Last updated on May 1st 2022

Data Protection Notice of SUNSTAR Suisse SA

The following information in this Data Protection Notice is intended to provide you with information on the collection and processing of your personal data by SUNSTAR Suisse SA (“SUNSTAR”, “we” or “us”), and your rights under data protection law. Which data is processed will vary depending upon the requested or agreed upon services. At the end of this Notice you will also find a section which describes the cookies and technologies used on our website and your choices regarding these.

In some instances, for example when you are dealing directly with another SUNSTAR entity these will collect and process your data and act as controllers in the fulfilment of their services to you. For more detail on this processing please consult the Data Protection Notice of the relevant SUNSTAR entity.

Contact details

Should you have any notes, comments, or questions regarding this Notice or the processing of your personal data, please contact us at:

SUNSTAR Suisse SA
Route de Pallatex 15
1163 Etoy
Switzerland

EU Representative in accordance with Article 27 GDPR

SUNSTAR Deutschland GmbH
Aiterfeld 1
79677 Schönau im Schwarzwald
Germany

Categories of Personal Data

Generally, no personal data must be provided to us unless it is required in the individual case to fulfil a contract, enable communication or for technical purposes. All online forms will specify the personal data required to carry out the contract or specific action requested.

We process your personal data which we have received directly from you as part of our business relationship with you. In addition to data that we receive directly from you, we also obtain and process data about you which is available in the public domain or that was provided to us by other companies within the SUNSTAR Group or by third parties, in order to properly and adequately fulfil our regulatory and contractual obligations as well as to improve, expand and market our service offering. These third parties include event service providers which either collect your information in our name or supply us with your personal data in the context of an event.

The following categories of personal data are processed:

• personal details and contact data (name, address, phone, age, further contact details);
• order data (e.g. payment, shipment, special requirements);
• data stemming from the fulfilment of our contractual obligations;
• advertising and sales data (including cookies, preferences, sales history);
• record-keeping data (e.g. minutes of consultation, call logs, complaints)
• other data related or comparable to the above categories (e.g. Email, communication data).

Purposes of Processing and Legal Basis

For the fulfilment of contractual obligations

Your data will be processed to provide you with products (including via online sales platforms such as Amazon) and related ancillary services as part of entering and executing our contracts with you. The exact nature and purpose of data processing are based primarily on the specific product or service requested and on whether you make a direct purchase with us or order through another vendor (e.g. Amazon).

For the fulfilment of SUNSTAR and of third-party interests

In order to safeguard our legitimate interests and those of third parties, we also process your personal data for the following purposes:

• to manage risks within SUNSTAR;
• to assert legal claims and enable defence in legal disputes;
• to prevent violations of the law;
• to ensure IT security and IT operations;
• to take measures to ensure the security of buildings and systems (e.g. entry controls); and
• to take measures for business management purposes and for the development and marketing of services and products;
• to provide tailored customer service

Our legitimate interests in these circumstances are the reduction and management of risk, enforcement of our rights, implementation of efficient business processes and the improvement, marketing and sale of our products and services.

On the basis of your consent

Provided your consent has been given, we are permitted to process your personal data for the purposes which you consented to. You can withdraw this consent at any time. Please note that the withdrawal of consent has no retroactive effect on the previous use of your personal data.

Applicable law generally requires consent for sending you newsletters. This consent can be withdrawn at any time by clicking the unsubscribe link at the bottom of every newsletter or by contacting us under the above-mentioned contact details.

On the basis of statutory requirements, public or vital interest

We are subject to various national and international regulatory obligations under which we are required by law to carry out certain processing operations. Additionally, we may process your personal data in exceptional circumstances when processing is necessary in order to protect your vital interests or those of another person. Additionally, we may process your personal data if this is necessary for the performance of a task carried out in the public interest.

Categories of Processors

Data Protection is of utmost importance to SUNSTAR. Your personal data can only be accessed by persons within SUNSTAR who need this access to adequately and appropriately fulfil SUNSTAR’s legal and contractual obligations and provide the requested product or services and to enable our business processes. In this context your data will be processed for the same purpose by service providers and subcontractors instructed by us, while fulfilling the relevant data protection prerequisites and our instructions. Such companies provide services including IT, communication, and advisory, as well as distribution and marketing services. Each of these processors has been carefully chosen and data processing agreements have been entered between SUNSTAR and the data processors which contain the required technical and organizational measures and meet the applicable data protection requirements.

These processors include:

• CRM and CMS Providers
• Newsletter Service Providers
• Design and Marketing Agencies
• Server, Storage and other IT/Telecommunication Providers
• Event Management Service Providers
• Shipment and Fulfilment Service Providers
• Accounting and Finance Service Providers

Transfers of Personal Data

If you are based in the EEA we only transfer your personal data outside of the included jurisdictions in accordance with the requirements set out by the GDPR.

The transfer of personal data outside of the EEA is only allowed under certain conditions (Chapter 5 GDPR). Primarily, the processing of data must be lawful in the respective country where the data is being processed. Furthermore, a transfer of data may only take place if an adequate level of protection is ensured in the recipient country. This determination is based on the list of countries providing an adequate level of protection released and periodically adapted by the European Commission (Art. 45 GDPR), as well as on appropriate safeguards (Art. 46 GDPR), binding corporate rules (Art. 47 GDPR), or the codes of conduct (Art. 40 GDPR) and certification procedures. Before transferring your personal data SUNSTAR will ensure that the required prerequisites are fulfilled to provide an adequate level of protection. If you have any questions related to such transfers, please contact us at the details provided above for more information.

Information collected via cookies and other website technologies is primarily processed within the EEA. In some cases data is transferred to the USA. Please review the individual technology and your choices in our Consent Management Platform.

The USA is assessed by the European Court of Justice as a country with an inadequate level of data protection according to EU standards. There is a risk that your data may be processed by US authorities for control and monitoring purposes, possibly even without the possibility of redress. If you decline these vendors, the transmission described above will not take place. By agreeing to cookies from above mentioned US service providers you consent in accordance with Art. 49 Para. 1 Cl. 1 lit. a GDPR that your data is transferred and processed in the USA. Before transferring your personal data SUNSTAR will take appropriate additional security measures such as contracts based on the EU standard contractual clauses to provide an adequate level of protection. If you have any questions related to such transfers please contact us at the details provided above for more information.

Duration of Storage

We collect and process your personal data only if it is required in order for us to fulfil any relevant legal or contractual obligations or legitimate business purposes.

Should the data no longer be necessary for the purposes for which it was collected, we are obligated to erase or anonymize it, unless further processing of this data, which is limited in time, is required to comply with retention periods prescribed by law.

In Switzerland, your contract data will generally be stored for at least 10 years from the date of its creation if it falls under the business document retention requirements of the Swiss Law of Obligations. Cookies and other website related data are processed for a much shorter period. More details can be found in the cookie and technologies section below.

Your Rights

As a person in the EEA, you have the following rights relating to your personal data (Articles 13 to 22 GDPR):

• To request access to your personal data as well as information on the data processing in accordance with Article 15 GDPR. This includes enabling you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully.
• To request correction (rectification) of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• To request erasure of your personal data. This enables you to ask us to delete or remove personal data in certain circumstances. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
• To object to processing of your personal data where we are relying on the public interest or our legitimate interests (or those of a third party). If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate reasons for processing that outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend legal claims. If your personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing. If you object, your personal data will no longer be used for the purpose of direct marketing.
• To request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you: for example, if you want us to establish its accuracy or that it is being properly used by us. The right to restrict processing exists in the following cases:
  • If you dispute the accuracy of your personal data stored with us, we usually need time to verify this. For the duration of the review, you have the right to request that we limit the processing of your personal data.
  • If the processing of your personal data was/is unlawful, you can demand the restriction of the data processing instead of deletion.
  • If we no longer need your personal data, but you do need it to exercise, defend or assert legal claims, you have the right to demand restriction of the processing of your personal data instead of deletion.
  • If you have lodged an objection in accordance with Art. 21 Paragraph 1 GDPR, a balance must be struck between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to demand the restriction of the processing of your personal data.
  • If you have restricted the processing of your personal data, such data, apart from being stored, may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the European Union or a Member State.
• To request the transfer of your personal data to another party where we process it based on your consent or process it by automated means. If you request the direct transfer of the data to another party, this will only take place if it is technically feasible.
• To withdraw any consent, you have given to allow us to send marketing communications to you or collect or use your personal data in any other way.

In the case of infringements of the GDPR, you have a right of appeal to a supervisory authority, in the Member State of your residence, place of work or place of the suspected infringement (Art. 77 GDPR). This right of appeal is without prejudice to other administrative or judicial remedies.

Please note that exercising some of these rights may mean that we are unable to provide our services to you because it is information that is essential to us being able to do so. In other cases, it may mean that we are providing services based on incomplete information, which may mean that those services will not meet your needs.

SUNSTAR Suisse SA does not carry out automated decision as set out in Article 22 GDPR.

If you are not in the EEA Art. 8 DSG will govern your rights to request access to data and information surrounding the processing.

Newsletter/Marketing Emails

Regardless of the type of contact, we use your e-mail address solely for our own advertising purposes. Processing of personal data in the context of sending marketing emails to potential customers is based on Art. 6 (1) lit. a GDPR. You can revoke your consent at any time without affecting the legality of the processing carried out until your revocation of the consent. You can unsubscribe from marketing emails at any time using the corresponding link in the email or by notifying us. Your e-mail address will then be removed from the mailing list.

If you register for marketing emails, we will electronically record and store the personal data you provide us. The purpose of this processing is initially the implementation of the so-called double-opt-in procedure, with which you can agree to the regular reception of marketing e-mails. This means that after submitting your data and information, we will send you an e-mail to the e-mail address you have provided and ask you in this e-mail for confirmation that you wish to receive the marketing emails. If there is no confirmation of your registration, your data will be deleted.

After your confirmation we will store your IP address and the time of the confirmation. The purpose of this procedure is to prove your registration for the marketing e-mails and, if necessary, to detect and prevent possible misuse of your personal data. The legal basis for this processing is our legal obligation to document consent.

Existing Customers

After the purchase of goods or services, we may send you marketing emails for similar products and services. This data processing is based on our legitimate interest to advertise our products and services (Art. 6 (1) lit. f GDPR).

Newsletter Analytics

SUNSTAR uses so-called newsletter tracking in its marketing emails. Recipient reactions (opening a mailing, clicking on text and image links, downloading images with an e-mail program) are recorded and stored

The purpose of this processing is to improve the quality of the emails and to optimize our offers. The legal basis for processing is our legitimate interest under Art. 6 (1) lit. f GDPR in ensuring only relevant information is provided to recipients and non-interested recipients can be deleted from the list.

This tracking will not occur if you have disabled the display of images by default in your e-mail program. In this case the newsletter will not be displayed completely, and you may not be able to use all the features. As soon as you have the pictures displayed, the just described tracking is activated.

Withdrawing consent or objection

You can object or withdraw consent to this processing of personal data and unsubscribe from our direct marketing emails at any time by sending an email with your unsubscribe request to privacy@ch.sunstar.com or by clicking on the unsubscribe link which is contained at the bottom of every marketing email.

Amazon Ordering

To fulfil our contractual obligations towards our customers, we use external shipping partners and other service providers. We provide your name as well as your delivery address exclusively for the purpose of the delivery of goods Art. 6 (1) lit. b GDPR to a shipping partner selected by us.

Note to Amazon Privacy Notice

You have already been informed in the data protection notice provided by Amazon about the collection and storage of your personal data and the type and purpose of its use. Any required consent to this processing was obtained by Amazon during your registration. We do not collect any further personal data from you beyond the personal data provided by Amazon. Amazon transmits your personal data to us for the purpose of performing the contract. This personal data transmitted to us by Amazon is stored and processed by us under this Data Protection Notice.

The Amazon platform is responsible for all further data processing on its platform that goes beyond the data processing described in this Data Protection Notice including the payment methods provided on the Amazon Website. For more information about Amazon’s data processing, see Amazon’s Privacy Notice.

Version & General Remarks

We reserve the right to make changes to this Data Protection Notice at any time. The current version of this document applies.

This Data Protection Notice is in effect since 01.05.2022.

Sunstar Privacy Policy for California Residents

This Privacy Policy for California Residents supplements the information contained in Sunstar’s Data Protection Notice and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Policy to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Policy.

Information Sunstar collects

The sunstar.com, sunstar-engineering.com, sunstar-foundation.org, websites (the “Site”) collect information that identify, relate to, describe, reference, are capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, the Site has collected the following categories of personal information from its consumers within the last 12 months:

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, such as:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Sunstar obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Site.

Use of Personal Information

Sunstar may use or disclose the personal information it collects for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our Site, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Site experience.
• For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

Sunstar will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing of Personal Information

Sunstar may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

• Subsidiaries and affiliates.
• Contractors and service providers.
• Data aggregators.
• Third parties with whom we partner to offer products and services to you.

Disclosure of Personal Information for a business purpose

In the preceding 12 months, Sunstar has disclosed the following categories of personal information for a business purpose to the parties identified above:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Sale of Personal Information

In the preceding 12 months, Sunstar has not sold personal information.

Access to information and data portability rights

You have the right to request that Sunstar disclose certain information to you about the collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion rights

You have the right to request that Sunstar delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising your rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to:

SUNSTAR Suisse SA
Route de Pallatex 15
1163 Etoy
Switzerland

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response and format

We endeavor to respond to a verifiable consumer request within forty-five days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Your information sale opt-in and opt-out rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer who is between 13 and 16 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Other California Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write or email to us at:

SUNSTAR Suisse SA
Route de Pallatex 15
1163 Etoy
Switzerland

Changes to this Sunstar Privacy Policy for California Residents

Sunstar reserves the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the Site and update the Policy’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

Cookies and Website Technologies

In order to provide the services on our website and market our offering we use several cookies and other technologies. These are described hereafter in detail and were applicable opt-out options are provided.