Data Protection Statement of Luca Schenardi, lucaschenardi.ch

Version effective as of [March 2023]

With this Data Protection Statement I, Luca Schenardi, describe how I collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of my data processing. It is possible that other data protection statements are applicable to specific circumstances.

The term "personal data" in this Data Protection Statement to shall mean any information that identifies, or could reasonably be used to identify any person.

If you provide me with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Data Protection Statement and only provide me with their data if you are allowed to do so and such personal data is correct.

This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection («revDPA»). However, the application of these laws depends on each individual case.

1.         
Controller / Data Protection Officer / Representative

Option 1 – Controller does not have a Data Protection Officer pursuant to art. 37 GDPR:

The "controller" of data processing as described in this data protection statement is Luca Schenardi, Höfligasse 7, 6460 Altdorf. You can notify me of any data protection related concerns, using the following contact details: Luca Schenardi, Höfligasse 7, 6460 Altdorf or mail@lucaschenardi.ch.

2.         
Collection and Processing of Personal Data

I primarily process personal data that I obtain from my clients and other business partners as well as other individuals in the context of my business relationships with them or that I collect from users when operating my website, apps and other applications.

Insofar as it is permitted to me, I obtain certain personal data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet) or I may receive such information from affiliated companies of Luca Schenardi, from authorities or other third parties. Apart from data you provided to me directly, the categories of data I receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information, information about you given to me by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, my distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of my website (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).

3.         
Purpose of Data Processing and Legal Grounds

I primarily use collected data in order to conclude and process contracts with my clients and business partners, in particular in connection with illustration to my clients and the procurement of products and services from my suppliers and subcontractors, as well as in order to comply with my domestic and foreign legal obligations. You may be affected by my data processing in your capacity as an employee of such a client or business partner.

In addition, in line with applicable law and where appropriate, I may process your personal data and personal data of third parties for the following purposes, which are in my (or, as the case may be, any third parties') legitimate interest, such as:

• providing and developing my products, services and websites, apps and other platforms, on which I am active;

• communication with third parties and processing of their requests (e.g., job applications, media inquiries);

• review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;

• advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of my customer base and you receive my advertisement, you may object at any time and I will place you on a blacklist against further advertising mailings);

• market and opinion research, media surveillance;

• asserting legal claims and defense in legal disputes and official proceedings;

• prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);

• ensuring my operation, including my IT, my websites, apps and other appliances;

• video surveillance to protect my domiciliary rights and other measures to ensure the safety of my premises and facilities as well as protection of my employees and other individuals and assets owner by or entrusted to me (such as e.g. access controls, visitor logs, network and mail scanners, telephone recordings);

• acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of Luca Schenardi.

If you have given me your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), I will process your personal data within the scope of and based on this consent, unless I have another legal basis, provided that I require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

4.         
Datatransfer and Transfer of Data Abroad

In the context of my business activities and in line with the purposes of the data processing set out in Section 3, I may transfer data to third parties, insofar as such a transfer is permitted and I deem it appropriate, in order for them to process data for me or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned: 

• my service providers (within Luca Schenardi or externally, such as e.g. banks, insurances), including processors (such as e.g. IT providers);

• dealers, suppliers, subcontractors and other business partners;

• clients;

• domestic and foreign authorities or courts;

• the media;

• the public, including users of my website and social media;

• competitors, industry organizations, associations, organizations and other bodies;

• acquirers or parties interested in the acquisition of business divisions, companies or other parts of Luca Schenardi;

• other parties in possible or pending legal proceedings;

• affiliates of Luca Schenardi

together Recipients.

Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which Luca Schenardi is represented by affiliates, branches or other offices as well as to other countries in Europe and the USA where my service providers are located.

If a recipient is located in a country without adequate statutory data protection, I require the recipient to undertake to comply with data protection (for this purpose, I use the revised European Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless I cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.

5.         
Retention Periods for your Personal Data

I process and retain your personal data as long as required for the performance of my contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against my company or insofar as I am otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).

6.         
Data Security

I have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse.

7.         
Obligation to Provide Personal Data To Me

In the context of my business relationship you must provide me with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of my contractual obligations (as a rule, there is no statutory requirement to provide me with data). Without this information, I will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).

8.         
Profiling

I may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows me to inform and advise you about products possibly relevant for you more accurately. For this purpose, I may use evaluation tools that enable me to communicate with you and advertise you as required, including market and opinion research.

9.         
Your Rights

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to my data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that I reserve the right to enforce statutory restrictions on my part, for example if I am obliged to retain or process certain data, have an overriding interest (insofar as I may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, I will notify you thereof in advance. I have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, I will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact me at the addresses provided in Section 1 above.

In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

10.      
Amendments of this Data Protection Statement

I may amend this Data Protection Statement at any time without prior notice. The current version published on my website shall apply. If the Data Protection Statement is part of an agreement with you, I will notify you by e-mail or other appropriate means in case of an amendment.