Privacy Policy

This Privacy Policy informs you about how we, Gübelin AG and its parent and sister companies (hereinafter referred to as the “Gübelin Group”, “we”, “us”), collect and otherwise process your personal data (hereinafter also referred to as “data” or “personal data”) in connection with the processing activities described below and in other ways. This Privacy Policy applies to all websites or apps (hereinafter referred to as “Gübelin website”, “our website”) that are under the control of the Gübelin Group and link to this Privacy Policy.

If you provide us with personal data of other persons (e.g. data of family members, acquaintances, friends), we assume that you are authorised to do so and that the data is correct. By submitting data about other persons, you confirm this. Please ensure that the other persons are informed about this Privacy Policy.

We are committed to handling your personal data responsibly. This Privacy Policy is designed to meet the requirements of Swiss data protection law. With regard to the personal data of users from Europe, we will also comply with the provisions of the EU General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 insofar as we are legally obliged to do so. Whether and to what extent these laws are applicable depends on the individual case.

In particular, this Privacy Policy provides you with information about:

• Which of your personal data we collect and process and for what purpose (section 1).
• Which cookies/tracking and other technologies we use (section 2).
• The legal basis on which we process your data (section 3).
• How long we process your personal data (section 4).
• Who we disclose your personal data to (section 5, 6).
• How we protect your data (section 7).
• What rights you have with regard to your personal data (section 8).
• Who is responsible for processing your data and whom you can contact if you have any questions (section 9).
• Which privacy policy applies in each case (section 10).

1. Description and scope of data processing

1.1 Visiting the website, creating log files and other electronic offers

Every time the Gübelin website is visited, the web server automatically collects data and information from the computer system of the accessing computer. In particular, the following data is collected, which is technically anonymised in each case:

• information about the browser type and the version used
• the user's operating system
• the user's Internet service provider
• the user’s IP address
• date and time of access
• the referrer URL (websites from which the user’s system reaches our website)
• websites that are accessed by the user's system via our website
• the client file request (file name and URL).

This data is stored in the log files of our system (or at third parties) together with other data and collected only for the purpose of statistical analysis and troubleshooting. This data is not stored together with other personal data of the user.

When you use other electronic services, such as our Wi-Fi network, we collect certain technical data. Technical data also includes the logs in which we record the use of our systems (log data). In some cases, we may also assign a unique identification number (an ID) to your end device (tablet, PC, smartphone, etc.). We use this data to ensure a smooth connection and convenient use of the Gübelin website and other electronic services, to analyse system security and stability and for other administrative purposes. In general, this data does not allow us to draw any conclusions about your identity. However, in the context of user accounts or registrations, it may be linked with other categories of data, and thus possibly with you.

1.2 Newsletter/Marketing

On our website, you can subscribe to a Gübelin Group newsletter, which provides you with information about new products, services, promotions, the magazine, the Gübelin Group, events, competitions and the like. When you subscribe to the newsletter in the double opt-in procedure, your personal data that you enter in the input screen will be transmitted to us and stored. Some information is also sent by Gübelin Group companies. By subscribing to the newsletter, you agree that we may process your data, that we may transmit your data to other Group companies or third parties (based abroad) (including the USA, e.g. Mailchimp for sending the newsletter), that we may track your clicking and opening behaviour, that we may compile your data and information about your use of our services – as well as any information about you that we have received from you (e.g. product preferences and interests) or from third-party sources or that has already been stored by us – in a user profile and analyse it individually in order to display tailored, relevant advertising to you, and that we may contact you directly in a given case. Where required by law, we will obtain your prior consent unless we have received your contact details as part of our services and you have not expressly opted out of receiving such marketing. You also confirm that you have read and understood our Privacy Policy. If you no longer wish to receive such mailings from us, you can unsubscribe at any time using the provided contact details. You can also cancel your subscription to a newsletter for the future at any time. There is also a cancellation link at the end of every e-mail.

Insofar as we refer to third-party websites in product information etc. and you visit those websites, the pertinent privacy policy of the respective website operator applies. Gübelin has no influence over this.

1.3 Registration

On our website, we offer users the opportunity to register by providing personal data (customer account). The data you enter in an input screen is transmitted to us and stored. By registering a customer account, you agree that we may process your data. You also confirm that you have read and understood this Privacy Policy.

If you choose to receive news/print media when or after opening your customer account (by explicitly clicking on the corresponding box), you also agree that we may use your personal data for marketing purposes, such as sending you our newsletter and/or sending you catalogues/magazines (see Section 1.2 above).

1.4 Contact form, reservation function and e-mail contacting

A contact form is available on our website, which can be used to contact us and our experts electronically. This allows us to get in touch with you and deal with your enquiry. If you use this option, the data you enter in the input screen will be transmitted to us in encrypted form (HTTPS) and stored. By submitting the contact form, you agree that we may process your data and transfer it to other Gübelin Group companies. You also confirm that you have read and understood this Privacy Policy. Depending on the type of enquiry, the answers will be provided by other Gübelin Group companies.

Alternatively, you can contact us via the provided e-mail address or using the “Reservation function” service. In this case, the personal data transmitted by you in the e-mail or the personal data entered in the input screen will be stored. The transmission path used for e-mail and the reservation function is encrypted (HTTPS) by the Gübelin Group. Other digital communication traffic (e.g. WeChat, WhatsApp) and the data itself are generally unencrypted. The risk remains with you.

No data will be passed on to third parties in this context. The data will be used only to process the conversation or for on-site consultation.

1.5 Applications

Our job vacancies are published on our website and/or external portals. Our job advertisements, your online application and your unsolicited application are made via the “Zoho Recruit” tool of our software partner Zoho Corporation Pvt. Ltd. The respective separate privacy policy stored there applies to the application process.

1.6 Chat

A chat function is activated on our website. This allows you to get in touch with us and send us documents. The data received in this way will be stored and processed by us. Communication is encrypted (HTTPS).

1.7 In the context of business relationships

We process your data that we receive as part of our business relationship with our customers, other business partners and other involved persons. This includes, in particular, contact details such as salutation, first name, surname, gender, date of birth, address, e-mail address, telephone number and other contact details, as well as communication data such as exchanged communication content from e-mails, other written correspondence, telephone conversations, video conferences, etc. and information about the type, time and place of communication.

Where permitted, we also extract data from publicly accessible sources (e.g. commercial register, media, internet, social media, etc.). In addition to data that you provide to us directly, this includes data that we receive about you from third parties (authorities, credit reports, banks, other third parties), in particular information from public registers, in connection with official and judicial proceedings, in connection with your professional functions and activities, information about you in correspondence and meetings with third parties, information that people in your ambit (e.g. family, friends, acquaintances, advisors, legal representatives, employers) give us so that we can conclude or perform contracts with or involving you (e.g. references, powers of attorney), your address and, if applicable, interests and other socio-demographic data (for marketing).

1.8 Other purposes

Other purposes include processing to safeguard other legitimate interests. These cannot be listed explicitly. They depend on the individual case.

2. Cookies/tracking and other technologies in connection with the use of our website

2.1 Use of Cookies

Cookies are small text files that are stored in the internet browser or by the internet browser on your computer system. Cookies may be necessary for the functioning of the server, to improve performance and provide additional functions. The use of cookies serves to make the use of our website more convenient, faster and more secure for you. Our interest in optimising our website is to be regarded as legitimate. The cookies have an expiry date of up to 24 months.

We use various cookies on our website and allow certain third parties to do the same. These third parties are located all over the world, including in particular in the USA. The first time you visit the Gübelin website, you will be informed about the use of cookies for analysis purposes, and a reference will be made to this Privacy Policy. Depending on the purpose of these cookies, we ask you for your consent before they are used. You can also prevent the storage of cookies in your browser settings. The procedure for controlling and deleting cookies depends on the browser you are using. You can find information on this in the help menu of your browser (usually under the keyword “Privacy”). Certain functions on the Gübelin website, services and tools are available only with the use of cookies. If cookies are blocked, you may not be able to use certain website functions, services, applications and tools.

To the extent permitted, we also incorporate visible and invisible image elements into our newsletters and other marketing e-mails in some cases. By retrieving these from our servers, we can determine whether and when you have opened the e-mail so that we can measure and better understand how you use our services and tailor them to you. You can block this in your e-mail programme; most are preset to do so.

By using our website and consenting to receive newsletters and other marketing e-mails, you agree to the use of these techniques. If you do not want this, you will have to set your browser or e-mail programme accordingly.

2.2 Google Analytics and other analysis services

On our website, we sometimes use Google Analytics, a web analysis service provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA, USA) and Google Ireland Ltd. (Google Building Gordon House, Barrow St, Dublin 4, Ireland); collectively “Google”, whereby Google Ireland Ltd. is our processor. Google Analytics uses cookies (text files) and similar technologies to collect certain information about the behaviour of individual users on or in the website in question and the device used for this purpose (tablet, PC, smartphone, etc.) and thus enable the analysis of the use of the website.

The information generated by performance cookies (see below) about your use of the website (including your IP address) is transmitted to Google servers in the USA and stored there. We have configured the service in such a way that the IP addresses of users of Google websites within Europe are shortened before being forwarded to the USA so that they cannot be traced back. In exceptional cases, the full IP address is transmitted to a Google server in the USA and shortened there. Google provides us with reports and can therefore be regarded as our processor. However, Google also processes certain data for its own purposes. Google may in some cases be able to draw conclusions about the identity of website visitors based on the data collected and therefore create personal profiles and link the obtained data with any existing Google accounts of these persons. Google may also pass this information on to third parties if this is required by law or third parties process this data on behalf of Google. If you consent to the use of Google, you explicitly consent to such processing, which also includes the transfer of personal data to the USA and other countries. Further information on data protection by Google Analytics can be found on the Google website (keyword “data protection”).

2.3 Social Media

We also use plug-ins of social networks such as Facebook, YouTube, LinkedIn and Instagram on our website. This can be seen via the corresponding buttons/symbols. We have configured these elements to be disabled by default. If you enable them by clicking on them, the operators of the respective social networks can register that you are on our website and where your location is and use this information for their own purposes. The processing of your personal data is then the responsibility of this operator in accordance with its privacy policy. We do not receive any information from it about you.

If you communicate with us via such social networks or comment on or distribute our content, we collect the relevant information and process it in accordance with our Privacy Policy.

When you visit our social media pages, data (e.g. about your user behaviour) may also be transmitted directly to or collected by the relevant provider and processed together with other data already known to it (e.g. for marketing and market research purposes and to personalise the platform content). Further information on data processing by the providers of social networks, the countries in which they process your data and your rights can be found in the data protection provisions of the corresponding social networks.

3. Legal basis for data processing

3.1 Within the scope of our services and for the fulfilment of contractual obligations

Data is processed for the purpose of providing our services in the context of the performance of our contracts with our customers, including taking steps prior to entering into a contract, as well as post-contractual support. The personal data collected in this way is used, for example, for the entire rendering of our services, including any subsequent warranty claims, technical administration, etc. Further details on the purposes of data processing can be found in the relevant contractual documents and terms and conditions.

3.2 Within the framework of the balancing of interests

Where necessary and permissible, we process your data beyond the actual performance of the contract in order to safeguard our legitimate interests or those of third parties. These include:

•  consulting and exchanging data with information agencies and other third parties (e.g. debt enforcement registers, credit reports);

• reviewing and optimising needs analysis processes for the purpose of direct customer contact and collecting personal data from publicly available sources for the purpose of customer acquisition;

• advertising or market and opinion research, unless you have objected to the use of your data;

• asserting legal claims and defending in the case of legal disputes;

• guaranteeing IT security and IT operations, including video surveillance to safeguard domiciliary rights and other measures for IT, building and plant security, protecting our employees and other persons and assets belonging to or entrusted to us, such as physical access controls, visitor lists, network and mail scanners, telephone recordings;

• preventing and investigating criminal offences;

• measures for business management and the enhancement of products and services as well as our website;

• buying and selling business divisions, companies or parts of companies and other corporate transactions and the associated transfer of data and business management measures. 

3.3 Based on your consent

Insofar as you have given us consent to process personal data for specific purposes, the lawfulness of this processing is based on your consent, unless we have other legal bases. Consent that has been granted may be withdrawn at any time. This also applies to the withdrawal of declarations of consent given to us before the GDPR came into force. The withdrawal of consent does not affect the lawfulness of the data processed prior to its withdrawal.

3.4 Due to legal requirements or in the public interest

We are also subject to various legal obligations in connection with which we are required to process your data.

4. Duration of the processing of your personal data

We store your data only for as long as is necessary for the respective purpose and the fulfilment of our contractual and legal obligations, including statutory retention obligations (usually 10 years), or if you have given us your consent.

We will continue to process your data for as long as we have a legitimate interest in the storage. This may be the case in particular if we require personal data to enforce or defend against claims, for archiving purposes and to ensure IT security.

5. Passing on data to third parties

We disclose your data to third parties within the scope of our business activities and for the purposes described in this Privacy Policy only if we are obliged to do so by law, court order or official regulations, if the disclosure is necessary for the assertion, exercise or defence of legal claims or for the performance of contracts and business activities or on the basis of your consent. These third parties include in particular:

• Group companies of the Gübelin Group. The Group companies may use the data in accordance with this Privacy Policy for the same purposes as we do. We may also disclose sensitive data to our Group companies;
• Processors such as providers, service providers for evaluating the benefits of the website (marketing purposes), service providers for IT services (data management, data storage, technical support, newsletter dispatch, etc.), service providers in the area of recruitment, talent management, HR or other services;
• External business partners (e.g. dealers, suppliers, subcontractors, banks, debt collection agencies) and experts in connection with the contractual service;
• Competitors, industry organisations, associations, organisations and other bodies;
• Acquirers and potential acquirers of business divisions, companies or other parts of the Gübelin Group;
• Media;
• Domestic and foreign authorities, official bodies or courts;
• Other parties in potential and actual legal proceedings.

These third parties have undertaken to us by contract to use personal information only for the agreed purposes, not to sell it to other third parties and not to disclose it to other third parties, except as required by law, permitted by us or described in this Privacy Policy.

6. Transfer of personal data abroad

We process personal data not only in Switzerland. Your data may be processed both in the European Union and in any country in the world (including the USA). We are entitled to forward your data to third-party companies abroad if this is necessary for the execution of your orders, if it is legally permissible or if you have given us your consent. If the level of data protection in a country is deemed inappropriate by Swiss standards or within the meaning of the EU General Data Protection Regulation (GDPR) (including the USA), we ensure appropriate data protection by means of suitable guarantees (e.g. standard contractual clauses), unless there is a statutory exception (e.g. your consent), the recipient is not already subject to a legally recognised set of rules (e.g. the CH-USA Data Privacy Framework) to ensure data protection, or we can rely on an exception. Such contractual arrangements (guarantees) partially compensate for weaker or lacking legal protection, but not all risks can be completely excluded (e.g. of government access abroad).

Please also note that data exchanged over the internet is often transmitted via third countries. Your data may therefore be sent abroad even if the sender and recipient are located in the same country.

7. Data security

We use appropriate technical and organisational measures to protect your data stored by us against alteration, partial or complete loss, destruction and unauthorised access by third parties. Security measures of a technical nature include, for example, the encryption (including login data) and pseudonymisation of data, logging, data access restrictions and the storage of backup copies.

We also take our own internal data protection very seriously. Our employees and the service providers commissioned by us are obliged to maintain confidentiality and to comply with the provisions of data protection law. Our processors are also obliged to take appropriate technical and organisational security measures. Furthermore, they are granted access to personal data only to the extent necessary.

Our security measures are continuously adapted in line with technological developments. Absolute protection cannot be guaranteed.

8. Your rights

You have several options when using the Gübelin website and our services. You can choose not to provide any (personal) data at all by not filling in any relevant forms or data fields on our website, by blocking cookies or by not using any of the available personalised services. If you choose to provide personal data, you have the following rights, where provided for by applicable law:

• the right to information as to whether and which of your data we are processing;
• the right to rectification if the data is inaccurate;
• the right to request erasure;
• the right to request the restriction of data processing;
• the right to withdraw your consent;
• where applicable, the right to obtain from us the surrender of certain data in a commonly used electronic format;
• the right to object to our data processing;
• where applicable, the right to express your point of view in the case of an automated individual decision and to request that the decision be reviewed by a natural person. 

Your rights are not absolute. However, we reserve the right to enforce the restrictions provided for by statute on our part. We will inform you accordingly.

If you would like to assert your rights against us, please attach appropriate personal identification.

Furthermore, every data subject 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 (www.edoeb.admin.ch). A list of European data protection authorities can be found at BfDI – European Data Protection Authorities (bund.de).

9. Our contact address

Depending on the individual case (e.g., contract partner, etc.), the respective group company of the Gübelin Group is generally responsible for data processing under data protection law:

• Gübelin AG, Maihofstrasse 102, CH-6006 Lucerne, Switzerland
• Edigem AG, Maihofstrasse 102, CH-6006 Lucerne, Switzerland
• Schwanenplatz AG, Maihofstrasse 102, CH-6006 Lucerne, Switzerland
• Provenance Proof AG, Maihofstrasse 102, CH-6006 Lucerne, Switzerland
• Gübelin Gem Lab Ltd., Maihofstrasse 102, CH-6006 Lucerne, Switzerland

Certain data processing activities are carried out jointly by the respective group company of the Gübelin Group as joint controllers.

If you wish to contact us regarding our use of your personal data or to object to the processing of your personal data, please e-mail us at concerns@gubelin.com or contact us by post at the relevant address listed above, with the addition of "Data Privacy."

10. Reservation of right of modification

The Privacy Policy is not part of a contract with you. We reserve the right to amend this Privacy Policy at any time, in particular if we change the way we process data or if new legal provisions become applicable. The version published on this website is the current version; previous versions are replaced by the new version.

The German version of this Privacy Policy is the sole binding version.

Last update: October 2024