Privacy Policy of axelity ag

Contact Address

axelity ag

Rebbüelstrasse 13

7320 Sargans

Switzerland

Email

dataprotection@axelity.com (opens in new window)

Data Protection Officer

Thomas Moretti, CEO

Version

1 September 2023

In this privacy policy, we, axelity ag, explain how we collect and otherwise process personal data. This is not an exhaustive description; other privacy policies [or general terms and conditions and similar documents] may govern specific matters. Personal data refers to any information that relates to an identified or identifiable individual.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are aware of this privacy policy and only share their personal data with us if you are permitted to do so and if the personal data is accurate.

This privacy policy is designed to meet the requirements of the revised Swiss Federal Data Protection Act ("revDSG") and the European General Data Protection Regulation ("DSGVO/GDPR"). As we also provide services to customers in the European Union and the EEA (in particular Germany, Austria and Liechtenstein), we additionally observe the requirements of the GDPR.

1. Data Controller / Data Protection Officer / Representative

The entity responsible for the data processing described herein is axelity ag (see contact details above), unless otherwise stated in individual cases. If you have data protection concerns, you may contact us at the following address:

dataprotection@axelity.com (opens in new window)

2. Collection and Processing of Personal Data

We primarily process personal data that we receive in the course of our business relationships with our customers and other business partners, as well as from other persons involved, or that we collect from users when operating our websites and other applications.

To the extent permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet) or receive such data from other companies, authorities and other third parties. In addition to the data you provide to us directly, the categories of personal data we receive about you from third parties include in particular: information from public registers; information we learn in connection with administrative and judicial proceedings; information relating to your professional functions and activities (so that, for example, we can conclude and process transactions with your employer with your assistance); information about you in correspondence and discussions with third parties; credit reports (to the extent we conduct business with you personally); information about you provided by persons in your circle (family, advisors, legal representatives, etc.) so that we can conclude or process contracts with or involving you (e.g. references, your address for deliveries, powers of attorney, information for compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, distribution and other contractual partners of ours regarding the use or provision of services by you (e.g. payments made, purchases made), information from media and the internet relating to your person (to the extent appropriate in the specific case, e.g. in the context of a job application, media monitoring, marketing/sales, etc.), your addresses and, where applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).

3. Purposes of Data Processing and Legal Bases

We use the personal data we collect primarily to conclude and perform our contracts with our customers and business partners, in particular in the context of the consulting activities of interim management with our customers and the procurement of services from our suppliers and subcontractors, as well as to comply with our legal obligations domestically and abroad. If you work for such a customer or business partner, you may naturally also be affected in this capacity with your personal data.

In addition, we also process personal data of you and other persons, to the extent permitted and where we consider it appropriate, for the following purposes in which we (and sometimes also third parties) have a legitimate interest corresponding to the purpose:

• Offering and further developing our offerings, services and websites and other platforms on which we are present;
• Communication with third parties and processing of their enquiries (e.g. job applications);
• Review and optimisation of procedures for needs analysis for the purpose of direct customer contact, as well as collection of personal data from publicly accessible sources for the purpose of customer acquisition;
• Advertising and marketing (including the organisation of events), to the extent you have not objected to the use of your data (if we send you advertising as an existing customer, you may object at any time, and we will place you on a blocking list against further advertising mailings);
• Assertion of legal claims and defence in connection with legal disputes and official proceedings;
• Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis for fraud prevention);
• Ensuring our operations, in particular IT, our websites and other platforms;
• Purchase and sale of business divisions, companies or parts of companies, and other corporate transactions, including the associated transfer of personal data and measures for business management, as well as compliance with legal and regulatory obligations and internal regulations of axelity.

To the extent that you have given us consent to process your personal data for specific purposes (for example, when registering to receive newsletters or to conduct a background check), we process your personal data within the scope of and based on that consent, unless we have no other legal basis and require one. Consent that has been given may be revoked at any time, although this does not affect the lawfulness of data processing already carried out.

4. Cookies / Tracking and Other Technologies in Connection with the Use of Our Website

Cookies

This website uses cookies. These are small text files that make it possible to store specific user-related information on the user's device while the user is using the website. Cookies make it possible, in particular, to determine the frequency of use and the number of users of the pages, to analyse behaviour patterns of page use, but also to make our offering more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved on a subsequent visit to the site. If you do not wish this, you should set your internet browser to refuse the acceptance of cookies.

A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, particularly in the case of tracking, via the US site https://www.aboutads.info/choices/ (opens in new window) or the EU site https://www.youronlinechoices.com/ (opens in new window). Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that in this case not all functions of this online offering can be used.

SSL/TLS Encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address bar of the browser changes from "http://" to "https://" and by the lock symbol in your browser bar.

When SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Server Log Files

The provider of this website automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• Browser type and browser version
• Operating system used
• Referrer URL
• Hostname of the accessing computer
• Time of the server request

This data cannot be assigned to specific persons. This data is not merged with other data sources. We reserve the right to review this data retrospectively if we become aware of specific indications of unlawful use.

Third-Party Services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

These services of the American company Google LLC use, among other things, cookies, which result in data being transferred to Google in the USA, whereby we assume that in this context no personalised tracking takes place solely through the use of our website.

Google has committed to ensuring an adequate level of data protection in accordance with the US-European and US-Swiss Privacy Shield.

Further information can be found in Google's privacy policy.

Contact Form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not share this data without your consent.

Newsletter

If you wish to receive the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you consent to receiving the newsletter. No further data is collected. We use this data exclusively for sending the requested information and do not share it with third parties.

After you have given your consent to the storage of the data, the email address, and its use for sending the newsletter, you may revoke this at any time, for example via the "unsubscribe link" in the newsletter.

Google Maps

This website uses the Google Maps service. This allows us to display interactive maps directly on the website and enables you to conveniently use the map function. By visiting the website, Google receives the information that you have accessed the corresponding sub-page of our website. This occurs regardless of whether Google provides a user account through which you are logged in, or whether no user account exists. If you are logged in to Google, your data will be directly associated with your account. If you do not wish your data to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or the needs-based design of its website. Such analysis is carried out in particular (also for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right. For more information on the purpose and scope of data collection and processing by Google, as well as further information on your rights and configuration options to protect your privacy, please visit: www.google.de/intl/de/policies/privacy (opens in new window) .

Google reCAPTCHA

This website uses the reCAPTCHA service of Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland "Google"). The query serves to distinguish whether input is made by a human or by automated, machine processing. The query involves the transmission of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and used there. However, your IP address is truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser within the scope of reCaptcha is not merged with other Google data. Your data may also be transferred to the USA. For data transfers to the USA, there is an adequacy decision of the European Commission, the "Privacy Shield". Google participates in the "Privacy Shield" and has submitted to its requirements. By activating the query, you consent to the processing of your data. The processing is carried out on the basis of Art. 6 (1) lit. a GDPR with your consent. You may revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation. Further information about Google reCAPTCHA and the associated privacy policy can be found at: https://policies.google.com/privacy?hl=de (opens in new window)

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Ireland Limited. If the data controller responsible for data processing on this website is located outside the European Economic Area or Switzerland, the data processing by Google Analytics is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as "Google".

The statistics obtained allow us to improve our offering and make it more interesting for you as a user. This website also uses Google Analytics for cross-device analysis of visitor flows, which is carried out via a user ID. If you have a Google user account, you can deactivate the cross-device analysis of your usage in the settings there under "My Data", "Personal Data".

The legal basis for the use of Google Analytics is Art. 6 (1) sentence 1 lit. f GDPR. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data. We would like to point out that on this website, Google Analytics has been extended with the code "_anonymizeIp();" to ensure anonymised collection of IP addresses. This means that IP addresses are processed in a truncated form so that they cannot be associated with a specific person. Should the data collected about you be attributable to a person, this is immediately excluded and the personal data is promptly deleted.

Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework (opens in new window).

Google Analytics uses cookies. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. You can prevent the storage of cookies by making the appropriate settings in your browser software; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: Deactivate Google Analytics.

In addition, you can also prevent the use of Google Analytics by clicking on this link: Deactivate Google Analytics. This will store a so-called opt-out cookie on your data carrier, which prevents the processing of personal data by Google Analytics. Please note that when you delete all cookies on your device, these opt-out cookies will also be deleted, meaning you will need to set the opt-out cookies again if you wish to continue preventing this form of data collection. The opt-out cookies are set per browser and computer/device and must therefore be activated separately for each browser, computer or other device.

LinkedIn

We use the marketing services of the social network LinkedIn of LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland ("LinkedIn") within our online offering.

These use cookies, i.e. text files that are stored on your computer. This enables us to analyse your use of the website. For example, we can measure the success of our advertising and show users products in which they were previously interested.

For example, information about the operating system, the browser, the previously visited website (referrer URL), the websites visited, the offers clicked, and the date and time of your visit to our website are collected.

The information generated by the cookie about your use of this website is transmitted in pseudonymised form to a LinkedIn server in the USA and stored there. LinkedIn therefore does not store the name or email address of the respective user. Rather, the aforementioned data is only associated with the person for whom the cookie was generated. This does not apply if the user has permitted LinkedIn to process without pseudonymisation or has a LinkedIn account.

You can refuse the use of cookies by making the appropriate settings in your browser, but please note that you may not be able to use all functions of this website in that case. You can also object to the use of your data directly with LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out (opens in new window) .

We use LinkedIn Analytics to analyse and regularly improve the use of our website. The statistics obtained enable us to improve our offering and make it more interesting for you as a user. All LinkedIn companies have adopted the Standard Contractual Clauses to ensure that data traffic to the USA and Singapore, which is necessary for the development, implementation and maintenance of the services, takes place in a lawful manner. If we ask users for consent, the legal basis for processing is Art. 6 (1) lit. a GDPR. Otherwise, the legal basis for the use of LinkedIn Analytics is Art. 6 (1) sentence 1 lit. f GDPR.

Third-party provider information: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2 Ireland; Terms of Use and Privacy Policy.

5. Data Disclosure and Data Transfer Abroad

In the context of our business activities and the purposes set out in Section 3, to the extent permitted and where we consider it appropriate, we also disclose personal data to third parties, be it because they process it on our behalf or because they wish to use it for their own purposes. This concerns in particular the following entities:

• Our service providers, both internal and external (e.g. banks, insurance companies), including commissioned processors (e.g. IT providers);
• Dealers, suppliers, subcontractors and other business partners;
• Customers;
• Domestic and foreign authorities, government agencies or courts;
• The public, including visitors to websites and social media;
• Competitors, industry organisations, associations, organisations and other bodies;
• Acquirers or parties interested in acquiring business divisions, companies or other parts of axelity ag;
• Other parties in potential or actual legal proceedings;

all collectively referred to as recipients.

These recipients are partly domestic but may be located anywhere in the world. In particular, you must expect the transmission of your data to all countries, as well as to other European countries and the USA, where the service providers we use are located.

6. Duration of Retention of Personal Data

We process and store your personal data for as long as is necessary for the fulfilment of our contractual and legal obligations or for the other purposes pursued by the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) and beyond, in accordance with statutory retention and documentation obligations. It is possible that personal data will be retained for the period during which claims can be asserted against our company and to the extent that we are otherwise legally obliged to do so or legitimate business interests require it (e.g. for evidentiary and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymised as a matter of principle and to the extent possible. For operational data (e.g. system logs), shorter retention periods of twelve months or less generally apply.

7. Data Security

We take appropriate technical and organisational security measures to protect your personal data against unauthorised access and misuse, such as IT and network security solutions, encryption of data carriers and transmissions, pseudonymisation and access controls.

8. Obligation to Provide Personal Data

In the context of our business relationship, you must provide the personal data that is necessary for the establishment and performance of a business relationship and the fulfilment of the associated contractual obligations (you generally have no legal obligation to provide us with data). Without this data, we will generally not be in a position to conclude a contract with you (or the entity or person you represent) or to perform such a contract. The website also cannot be used if certain information is not disclosed to ensure data traffic (such as the IP address).

9. Rights of the Data Subject

You have, within the scope of the data protection law applicable to you and to the extent provided therein, the right to access, rectification, erasure, the right to restriction of data processing and otherwise to object to our data processing, in particular that for direct marketing purposes and other legitimate interests in processing, as well as the right to receive certain personal data for the purpose of transfer to another entity (so-called data portability). Please note, however, that we reserve the right to assert the restrictions provided for by law on our part, for example where we are obliged to retain or process certain data, have an overriding interest in doing so (to the extent we may rely on this), or require it for the assertion of claims. If costs are incurred for you, we will inform you in advance. We have already informed you of the possibility of revoking your consent in Section 3. Please note that the exercise of these rights may conflict with contractual agreements and that this may have consequences such as early termination of the contract or cost implications. We will inform you of this in advance, unless this is already contractually regulated.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity document, where your identity is not otherwise clear or cannot be verified). To assert your rights, you may contact us at the address given in Section 1.

Every data subject also has the right to enforce their claims in court or to file a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch (opens in new window)).

For individuals residing in the EU/EEA, the national data protection supervisory authorities are additionally available (e.g. the Federal Commissioner for Data Protection and Freedom of Information in Germany, or the Austrian Data Protection Authority).

10. Amendments

We may amend this privacy policy at any time without prior notice. The current version published on our website shall apply. To the extent that the privacy policy is part of an agreement with you, we will inform you of the change by email or other suitable means in the event of an update.