Insperia

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GDPR

We are dedicated to protect the confidentiality and privacy of any personal information you entrusted to us. We comply with applicable data protection regulations including in particular the Swiss Federal Act on Data Protection (hereinafter FADP) as well as the General Data Protection Regulation no. 2016/679 (hereinafter “GDPR”). Please read this privacy policy to learn about personal information we collect, how we use and protect it and how your rights are protected in this case.

Content

1. Scope.
2. Who can you contact for questions or concerns regarding your personal data?
3. How do we collect personal data?
4. What categories of personal data do we collect?
5. What are the legal purposes for processing your personal data?
6. To whom we share your personal data?
7. Do we transfer your personal data outside the EU?
8. Where do we store your personal data?
9. What are your data protection rights?
10. Policy review

1. Scope

This privacy policy applies to SUEK AG, registered in Switzerland, and all its subsidiaries and offices globally (together “Company”, “we” or “us”).

2. Who can you contact for questions or concerns regarding your personal data?

If you have any questions or comments about this privacy policy or how we handle personal data or you wish to exercise your rights, please direct your questions/requests to the data protection officer:

SUEK AG
Wassergasse 7,
9000 St.Gallen, Switzerland
dpo@suekplc.com
Compliance@suekag.com

3. How do we collect personal data?

We obtain personal data directly from the data subjects in a variety of ways, including obtaining personal data from individuals who provide us their business card, exchange e-mail with us during contract negotiation and establishing a business relationship, visit our offices or apply for open positions.

4. What categories of personal data do we collect?

We may obtain the following categories of personal data about individuals through direct interactions with us.
The following personal data is generally collected by the Company:

  • personal data of our employees and candidates (regardless the country of citizenship) collected before or at the time of conclusion or during performance of employment agreements, Personal Data of members of Board of Directors of the Company and members of other internal body corporates
  • personal data of our employees their spouses and children (regardless the country of citizenship) collected during application to or performance of medical insurance agreements / other insurance programs provided by the Company (including without limitations)
  • personal data of data subject(s) being coal buyers (either self-employed or individuals), contact persons indicated by coal buyers, or their representatives, collected and processed by us before or at the time of conclusion or during performance of the commercial contracts (including without limitations)
  • personal data (such as name, e-mail address, and phone number etc.) collected within ordinary exchange of e-mails and other written communication between the Employees of the Company and Data Subject(s) (individuals from the EU, including EU citizens)
  • Financial information (e.g., taxes, payroll, investment interests, pensions, assets, bank details, insolvency records).

5. What are the legal purposes for processing your personal data?

Your personal data will be processed by us:

  • for the purpose of sending you commercial offers for from the Company under art. 6(1)(a) GDPR (consent to processing personal data) and for archival purposes (evidence) within the pursue of legitimate interests of the Company, if it becomes legally necessary to prove facts, e.g. within a dispute or claim, if any (art. 6(1)(f) GDPR).
  • for the purpose of verification of your identity in the course of KYC (Know Your Customer) procedures before, at the time of conclusion or during performance of a Contract concluded / to be concluded with your employer (hereinafter “Contract”), e. based on Article 6(1)(b) GDPR (necessity to process the data in order to perform a contract with me) and Article 6(1)(f) GDPR (legitimate interest of the Company – data Controller);
  • for the purpose of performance by the Company of tax related obligations pursuant to applicable legislation i.e. based on Article 6(1)(f) GDPR (legitimate interest of the Company – data Controller);
  • for archival purposes (evidence) within the pursue of legitimate interests of the Company, if it becomes legally necessary to prove facts, e.g. within a dispute or claim, i.e. based on Article 6(1)(f) GDPR (legitimate interest of the Company – data Controller).

6. To whom we share your personal data?

We may share personal data with trusted third parties. These recipients are contractually bound to safeguard the data we entrust to them. We may engage with several or all of the following categories of recipients:

6.1. Members of SUEK Group companies:

  • SUEK AG with its registered office in Switzerland at the following address: Wassergasse 7, 9000 St.Gallen ;
  • SUEK LTD with its registered office in Cyprus, at the following address: 3, Georgiou Katsounotou, Kitallides Building, 3rd Floor, 3036, Limassol;
  • SUEK JSC with its registered office in Russia at the following address: 53/7, Dubininskaya str, Moscow, 115054;
  • SUEK Polska with its registered office in Gdańsk at the following address: Arkońska Str. 6, 80-837 Gdańsk;
  • UAB SUEK  Baltic with its registered office in Vilnius, Lithuania at the following address: Vilnius city municipality, Vilnius city, Konstitucijos pr. 7;
  • SUEK Logistic GmbH with its registered office in Switzerland at the following address: Wassergasse 7, 9000 St.Gallen, Switzerland.

Your personal data may be further processed by the legal entities indicated in clause 6.1 herein, for the purposes of the legitimate interest of the companies belonging to the SUEK Group (Article 6(1)(f) GDPR), solely for internal administrative purposes i.e. creating and effectively operating a unified information system that contributes to the speed and quality of management decisions, automation of information and analytical activities in the business processes of the SUEK group of companies, including:

  • coordination and registration of business objects (contractors, transactions, contracts, obligations, shipments, etc.);
  • planning the execution of contractual obligations;
  • forecast and management of the flow and stock of goods;
  • forecast and management of the volume of services (maritime, port, warehousing logistics);
  • building analytical reports for users of all levels;
  • analysis of the state of markets;
  • automation of control procedures.

6.2 Other potential recipients:

  • services providers that while having access to your personal data rendering services for the SUEK group companies (e.g. providers of telecommunication systems, mailroom support, IT system support, archiving services, document production services and cloud-based software services, scanning services).
  • Our professional advisers, including lawyers, auditors and insurers.
  • Payment services providers.
  • Law enforcement or other government and regulatory agencies or other third parties as required by, and in accordance with, applicable law or regulation.
  • Recruitment service providers.

7. Do we transfer your personal data outside the EU?

Your Personal Data may be transferred to a third country, namely to Switzerland and Russia, in which case Your Personal Data will be protected in third Countries as follows:

Switzerland

With respect to Switzerland, the European Commission has confirmed the adequate level of data protection under the Decision of 26 July 2000 No. 2000/518/WE.

Russia

Russia has not been confirmed by the European Commission as having the adequate level of data protection. However, the Personal Data transfer from the Company to SUEK JSC  will be documented in a form of Data Processing Agreement to include all elements required by GDPR as well as to include a standard contractual clauses for the transfer of personal data to controllers established in third countries recommended under Directive 95/46/EC of the European Parliament and of the Council. In addition, the Company guarantees that Data Processing Agreement with SUEK JSC shall include the obligation(s) of SUEK JSC to have the standard organizational and technical measures (such as: internal data protection systems and controls, IT security policies,  pseudonymization or personal data encoding, physical protections of the IT system (e.g. passwords, firewalls), and securing access to premises where servers are located in Russia). The complex of above-mentioned measures will provide an adequate level  of protection of  the Personal Data from leakage and abuse of the Personal Data as required by GDPR.

8. Where do we store your personal data?

Your personal data will be stored until the lapse of statute of limitations with regard to (i) the claims or my employer/the entity I represent may raise towards us or other controllers or (ii) the claims we may have towards you or your employer/the entity you represent, in particular related to the payments under the agreement with us.

Your Personal Data will be stored by us at the  designated and secured personal data storage located at the addresses indicated in clause 6.1 herein.

9. What are your data protection rights?

If we processes your personal data, you have the rights listed below. Before responding to your request, we may ask for proof of identity. This helps us to ensure that personal data is not disclosed to any person who has no right to receive it. We may also ask you for sufficient information about your interactions with us so that we can locate your personal information.

  • Access – You can ask us to verify whether we are processing personal data about you, and if so, to provide more specific information.
  • Correction – You can ask us to correct our records if you believe they contain incorrect or incomplete information about you.
  • Erasure – You can ask us to erase (delete) your personal data after you withdraw your consent to processing or when we no longer need it for the purpose it was originally collected and no retention requirements exist
  • Processing restrictions– You can ask us to temporarily restrict our processing of your personal data if you contest the accuracy of your personal data, prefer to restrict its use rather than having us erase it.
  • Data portability– In some circumstances, where you have provided personal data to us, you can ask us to transmit that personal data in electronic form if technically feasible.
  • Automated Individual Decision-making– You can ask us to review any decisions made about you which we made solely based on automated processing, including profiling, that produced legal effects concerning you or which significantly affected you.
  • Right to Object to Marketing including Profiling– You can object to our use of your personal data for marketing purposes, including profiling. We may need to keep some minimal information to comply with your request to cease marketing to you.
  • Right to Object to Active Sourcing– You can object to our use of your personal data for active sourcing purposes. We may need to keep some minimal information to comply with your request to cease recruiting activities
  • Right to Withdraw Consent– You can withdraw your consent that you have previously given to one or more specified purposes of processing your personal data. This will not affect the lawfulness of any processing carried out before you withdraw your consent. It may mean we are not able to provide certain products or services to you and we will advise you if this is the case.

To submit a data request please direct your correspondence to:

SUEK AG 
Wassergasse 7,
9000 St.Gallen, Switzerland
dpo@suekplc.com
Compliance@suekag.com

We aim to respond within 30 days from the date we receive privacy-related communications.

10. Policy review.

We regularly review this Privacy Policy and will post any updates to it on this web page. This Privacy Policy was last updated on 13 November, 2018.