Privacy Policy of FACTPOINT AG

1. Introduction

In accordance with Article 13 of the Swiss Federal Constitution and the data protection provisions of the Federal Act on Data Protection (FADP), every individual has the right to privacy and protection against the misuse of their personal data.

When using this website and our services, your personal data is processed by us as the data controller and stored for the period necessary to fulfill the defined purposes and legal obligations.

This Privacy Policy explains how FACTPOINT AG ("we," "our," or "the company") handles data collected from users, in particular those accessing our website at FACTPOINT.ch ("Website") or otherwise providing us with personal data (collectively, "Users").

Below, we inform you about the types of data collected, how they are processed, and what rights you have in this regard.

2. Legal Basis for Data Collection

The processing of your personal data (i.e., any data that allows your identification by reasonable means) is necessary to:

• Provide our services to you
• Protect our legitimate interests
• Comply with legal and regulatory financial obligations
• Fulfill our contractual obligations toward you

By using this website, you consent to the collection, storage, use, disclosure, and other processing of your personal data as described in this Privacy Policy.

3. What Data Is Collected?

Depending on your relationship with us, we process different types of personal data for different purposes and based on different legal grounds.

We collect two types of data and information from Users:

Non-personal data: This includes non-identifiable and non-identifying user information that is collected through website usage ("Non-Personal Data"). We do not know the identity of the user from whom Non-Personal Data is collected. Such data may include aggregated usage data and technical information transmitted by your device, such as browser type, operating system, language settings, and access times. We may also collect data about your activity on the website.

Personal Data: Personal Data refers to information that can identify you as an individual or that relates to an identifiable person ("Personal Data"). We collect Personal Data when you provide it to us directly or when it is generated through your use of our services. This may include:

• Contact details: Name, email address, phone number, postal address, and other identifiers.
• Transaction data: Records of purchases, payments, or interactions with our services.
• Communication data: Information provided through inquiries, feedback, or customer support interactions.
• Website usage data: When linked to an identifiable user, certain technical data (e.g., IP address, device information, and browsing activity) may also be considered Personal Data.

We collect and process Personal Data only when necessary for providing our services, fulfilling legal obligations, or based on your consent.

3.1 Visiting Our Website
When you access our website, your browser automatically sends information to our server. This information is temporarily stored in a log file and includes:

• IP address of the requesting computer
• Date and time of access
• Name and URL of the accessed file
• Referring website
• Browser type, browser version, and other information sent by the browser, such as operating system, internet service provider, geographical origin, language settings, etc.

These data are processed for the following purposes:

• Ensuring smooth website connectivity and functionality
• Evaluating system security and stability

The legal basis for this data processing is our legitimate interest under Article 13(1) FADP or Article 6(1)(f) GDPR. These data are collected for statistical purposes and to improve the quality of the website and its content. Under no circumstances do we use this data to draw conclusions about your identity or create user profiles.

Session cookies are deleted once your session ends. You can also manually delete session cookies in your web browser.

4. Cookies
Our website uses cookies. These are small files that your browser automatically stores on your device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not allow us to identify you personally.

We use cookies to:

• Ensure the website functions properly
• Collect statistical data on website usage to optimize user experience

Most internet browsers accept cookies by default. Cookies have different storage durations. If you do not wish to store cookies from our website on your device, you can adjust your browser settings accordingly. However, please note that disabling cookies may limit the functionality of our website.

4.1 Technically Necessary Cookies
Technically necessary cookies enable website functionality. You can delete these cookies at any time through your web browser.

We process these cookies based on our overriding legitimate interest. To store your personal settings regarding cookies and language preferences on our website, we use a logging cookie. No personal data is processed in this context. Processing is solely for the purpose of identifying your personal settings on our website and is based on our legitimate interest under Article 13(1) FADP.

4.2 Non-Essential Cookies
You can delete non-essential cookies at any time via your web browser.

We only process non-essential cookies with your voluntary consent, as required under Article 13(1) FADP.

5. Data Processing and Disclosure to Third Parties

When processing your data, we may rely on professional external service providers, particularly for website operation and maintenance.

We only disclose your personal data to third parties if:

• You have given us your explicit consent
• The disclosure is necessary for the establishment, exercise, or defense of legal claims or our other legitimate interests, and there is no reason to assume that you have an overriding interest in the non-disclosure of your data
• There is a legal obligation to disclose the data
• It is legally permissible and necessary for the execution of contractual relationships with you or for the purposes outlined in this Privacy Policy

6. Data Security

We take appropriate measures to ensure that your personal data is not accessed, altered, or stolen by unauthorized third parties. These measures include technical safeguards (e.g., firewalls, SSL encryption) and organizational measures (e.g., restricted access permissions). Our data processing and security measures are continuously updated to reflect technological advancements.

Please note that data transmission over the internet (e.g., email communication) may have security vulnerabilities. Despite extensive security precautions, data loss or unauthorized access and manipulation cannot be entirely ruled out. As a user, it is your responsibility to take appropriate security measures.

7. Data Retention

We retain your personal data for as long as necessary to comply with applicable laws or for the purposes for which they were collected. We delete your data when they are no longer needed and, in any case, after the maximum legally required retention period.

Specifically, we retain data for the following periods:

• Data processed for legal compliance is retained for the statutory retention period (e.g., employment, social security, tax, or business record laws).
• Data required for contract fulfillment is retained for the duration of the contract and up to 10 years thereafter, unless needed to assert our legal claims.
• Data processed for legitimate interests is retained for up to 10 years after the end of the contractual relationship unless needed to assert our legal claims.

8. Your Rights

Depending on applicable law, you may have the right to:

• Request information about your stored personal data
• Request the correction, blocking, or deletion of inaccurate or incomplete data
• Receive the personal data you provided in a structured, commonly used, and machine-readable format
• Withdraw your consent to data processing at any time

Please note that these rights are not absolute and may be subject to our own legal interests and regulatory requirements.

If you wish to exercise your rights, you may contact the management of FACTPOINT AG at:

FACTPOINT AG, Baarermattstrasse 8D, 6340 Baar, Switzerland

9. Updates or Changes to This Privacy Policy

We reserve the right to amend this Privacy Policy at any time.

Last updated: August 22, 2023