Data Privacy

Stand 01.09.2023

GENERAL

The responsible and legally compliant handling of personal data is of great concern to Oniko AG (hereinafter "Oniko AG"; "we"; "us").

The data protection declaration (hereinafter "DPA") shows you which personal data is used by Oniko AG, for what purpose it is processed or with whom it is shared when you apply for a job at Oniko AG and you are hired or placed by Oniko AG or you visit the Oniko AG website at www.oniko.ch.

If you are an existing or potential customer of Oniko AG, for whom Oniko AG hires out employees or places candidates, this DSE shows you which personal data is processed by you as a customer.

For the purposes of this DSE, the term "personal data" refers to all information relating to an identified or identifiable natural person.

If you submit your personal data to Oniko AG as a job seeker or job applicant, your personal data will be forwarded to potential employers and companies for the purpose of hiring or placing you. After a successful placement or loan, your personal data will be used to settle the placement with the customer or, in the case of a loan to an employment agency, to prepare your payslip, to pay the statutory social security contributions, to settle any withholding taxes and to use your data for all other purposes in connection with the loan or placement.

If you submit your personal data as a customer to Oniko AG, your personal data will be used to offer brokerage or rental services to you as the contact or responsible person / manager of your company and to bill you for such services.

Oniko AG guarantees that all personal data will be used strictly confidentially and exclusively for the agreed purpose in accordance with or if there is another legal basis within the meaning of the applicable data protection laws. To this end, Oniko AG takes a variety of technical and organizational measures.

RESPONSIBLE BODY

The entity responsible for data processing is Oniko AG, based in 5430 Wettingen. It can be contacted for data protection concerns via the address Oniko AG, Tägerhardstrasse 119a, in 5430 Wettingen or via the e-mail address admin@oniko.ch.

WHAT TYPES OF PERSONAL DATA ARE COLLECTED?

The following personal data is usually collected if you apply to Oniko AG for a job and are successfully hired or placed by Oniko AG or if you visit the Oniko AG website.

The following categories of data are stored about applicants, such as:

Master data (e.g. name, postal address, e-mail, telephone number);
Work) preferences (e.g. occupational field, form of employment);
Education (training certificates), professional experience, knowledge;
Application data (e.g. certificates, references, CV, photo).

The following categories of data are stored about employees, such as:

Master data (e.g. name, postal address, e-mail, telephone number);
(Work) preferences (e.g. occupational field, form of employment) Education, work experience, knowledge;
Education (training certificates), professional experience, knowledge;
Application data (e.g. certificates, CV, photo);
Nationality, information on official authorization to take up employment in Switzerland;
Extended employee data for personnel administration (working hours, vacation, accident and sickness reports, salary data, bank data, AHV number, civil status, number of children, etc.).

The following categories of data about customers are processed, e.g:

Inventory data (e.g. customer master data, such as name or address), contact data (e.g. e-mail, telephone numbers) and other personal data, which may be part of the following data, such as content data (e.g. text entries, etc.), contract data and payment data (e.g. bank documents). The data subjects include our customers, interested parties and their customers, users, website visitors or employees as well as third parties.

When you visit our website, website usage data is also processed, for example:

IP address, name of the retrieved file, date and time of retrieval, amount of data transferred, notification of successful retrieval, web browser and requesting domain.

PURPOSES OF PROCESSING AND LEGAL BASIS

Oniko AG processes personal data on the basis of Art. 328b of the Swiss Code of Obligations (OR) and in accordance with Art. 7 para. 3 and Art. 18 para. 3 of the Employment Services Act (AVG), insofar and as long as this is necessary for placement and lending activities.

Oniko AG processes your personal data in order to conclude and process contracts with you and with business partners or employment companies (in the case of the GDPR: Art. 6 para. 1 let. b GDPR - "for the performance of a contract"),

to establish and process an employment relationship in personnel leasing for assignments in deployment companies, an internal employment relationship with Oniko AG or for the placement of a permanent position with customers of Oniko AG;
for the agreement of rental or placement contracts with you as a customer and to settle the fees with you;
to identify you as our employee or customer;
to conduct the necessary correspondence with you and to answer your inquiries;
to process your application with a view to possible employment and to carry out the application process with you and, if you give us your express consent, to obtain references and expert opinions from third parties;
to assess your suitability and qualifications as a potential candidate.

The processing of personal data takes place because we have to comply with legal requirements (in the case of the GDPR: Art. 6 para. 1 let. c GDPR: "for compliance with a legal obligation"),

to comply with relevant laws or official requirements (e.g. payment of social security contributions, reporting of withholding tax, etc.);
to comply with any statutory retention obligations, e.g. the 10-year retention period for accounting records and the relevant supporting documents, which may also include your payslips (Art. 958f CO).

We process your personal data for certain purposes if you have given us your consent to do so (in the case of the GDPR: Art. 6 para. 1 let. a GDPR: "Consent"),

so that we may pass on data about you as a job seeker, job applicant or employee and vacancies to other business branches, if necessary also beyond national borders (Art. 19 para. 1 lit. a. and c. AVV, 47 para. 1 lit. a. and c. AVV);
so that we can obtain expert opinions and references about you (Art. 19 para. 1 lit. b AVV, 47 para. 1 lit. b AVV);
so that we can send you newsletters or carry out background checks as our customer (e.g. credit checks).

We process your personal data within the scope of and based on this consent, unless we have another legal basis and require one.

Consent that has been given can be revoked at any time, but this has no effect on data processing that has already taken place.

In addition, we also process personal data of you and other persons for the following purposes, where permitted and where we deem it appropriate, in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose (in the case of the GDPR: Art. 6 para. 1 let. f GDPR: "Safeguarding the legitimate interests of the controller or a third party"),

to respond to requests from a court or public authority, to assert, exercise or defend legal claims;
for the prevention and investigation of criminal offenses, abuses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
to offer you as a customer tailored advertising or marketing measures, including the creation of personalization and profiling, unless you have objected to this use;
to evaluate website access statistics and to continuously improve the functionality of our website, our operations, in particular IT. For more information, please refer to the section "Cookies" ff.

RECIPIENT OF THE PERSONAL DATA

Within the scope of our business activities and purposes, we also disclose data to third parties to the extent permitted and deemed appropriate, either because they process it for us or because they wish to use it for their own purposes. This applies in particular to the following parties:

Group companies,
Service companies, e.g. banks and asset management companies,
Authorities, state institutions such as social insurance institutions, unemployment offices, unemployment and compensation funds, SUVA and courts;
mandated payroll processing companies, pension funds and insurance companies (daily sickness benefits, accident insurance);
professional advisors, e.g. tax consultants, lawyers, auditors, authorized representatives and agents;
service providers, suppliers and auxiliary persons, including order processors with whom we have concluded a contract for order processing (e.g. hosting providers, IT service providers, cloud services, etc.).

COOKIES / TRACKING AND OTHER TECHNOLOGIES IN CONNECTION WITH THE USE OF OUR WEBSITE

We typically use "cookies" and similar technologies on our websites to identify your browser or device.

A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website. This enables us to recognize you when you visit this website again, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your website visit ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ("permanent cookies").

However, you can set your browser so that it rejects cookies, only saves them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies.

We use permanent cookies to save your user settings (e.g. language, autologin) so that we can better understand how you use our offers and content and so that we can show you offers and advertising tailored to you (which can also happen on websites of other companies; however, we do not tell them who you are, if we know this at all, because they only see that the same user is on their website who was also on a certain page on our website). Some of the cookies are set by us, some are also set by contractual partners with whom we work.

If you block cookies, certain functions (e.g. language selection, shopping cart, ordering processes) may no longer work.

To find out more about how you can control cookie settings via your browser, find out more about "Private browsing", "Incognito" or "InPrivate" under the settings of the browser you are using in Firefox, Chrome, Microsoft Edge or Safari.

In some of our newsletters and other marketing emails, we also incorporate visible and invisible image elements, where permitted, which we can retrieve from our servers to determine whether and when you have opened the email so that we can measure and better understand how you use our offers and tailor them to you.

You can block this in your e-mail program; most e-mail programs are preset to do this. By using our website and agreeing to receive newsletters and other marketing e-mails, you consent to the use of these techniques. If you do not want this, you must set your browser or e-mail program accordingly.

USE OF THIRD-PARTY SOFTWARE AND PLUG-INS

Google Analytics

We sometimes use Google Analytics or similar services on our website. This is a service provided by third parties, which may be located in any country in the world (in the case of Google Analytics, it is Google Ireland (based in Ireland), Google Ireland relies on Google LLC (based in the USA) as a processor (both "Google", www.google.com, with which we can measure and evaluate the use of the website (not personalized). Permanent cookies are also used for this purpose, which are set by the service provider. We have configured the service so that the IP addresses of visitors to Google in Europe are truncated before being forwarded to the USA and therefore cannot be traced. We have switched off the "Data transfer" and "Signals" settings. Although we can assume that the information we share with Google is not personal data for Google, it is possible that Google can use this data for its own purposes to draw conclusions about the identity of visitors, create personal profiles and link this data to the Google accounts of these persons. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection provisions. The service provider only informs us how our respective website is used (no information about you personally).

Google Maps

This website uses the product Google Maps from Google Inc. By using this website, you consent to the collection, processing and use of the automatically collected data by Google Inc, its representatives and third parties. The terms of use of Google Maps can be found under the following link: Terms of use of Google Maps.

Note on social media plug-ins

We use plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest and Instagram on our website. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from them.

NEWSLETTER INFORMATION

When you register for our newsletter, we will immediately send an e-mail containing a hyperlink to the e-mail address you have provided. By clicking on this link, you confirm your newsletter registration (double opt-in procedure). If you do not confirm your registration within 30 days, we will delete the e-mail address from our temporary list and no registration will have taken place.

By confirming your newsletter registration, you consent to the storage of your e-mail address, including the date of registration. We only use your personal data for the administration and sending of the newsletter you have requested. Each newsletter also contains a note on how you can unsubscribe from the newsletter.

You can block this in your e-mail program; most e-mail programs are set up to do this by default.

G R EGIONAL PROCESSING

The recipients of the personal data may be located in Switzerland or abroad. Please note that we may exchange personal data within our group companies or transfer it to countries in which service companies from which we obtain services are based (e.g. software suppliers, IT service providers, cloud service providers, legal advisors/lawyers and authorities, official bodies or courts).

If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection (we use the revised standard contractual clauses of the European Commission, which are available here: https://eur-lex.europa.eu/eli/...?, unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exemption clause.

An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the execution of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

PROFILING AND AUTOMATED DECISION MAKING

We process your personal data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to provide you with targeted information and advice about products. In doing so, we use evaluation tools that enable us to provide needs-based communication and advertising, including market and opinion research.

As a matter of principle, we do not use fully automated decision-making (as regulated in Art. 22 GDPR) for the establishment and implementation of the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you of this separately if this is required by law and inform you of the associated rights.

RIGHTS OF THE DATA SUBJECT

You have the right to information, correction, deletion and the right to restrict data processing within the scope of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR). Furthermore, you have the right to object to our data processing, in particular for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing. You also have the right to the disclosure of certain personal data for the purpose of transfer to another body (so-called data portability).

Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance.

We have already informed you about the possibility of withdrawing your consent in the paragraph above. You can do this at any time by sending us a message by post to Oniko AG, Tägerhardstrasse 119a, 5430 Wettingen or by e-mail to admin@oniko.ch and informing us of your objection.

Please note that the exercise of your rights may conflict with contractual agreements and this may have consequences such as premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address provided.

Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edo...).

STORAGE PERIOD AND DELETION OF PERSONAL DATA

Oniko AG shall only process personal data for as long as it is still required for the purpose of processing for which it was obtained. Personal data will therefore be destroyed or anonymized as soon as this is not the case or no legal, contractual or legitimate interest-based retention period prevents the destruction or anonymization of the data.

Employment contract data that is used to prepare an employment reference is retained for ten years from the date on which the employee leaves the company (Art. 127 CO).

Further retention periods may arise from the legitimate interest of the employer or lender/intermediary, e.g. if documents have to be handed over to the audit authority during a payroll audit in order to demonstrate compliance with the provisions of the applicable collective employment agreement.

Applicant data/dossiers of potential candidates are stored for a certain period of time so that they can be used for applications for possible assignments/employment companies; they are then deleted.

Oniko AG generally stores business data and accounting documents, including, for example, your payslips, for ten years (Art. 958 f OR), which is why personal data can also be processed and stored in connection with this retention period.

In addition, personal data may be retained until the end of any legal disputes in which the data is required as evidence.

DATA SECURITY

Oniko AG applies suitable technical and organizational security measures, such as IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, in order to protect your data against unauthorized access, accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and processes in accordance with the principle of "data protection through technology" and "data protection through data protection-friendly default settings".

Notwithstanding this, we would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection against access by third parties is not possible.

When you visit our website, we use the widespread SSL/TLS method in conjunction with the highest level of encryption supported by your browser. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the address bar of your browser.

DATA PROTECTION OFFICER

For all aspects relating to personal data, you can contact our data protection officer: admin@oniko.ch

CHANGES

Oniko AG may amend this DPA at any time. The current version published on the website of Oniko AG at oniko.ch/impressum-datenschutz applies in each case