • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
    • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
    • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
    7.3. Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA / Switzerland.

    8. Legitimate Interest & marketing
    8.1. Where we use Legitimate Interests we will record our decision and our method on making this decision.
    8.2. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
    8.3. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or have opted to receive marketing information from us.
    8.4. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
    8.5. You can ask us or third parties to stop sending you marketing messages at any by following the opt-out links on any marketing message sent to you or by contacting us at any time.
    8.6. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

    9. Applications to work for us

    If you apply to work for us (directly or indirectly) in any role (including volunteers) we may receive data about you from third parties. In addition, we will keep the details of your application and any additional information provided to us by you or others during your application so that we can keep you informed of future opportunities that you may be interested in. If you do not wish for us to keep your details for this reason, please let us know by contacting us using the details provided in this policy.


    10. Data retention

    Our data retention policy is dictated by the Data Protection Laws and is available for inspection by submitting a written request using the contact details provided in this policy.


    11. Your rights 
    11.1. Under the Data Protection Laws if you are a resident in the EEA or Switzerland you have the following rights:
    11.1.1. To be informed – We must make this privacy policy (sometimes referred to as a privacy notice) available with the emphasis on transparency over how we process your data.
    11.1.2. Access – You are entitled to find out what details we may hold about you and why. We strive to be as open as we can be in terms of giving people access to their personal data. Individuals can find out if we hold any of their Personal Data by making a formal request under the Data Protection Laws. Such requests should be in writing to the contact details provided in this policy. In the instance that we do not hold information about you we will confirm this in writing at the earliest opportunity. If we do hold your personal data we will respond in writing within one calendar month of your request (where that request was submitted in accordance with this policy). The information we supply will:
    (a) confirm that your data is being processed;
    (b) verify the lawfulness and the purpose of the processing;
    (c) confirm the categories of personal data being processed;
    (d) confirm the type of recipient to whom the personal data have been or will be disclosed; and
    (e) let you have a copy of the data in an intelligible form.
    11.1.3. Rectification – We are obliged to correct or update your details. We will correct or update your data without delay provided you make the request in writing to the contact details provided in this policy, clearly specifying which data is incorrect or out of date.
    11.1.4. Erasure – This is also known as the request to be forgotten. Under Data Protection Laws you have the right to erasure under specific circumstances. A request for your personal data to be deleted will be decided on a case by case basis and should be submitted in writing to the contact details provided in this policy.
    11.1.5. Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data.
    11.1.6. Portability – You have the right to obtain and reuse your personal data that you have provided to us.
    11.1.7. Object – You have the right to object to us processing your data in relation to direct marketing and or profiling.
    11.1.8. Rights in relation to automated decision making and profiling – We do not use automatic decision making or profiling.
    11.2.  Please note that you may need to provide identification in order to prove who you are if you wish to invoke any of your rights as provided by the Data Protection Laws and as summarized above.

    11.3.  If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.


    12. Changes
    We keep our privacy policy under regular review and you should check back regularly to ensure you are aware of changes to it. We may display this notice to you from time to time to help ensure you are aware of its contents.

     

    13. Complaints

    You have the right to complain about the processing of your personal data. Please contact us using the details provided above. If you are still unsatisfied you have the right to complain to the The Federal Data Protection and Information Commissioner (FDPIC) (in Switzerland) or your local data protection authority.  We would, however, appreciate the chance to deal with your concerns before you approach your date protection authority so please contact us in the first instance.