1) Controller

The controller is ERS Railways GmbH, Burchardstrasse 17, 20095 Hamburg, Germany.

2) General

ERS Railways GmbH offers only business-to-business (B2B) services. ERS Railways GmbH considers it important that its website users are informed as to when, for what purposes and which personal data are processed.

ERS Railways GmbH reserves the right to amend this Privacy Notice from time to time. You should therefore read this Privacy Notice regularly. The date of the then-current version (valid from) may be found at the beginning of the Privacy Notice.

What are personal data?

Personal data means any information relating to an identified or identifiable natural person (e.g., name, address, telephone number, date of birth or email address).

In general, you can use our website without providing any personal data. The use of certain website services may require personal data to be provided, for instance in order to sign up for a newsletter, to leave a comment in our forum or to purchase participate in a sweepstake.

Personal data are therefore not processed as a matter of course, but rather only under certain circumstances and for specific purposes.

When are personal data processed in connection with ERS Railways GmbH website?

In order to provide the ERS Railways GmbH online services, ERS Railways GmbH or third parties process personal data in connection with:

• Websites: Personal data may be processed using log files, cookies, analysis tools, and plugins of social media and other providers.
• Contact form: Personal data may be processed via contact forms in order to deal with suggestions, requests, complaints and enquiries of users.

For more detailed information, please visit the Privacy policy on our website.

For what purposes are personal data processed?

• Optimising the website (e.g., market research and internet audience measurement)
• Personalising the website for users
• Ensuring data security for the users of our website
• Dealing with requests, complaints and enquiries of users

On what legal basis does ERS Railways GmbH process personal data?

Insofar as we obtain your consent to process personal data, your consent serves as the legal basis. This is the case for example in connection with our portals.

We also process your personal data on the basis of our legitimate interest. This includes processing for purposes of:

• optimising and personalising our website
• ensuring data security
• dealing with your requests, complaints and enquiries
• granting access to our collaboration platforms for partners, intermediaries and clients for the use of said platforms
• the fulfilment of the contracts we have concluded with our clients, partners and suppliers (B2B contracts)

When you, as an individual, order products or services within our collaboration tool, we need to process your personal data for the performance of the contract we concluded with you.

This includes processing which is necessary prior to entering into a contract.

To the extent personal data is processed based on a legal obligation, this serves as the legal basis. This may be the case for example relating to the disclosure of personal data to third parties or storage or retention periods.

3) The disclosure of personal data to third parties

Is personal data disclosed to third parties?

In general, we only disclose your personal data to third parties insofar as we have a legitimate interest in doing so or you have provided your consent.

Furthermore, your data may be disclosed to third parties insofar as we may be obliged to do so pursuant to legal provisions or an enforceable administrative or court order.

Are third parties used for processing data?

We use third party service providers for data processing. Service providers are generally involved as so-called "processors", who may only process the personal data of the users of our website in accordance with our instructions. For example, your email address may be passed along to a service provider in order for it to send you a newsletter you requested.

Is personal data sent to recipients in a third country (outside Switzerland, the EU or the EEA)?

We also provide personal data to third parties, controllers or processors, which are not based in the EU/EEA or Switzerland. In this case, we ensure prior to disclosure either that the recipient provides an adequate level of data protection (e.g., on the basis of an adequacy decision for the relevant country, self-certification by the recipient for the CH-U.S. Privacy Shield, the application of standard contractual clauses of the European Union) or that our users have provided their consent.

We can provide you with an overview of the third country recipients along with a copy of the terms specifically agreed to in order to ensure an adequate level of data protection. Please use the details provided in the Contact section to do so.

4) Duration of storage and retention periods

For how long does ERS Railways GmbH retain the personal data?

We store your data for as long as is necessary in order to provide our website services and the related services or for as long as we have a legitimate interest in continuing storage. In all other cases, we delete your personal data, with the exception of any data that we are required to retain in order to comply with legal obligations (e.g., retention obligations).

5) Rights of users

What are your rights as a data subject?

• Right of access: Users have the right to request confirmation from the controller as to which personal data concerning them is being processed and whether these data are being transmitted to a third country.
• Right to rectification: Users have the right to request the controller to correct any incorrect or incomplete personal data relating to them.
• Right to erasure: Users have the right to request the controller to erase promptly any personal data relating to them if these data are no longer necessary for the purposes for which they were collected or processed. The same applies if the data subject withdraws consent or objects to the processing in absence of an overriding legitimate interest of the controller or if these data are being unlawfully processed. The data subject may additionally execute this right in case where the controller is subject to a legal obligation to delete these personal data or when the personal data have been collected in the context of information society services.
• Right to restriction of processing: Users have the right to request the controller to restrict processing.
• Right to withdraw consent: Users have the right at any time to withdraw their consent to the processing of any personal data relating to them for any specific purpose or purposes if that processing is based on their express consent. The withdrawal of consent will not affect the lawfulness for the processing on the basis of that consent carried out prior to the withdrawal of consent.
• Right to object: Users have the right at any time to object to the processing of any personal data relating to them if the processing occurs on the basis of the legitimate interest of the controller or of a third party. Where personal data are processed for direct marketing purposes, users have an absolute right to object to such processing at any time.

Right to lodge a complaint with the supervisory authority

You have the right to lodge a complaint with a data protection authority. In order to do so, you may contact the data protection authority competent for your place of residence or your federal state.

How can you exercise your rights?

In order to exercise your rights, please contact: privacy@ersrail.com.

6) Data protection contact

Please do not hesitate to contact us by email to privacy@ersrail.com for any information or with any suggestions regarding data protection.