1. Personal data and data subject
Personal Data is generally categorized as either “ordinary personal data” or “sensitive personal data”. Sensitive personal data is always confidential and includes racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic and biometric data, health, sexual orientation, and information related to criminal offences. Ordinary personal data is partly confidential, includes national identification numbers, information regarding a person’s salary, pension, debt, application material, etc., and all other types of ordinary personal data, including name, customer number, (business) contact information such as email and telephone number, photos, IP-address, and other usage information collected via cookies.
2. Principles of personal data protection
Lemsys complies with the following principles in order to ensure the protection of personal data in accordance with applicable law:
Purpose limitation. Lemsys may only collect and process personal data, including sensitive data (if any) for specified, explicit and legitimate purposes relevant for the business of Lemsys.
Lawfulness, fairness, and transparency. Personal data must be processed lawfully, fairly, and in a transparent manner in relation to the data subject. Where legally required, Lemsys will inform the individual about the purpose for processing their personal data, their rights to have their personal data rectified, deleted or blocked, and the identity of the company responsible for the collection and processing of their personal data.
Data minimization. Lemsys may only collect and process personal data adequate, relevant and limited to what is necessary in relation to purposes for which they are processed.
Accuracy. To ensure that personal data processes are accurate, Lemsys must make sure that personal data is reviewed and updated in regular intervals, where appropriate.
Storage limitation. Personal data must only be stored for the length of time required to fulfil the purpose, or as prescribed by the law.
Integrity and confidentiality. When processing personal data, it is important that such personal data is safeguarded by adequate security measures to minimize risks, such as loss of data, unauthorized access, destruction, and accidental disclosure.
Cross border transfer of data. Specific rules apply when Lemsys transfers personal data from the Switzerland to third countries, including EU/EEA or international organizations as discussed further in the data transfer section below.
Accountability. To ensure that personal data processing is performed in accordance with applicable law, Lemsys has implemented appropriate technical and organizational measures which are reviewed and updated as necessary.
3. Owner and Data Controller
Chemin des Aulx 18,
1228 Plan-les- Ouates,
Telephone: + 41227061050
Lemsys’ parent company is Teradyne, Inc., located at 600 Riverpark Drive, North Reading, Massachusetts 01864, USA.
4. The types of and purpose for the collection of personal data
Employment. Lemsys collects and processes personal data, including sensitive data (if any) of applicants, candidates and employees for employment purposes and in accordance with legal requirements.
Visitors. Lemsys collects and processes personal data of visitors including name, title (if applicable) and contact details for security reasons and registers such information in the visitor log prior to granting visitors access to the Lemsys premises.
Lemsys’ website users. Lemsys may collect by itself or through third parties personal data of website users, which may include: name, contact details, and company information, if applicable. The data is collected and processed for marketing, advertising, and analytics purposes.
Users are responsible for any third-party personal data obtained, published or shared through the website and confirm that they have the third party’s consent to provide such personal data to Lemsys. Users who are uncertain about which personal data is mandatory are welcome to contact the Global Data Protection Team.
Marketing. Lemsys collects and processes personal data (including name and contact details) about current and new customers, business partners, suppliers, including third-party service providers, distributors, leads and individuals, website users and on individuals who have signed up for Lemsys’ newsletters or other electronical marketing materials, as well as in some cases for the following purposes: analytics, contacting, managing contacts and sending messages, remarketing and behavioral targeting, advertising, and exhibitions.
Such personal data is collected and processed under the marketing consent. Lemsys obtains valid consent through an online form. The marketing department and other involved departments must ensure that marketing consent is obtained before collecting and processing such personal data.
Lemsys may use third parties as a service provider to send out marketing information on its behalf but only in accordance with applicable legal requirements.
For marketing purposes, Lemsys may share personal data (including name and contact details) with third parties (e.g. distributors, business partners, and corporate affiliates). A list of business partners can be found on the Lemsys’s webpage here. The list of other third parties can be provided upon request.
For any further questions related to marketing information, please contact the marketing department.
Contracts, purchase orders, and other transactional agreements. In connection with its sales and purchase transactions, Lemsys collects and processes personal data, including the name, contact details, delivery details, correspondence, and payment details necessary for conducting business and to comply with export compliance regulations and other legal due diligence obligations.
Accounting and Finance. Lemsys collects personal data for accounting and financial purposes in accordance with applicable requirements. This information is provided to accounting by other internal departments or received directly from the individuals/companies, employees, and includes information such as name, address, company name, registration number, payment details and bank details, delivery address and other mandatory information.
Legal action. In case of a dispute, Lemsys may retain personal information necessary for its legitimate interest to ensure that Lemsys can properly bring or defend legal claims in court or during the stages leading to possible legal action. Lemsys may need to share this information with third parties such as insurance and/or legal advisers and Lemsys may also be required to reveal personal data upon request of public authorities.
Consent & withdrawal of consent. To the extent that our processing activities is based on your consent, you will have the right to withdraw your consent at any time. If you withdraw your consent, we will cease to process your personal data, unless and to the extent that continued processing is permitted or required according to the applicable personal data legislation or other applicable law. If you withdraw your consent, it will not affect the lawfulness of processing conducted prior to the withdrawal.
Where personal data is processed for a public interest, in the exercise of an official authority vested in Lemsys or for the purpose of the legitimate interests pursued by Lemsys, an individual may object to such processing by providing a ground related to the individual’s particular situation to justify the objection. However, if personal data is processed for direct marketing purposes, an individual can object to such processing at any time without providing any justification by contacting the Global Data Protection Team.
5. Legal grounds for processing of personal data
Lemsys may process personal data if one of the following options applies:
· Individual/company has given prior consent to processing of his/her/its personal data for one or more specific purposes. Note: Under some legislations Lemsys may be allowed to process personal data until individual object to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of personal data is subject to European Data Protection law;
· processing of data is necessary for the performance of a contract and/or for any pre-contractual obligations thereof;
· processing is necessary for compliance with any legal obligations;
· processing of your personal data is necessary to establish, exercise or defend any legal claims;
· processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in Lemsys;
· processing is necessary for the purposes of the legitimate interests pursued by Lemsys or by a third party, if such interests are considered to override individual/company interests or fundamental rights. Such legitimate interests may be Lemsys’ interests in developing, marketing and selling the products and providing services, pursuing and maintaining business relationship with customers, suppliers, distributors, partners and other business relations.
Upon request, Lemsys will provide information to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
6. Place and data transfer
The personal data is processed at the Lemsys’ operating offices and in any other places where the parties involved in the processing are located. Specific rules apply when Lemsys transfer personal data from Switzerland to a country with an inadequate level of data protection from a Swiss law perspective. When transferring personal data from Switzerland to a country with an inadequate level of data protection, Lemsys is obligated to establish appropriate safeguards prior to the transfer, which in practice are
established by entering the European Commission’s standard contractual clauses, as amended with respect to Swiss data protection law.
In accordance with the applicable law, Lemsys has concluded Data Processing Agreement (DPA) and/or Joint Data Controller Agreement (JDCA) and/or agreements with Standard Contractual Clauses (SCCs) with external parties and affiliated companies, as applicable.
7. Retention period
Personal data collected by Lemsys shall be processed and stored for as long as required by the purpose for which the personal data has been collected. Lemsys may be allowed to retain personal data for a longer period if Lemsys has obtained valid consent to the processing activity as long as such consent is not withdrawn. Furthermore, Lemsys may be obliged to retain the personal data for a longer period, whenever required to do so for the performance of a legal obligation or to establish, exercise or defend a legal claim.
Once the retention period expires, personal data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be accommodated after expiration of the retention period.
8. Data security and data breach
Lemsys takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of personal data. The data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In order to protect your personal data, we continuously assess the risks that may be associated with our processing of your personal data. In particular, we pay attention to protecting your personal data against discrimination, identity theft, financial loss, loss of reputation and to ensure data confidentiality. To avoid loss of personal data, we continuously backup our systems, and we make use of encryption or other security measures where necessary. Finally, we train our employees in handling personal data.
In the event of a data breach that involves high risk to your rights, we will notify you of the breach as soon as possible under the given circumstances. “A personal data breach” means a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data. In short, there will be a personal data breach whenever any personal data is lost, destroyed, corrupted, disclosed without proper authorization, or if the data is made unavailable.
If you experience or suspect a personal data breach, please report to Global Data Protection Team immediately.
9. Individuals’ rights
Where legally required, Lemsys shall inform individuals of the purpose of processing their personal data, rights to have their personal data rectified, deleted or blocked, and the identity of the company responsible for the collection and process their personal data. In all other cases, users may inquire with Global Data Protection Team to find out which rights apply to them.
Individuals have the following rights:
· Withdrawal of consent – the right at any time to withdraw previously given consent to the processing of his/her/its personal data.
· Access to personal data – the right to learn if personal data is being processed by Lemsys, obtain disclosure regarding certain aspects of the processing and obtain a copy of the data undergoing processing.
· Verify and seek rectification – the right to verify the accuracy of his/her/its personal data and ask for it to be updated or corrected.
· Restrict the processing of personal data – the right, under certain circumstances, to restrict the processing of his/her/its personal data. In this case, Lemsys will not process mentioned personal data for any purpose other than storing it.
· Have personal data deleted or otherwise removed – the right, under certain circumstances, to obtain the erasure of his/her/its personal data from Lemsys.
· Have personal data transferred to another data controller – the right, under certain circumstances, to have personal data transmitted to another controller without any hindrance.
· Lodge a complaint – the right to bring a claim before his/her/its competent data protection authority.
To prevent any violation of applicable law, regulations and corporate standards, Lemsys organizes formalized Data Protection training for its employees in accordance with a corporate training plan. Training on personal data protection may be conducted via electronic communication, webinars, or in-person training. All employees are trained on basic data protection requirements and certain groups have more advanced training on personal data processing based on business needs.
11. Ongoing Audit & Monitoring
12. Reporting system and contact details
Any request can be exercised free of charge and will be addressed as expeditiously as possible and always within one (1) month or sooner, if required by applicable law.