1 General provisions
The security and strictly confidential treatment of personal data is a top priority for labor team w ag. We always process personal data in accordance with the applicable data protection provisions of the Federal Act and the Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons.
In this statement, labor team w ag informs about the handling of personal data, in particular regarding the processing and transmission of these data as well as the data protection claims and rights of data subjects. Personal data include all information from which a person can be directly or indirectly identified. For the protection of personal data, labor team w ag uses the most modern security standards only. Data are only disclosed abroad if this is necessary for the provision of the service and if the data protection standard of the respective country corresponds to that of Switzerland.
The employees of labor team w ag are subject to professional confidentiality pursuant to Art. 321 of the Swiss Criminal Code and Art. 27 / 6 of the Health Act (GesG) and have signed a confidentiality agreement. The duty of confidentiality continues to apply even after termination of the employment relationship.
In this Data Privacy Statement, we use, inter alia, the following terms:
a) Patient data
Patient data are the data of patients required by labor team w ag to provide a service in the field of laboratory medicine or data of patients transferred to labor team w ag by a physician. As a rule, only the patient data necessary for the provision of the laboratory service, such as surname, first name, gender, date of birth, etc., the attending physician, analyses, findings, as well as analyses and results that have been prepared by means of point-of-care-testing (POCT) are collected. The attending physicians, hospitals and clinics ensure that the patient concerned has been adequately informed and has expressly consented in advance and voluntarily to the processing of his or her patient data by labor team w ag for the provision of the services claimed.
b) Personal data
Personal data means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
c) Data subject
A data subject is any identified or identifiable natural person, whose personal data are processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission,dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
e) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
h) Controller or controller responsible for the processing
The controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
The processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular enquiry shall not be regarded as recipients.
k) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
The consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
3 Name and address of the controller
If you have any questions, comments or requests regarding this Data Privacy Statement or our processing of personal data, please contact our data protection officer directly.
labor team w ag
Data protection officer +41 71 844 4545
Cookies allow us, as previously mentioned, to recognise our website users. The purpose of this recognition is to make it easier for users to utilise our website.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
5 Collection of general data and information
The website of labor team w ag collects a series of general data and information when a data subject or automated system calls up the website. This is information collected by session cookies or automatically transmitted by the Internet browser.
These general data and details can be stored in the server log files.
The website of labor team w ag collects a series of general data and information/details when a data subject or automated system calls up the website. These general data and information/details are stored in the server log files. Collected may be (1) the browser types used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (known as referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar device-specific information that we process in our legitimate interests pursuant to Art. 6(1) f GDPR in order to establish a connection and to use the website.
When using these general data and information/details, labor team w ag does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertising, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. Therefore, labor team w ag analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
6 Contact possibility via the website
The website of labor team w ag contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of what is known as electronic mail (e-mail address). If you contact us by e-mail or via a contact form, the personal data you transmit are automatically stored. We do not pass on these data without your consent.
7 Storage and disclosure of personal data
In principle, data will not be passed on to third parties unless the data subject has given his or her consent, there is a legal obligation or it is necessary for the provision of the service or the execution of the contract. The attending physicians, hospitals and clinics ensure that the express consent to disclosure is obtained in advance from the data subject.
Unless otherwise agreed in writing and legally required for a longer period, all findings, order forms and examination materials shall be stored and retained for as long as is necessary or legally required for us to provide the service.
8 SSL encryption
This website uses SSL encryption for security reasons and to protect the transmission of confidential content such as queries that are transmitted to us. If SSL encryption is activated, data that are transmitted to us cannot be read by third parties. You can recognise an encrypted connection by the fact that the address line of the browser changes from ‘http://’ to ‘https://’ and by the padlock symbol shown in your browser’s address line.
9 Use of Google Analytics
We have activated the IP anonymisation function on this website. This will cause Google to shorten your IP address within member states of the European Union or other signatory states to the Agreement before it transmits it to the United States. In exceptional cases only will the full IP address be transmitted to a Google server in the USA and shortened there.
10 Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period required to achieve the purpose of storage, or as far as it is provided for by the European legislator or other legislators in directives, laws or regulations which the controller is subject to.
11 Rights of the data subject
The data subject is generally entitled to the rights of information, rectification, erasure, restriction, data portability and opposition. If a data subject wishes to exercise his or her rights, he or she can contact the data protection officer at any time.
You can also lodge a complaint about our processing of your personal data with the Federal Data Protection and Information Commissioner (FDPIC, www.edoeb.admin.ch).
a) Right of confirmation and information
Each data subject shall have the right to obtain a confirmation from the controller as to whether or not personal data concerning him or her are being processed. If this is the case, the data subject has a right of access to these personal data and to the information referred to in Article 15(1) GDPR, e.g.:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any information available as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
- Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself or herself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right (Article 16 GDPR) to obtain the rectification of inaccurate personal data concerning him or her without undue delay from the controller. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the to obtain the erasure of personal data concerning him or her without undue delay from the controller, and the controller is obliged to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
- The data subject withdraws his or her consent on which the processing was based according to Article 6(1) lit. a GDPR or Article 9(2) lit. a GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- The personal data have been unlawfully processed.
- The personal data were collected in relation to information society services offered pursuant to Article 8(1) GDPR.
However, the right to erasure does not apply if the exceptions listed in Article 17(3) GDPR are applicable, for example if the processing is necessary to fulfil a legal obligation under EU law or Swiss law (e.g. legal storage obligations) or to assert, exercise or defend legal claims.
e) Right of restriction of processing
Each data subject shall have the right to obtain restriction of processing from the controller where one of the following conditions applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject
f) Right to data portability
Each data subject shall have the right to receive the personal data concerning him or her, which he or she provided to labor team w ag, in a structured, commonly used and machine-readable format. Furthermore, he or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Article 6(1) GDPR lit. a or Article 9(2) lit. a GDPR, or on a contract pursuant to Article 6(1) lit. b GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
g) Right to object
Each data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her, which is based on Article 6(1) lit. e or f GDPR. This also applies to profiling based on these provisions.
labor team w ag shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
According to Article 21(2) GDPR, a data subject shall have the right to object to the processing of his or her personal data if the processing of personal data is carried out for the purpose of direct advertising or by means of automated decision making (profiling). These can be objected to at any time without stating reasons.
Data processing by the laboratory is not carried out if the data subject has an overriding interest in protection.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by the law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, labor team w ag shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
As a responsible company, we refrain from profiling.
i) Right to withdraw a data protection consent
Each data subject shall have the right to withdraw his or her consent to the processing of his or her personal data at any time.
12 Data protection for applications and application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be erased after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to erasure.
13 Legal basis for processing
Article 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of enquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Article 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Article 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
14 Legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR, our legitimate interest is to carry out our business in favour of the well-being of all our employees.
15 Changes to our Data Privacy Statement
We reserve the right to adapt and update this Data Privacy Statement in order to comply with current legal requirements or to appropriately reflect or implement changes to our services in the Data Privacy Statement. When you visit our website or use our services, the then current version of the Data Privacy Statement shall apply.
© labor team w ag 29.03.2019