Privacy Policy1. General Information

1. Introduction

Moser-Baer AG has a business relationship with you and your company and looks forward to continuing to serve you with products, services and information in the future.

In this data protection declaration, we, Moser-Baer AG, explain how we collect or process personal data. This declaration is not an exhaustive description; other data protection declarations or general terms and conditions may regulate specific matters.

We attach great importance to the protection of your personal data. For this reason, we process personal data only in accordance with the applicable data protection law, in particular the Swiss Federal Data Protection Act (FADP) and, if and to the extent relevant, the EU General Data Protection Regulation (GDPR).

2. Responsible person

Responsible for the data processing described here is Moser-Baer AG, Spitalstrasse 7, 3454 Sumiswald, unless otherwise stated in individual cases. If you have any data protection concerns, please contact us (dataprotection@mobatime.com).

3. Collection and processing of personal data

Personal data is data that we can use to identify you and enables us to contact you. We primarily process personal data that we receive from our customers and business partners in the course of our business relationship with them and other persons involved or that you provide to us voluntarily. Insofar as this is permitted, we also take certain data from publicly accessible sources (e.g. commercial register, press, Internet, land register and debt enforcement register) or receive such data from authorities or other third parties. The personal data we process may include the surname, first name, business address, e-mail address, telephone number and function of you as well as your employees.

In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities (so that we can, for example, conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we conduct business with you personally). (e.g. so that we can conclude and process transactions with your employer with your help), information about you in correspondence and meetings with third parties, creditworthiness information (insofar as we process transactions with you personally), information about you which is given to us by persons close to you (family, advisors, legal representatives, etc.) so that we can conclude contracts with you. ) so that we can conclude or process contracts with you or involving you (e.g. references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions), Information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made), information from the media and Internet about you (if this is appropriate in the specific case, e.g. as part of an application, press review, marketing/sales, etc.), your addresses and, where applicable, your interests and other socio-demographic data (for marketing). 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, details of your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location details).

4. Purpose of data processing and basis

Moser-Baer AG uses personal data primarily to communicate with you and to conclude and process contracts with you and our business partners. This includes the purchase and sale of products, the manufacture of products, the provision of services and development services, support and training.

In addition, we process personal data of you and other persons, as far as permitted and as we deem appropriate, also for the following purposes:

Offering and further developing our products, services and websites, apps and other platforms on which we are present;
Communication with third parties and processing of their enquiries (e.g. applications, media enquiries);
Processes for needs analysis for the purpose of direct customer contact, as well as collection of personal data from publicly accessible sources for customer acquisition;
Advertising and marketing, insofar as you have not objected to the use of your data;
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 to combat fraud);
Ensuring our operations, in particular IT, the building, the vehicle fleet, our website and other platforms;
Purchase and sale of businesses, companies or parts of companies and other corporate transactions and related transfer of personal data as well as business management measures and where necessary to comply with legal and regulatory obligations.

When processing personal data for the purposes described in this statement, we rely, among other things, on our legitimate interest in maintaining, expanding and managing the business relationship and communicating with you as a business partner about our products and services.

Insofar as you have given us consent to process your personal data for specific purposes (for example, through your enquiry about Mobatime products and services, through an order, etc.), we process your personal data within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.

On social networks and other platforms operated by third parties, we may operate pages and other online presences (e.g. fan pages, channels, profiles) and collect and process data about you there (in particular contact and profile data) that you or the social networks give us. We receive the data when you come into contact with us via our online presence (e.g. calling up and commenting on posts). We receive aggregated or otherwise sufficiently anonymised data from the platforms for evaluation so that we can further develop the contributions and services we offer. We process the data in particular for communication, marketing purposes (including advertising on these platforms) and market research. We may distribute content published by you ourselves or delete or restrict content from or about you in accordance with the usage guidelines. Personal data may also be processed outside Switzerland and the European Economic Area (EEA) (in particular in the USA).

Furthermore, the platforms evaluate your use of our online presences and link this data with other data about you known to the platforms. They also process this data for their own purposes under their own responsibility, in particular for marketing and market research purposes (e.g. to personalise advertising) and to control their platforms (e.g. which content they display to you).

When using the platforms, other legal documents (e.g. GTC and terms of use) apply in addition to the corresponding data protection declarations in each case.

We currently use the following platforms:

Facebook incl. the so-called page insights of Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. We are jointly responsible for this with Meta Platforms Ireland Limited and have concluded the so-called “addendum for responsible parties” (https://www.facebook.com/legal/controller_addendum). You can find more information on data processing in Facebook’s privacy policy: https://www.facebook.com/privacy/policy.

Instagram incl. Insights by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbout, Dublin 2, Ireland. For more information regarding data processing, please see Instagram’s privacy policy: https://privacycenter.instagram.com/policy.

LinkedIn by LinkedIn Ireland, Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland, whereby data may also be transferred to the USA. We are jointly responsible with LinkedIn and have concluded the so-called “Page Insights Joint Controller Addendum” (https://legal.linkedin.com/pages-joint-controller-addendum). More information regarding data processing can be found in Linkedin’s privacy policy: https://www.linkedin.com/legal/privacy-policy.

TikTok by Technology Limited, a company incorporated in the Republic of Ireland with its registered office at 10 Earlsfort Terrace, Dublin, D02 T380, Ireland. For more information regarding data processing, please see TikTok’s privacy policy: https://www.tiktok.com/legal/page/eea/privacy-policy/

We typically use “cookies” and similar technologies on our websites to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website. This allows us to recognise you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (“permanent cookies”). However, you can set your browser to reject cookies, store them for one session only or otherwise delete them prematurely. Most browsers are preset to accept cookies. We use persistent cookies to remember user preferences (e.g. language, auto-login) so that we can better understand how you use our services and content. Some of the cookies are set by us and some are set by contractors with whom we work. If you block cookies, certain functionalities (such as voice dialing) may no longer work.

Every time you connect to a web server, certain information is logged and stored for technical reasons.

When you visit our website, information is automatically sent to our website server. This information includes the IP address of your computer, the date and time of access, the name and URL of the retrieved data, the website from which access is made (referrer URL), the browser type and version as well as other information transmitted by the browser (e.g. operating system of your computer, geographical origin, language setting). This information is temporarily stored in a so-called log file and kept in accordance with legal requirements. We process the data for the purpose of ensuring a smooth connection and comfortable use of our website as well as evaluating system security and stability.

We also include visible and invisible image elements in our newsletters and other marketing emails in part and to the extent permitted. By retrieving these from our servers, we can determine whether and when you have opened the email so that we can also measure and better understand how you use our offers and tailor them to you. You can block this in your email program; most are pre-set to do this.

By using our websites and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do so, you must set your browser or e-mail programme accordingly.

6.1 Technically necessary cookies

We use persistent cookies to store your personal user settings (especially regarding cookies and language selection on our website). We will not process any personal data about you. The purpose of the processing is to re-identify your personal settings on our website. These cookies are necessary for the functionality of our website. After six months at the latest, these cookies are automatically deleted from your system. You can also delete the cookies manually at any time. Please note that your user settings will be lost in the process.

6.2 Success and reach measurement

We use the following services in particular to measure success and reach:

Google Analytics from Google Ireland Ltd, with registered office in Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Ltd. relies on Google LLC, based in the USA, as its order processor. This involves monitoring and recording the way in which our website is used. Google Analytics uses permanent cookies to collect anonymous information (e.g. number of visitors to the website, origin of visitors, length of stay). As a matter of principle, we do not transmit any personal data or complete IP addresses to Google. Google provides us with the collected information in aggregated form. We do not have the possibility to identify the individual visitor. However, Google may use the additional data it collects and the knowledge gained from it for its own purposes. Google knows you if you have registered with Google. Google will then process your personal data under its own responsibility and in accordance with their data protection regulations. For more information regarding the data collected, please refer to the privacy policy of Google Ireland Limited at: https://policies.google.com/privacy

6.3 Advertising and marketing

We use the following services in particular for advertising and marketing purposes. The technologies used make it possible to address users who have already visited our website and online services and are interested in the offer again through targeted advertising on the pages of the partner network. The advertising is displayed through the use of cookies.

Google Remarketing (incl. Google DoubleClick) by Google Ireland Ltd, with its registered office in Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Ltd. relies on Google LLC, based in the USA, as its order processor. The privacy policy of Google Ireland Limited can be found at: https://policies.google.com/privacy

7. Extensions for the website

On our website, we use various extensions (plugins) from third parties in order to be able to use additional functions. In particular, we use extensions for the following functions:

7.1 Fonts

We use third party services to embed fonts (including logos, icons and symbols) into our website. In particular, we use the following services:

Google Fonts from Google Ireland Ltd, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Ltd. relies on Google LLC, based in the USA, as its order processor. The privacy policy of Google Ireland Limited can be found at: https://policies.google.com/privacy. Answers to frequently asked questions about data protection can be found here: https://developers.google.com/fonts/faq/privacy

7.2 Video

We use third party services to show you films on our website. In particular, we use the following services:

YouTube by Google Ireland Ltd, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Ltd. relies on Google LLC, based in the USA, as its order processor. YouTube’s privacy policy can be found at: https://support.google.com/youtube/topic/2803240?hl

Vimeo by Vimeo.com, Inc., Attention: Legal Department, 330 West 34th Street, 5th Floor, New York, New York 10001. Can be found at the following link: https://vimeo.com/privacy

We use social media plugins from social networks such as Facebook, Instagram, X (formerly Twitter) and LinkedIn on our website. You can recognize the corresponding plugins by the logo/icon that we have placed on our website. We have configured these plugins so that they are deactivated by default. By clicking on the respective logo/symbol, you activate the element. By activating the element, the operators of the respective social network register that you are on our website and, if applicable, further information. The operators can use this collected information for their own purposes. We have neither influence nor access to the cookies set by the operators. Your personal data will be processed by the respective operator in accordance with their data protection regulations. We do not receive any information about you from the operators.

7.4 Further extensions to make the website available

We use third party services to provide you with our website and to offer additional features. In particular, we use the following services:

Google APIs from Google Ireland Ltd, located at Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Ltd. relies on Google LLC, based in the USA, as its order processor. We use Google APIs to deliver our website content quickly and flawlessly across all devices. You can find Google’s privacy policy at: https://policies.google.com/privacy.
Typeform by TYPEFORM, S.L.., Carrer de Pallars 108 (Aticco), 08018 – Barcelona (Spain). We use Typeform to analyse the websites and user behaviour. You can find Typeform’s privacy policy at: https://admin.typeform.com/to/dwk6gt//.

Moser-Baer AG also discloses personal data to third parties within the scope of its business activities in accordance with section 4, insofar as this is permitted and appears appropriate, insofar as this is necessary for the processing of a business transaction. These are the following entities, collectively referred to as recipients:

Service providers of Moser-Baer AG (such as banks, insurance companies, IT providers, installation companies, forwarding agents, etc.);
Dealers, manufacturers, suppliers, subcontractors and other business partners;
domestic and foreign authorities, official agencies or courts;
Other parties in potential or actual legal proceedings;
Other companies of the Moser-Baer Group.

The recipients are located in Switzerland and abroad (in particular in the European Economic Area (EEA) and in the USA. In particular, you must expect your data to be transferred to all countries in which manufacturers, suppliers, service providers or Moser-Baer AG Group companies are represented. If Moser-Baer AG transfers data to a country without adequate legal data protection, we ensure an adequate level of protection by using appropriate contracts. In doing so, we rely on the so-called standard contractual clauses of the European Commission, which can be found here[1], or so-called Binding Corporate Rules for an adequate level of protection, or rely on the legal exceptions of consent, contract processing, determination of the data protection status of the data subject,

exercise or enforcement of legal claims, overriding public interests, the personal data published or because it is necessary to protect the integrity of the data subjects.

[1] https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj

9. Duration of the retention of personal data

Moser-Baer AG retains your personal data for as long as is necessary for the fulfilment of contractual and legal obligations or otherwise for the purposes pursued with the processing, as well as beyond this in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence 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 as far as possible.

10. Measures to protect your datar Processing

Moser-Baer AG takes appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse, such as access control to the building, network security, employee training, encryption of data carriers, etc.

The security policies and procedures are reviewed regularly to determine the effectiveness of the technical and operational measures.

11. Rights of the person concerned

Within the scope of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR), you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing as well as to the release of certain personal data for the purpose of transfer to another body (so-called data portability). Please note, however, that we reserve the right to enforce the restrictions provided for by law, for example if we are obliged to retain or process certain data, if we have an overriding interest in doing so (insofar as we are entitled to rely on this) or if we need the data to assert claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or costs. We will inform you in advance if this is not already contractually regulated.

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

In addition, every data subject has the right to enforce his or her 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 (https://www.edoeb.admin.ch).

12. Procedure in the event of a data breach

If Moser-Baer AG detects a data protection breach, i.e. sensitive data is lost or accessed, modified, used or otherwise misused by unauthorised persons, the following steps are taken:

Step 1: Contain the breach and conduct a preliminary assessment.

Step 2: Evaluate the risk to data subjects.

Step 3: Notification of data breach as soon as possible in accordance with legal requirements.

Further steps and measures are initiated in accordance with the Moser-Baer AG ICS guidelines.

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website (https://www.moser-baer.com/datenschutzrichtlinie/) will apply. Insofar as the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

Sumiswald, August 2023
Moser-Baer AG