Privacy Notice of the TOELT LLC

1. What is this Privacy Notice about?

TOELT LLC (also «we», «us») collects and processes personal data that concern you but also other individuals («third parties»). We use the word «data» here interchangeably with «personal data».

«Personal data» means data relating to identified or identifiable individuals, which means that the relevant data, in combination with additional data, make it possible to draw conclu-sions about the identity of these individuals. «Sensitive personal data» is a subset of personal data that is specially protected under applicable data protection law. This includes, for ex-ample, data revealing racial or ethnic origin, health data, religious or philosophical beliefs, biometric data for identification purposes, and information relating to trade union member-ship. In Section 3, you will find information about the data we process in accordance with this Privacy Notice. «Processing» means any operation that is performed on personal data, such as collection, storage, use, alteration, disclosure and erasure.

In this Privacy Notice, we describe what we do with your data when you www.toelt.ai, obtain services or products from us, interact with us in relation to a contract, communi-cate with us or otherwise deal with us. When appropriate we will provide a just-in-time notice to cover any additional processing activities not mentioned in this Privacy Notice. In addition, we may inform you about the processing of your data separately, for example in consent forms, terms and conditions, additional privacy notices, forms and other notic-es.

If you disclose data to us or share data with us about other individuals, such as family members, co-workers, etc., we assume that you are authorized to do so and that the rele-vant data is accurate. When you share data about others with us, you confirm that. Please make sure that these individuals have been informed about this Privacy Notice.

This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection («revDPA». However, the application of these laws depends on each individual case.

2. Who is the controller for processing your data?

TOELT LLC, Dübendorf, Switzerland (the «TOELT LLC») is the controller for TOELT’s pro-cessing under this Privacy Notice, unless we tell you otherwise in an individual case

Contact email: info@toelt.ai.

3. What data do we process?

We process various categories of data about you. The main categories of data are the following:

• Technical data: When you use our website our hosting collect the IP address of your terminal device and other technical data in order to ensure the functionality and security of these offerings. We do not use cookies or analogous technologies. Technical data as such does not permit us to draw conclusions about your identity. However, technical data may be linked with other categories of data (and poten-tially with your person) in relation to user accounts, registrations, access controls or the performance of a contract.

Technical data includes the IP address and information about the operating system of your terminal device, the date, region and time of use and the type of browser that you use to access our electronic offerings. This can help us to provide an appropriate layout of the website or to show you a website customized for your region, for exam-ple. We know through which provider you access our offerings (and therefore also the region) because of the IP address, but usually this does not tell us who you are. How-ever, this changes for example when you create a user account, because personal da-ta can then be linked with technical data (for example, we can know the browser you use to access an account through our website). Examples of technical data include protocols («logs») that are created in our systems (for example the log of user logins to our website).

• Registration data includes the information you provide when you create an account on our website (for example username, password, name, e-mail). It also includes the data that we may require from you before you can use certain free services, such as, for example, our WLAN service, in this case: Name, e-mail and telephone number; or the redemption of vouchers, in this case: Name, address, contact details, time of re-demption. You must also register if you wish to subscribe to our newsletter. In rela-tion to access controls, we may need to register you with your data (access codes in badges, biometric data for identification) (see the category «other data»).

• Communication data: When you are in contact with us via the contact form, by e-mail, telephone, or by letter or other means of communication, we collect the da-ta exchanged between you and us, including your contact details and the metada-ta of the communication. If we have to determine your identity, we collect data to identify you (for example a copy of an ID document). We generally keep this data for 12 months from the last exchange between us. This period may be longer where required for evidentiary purposes, to comply with legal or contractual re-quirements, or for technical reasons. E-mails in personal mailboxes and written correspondence are generally kept for at least 10 years.

Communication data is your name and contact details, the means, place and time of communication and usually also its content (i.e. the content of e-mails, letters, chats, etc.). This data may also include information about third parties. For identification purposes, we may also process your ID document number or a password set by you or your press pass. For secure identification, the following required information must be provided for media inquiries: Publisher, name of publication, title, first name, sur-name, postal address, e-mail address and telephone number of the reporter.

• Master data: With master data we mean the basic data that we need, in addition to contract data (see below), for the performance of our contractual and other business relationships or for marketing and promotional purposes, such as name and contact details, and information about, for example, your role and function, your bank details, your date of birth, customer history, powers of attorney, signa-ture authorizations and declarations of consent. We process your master data if you are a customer or other business contact or work for one (for example as a contact person of the business partner), or because we wish to address you for our own purposes or for the purposes of a contractual partner (for example as part of marketing and advertising, with invitations to events, newsletters, etc.). We receive master data from you, from parties you work for, or from third parties such as contractual partners, and from public sources such as public registers or the in-ternet (websites, etc.). We generally keep master data for 10 years from the last exchange between us or from the end of the contract. This period may be longer if required for evidentiary purposes, to comply with legal or contractual require-ments, or for technical reasons. For contacts used only for marketing and advertis-ing, the retention period is usually much shorter, usually no more than 2 years from the last contact. Master data is not collected comprehensively for all con-tacts. The data collected in an individual case depends mostly on the purpose of the processing activity.

Master data includes data such as name, address, e-mail address, telephone number and other contact details, gender, date of birth, nationality, data about related per-sons, websites, social media profiles, photos and videos, copies of ID cards; moreover, details of your relationship with us (customer, supplier, visitor, service recipient, etc.), details of your status, allocations, classifications and mailing lists, details of our interactions with you (if applicable, a history thereof with corresponding entries), re-ports (for example from the media), or official documents (for example excerpts from the commercial register, permits, etc.) that concern you. As payment information, we collect, for example, your bank details, account number and credit card data. Decla-rations of consent and opt-out information are also part of the master data, as well as information about third parties, for example contact persons, recipients of services, advertising recipients or representatives.

In relation to contact persons and representatives of our customers, suppliers and partners, master data includes, for example, name and address, information about the role or function in the company, qualifications and (where applicable) information about superiors, co-workers and subordinates and information about interactions with these persons.

Master data is not collected comprehensively for all contacts. The data collected in an individual case depends mostly on the purpose of the processing activity.

• Contract data: This means data that is collected in relation to the conclusion or performance of a contract, for example information about the contracts and the services provided or to be provided, as well as data from the period leading up to the conclusion of a contract, information required or used for performing a con-tract, and information about feedback We generally collect this data from you, from contractual partners and from third parties involved in the performance of the contract, but also from third-party sources (for example credit information providers) and from public sources. We generally keep this data for 10 years from the last contract activity or from the end of the contract. This period may be long-er where necessary for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons.

• Other data: We also collect data from you in other situations. For example, data that may relate to you (such as files, evidence, etc.) is processed in relation to administrative or judicial proceedings. We may also collect data for health protec-tion (for example as part of health protection concepts). We may obtain or create photos, videos and sound recordings in which you may be identifiable (for exam-ple at events, with security cameras, etc.). We may also collect data about who enters certain buildings, and when or who has access rights (including in relation to access controls, based on registration data or lists of visitors, etc.), who partic-ipates in events or campaigns and who uses our infrastructure and systems and when. The retention period for this data depends on the processing purpose and is limited to what is necessary. This ranges from a few days for many security cam-eras, to a few weeks for contact tracing and visitor data, which is usually kept for 3 months, to several years or more for reports about events with images.

Much of the data set out in this Section is provided to us by you (through forms, when you communicate with us, in relation to contracts, when you use the website, etc.). You are not obliged or required to disclose data to us except in certain cases, for example within the framework of binding health protection concepts (legal obligations). If you wish to enter into contracts with us or use our services, you must also provide us with certain data, in particular master data, contract data and registration data, as part of your con-tractual obligation under the relevant contract. When using our website, the processing of technical data cannot be avoided. If you wish to gain access to certain systems or build-ings, you must also provide us with registration data.

4. For what purposes do we process your data?

We process your data for the purposes explained below.

We process your data for purposes related to communication with you, in particular in relation to responding to inquiries and the exercise of your rights (Section 11) and to en-able us to contact you in case of queries. For this purpose, we use in particular communi-cation data and master data. We keep this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries.

We process data also for the conclusion, administration and performance of contractual relationships.

We process data for marketing purposes and relationship management, for example to send our customers and other contractual partners personalized advertising for products and services from us and from third parties (for example from advertising partners). This may happen in the form of newsletters and other regular contacts (electronically, by e-mail or by telephone), through other channels for which we have contact information from you, but also as part of marketing campaigns (for example events, contests, etc.) and may also include free services (for example invitations, vouchers, etc.). You can ob-ject to such contacts at any time or refuse or withdraw consent to be contacted for mar-keting purposes.

We further process your data for market research, to improve our services and opera-tions, and for product development.

We may also process your data for security and access control purposes.

We process personal data to comply with laws, directives and recommendations from authorities and internal regulations («Compliance»).

We may process your data for further purposes, for example as part of our internal pro-cesses and administration or for quality assurance purposes and trainings.

5. On what basis do we process your data?

Where we ask for your consent for certain processing activities (for example for the pro-cessing of sensitive personal data, for marketing mailings, for personalized motion pro-files and for advertising management and behavior analysis on the website), we will in-form you separately about the relevant processing purposes. You may withdraw your con-sent at any time with effect for the future by providing us written notice (by mail) or, un-less otherwise noted or agreed, by sending an e-mail to us. Once we have received notifi-cation of withdrawal of consent, we will no longer process your information for the pur-pose(s) you consented to, unless we have another legal basis to do so. Withdrawal of consent does not, however, affect the lawfulness of the processing based on the consent prior to withdrawal.

Where we do not ask for consent for processing, the processing of your personal data re-lies on the requirement of the processing for initiating or performing a contract with you (or the entity you represent) or on our or a third-party legitimate interest in the particular processing, in particular in pursuing the purposes and objectives set out in Section 4 and in implementing related measures. Our legitimate interests also include compliance with legal regulations, insofar as this is not already recognized as a legal basis by applicable data protection law (for example in the case of the GDPR, the laws in the EEA and in the case of the DPA, Swiss law).

Where we receive sensitive personal data (for example health data, data about political opinions, religious or philosophical beliefs, and biometric data for identification purpos-es), we may process your data on other legal basis, for example, in the event of a dispute, as required in relation to a potential litigation or for the enforcement or defense of legal claims. In some cases, other legal basis may apply, which we will communicate to you separately as necessary.

6. What applies in case of profiling and automated individual decisions?

We may automatically evaluate personal aspects relating to you («profiling») based on your data (Section 3) for the purposes set out in Section 4, where we wish to determine preference data, but also in order to detect misuse and security risks, to perform statisti-cal analysis or for operational planning.

7. With whom do we share your data?

In relation to our contracts, the website, our services and products, our legal obligations or otherwise with protecting our legitimate interests and the other purposes set out in Section 4, we may disclose your personal data to third parties, in particular to the follow-ing categories of recipients:

Service providers: We work with service providers in Switzerland and abroad who process your data on our behalf or as joint controllers with us or who receive data about you from us as separate controllers .

Contractual partners including customers: This refers to customers and our other contrac-tual partners as this data disclosure results from these contracts. If you work for one of these contractual partners, we may also disclose data about you to that partner in this regard. These recipients also include contractual partners with whom we cooperate.

Authorities: We may disclose personal data to agencies, courts, and other authorities in Switzerland and abroad if we are legally obliged or entitled to make such disclosures or if it appears necessary to protect our interests. These authorities act as independent data controllers. Other persons: This means other cases where interactions with third parties follows from the purposes set out in Section 4.

All these categories of recipients may involve third parties, so that your data may also be disclosed to them. We can restrict the processing by certain third parties (for example IT providers), but not by others (for example authorities, banks, etc.).

8. Is your personal data disclosed abroad?

As explained in section 7, we disclose data to other parties. These are not all located in Switzerland. Your data may therefore be processed both in Europe and, in exceptional cases, in any country in the world.

If a recipient is located in a country without adequate statutory data protection, we re-quire the recipient to undertake to comply with data protection, unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing. Please note that data exchanged via the internet is often routed through third countries. Your data may therefore be sent abroad even if the sender and recipient are in the same country.

9. How long do we process your data?

We process your data for as long as our processing purposes, the legal retention periods and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement. You will find further information on the respective storage and processing periods for the individual data categories in Section 3, and for cookies in Sec-tion 12. If there are no contrary legal or contractual obligations, we will delete or anony-mize your data once the storage or processing period has expired as part of our usual processes.

10. How do we protect your data?

We take appropriate security measures in order to maintain the required security of your personal data and ensure its confidentiality, integrity and availability, and to protect it against unauthorized or unlawful processing, and to mitigate the risk of loss, accidental alteration, unauthorized disclosure or access.

11. What are your rights?

Applicable data protection laws grant you the right to object to the processing of your data in some circumstances, in particular for direct marketing purposes, for profiling car-ried out for direct marketing purposes and for other legitimate interests in processing. To help you control the processing of your personal data, you have the following rights in relation to our data processing, depending on the applicable data protection law: – The right to request information from us as to whether and what data we process from you; – The right to have us correct data if it is inaccurate; – The right to request erasure of data; – The right to request that we provide certain personal data in a commonly used electronic format or transfer it to another controller; – The right to withdraw consent, where our processing is based on your consent; – The right to receive, upon request, further information that is helpful for the exer-cise of these rights;

If you wish to exercise the above-mentioned rights in relation to us, please contact us in writing, at our premises or, unless otherwise specified or agreed, by e-mail; you will find our contact details in Section 2. In order for us to be able to prevent misuse, we need to identify you (for example by means of a copy of your ID card, unless identification is not possible otherwise).

Please note that conditions, exceptions or restrictions apply to these rights under appli-cable data protection law (for example to protect third parties or trade secrets). We will inform you accordingly where applicable.

12. Do we use online tracking and online advertising techniques?

We do not use any online tracking during your use of our website except from the tracking that our hosting is performing to create statistics about number of visitors of the website. We do not have access to those detailed logs. In essence, our hosting wish to distinguish access by you (through your system) from ac-cess by other users, so that they can ensure the functionality of the website and carry out analysis and personalization. However, even without registration data, the technologies our hosting use are designed in such a way that you are recognized as an individual visitor each time you access the website, for example by our server (or third-party servers ) .

13. What data do we process on our social network pages?

We may operate pages and other online presences («fan pages», «channels», «profiles», etc.) on social networks and other platforms operated by third parties and collect the data about you described in Section 3 and below. We receive this data from you and from the platforms when you interact with us through our online presence (for example when you communicate with us, comment on our content or visit our online presence). At the same time, the platforms analyze your use of our online presences and combine this data with other data they have about you (for example about your behavior and preferences). They also process this data for their own purposes, in particular for marketing and market re-search purposes (for example to personalize advertising) and to manage their platforms (for example what content they show you) and, to that end, they act as separate control-lers.

We process this data for the purposes set out in Section 4, in particular for communica-tion, for marketing purposes (including advertising on these platforms, see Section 12) and for market research. You will find information about the applicable legal basis in Sec-tion 5. We may disseminate content published by you (for example comments on an an-nouncement), for example as part of our advertising on the platform or elsewhere. We or the operators of the platforms may also delete or restrict content from or about you in accordance with their terms of use (for example inappropriate comments).

14. Can we update this Privacy Notice ?

This Privacy Notice is not part of a contract with you. We can change this Privacy Notice at any time. The version published on this website is the current version.

Last updated: December 2022.