MOVEAGAIN AG

PRIVACY POLICY & COOKIE GUIDELINES

Privacy Policy & Cookie Policy

Version from [01.06.2020]

The Privacy Policy (hereinafter under A) explains how we, Moveagain AG, Helenastrasse 3, 8008 Zurich, Switzerland (hereinafter referred to as "we", "us" or similar) collect and process personal data in connection with the operation and use of our website and online brokerage platform (hereinafter jointly referred to as "online platform") and its applications. Furthermore, the cookie guidelines (hereinafter referred to under B) explain how we use cookies and comparable technologies in this context.

The responsible and legally compliant handling of data is important to us. We comply at all times with applicable law, in particular Swiss data protection law and any applicable foreign data protection law, such as the EU Data Protection Basic Regulation (EU-DSGVO), according to whose standard this Data Protection Declaration & Cookie Guidelines are based.

If you are acting on behalf of a company, we may assume, irrespective of the internal regulations or circumstances of this company and commercial register entries and without further verification of entitlement, that you are authorised to act on behalf of the company in connection with the knowledge and/or acceptance of this data protection declaration & cookie guidelines. When we refer to "you", "your", "you" or similar in this Privacy Policy & Cookie Policy, we mean the company you are acting for and its employees.

A PRIVACY POLICY

1. Collection and processing of personal data

Personal data is defined as all information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, in particular its collection, storage, retention, use, modification, disclosure and deletion.

We primarily process personal data that we receive from you or collect about you in connection with the operation and use of our online platform and its applications. The entry of personal or business data on our online platform and its applications is voluntary.

In addition to the personal data that you provide us directly (e.g. when ordering services, 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 information from public registers (e.g. information from public registers (e.g. debt enforcement register or commercial register), creditworthiness information (if we do business with you), your interests and other socio-demographic data (for marketing purposes), if applicable, as well as data in connection with the use of our online platform and its applications (e.g. IP address, MAC address, settings and other details of the device used, date and time of the visit, web pages and contents called up, functions used, referring website, location details).

If you provide us with personal data of other persons (e.g. family members, work colleagues), you must ensure that these persons have agreed to such provision and have taken note of the contents of this privacy policy.

2. Purpose of data processing and legal basis

We process personal data primarily for the following purposes:

  • Management of your customer account
  • Conclusion and processing of contracts for services that you order on our online platform and its application
  • Ensuring the operation of our online platform and its applications
  • Responding to inquiries that you send us via contact and feedback forms on our online platform and its applications
  • Compliance with our legal obligations at national and international level

In addition, we process personal data of you and other persons, to the extent permitted by law and as far as we deem appropriate, also for the following purposes in which we have a legitimate interest corresponding to the purpose:

  • Further development of our online platform and its applications as well as our offers and services
  • Marketing (e.g. sending newsletters), unless you have objected to this use of your personal data
  • Assertion of legal claims and defence in connection with legal disputes and official proceedings

We process personal data in accordance with Swiss data protection law and, if and insofar as applicable, with the EU-DSGVO. With reference to the EU DSGVO, we process personal data with the consent of the data subject (Art. 6 para. 1 lit. a EU DSGVO), for the purpose of fulfilling a contract with the data subject and for implementing appropriate pre-contractual measures (Art. 6 para. 1 lit. b EU-DSGVO), to fulfil a legal obligation to which we are subject under any applicable EU law or under the law of any country in which the EU-DSGVO is applicable in whole or in part (Art. 6 para. 1 lit. c EU-DSGVO), and to safeguard the legitimate interests of us or of third parties, unless the interests or fundamental rights and freedoms of the data subject outweigh these. Legitimate interests include in particular our commercial interest in being able to operate our online platform and its applications, information security, the enforcement of our own legal claims and compliance with Swiss law (Art. 6 para. 1 lit. f EU-DSGVO).

If you have given us your consent to process your personal data for specific purposes (e.g. when registering for a newsletter), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and we need one. A granted consent can be revoked at any time, but this has no effect on data processing that has already taken place.

3. Duration of retention of personal data

We process your personal data for as long as this is necessary for the purposes pursued with the processing or for the fulfilment of our contractual and statutory obligations and, in addition, in accordance with the statutory storage and documentation obligations.

We may retain personal data for the time during which claims may be asserted against our company (i.e. in particular during the statutory limitation period) and insofar as we are otherwise legally obliged to do so or legitimate business interests require it (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, we will delete or anonymise it as far as possible. In the case of longer-term storage obligations, we will restrict processing as far as possible.

4. Transfer of personal data

Within the scope of the purposes mentioned in section 2 and our business activities, we disclose your personal data to third parties, in particular to our service providers, suppliers and auxiliary persons (e.g. hosting providers, software suppliers, IT service providers, providers of newsletter services, collection service providers, banks, legal advisors/lawyers) as well as authorities, offices or courts in Switzerland and abroad, as far as legally permissible and as we deem appropriate.

If we transfer data to a country without adequate legal data protection, we will ensure an adequate level of protection as required by law by means of appropriate contracts or rely on the legal exceptions, in particular the exceptions relating to consent, contract execution and the establishment, exercise or enforcement of legal claims.

5. Third party services

5.1 Newsletter

We use MailChimp, a service of The Rocket Science Group LLC in Atlanta, USA ("MailChimp") for sending out our newsletter.

If you subscribe to our newsletter, MailChimp will first send you an e-mail in which you can confirm your subscription to the newsletter ("Double-Opt-In"). MailChimp stores your e-mail address and any other data you provide during the registration for the newsletter, the date of registration and the IP address under which the registration was made. MailChimp stores and processes this data in the USA. For further information please refer to their privacy policy under the following link:

https://mailchimp.com/legal/privacy

We use the data provided by you within the scope of the newsletter registration or separately to send you our newsletter regularly by e-mail based on your consent. You can unsubscribe from the newsletter at any time and can either be done by sending a message to the addresses given in paragraph 7 or by using a link provided for this purpose in the newsletter. After unsubscribing, your e-mail address and the other data provided during the newsletter registration process will be deleted, unless you have expressly consented to further use of your data or we reserve the right to use your data in accordance with this data protection declaration.

In our newsletters, we use techniques (e.g. visible and invisible image elements and/or links), as far as permitted, to determine whether and when you opened the newsletter and which links were clicked on, and to measure and better understand how you use our offers and to be able to tailor them to you.

By agreeing to receive newsletters, you consent to the use of the techniques used in our newsletters. Most e-mail applications are preset to allow the use of these techniques. If you do not want this, you must adjust the settings of your e-mail application (e.g. Microsoft Outlook) accordingly.

5.2 Credit assessment

If we make advance payments (e.g. in the case of an order on account), we or a third party called in by us will obtain creditworthiness information about you in order to protect the legitimate interests. For this purpose, we transmit the personal data required for a credit assessment to the third party or the corresponding information centres. The information obtained on the probability of a payment default is used for a balanced decision on the establishment, execution or termination of the contractual relationship. On request, we will be pleased to inform you with which third party and which information centres we work together.

5.3 Other third-party services

Google Analytics:

We use Google Analytics. This service of Google LLC in Mountain View, USA ("Google") enables us to measure and evaluate the use of our online platform and its applications in a non-personal way. The service uses permanent cookies that Google sets. Google does not receive any personal data from us (nor does it keep IP addresses), but it can track your use of our online platform and its applications, combine this information with data from other websites you have visited and which are also tracked by Google, and use this information for its own purposes (e.g. controlling advertising). If you have registered with Google yourself, Google also knows you. The processing of your personal data by Google is the responsibility of Google in accordance with its privacy policy. Google only informs us how our online platform and its applications are used, without providing any personal information about you. Google has undertaken to ensure an appropriate level of data protection in accordance with the American-European and the American-Swiss Privacy Shield. You can find further information in Google's privacy policy under the following link:

https://policies.google.com/privacy

Google Ads and Google Conversion-Tracking:

We use Google Ads. This service provided by Google LLC in Mountain View, USA ("Google") is an online advertising program. As part of Google Ads, we use what is known as conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. If you subsequently visit certain pages on our online platform and the conversion cookie has not expired, Google and we can recognize that you clicked on the ad and were redirected to that page. Google uses the information collected through the conversion cookie to generate conversion statistics for us and other Google Ads customers. We learn the total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not receive any information from Google that can be used to identify you personally. Google is committed to ensuring an adequate level of data protection in accordance with the American-European and the American-Swiss Privacy Shield. For more information, please see Google's privacy policy at the following link:

https://policies.google.com/privacy

Google Maps, Google Invisible reCAPTCHA and YouTube:

We use Google Maps to embed maps, Google Invisible reCAPTCHA to protect against bots and spam, and YouTube to embed videos. These services of Google LLC in Mountain View, USA ("Google") use cookies, among other things, and data is transferred to Google in the USA, although we assume that no personal tracking takes place in this context solely through the use of our online platform and its applications. Google is committed to ensuring an appropriate level of data protection in accordance with the American-European and the American-Swiss Privacy Shield. You can find further information in Google's privacy policy under the following link:

https://policies.google.com/privacy

Facebook Pixel, Facebook Custom Audiences and Facebook-Conversion:

We use the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc. in Menlo Park, USA or, if you are resident in the EU, by Facebook Ireland Ltd. in Dublin, Ireland ("Facebook"). The Service is designed to analyze the use of our online platform and its applications, so that we can optimize the offer of our online platform and its applications as well as our advertising on the basis of this analysis. With the help of the Facebook pixel, Facebook is able to determine you as a visitor to our online platform as a target group for the display of ads (so-called "Facebook Ads"). Accordingly, we use the Facebook pixel to display the Facebook Ads placed by us only to those Facebook users who have also shown interest in the offerings of our online platform and its applications or who exhibit certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook Ads correspond to the potential interest of users and do not appear to be annoying. In addition, the Facebook Pixel enables us to track the effectiveness of our Facebook Ads for statistical and market research purposes by seeing whether users were redirected to our online platform after clicking on our Facebook Ads (so-called "conversion"). The processing of your personal data by Facebook is the responsibility of Facebook in accordance with its privacy policy. Facebook has undertaken to guarantee an appropriate level of data protection in accordance with the American-European Privacy Shield. Further information can be found in the Facebook privacy policy under the following link:

www.facebook.com/about/privacy

Social Plugins:

On our online platform we use so-called social plugins from social networks such as Facebook, Twitter and Pinterest. The social plugins can usually be recognized by the logos/symbols of the respective social networks. The social plugins enable you to share certain contents of our online platform (e.g. a blog entry). When you access our online platform, your browser establishes a connection to the servers of the respective social network and transmits certain usage data (including the information that you are on our online platform) to its operator.

We have no influence on the type and scope of the data collected in this process and their subsequent processing by the operators of the respective social networks. The processing of the data is the responsibility of these operators according to their data protection regulations. You will find these under the following links:

Facebook: www.facebook.com/about/privacy/ and www.facebook.com/help/?faq=186325668085084

Twitter: https://twitter.com/de/privacy

Pinterest: http://about.pinterest.com/privacy/

6. Rights of the data protection subjects

Persons in respect of whom we process personal data have the right to obtain from us confirmation as to whether personal data is being processed by us and, if so, information about our processing of their personal data. Furthermore, if provided for under the data protection law applicable to them (in particular the EU-DSGVO), data subjects may have the processing of their personal data restricted, exercise their right to data transferability, have their personal data corrected, deleted ("right to be forgotten") or blocked, revoke consents given and object to the processing of their personal data. The exercise of the aforementioned rights generally requires that you clearly prove your identity. Please send us a copy of your identity card for this purpose if your identity is otherwise not clear or cannot be verified.

We reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain personal data, if we have an overriding interest in doing so (insofar as we are entitled to invoke this) or if we need it for the assertion of claims. Please note that the exercise of the aforementioned rights may conflict with contractual agreements between you and us (e.g. concerning the provision of services which you have ordered via our online platform) and this may lead to consequences such as the premature termination of the contract or costs. In these cases we will inform you in advance.

In addition, persons about whom we process personal data have the right to enforce their claims in court and a right of appeal to a competent supervisory authority for data protection. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC). Information on the FDPIC can be found under the following link:

http://www.edoeb.admin.ch

Data subjects and supervisory authorities may contact us by e-mail or by post at the addresses given in Section 7.

7. Third party responsibility

Responsible for the data processing described in this privacy policy is Moveagain AG. If you have any data protection concerns, you can contact our data protection officer by e-mail or letter post. You can reach him as follows:

Moveagain AG
Alexander Renner
Helenastrasse 3, 8008 Zürich, Schweiz
info@moveagain.ch

8. Data security

We take adequate technical and organisational security measures to protect your personal data fromunauthorised access and misuse (e.g. encryption of data carriers and data transmissions, accessrestrictions). Access to our online platform and its applications is carried out using SSL/TLSencryption.

B COOKIE-GUIDELINES

1. Use of cookies and other tracking techniques

On our online platform and its applications, we use cookies and comparable technologies to identify your browser or your device and thus enable the use of certain functions and to make visiting and using our online platform and its applications more attractive. Cookies are small files that are sent to your device or automatically stored on your device by the browser used when you access our online platform. Among other things, this enables us to recognise you when you visit our online platform again. We use so-called "session cookies", which are used during your visit to our online platform and are deleted again when you close your browser, as well as so-called "permanent cookies", which store user settings and other information for a certain period of time. We use "permanent cookies" in particular to store certain user settings (e.g. language) and to analyse the use of our offers and content so that we can optimise these offers and content based on the analyses. Some cookies are set by us, others by service providers of ours (e.g. Google).

By using our online platform and its applications you agree to the use of cookies. If you do not want this, you must leave our online platform or adjust the settings of your browser accordingly (see section 2).

2. Adjustment of the browser settings

Most browsers are pre-set to allow the use of cookies. In the settings of your browser, however, you have the possibility, among other things, to block cookies, to save them only for one browser session or to delete them prematurely. If you block cookies, it is possible that certain functions of our online platform and its applications (e.g. language selection, ordering processes) will no longer function or will not function correctly.

C AMENDMENT

We may change this Privacy Policy & Cookie Policy at any time without notice. The current version published on the online platform applies.

Cookie-Statement:

This website uses cookies to enable the use of certain functions and to make visiting our website more attractive. If you remain on our website, you agree to the use of cookies in accordance with the Privacy Policy & Cookie Guidelines.