Effective: 01.07.2024

Purpose

This Privacy Policy (“Policy”) applies to personal information received by Phoenix Systems AG, with its registered seat at Hardturmstrasse 103, 8005 Zürich, Switzerland, and its subsidiaries. This Policy governs your visit to our website, social media pages, and other online or wireless offerings that post a link to this Policy (hereinafter collectively referred to as “Websites”), as well as your use of our services.

If you have any questions about this Policy, you may contact us at Phoenix Systems AG, Hardturmstrasse 103, 8005 Zürich, Switzerland, or by emailing us at contact@phoenix-systems.ch. This Policy provides you with notice about how we collect and use your personal information, as well as what rights you have and how to exercise those rights.

Specific Information about this Policy

This Policy describes what personal information we collect about you, how your personal information may be used and shared (if at all), and how your personal information will be stored, and how you can access, modify, and if needed, request deletion of your personal information.

Changes to this Privacy Notice

We reserve the right to revise this Policy at any time. We will notify you of any material changes to the Policy by providing a link to the new Policy on our Websites. Therefore, we encourage you to periodically read this Policy to check for any revisions.

Data Privacy Statement

This Policy applies to every covered person, regardless of where you reside, who has dealings with us that resulting in the collection of personal information. However, please be aware that if you reside in Switzerland, this Policy is designed to meet the requirements of the Swiss New Federal Act on Data Protection (“nFADP”) the Ordinance to the Federal Act on Data Protection (“OFADP”), as well as the Telecommunications Act (“TCA”); if you are a resident of the European Economic Area, this explanation and summary of the Policy is designed to meet the requirements of the General Data Protection Regulation (“GDPR”). If you are a resident of the United States, this explanation and summary of the Policy is designed to meet the requirements of the California Consumer Privacy Act (“CCPA”), which became effective on January 1, 2020. If you are a resident of Canada, this Policy is designed to meet the requirements of the Personal Information Protection and Electronic Data Act (“PIPEDA”), and individual Provincial privacy laws.

Definitions

“Personal Information” means information relating to an identified or identifiable individual or under the current nFADP legal entity, such as Personal Information that we obtain about you when you interact with us via one of our Websites. Personal Information does not include any data that is anonymized or data that cannot identify you in any way.

The types of Personal Information we may collect include:

• Personal contact information, such as name, postal address, title, telephone number, and email address.

• Social media account information and other information you may share or make public when interacting with us on social media. The following Personal Information is, for example, collected, when you like, comment, or share our content: contact information, IP address, and liked/commented/shared content.

• Internet Protocol (IP) address associated with a computing device that you use to access our Websites as well as date and time of access, name and URL of the data accessed, the website from which access is made to our domain, your computer’s operating system and the browser you use, the country from which access to our website is made, and the name of your Internet provider.

Inferences drawn from the Personal Information listed above, in combination with other information collected during your visit to our Websites, which may be used to create a profile or summary about your commercial preferences, including your browsing habits while you visit our Websites.

How we collect your Personal Information

We may collect Personal Information about you that you voluntarily agree to provide when you visit our Websites. Such collection may occur when: (1) you communicate with us via email or other channels, like with our contact form; (2) you sign up for or request that we send you newsletters, alerts, or other materials; (3) you apply for a job with us; (4) you sign up for an event with us; (5) you respond to our communications or requests for information and (6) you visit our Websites.

Third-Party Sources:

We may receive information about you from other sources, such as social media platforms or our business affiliates when you interact with us on those sources or platforms or access our social media content. In some cases, we may collect information from third parties as directed by you. To obtain complete information about Third-Party Sources, we request that you consult the privacy policies of any third-party services.

Cookies and Web beacons:

We, our subsidiaries, and our service providers use various technologies to collect information about you, including cookies and web beacons (i.e. pixel tags). Cookies are small data files stored in the device memory of your computing device that help us to, among other things, improve your experience while using our Websites, see which areas and features of our Websites are popular, and count visits. Web beacons are clear, electronic images that may be used on our Websites or in our emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine if an email has been opened and acted upon.

How we use your Personal Information

We use your Personal Information for various specific purposes, including to:

• Respond to your inquiries or requests for information. In these cases, we process your Personal Information for the performance of a contract or to take steps prior to entering a contract according to art. 6 para. 1 lit. b GDPR or based on our legitimate interest (answering your inquiry) according to art. 6 para. 1 lit. f GDPR.

• Respond to your messages that you submit via our contact form. In these cases, we process your Personal Information, such as your first name, family name, e-mail, and your message to us based on our legitimate interest (answering your contact request) according to art. 6 para. 1 lit. f GDPR.

• Provide you with services and send service-related communications. In these cases, we process your Personal Information for the performance of a contract or to take steps prior to entering a contract according to art. 6 para. 1 lit. b GDPR.

• Send you newsletters, updates, event information, marketing communications, and other information that may interest you. In these cases, we process the Personal Information based on your consent according to art. 6 para. 1 lit. a GDPR. In some cases, you may receive marketing information on products because you have bought similar products. In the latter case we process your information based on our legitimate interest (marketing to pre-existing customers) according to art. 6 para. 1 lit. f GDPR. If you no longer wish to receive marketing communications from us, you can let us know by sending an email to contact@phoenix-systems.ch, or you may follow opt-out instructions included with those communications.

• Conduct data analytics studies to review and better understand how our Websites are being used. In these cases, we have a legitimate interest according to art. 6 para. 1 lit. f GDPR.

• Enable the use of the Websites (connection establishment), to ensure the long-term security and stability of the system and to optimize the Websites, and for internal statistical purposes. However, such information will not be linked to or stored with Personal Information. Only in the case of an attack on the network infrastructure of our Websites or in case of suspicion of other unauthorized or improper use of the Websites, the IP address will be evaluated for clarification and defense and, if necessary, used in criminal proceedings for identification and to bring legal action against the users concerned under civil and criminal law. In this case, we have a legitimate interest according to art. 6 para. 1 lit. f GDPR.

• Process your job application, which is enabled directly on our Websites. There you must directly enter specific Personal Information, such as your first name, family name, e-mail, phone, location and information about your education. You can upload other application documents such as your resume, on the Websites. In this case, we process your Personal Information for the performance of a contract or to take steps prior to entering a contract according to art. 6 para. 1 lit. b GDPR. Application documents of unsuccessful applicants will be deleted at the end of the application process, unless you explicitly agree to a longer retention period, or we are not legally obliged to retain them for a longer period.

Disclosing your Personal Information to Third Parties

Phoenix Systems AG does not sell your Personal Information to third parties.

We may share your Personal Information to our subsidiaries or non-related third-party service providers that perform services on our behalf. In many instances, these activities are for the purpose of completing a service request or inquiry from you, or to inform a previous user about new services which may be of interest. In these cases, we process your Personal Information for the performance of a contract or to take steps prior to entering a contract according to art. 6 para. 1 lit. b GDPR, or based on our legitimate interest according to art. 6 para. 1 lit. f GDPR. Personal data will be retained as long as necessary for providing you with the given service. For services involving remuneration, your personal data will be retained for up to ten years after the current year in accordance with bookkeeping regulations in Swiss Code of Obligations (Article 958f).

Data Sharing and Cross-Border Transfers

We may share your Personal Information with subsidiaries or affiliates of Phoenix Systems AG, when necessary to pursue our legitimate interests. In some instances, that sharing requires us to transfer your Personal Information to one or more of our affiliates outside of Switzerland, including to the United States, where your Personal Information is stored.

For the sake of completeness, we would like to point out that the U.S. authorities may take surveillance measures under U.S. law that allow general storage of all data transferred from the European Union or Switzerland to the United States. This is done without distinction, limitation, or exception, based on the objective pursued and without objective criteria that would allow limiting the access of the U.S. authorities to Personal Information and their subsequent use to specific, strictly limited purposes that justify access to such data. In addition, we would like to point out that there are no legal remedies in the U.S. for data subjects from EU Member States or Switzerland that would allow them to obtain access to the data concerning them and to obtain its correction or deletion, and that there is no effective legal protection against general access rights of the U.S. authorities. We expressly draw the data subject's attention to this legal and factual situation so that you can make an informed decision about consenting to the use of your data.

When we transfer your Personal Information to another country, we ensure that our affiliate can provide the same adequate protection of that data as we provide, through internal standard contractual clauses or binding corporate rules.

In addition, we may share your Personal Information with a third party to complete our business commitment to you or to comply with a legal obligation associated with our relationship, as necessary to administer that relationship with you or in relation to our Websites. In those situations, Phoenix Systems AG conducts the same evaluation of adequacy to ensure that your Personal Information is protected. We will ensure by contract that the third party will not be permitted to process your Personal Information for any other purposes and in any other manner than we would be permitted.

Phoenix Systems AG will not share or sell your Personal Information with a third party for any purpose other than to comply with a legal obligation, as necessary to facilitate or complete our business relationship with you or in relation with the optimization of the Websites. We do not sell your Personal Information to third parties for marketing purposes; our agreements with such third parties expressly prohibits them from using your Personal Information for marketing/promotional purposes.

Links to other Websites and Third-Party content

We may provide links to or embed content hosted by third-party websites, services, and applications that operate outside the control of Phoenix Systems AG. Third-party services may include an activity feed, social media buttons, and widgets. This Policy does not address the privacy, security, or other practices of third parties that provide such content. We encourage you to review the privacy policies of those third parties before providing any information to us through them.

Tracking-Tools

Google Analytics

The Websites uses Google Analytics, a web analysis service of Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, respectively Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA ("Google"). Google Analytics uses methods that allow an analysis of the use of the website, such as “cookies”. These generates information about your use of the Websites such as

· navigation path that a visitor takes on the site,

· length of stay on the Website or sub-page,

· the sub-page on which the Website is left,

· the country, region, or city from where access takes place,

· device (type, version, colour depth, resolution, width and height of the browser window),

· recurring or new visitors,

· browser type/version,

· the operating system used,

· the referrer URL (the page previously visited),

· host name of the accessing computer (IP address), and

· time of the server query

The information is used to evaluate the use of the Websites, to compile reports on the activities on the Websites and to provide other services related to the use of the Websites and the Internet for the purposes of market research and tailor-made website design.

As an alternative to the browser plug-in, you can amend your browser settings to prevent the collection of Personal Information by Google Analytics on this website in the future (see "Your Choices" below).

We use Google Analytics on the basis your consent according to art. 6 para. 1 lit. a GDPR.

Google Tag Manager

The Websites uses Google Tag Manager from Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Google Tag Manager is a solution by which the marketer can manage website tags via a surface. The Tag Manager tool is a domain without cookies that does not record Personal Information. The tool ensures the triggering of other tags, which may, under the circumstances, collect Personal Information on their part. Google Tag Manager does not access this data. If a deactivation has been made at the domain or cookie level, it remains for all tracking tags that are implemented with Google Tag Manager. You can prevent the placement of tags at any time (see "Your Choices" below).

YouTube:

On our website, we integrate plugins of the video portal YouTube of YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA ("YouTube"). YouTube is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Each time you visit a page that offers one or more YouTube video clips, a direct connection is established between your browser and a YouTube server in the USA. In the process, information about your visit and your IP address are stored. Through interactions with the YouTube plugins, this information is also transmitted to YouTube and stored by YouTube. For more information on the collection and use of your data by YouTube, please refer to the privacy policy of YouTube or Google: https://policies.google.com/privacy.

The legal basis for processing the data for this purpose is our legitimate interest according to Art. 6 para. 1 lit. f GDPR.

If you have a YouTube user account and do not want YouTube to collect data about you via this website and link it to your membership data stored with YouTube, you must log out of YouTube before visiting this website.

In addition, YouTube calls up the Google Analytics analysis tool via an iFrame in which the video is called up. This is YouTube's own tracking, to which we have no access. You can prevent tracking by Google Analytics by using the deactivation tools that Google offers for some Internet browsers.

Links to our social media presences:

We have incorporated links to our social media profiles on the following networks:

• GitHub of GitHub Inc., 88 Colin P Kelly Jr Street, San Francisco, CA 94107, USA, https://docs.github.com/en/site-policy/privacy-policies/github-privacy-statement;

• LinkedIn of LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale, CA 94085, USA https://www.linkedin.com/legal/privacy-policy

• YouTube, a service operated by Google Inc. https://policies.google.com/privacy.

If you click on the relevant social network icons, you will be automatically redirected to our profile on the relevant network. To use the functions of the relevant network there, you must partially log in to your user account for the relevant network. When you open a link to one of our social media profiles, a direct connection is established between your browser and the server of the relevant social network. This gives the network the information that you have visited our website with your IP address and accessed the link. If you access a link to a network while logged in to your account on the relevant network, the contents of our page may be linked to your profile in the network, which means that the network can link your visit to our Websites directly to your user account. If you want to prevent this, you should log out before clicking on the relevant links. An assignment takes place in any case if you log into the relevant network after clicking on the link.

Children’s Online Privacy

Phoenix Systems AG Websites are not intended for children under the age of 13. Phoenix Systems AG does not target Websites to children under 13 or knowingly collect information from children under the age of 13. Similarly, we do not normally collect Personal Information about children between the ages of 13 and 18; the exception to this normal rule would be if the parent or legal guardian of a child between 13 and 18 contractually provides us with consent to collect and process a child’s Personal Information.

Please contact us if you believe we have inadvertently collected Personal Information from a child under 18 without proper consent. This will allow us to delete such information as soon as possible.

Your Choices

• Withdrawal of Consent: You may withdraw your consent for us to collect, use, and disclose your Personal Information at any time with effect for the future by unsubscribing to any email or by sending us an email to contact@phoenix-systems.ch.

• Disabling Cookies: You may choose to disable our cookies via your internet browsers and computing devices. Most browsers and computing devices include settings that allow you to clear or decline cookies. The following pages explain how to configure the processing of cookies for the most common browsers:

o Microsoft Windows Internet Explorer

o Microsoft Windows Internet Explorer Mobile

o Mozilla Firefox

o Google Chrome for Desktop

o Google Chrome for Mobile

o Apple Safari for Desktop

o Apple Safari for Mobile

If you disable cookies, however, some of the features of our Websites may not function properly. To prevent your data from being used by Google Analytics or any other web-based analytical tool, you can install the appropriate opt-out browser add-on.

• Disabling Web Beacons: To prevent the use of Web Beacons, please set your email program so that no HTML is displayed in messages, if this is not already the case by default.

• Opt-Out Information: If you no longer wish to receive marketing communications from us, you can let us know by sending an email to contact@phoenix-systems.ch, or you may follow opt-out instructions included with those communications. If you choose to opt-out, we may still send you non-promotional communications (e.g., responses to questions you ask or information you solicit).

Your Rights and Obligations

Your duty to inform us of changes:

It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during the period in which our relationship is active.

Your rights in connection with Personal Information

Under certain circumstances, under applicable privacy laws, you have the right to:

• Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are processing is lawfully.

• Request correction of the Personal Information. This enables you to request that we correct errors in your Personal Information.

• Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your situation that causes you to object to processing on this ground.

• Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example, if you want us to establish its accuracy or reason for processing it.

• Request the transfer of your Personal Information to another party, which we may be able to do if it is feasible to do so (e.g., if such a transfer can be accomplished technically) or if it is appropriate to do so (e.g., if the other entity is willing to accept your Personal Information directly from us).

• Right to file a complaint with the competent data protection authority at any time.

• A final right you have is to request erasure of your Personal Information. This right enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have exercised your right to object to processing. However, you should be aware there are specific exemptions under which Phoenix Systems AG will NOT honor a request for erasure:

• Where we have an ongoing legal obligation to retain your Personal Information because of a regulatory requirement.

• Where retaining the information is necessary for us, our affiliates, or our service provider(s) to complete the transaction for which we collected the Personal Information, to provide a good or service that you requested, to take actions reasonably anticipated within the context of our ongoing business relationship with you, or to otherwise perform our contract with you; and

• Where the continued use of your Personal Information is necessary to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

If you want to review, verify, correct, or request erasure of your Personal Information, object to the processing of your Personal Information, revoke your consent or request that we transfer a copy of your Personal Information to another party, please contact us at Phoenix Systems AG, Hardturmstrasse 103, 78005 Zürich, Switzerland or via E-mail through contact@phoenix-systems.ch.

Information for European Economic Area and Swiss Residents

If you are a resident of Switzerland or a country in the European Economic Area (“EEA”), this portion of our Policy advises you of your rights and protections under applicable law regarding the processing of your “personal data,” as defined by the Swiss New Federal Act on Data Protection (“nFADP”), including the Ordinance to the Federal Act on Data Protection (“OFADP”), the Telecommunications Act (“TCA”), and the European General Data Protection Regulation (“GDPR”). When we process your personal data, we will only do so when we have your consent or if we can rely on any other legal basis permitting the processing of personal data. When processing is based on consent, you have the right to revoke your previously granted consent at any time with effect for the future by sending an email to contact@phoenix-systems.ch.

We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances, we may anonymize your Personal Information so that it can no longer be associated with you, in which case we may use such information without further notice to you. When permitted or it is appropriate to do so, we will securely destroy your Personal Information in accordance with applicable laws and regulations. There may be specific statutory data retention obligations. Swiss law requires, for example, that business communication, concluded contracts and booking receipts must be stored for up to 10 years.

We are entitled to pass on your personal data to third-party companies abroad as described above under "Disclosing your personal data to Third Parties". These third-party companies are obliged to respect your privacy to the same extent as we do. If the level of data protection in a country is considered inadequate within the meaning of the nFADP or the GDPR, we will ensure, by means of a contract, that your personal data is always protected according to Swiss regulations or the GDPR.

Information and Privacy Security

Phoenix Systems AG uses a variety of physical, administrative, and technological safeguards designed to protect your Personal Information against loss, misuse, and unauthorized access or disclosure and follows the applicable legal and regulatory requirements for safeguarding such information. We have dedicated information security programs and work hard to continuously enhance our technical and operational security measures. Our measures consider the sensitivity of the information we collect, use, and store, and the current state of technology. Our security measures include data encryption, firewalls, data use and access limitations for our personnel and subcontractors and physical access controls to our facilities and cloud-based data storage servers.

Please be aware that, despite our best efforts, no security measures are perfect. As a result, we cannot guarantee or warrant the security of any submitted Information. In the event of a security breach that involves your Personal Information, Phoenix Systems AG will notify the appropriate officials and notify you if we have reason to believe that your data has been compromised.

Data Protection Manager

We have appointed a data privacy manager to oversee compliance with this Policy. If you have any questions about this Policy or how we handle your Personal Information, please contact the data privacy manager.

If you have any questions about this Policy, please contact contact@phoenix-systems.ch.

Affirmative Consent and Withdrawal Right

I have read the above information presented by Phoenix Systems AG about this Policy, including the use of cookies. I hereby give affirmative consent to Phoenix Systems AG to collect and use my Personal Information in connection with its Websites. I am aware that I have the right to withdraw my consent at any time with effect for the future, by e-mail to contact@phoenix-systems.ch or in writing to Phoenix Systems AG at its mailing address at Hardturmstrasse 103, 8005 Zürich, Switzerland.