Legal notice

Company:

CANWAY Holdings Ltd.

UID No.:

CHE-112.736.812

Address:

Wehntalerstrasse 6, CH-8154 Oberglatt/Zürich

Phone:

+41 (0) 43 543 33 82

Email:contact@canway.com

Managing Director:

Thomas Bär

Legal disclaimer

The contents of the webpages published under www.canway.com were prepared with utmost care. Nonetheless, we cannot assume liability for the timeless accuracy and completeness of the information.

Our website contains links to external websites. As the contents of these third-party websites are beyond our control, we cannot accept liability for them. Responsibility for the contents of the linked pages is always held by the provider or operator of the pages.

Copyright

The contents and works created by the site operators on these pages are subject to applicable copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.

Product legality

Any products presented on this website do not constitute a direct offer for sale. Our products are specifically developed to be compliant with laws in regulations in different markets and jurisdictions. Some products may not be available or compliant in all jurisdictions or may be subject to special licenses. Anyone interested in a particular product should contact the indicated CANWAY entity or representant to determine whether the product is available in their jurisdiction and to request a copy of the applicable policy or prospectus for a complete description of the product.

Data Protection Policy of CANWAY Holdings Ltd.

In this Data Protection Policy we, CANWAY Holdings Ltd. and companies of the CANWAY Group (hereinafter together CANWAY, we or us), describe how we collect and process personal data. This is not an exhaustive description; where appropriate, other data protection policies or general terms and conditions, conditions of participation and similar regulations may apply to specific circumstances. The term “personal data” is here deemed to include all information referring to an identified or identifiable person.

If you provide us with personal data of other persons (e.g. family members or work colleagues), please make sure that these persons are aware of this Data Protection Policy, and provide us with their personal data only if you are allowed to do so and such personal data is correct.

This Data Protection Policy is in line with the Swiss Federal Act on Data Protection Act (FADP) and the EU General Data Protection Regulation (GDPR). Although the GDPR is a European Union regulation, it is relevant for us and companies outside the European Union and the EEA must also comply with the GDPR in certain cases.

1. Controller / Data Protection Officer / Representative

Unless specifically otherwise indicated, CANWAY Holdings Ltd., Wehntalerstrasse 6, 8154 Oberglatt, Switzerland is the “controller” of data processing carried out by us. If you have data protection related concerns, you can inform us regarding all companies of the CANWAY Group using the following contact details: CANWAY Holdings Ltd., Datenschutzbeauftragter (Data Protection Officer), Wehntalerstrasse 6, 8154 Oberglatt, Switzerland, Tel.: +41 43 543 33 82, E-Mail: contact@canway.com, Website: www.canway.com (these are also the contact details of our Data Protection Officer in accordance with Art. 37 GDPR).

Our data protection representative in the EU to be addressed in accordance with Art. 27 GDPR by supervisory authorities and data subjects for all matters in connection with EU data protection legislation is: CANWAY Logistics GmbH, Petermühlweg 15d, 8073 Feldkirchen bei Graz, Austria, contact@canway.com.

2. Collection and Processing of Personal Data

We primarily process personal data (such as name, address, account numbers, etc.) that we obtain from our clients and other business partners as well as other individuals in the context of our business relationship with them or that we collect from users when operating our websites, apps and other applications.

To such a degree as it is permitted to us, we may also obtain certain data from publicly accessible sources (e.g. commercial registers, press, internet) or we may receive such information from affiliated companies of CANWAY, from the authorities or other third parties, such as the providers of background checks. Insofar as these third parties are themselves wholly or partly responsible for the processing of these data, their data protection regulations apply additionally.

Apart from data you provided to us directly, the categories of personal data that we 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 with your assistance), information about you in correspondence and discussions with third parties, credit rating information (where we conduct business activities with you personally), information about you given to us 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 address for deliveries, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our 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 a job applications, marketing/sales, etc.), your addresses and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of the website (e.g. IP address, MAC address of your smartphone or computers, information about your device and settings, cookies, date and time of your visit, site and content retrieved, applications used, referring website, localisation data).

3. Purpose of Data Processing and Legal Grounds

We primarily use the collected personal data to conclude and process contracts with our clients and business partners as well as in order to comply with our domestic and foreign legal obligations. You may of course also be affected by our data processing in your capacity as an employee of such a client or business partner.

Furthermore, we also process your personal data and personal data of third parties, where permitted and advisable, in our opinion for the following purposes, which are in our (or, as the case may be, any third parties’) legitimate interest, such as:

providing and developing our products, services and websites, apps and other platforms on which we are active;
communication with third parties and processing of their requests (e.g. job applications, media enquiries);review and optimisation 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 organising events), provided you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will then put you on a list barring further advertising material being sent);
media surveillance;
asserting legal claims and defence in connection with legal disputes and official proceedings;
carrying out background checks and screening activities in relation to the client and the relevant persons as part of the performance of a contract;
prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
ensuring our operation, including our IT, our websites, apps and other platforms;
video surveillance to protect our domiciliary rights and other measures to ensure the safety of our IT, building and investment security, and for the protection of our employees and other persons and valuables entrusted to us (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 associated transfer of personal data as well as measures for business management and compliance with national and international statutory and regulatory obligations as well as internal CANWAY regulations.

If you have given us your consent to process your personal data for certain purposes (for example when registering for the receipt of newsletters), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect any data processing already carried out.

4. Cookies / Tracking and other Techniques Regarding the Use of Our Website

For information relating to data processing via our website, please refer to our online data protection policy.

5. Datatransfer and Transfer of Data Abroad

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

our service providers (within CANWAY, or externally, e.g. banks, insurance companies), including processors (e.g. IT providers);
registered agents in countries in which they are prescribed by law, provided we are supporting you at your request in the country in question in connection with the incorporation and/or administration of a company;
dealers, suppliers, sub-contractors and other business partners;
clients;
domestic and foreign authorities, government office or courts;
the media;
the public, including users of our websites and social media;
competitors, industry organisations, associations, organisations and other bodies;
acquirers or parties interested in the acquisition of business divisions, companies or other parts of CANWAY;
other parties in possible or actual legal proceedings;
other companies in the CANWAY group;

all together Recipients.

Certain Recipients may be within Switzerland but can be anywhere in the world. In particular, you must anticipate your data to be transferred to all countries in which CANWAY is represented by affiliates, branches or other offices, as well as in other countries in Europe and the USA where we are acting on your behalf or where our service providers are located. If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as legally required by using appropriate contracts (in particular based on the “standard contractual clauses” of the European Commission, which can be accessed at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en ) or binding corporate rules or we rely on the statutory exceptions of consent, performance of the contract, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data, or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the mentioned contractual guarantees at any time from the contact person named in Section 1 above, if they are not available under the above-mentioned link. However, we reserve the right to redact copies for data protection reasons or reasons of secrecy or to provide excerpts only.

We are entitled to transfer your data to a country that does not have adequate legal data protection without implementing one of the above mentioned measures if the transfer of the data is necessary for the conclusion or fulfilment of a contract between you and us, or for the implementation of pre-contractual measures at your request. We are likewise entitled to transfer your data to a country that does not have adequate legal data protection without implementing the above mentioned measures if this is necessary for the conclusion or fulfilment of a contract between us and an individual or legal entity that is in your interest. Where data of third parties, such as e.g. family members, has to be transferred in the above-mentioned cases, you are responsible for obtaining any consent required from these third parties.

6. Retention Periods for your Personal Data

We process and retain your personal data as long as required for the performance of our contractual and national and international legal obligations or for 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. It is thus possible that personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so, or if legitimate business interests require further retention (e.g. for evidential and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymised, to the extent possible.

In this Data Protection Policy we, CANWAY AG and companies of the CANWAY Group (hereinafter together CANWAY, we or us), describe how we collect and process personal data. This is not an exhaustive description; where appropriate, other data protection policies or general terms and conditions, conditions of participation and similar regulations may apply to specific circumstances. The term “personal data” is here deemed to include all information referring to an identified or identifiable person.

7. Data Security

We have taken appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse such as issuing instructions, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, inspections.

8. Obligation to Provide Personal Data to Us

In the context of our business relationship you must provide us with any personal data that are necessary for the commencement and carrying out of a business relationship and the performance of the contractual obligations relating to it. Without this data, we will usually not be in a position to enter into or conclude a contract with you (or the office or person that you represent). In addition, the website cannot be used unless certain information to ensure data traffic (e.g. IP address) is disclosed. Where you provide third party data to us which we have to process on your behalf for the conclusion or performance of the contract with you, you bear the responsibility for the existence of an adequate legal basis.

9. No Automated Decision Making

In establishing and carrying out a business relationship, and also in other situations, we generally do not use any fully automated individual decision-making (such as pursuant to Art. 22 GDPR). Should we use such procedures in certain cases, we will inform you separately about this and advise you of your rights in this connection.

10. Your Rights

In accordance with the data protection law applicable to you and as envisaged therein (as in the case of the GDPR), you have the right to information, rectification, erasure, the right to restriction of processing or to object to our data processing, as well as the right to receive certain personal data for transfer to another controller (data portability). Please note however that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest in it (insofar as we are permitted to invoke such interest) or need the data for asserting claims. Should you incur costs in exercising such rights, we will notify you thereof in advance. We have already informed you of your right to withdraw consent in Section 3 above. Please note that exercising these rights may come into conflict with contractual agreements and this may have consequences such as the premature termination of the contract or cost implications. If this is the case we will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires you to clearly prove your identity (e.g. by means of a copy of an identity document, where your identity is otherwise not clear, or cannot be verified in another way). In order to assert these rights, you can contact us at the address given in Section 1.

Furthermore, every data subject has the right to enforce his/her rights through the courts 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 (http://www.edoeb.admin.ch).

11. Amendments of this Data Protection Policy

We may amend this Data Protection Policy at any time without prior notice. The currently valid version is published on our website. If the Data Protection Policy is part of an agreement with you, we will notify you by e-mail or other appropriate method in case of an amendment.