This privacy policy explains how we, the companies of the NOEXIS Group (hereinafter referred to as “we,” “us,” or similar) go about collecting and processing personal data in connection with the operation and use of our website.

We take seriously our obligation to handle data responsibly and in accordance with the law. We comply at all times with the applicable laws, in particular the Swiss Data Protection Act and any applicable foreign data protection laws, such as the EU’s General Data Protection Regulation (GDPR), the standard upon which this privacy policy is based.

If you are acting on behalf of an organization, we may assume that you are legally authorized to act on behalf of the organization with regard to the acceptance of this privacy policy (prima facie authority), without regard to the internal regulations and/or circumstances of said organization or its commercial register entries and without further verification of said authorization. Whenever the terms “you,” “your,” and the like in are used in this privacy policy, this always refers to the organization and its employees on whose behalf you are acting in addition to yourself.

Personal data is defined as any and all information that relates to a specific or identifiable person. The person in question (a) is a person whose personal data is processed. Processing consists of any handling of personal data, particularly its collection, storage, safekeeping, use, modification, disclosure, or erasure.

We primarily process personal data that we receive from you or collect about you in connection with the operation and use of our website and the applications associated with it. The input of personal or business data on our website is voluntary.

In addition to the personal data that you provide to us directly (e.g. when registering for a newsletter or using a contact or feedback form), the categories of personal data that we receive about you from third parties include, in particular: information from public registers (e.g. or commercial registers); credit reports (if we are conducting business with you); your interests and other sociodemographic information; data connected with the use of our website (e.g. IP address, MAC address, settings, and additional information about the device used, cookies, date and time of visit, pages and content accessed, functions used, referring website, location information).

If you provide us with personal data relating to other persons (e.g. family members, coworkers, etc.), you must ensure that these persons have in fact consented to having their data made available and that they are aware of the contents of this privacy policy.

We process personal data primarily for the following purposes:

• The operation of our website and the applications associated with it
• The analysis and statistical assessment of user interests and behavior
• To answer questions
• To fulfill our legal obligations in Switzerland and abroad

We also process personal data relating to you and to other persons, to the extent allowed by law and that appears to us to be appropriate, for the following additional purposes, for which we have a corresponding legitimate interest:

• Continued development of our website and the applications associated with it, as well as our products and services
• Marketing (e.g. sending out newsletters)
• The assertion of legal claims and defense in connection with legal disputes and official proceedings

We process personal data in accordance with Swiss data protection law, and if and to the extent applicable, with the EU’s General Data Protection Regulation (GDPR). With regard to the GDPR, we process personal data with the consent of the data subject (Art. 6 para. 1 lit. a GDPR), for the performance of a contract with the data subject and to take ap-propriate steps prior to entering into said contract (Art. 6 para. 1 lit. b), to comply with a legal obligation to which we are subject according to the laws applicable in the EU or the laws of a country in which the GDPR is applicable in whole or in part (Art. 6, para. 1, lit. c GDPR), as well as to maintain our legitimate interests or those of third parties insofar as these are not outweighed by the fundamental rights and freedoms of the data subject. Legitimate interests are, in particular, our economic interest in being able to operate our website, information security, the assertion of our own legal claims, and compliance with Swiss law (Art. 6 para. 1 lit. f GDPR). If you have granted us your consent to process your personal data for specific purposes (e.g. when signing up for a newsletter), we process your personal data within the scope and on the basis of this consent, insofar as we have no other legal basis and such is required. Consent that has been granted may be revoked at any time; however, this has no effect on data processing that has already occurred.

We process your personal data for as long as this is necessary for the intended purposes of this processing, or for the fulfillment of our contractual and statutory obligations, and insofar as statutory obligations require us to retain and document said data. We may retain personal data for as long as claims may be asserted against our organization (i.e. particularly during the statutory limitation period) and to the extent that we are otherwise required to do so by law or legitimate business interests require it (e.g. for purposes of proof and/or documentation). As soon as your personal data is no longer required for the aforementioned purposes, we will delete or anonymize your data as far as possible. In case of longer-term retention obligations, we shall limit processing as far as we are able.

In the context of the purposes listed in section 3 and within the scope of our business activities, and to the extent it is allowed by law and appears to us to be appropriate, we disclose your personal data to third parties, particularly to our service providers, suppliers and agents (e.g. web hosting service providers, IT service providers, providers of newsletter services, debt collection service providers, banks, legal advisors/lawyers), our clients, as well as to public authorities, government officials, or courts in Switzerland and abroad. If we transfer data to a country without adequate data protection laws, we ensure an adequate level of protection as that which is prescribed by law by employing appropriate contracts or by relying on statutory exceptions, particularly with regard to consent, contract execution, and the establishment, exercise, or assertion of legal claims.

a) Newsletter

To send our newsletter, we rely on MailChimp, a service provided by The Rocket Science Group LLC in Atlanta, Georgia. More information is available in their privacy policy. Each individual newsletter offers the opportunity to unsubscribe from the newsletter. As far as it is permitted, our newsletters use techniques (e.g. visible and invisible image elements and/or links) to determine when or if you opened the newsletter and which links were clicked. We measure this data in order to gain a better understanding of how you are using our products and services so that we can tailor our offers to your preferences. By consenting to receive newsletters, you are consenting to the use of the techniques employed in our newsletters. The default setting in most email applications is to allow the use of these techniques. If you do not wish to allow this, you will need to adjust the settings of your email application (e.g. Microsoft Outlook) accordingly.

b) Access data

Each time our website, the related applications and our online services are accessed, standard web server log files containing the following information are created: IP address, date and time including time zone, browser request including origin of the request (referrer), operating system used including user interface and version, browser used including language and version, and the amount of data being transferred. The log files are used to identify technical issues and to guarantee the security of our website and accurate statistical evaluation of its use.

c) Additional third-party services

Google Analytics:

Our website uses Google Analytics. This service provided by Google LLC in Mountain View, California (“Google”) allows us to measure and evaluate the use of our website on a non-personal basis. This service uses permanent cookies set by Google. Google receives no personal data from us, nor do they retain any IP addresses; however, they are able to track your use of the website, combine this information with data from other websites that you have visited that are likewise tracked by Google, and use this information for their own purposes (e.g. to direct advertising). If you have registered with Google yourself, Google knows you as well. The processing of your personal information by Google is the responsibility of Google and occurs in accordance with their own data protection policy Google only tells us how our website is being used, without providing us with any information about you personally. Google is committed to ensuring adequate data protection in accordance with the EU-US and Swiss-US Privacy Shield. For more information, please see Google’s privacy policy regarding the collection of data.

Google Maps, Google Invisible reCAPTCHA and YouTube:

We use Google Maps in order to embed maps on our website, Google Invisible reCAPTCHA to protect against bots and spam, and YouTube to embed videos. These services provided by Google LLC in Mountain View, California (“Google”) use cookies, among other things, and data is transferred to Google in the United States, whereby we assume that no tracking on a personal basis takes place solely through the use of our website. Google is committed to ensuring adequate data protection in accordance with the EU-US and Swiss-US Privacy Shield. For more information, please see Google’s privacy policy regarding the collection of data.

Social Plugins:

Our website uses social plugins provided by the social networks LinkedIn, Facebook, Instagram, and Twitter. These social networks are generally identifiable by the logo/symbol of the respective social network. Thus, when you access our website, no data is automatically transferred to these social networks. Only when you activate the social plugins your-self by clicking on the respective button does the browser establish a connection to the servers of the social network in question and transfer data to its operator. You agree to this by clicking on the respective button.

We have no influence over the type and scope of the data collected or its subsequent processing by the operator of the social network in question. The processing of this data is the responsibility of the operator and occurs in accordance with their own privacy policy for data protection.

• LinkedIn
• Facebook
• Instagram
• Twitter

Persons whose personal data we process have the right to request confirmation from us as to whether we process personal data, and if so, information from us regarding our processing of their personal data. Furthermore, data sub-jects may, as far as provided by the data protection law applicable in their case (particularly the EU’s GDPR), restrict the processing of their personal data, exercise their right to data transfer, have their personal data corrected, erased (“right to be forgotten”), or blocked, withdraw their consent, and object to the processing of their personal data. The exercise of the aforementioned rights generally requires you to provide clear proof of your identity. You may send us a copy of your ID if your identity is not otherwise clear/cannot otherwise be verified (e.g. by asserting your rights via the form provided on our website after having logged into your user account). We reserve the right to assert legally pro-vided restrictions on our part, such as in those cases where we are obliged to retain or process certain forms of personal data, have an overriding interest in said data (insofar as we may invoke it), or we require it in order to assert certain claims. If any costs should arise on your part, we will inform you in advance. Please note that the exercise of the aforementioned rights may be in conflict with contractual agreements between you and us (e.g. those pertaining to the provision of services that you have ordered via our website), and that this may result in consequences such as the early termination of the contract or the incurring of costs. In such cases, you will be informed in advance. In addition, per-sons whose personal data we process also have the right to assert their claims in court, and have the right to appeal to a competent supervisory authority for data protection. In Switzerland, the supervisory authority responsible for data protection is the Federal Data Protection and Information Commissioner (FDPIC). Data subjects and supervisory authorities may contact us via email or mail at the addresses listed in section 8.

For any concerns relating to data protection, you may contact the NOEXIS Group data protection officer by email or by mail (Art. 37 GDPR). The data protection officer can be reached as follows:

NOEXIS AG

Data Privacy Officer

Bahnhofstrasse 128

9244 Niederuzwil Switzerland

Email: dataprivacyofficer@noexis.com

We take all appropriate technological and organization security measures to protect your personal data from unauthorized access and abuse (e.g. encryption of data storage media and data transmissions, access restrictions). Our website is accessed by means of SSL/TLS encryption.

No correspondence will be entered into for prize draws, competitions, etc. Prizes will not be paid out in cash and can-not be transferred. All decisions are final. In accordance with the provisions of this privacy policy, data may be reused and disclosed to third parties.

We make no commitments regarding the accessibility, availability, reliability and precision of our digital products. Warranties are excluded to the extent permitted by law.

Our website and applications contain links to external websites; in some cases, our digital applications are also integrated in third-party products. Such external content is not under our control and we are not responsible or liable for it.

To the extent permitted by law, we also exclude liability for direct, indirect, negligent or inadvertent damages of any type, including the loss of data, lost profits and consequential damages, arising from the use and operation or non-availability of our offering as well as liability for agents and auxiliaries.

We may change this privacy policy at any time without prior notice. The version of this policy that currently appears on this website is the applicable version.

If permitted, any disputes shall be judged by the courts and authorities with jurisdiction for Uzwil (Canton of St. Gallen), Switzerland; the primary law that applies is Swiss law to the exclusion of international treaties.

If one of the above provisions is ineffective or unenforceable, the effectiveness of the other provisions shall not be affected.