Data Protection Agreement for the use of e-learnings, forms, checklists

between

HSE.swiss GmbH, AEB SafetyNetwork GmbH and

and

Users of the e-learning on mylearncoach.ch

Introduction

We, HSE.swiss GmbH and our partner company AEB SafetyNetwork GmbH, hereinafter referred to as "we or us", comply with the European DATA PROTECTION REGULATION (GDPR). We attach great importance to data protection and have therefore implemented numerous technical and organisational measures to ensure that the personal data processed by us and our partners is protected as completely as possible. This agreement serves to regulate data protection between the customer (in the further text "customer(s), you, yours") and us.

We collect data for the following reasons:

to provide and operate our services;
to comply with our documentation obligations to our customers (or "you") and the law;
to develop, customise and improve our services;
to respond to your feedback, enquiries and requests and to provide assistance;
to analyse patterns of demand and usage;
for other internal, statistical and research purposes;
to improve our data security and fraud prevention capabilities;
to investigate violations and enforce our terms and policies and to comply with applicable law, regulation or governmental request;
to provide you with updates, news, promotional materials and other information related to our services. For promotional emails, you can decide whether you want to continue receiving them. If not, simply click on the unsubscribe link in these emails.

Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. The legal basis for the processing of users' personal data is Art. 6 para. 1 lit. f DSGVO.

What data is stored?

Use of third-party services

For the use of e-learning, we work together with our supplier mylearncoach.ch, which provides the learning platform. mylearncoach.ch expressly points out that they comply with the applicable European DATA PROTECTION REGULATION (DSGVO). (https://www.mylearncoach.ch/datenschutz/)

We provide digital checklists, forms, e-learning summaries and other documents via the online tool of JotForm Inc. JotForm Inc. (https://www.jotform.com/gdpr-compliance/) explicitly states that they comply with the applicable European DATA PROTECTION REGULATION (GDPR). For more information about JotForm Inc.'s data security, please visit https://www.jotform.com/enterprise/security/. You can view the data protection agreement between us and JotForm Group at the following link: https://link.safetynetwork.ch/datenschutzvereinbarung

E-learning training participants: We only store the following personal data of the participating persons, provided that the participating person consents to the data protection provisions and enters your details:

First name / Surname
E-mail address
Score achieved in the e-learning
Activity log (time of accessing the page)

Before entering personal data, each course participant is informed that he or she accepts our data protection regulations and the data protection regulations of mylearncoach.ch. The data protection provisions of mylearncoach.ch apply to the use of e-learning. The data required for the completion of the e-learning module will be stored exclusively on the mylearncoach.ch e-learning platform. The data will not be passed on or sold to third parties and will not be used for advertising purposes.

Selected contact persons of the client for the e-learning: The following data is collected by mylearncoach.ch from the selected persons of the client who have access to the results via a protected area:

Username
First name / Surname
Company name and address
E-mail
Telephone, mobile phone (optional)

Access to data

The following persons and companies have access to the names, e-mails, results of the training participants and the time of the training via a protected area:

Selected contact persons of the client;
Supervisor(s) of HSE.swiss GmbH.

This storage is necessary in order to prove that the training participants complete and pass the required training and that it is documented. No data is passed on to third parties.

Storage period

Please note that we will retain the data we collect for as long as is necessary to provide our services, to comply with our legal and contractual obligations to you, to resolve disputes and to enforce our agreements.

We may correct, amend or delete inaccurate or incomplete data at any time at our sole discretion.

The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected.

How do we protect the data?

Your data is stored on secure servers in Switzerland by mylearncoach.ch and JotForm Inc. behind a firewall. Most areas of the services are done via secure HTTPS access.

How do we deal with minors?

The Services are not intended for users who are under the legal age of majority. We will not knowingly collect data from children. If you are under the age of majority, you should not download or use the Services or provide any information to us.

We reserve the right to request proof of age at any time so that we can verify whether minors are using our Services. In the event that we become aware that a minor is using our Services, we may prohibit such users from accessing our Services and block them, and we may delete any information we hold about that user. If you have reason to believe that a minor has disclosed data to us, please contact us as explained below.

Use of data

We will only use your personal data for the purposes set out in the Privacy Policy and only if we are satisfied that:

the use of your personal data is necessary to perform or enter into a contract (for example, to provide you with the Services themselves or customer care or technical support);
the use of your personal data is necessary to comply with relevant legal or regulatory obligations; or
the use of your personal data is necessary to support our legitimate business interests (provided that at all times this is done in a way that is proportionate and respects your data protection rights).

Right of access

You may request confirmation from the controller as to whether personal data relating to you is being processed by us. If such processing is taking place, you may request the controller to provide you with the following information: (1) the purposes for which the personal data are processed; (2) the categories of personal data which are processed; (3) the recipients or categories of recipients to whom the personal data relating to you have been or will be disclosed. (4) the envisaged duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period; (5) the existence of a right to rectify or erase the personal data concerning you, a right to restrict processing by the controller or a right to object to such processing; (6) the existence of a right to lodge a complaint with a supervisory authority; (7) any available information on the origin of the data if the personal data are not collected from the data subject; (8) the existence of automated decision-making, including profiling, pursuant to Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and the intended effects of such processing for the data subject. You have the right to request information on whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

Right to rectification

You have a right to rectification and/or completion vis-à-vis the data controller, insofar as the personal data processed concerning you are inaccurate or incomplete. The controller shall make the rectification without undue delay.

Right to restriction of processing

You may request the restriction of the processing of personal data concerning you under the following conditions: (1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data; (2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data; (3) the controller no longer needs the personal data for the purposes of the processing but you need them for the establishment, exercise or defence of legal claims; or (4) if you object to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds. Where the processing of personal data relating to you has been restricted, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a Member State. If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

Right to erasure

a) Obligation to delete

You may request the controller to erase the personal data concerning you without undue delay and the controller is obliged to erase such data without undue delay if one of the following reasons applies: (1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed. (2) You withdraw your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing. (3) You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR. (4) The personal data concerning you have been processed unlawfully. (5) The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject. (6) The personal data concerning you have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested them to erase all links to, or copies or replications of, that personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary (1) for the exercise of the right to freedom of expression and information; (2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (3) for reasons of public interest in the field of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) of the GDPR; (4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) of the GDPR, insofar as the right referred to in section (a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or (5) for the establishment, exercise or defence of legal claims.

Right to information

If you have exercised the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right against the controller to be informed about these recipients.

Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance by the controller to whom the personal data was provided, provided that (1) the processing is based on consent pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO or on a contract pursuant to Art. 6(1)(b) DSGVO and (2) the processing is carried out with the aid of automated procedures. In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons. The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions. The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims. If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.

Right to revoke your consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Automated decision-making in individual cases, including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects vis-à-vis you or similarly significantly affects you. This does not apply if the decision (1) is necessary for the conclusion or performance of a contract between you and the controller, (2) is permitted by Union or Member State law to which the controller is subject and that law contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or (3) is made with your explicit consent. However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests. With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR. The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

Contact

If you have any general questions about the Services or the data we collect about you and how we use it, please contact us at:

Name: Eduard Aregger

Address: HSE.swiss GmbH, Eduard Aregger, Höfligasse 3, 6460 Altdorf, Switzerland.

E-mail address: eduard.aregger@hse.swiss

As we take data protection very seriously, we ask you to request your information in writing and by post with the signatures of the authorised representatives.

Use of our services

To access the e-learning modules, forms and checklists, you may only use the link that we provide to you.

In some cases we use the service short.io to provide you with shortened links. The links are created by us. Short.io. declares in its privacy policy that they adhere to the applicable European data protection regulations. (https://short.io/privacy)

In the following cases, we fully disclaim liability for the traceability of the personal data entered:
The link to the e-learning/form/checklist is posted via a social platform (e.g. Facebook or WhatsApp).
The link to the e-learning/form/checklist is opened from abroad (outside of Switzerland).
The link to the e-learning/form/checklist is opened with a short link that has not been provided by us.References and links to third-party websites are outside our area of responsibility. Access and use of such websites is at the user's own risk. We expressly declare that we have no influence whatsoever on the design, content and offers of the linked websites. Information and services of linked websites are entirely the responsibility of the respective third party. We decline any responsibility for such websites.

Liability

Although every care has been taken to ensure the accuracy of the information published, no warranty can be given in respect of the accuracy, timeliness, reliability or completeness of such information. We expressly reserve the right to change, delete or temporarily not publish content in whole or in part at any time without prior notice. Liability claims against us for material or immaterial damage resulting from access to or use or non-use of the published information, from misuse of the connection or from technical faults are excluded.

Disclaimer

The information contained herein is not intended to be a substitute for legal advice and you should not rely on it alone. Specific requirements relating to legal terms and policies may vary from state to state and/or jurisdiction to jurisdiction. As set out in our Terms of Use, you are responsible for ensuring that your services are permitted under the law that governs you and that you comply with it.

To ensure that you fully comply with your legal obligations, we strongly recommend that you seek professional advice to better understand which requirements apply specifically to you.

Agreement

By entering their data for the e-learning and clicking continue on the data protection message, the customer declares that they are aware of the data protection agreement of HSE.swiss GmbH and AEB SafetyNetwork, and that they accept and comply with it.

Status: Altdorf, 19 January 2022

Data protection agreement for the use of e-learnings, forms, checklists