^{Privacy Notice}

^{With this Privacy Notice we, Intellyse AG (hereinafter Intellyse, we or us), describe how we collect and further process personal data. This Privacy Notice is not necessarily a comprehensive description of our data processing. It is possible that other privacy notices or General Terms and Conditions or similar docu-ments are applicable to specific circumstances.}

^{The term "personal data" in this Privacy Notice to shall mean any information that identifies, or could rea-sonably be used to identify any natural person.}

^{If you provide us with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Privacy Notice and only provide us with their data if you are allowed to do so and such personal data is correct.}

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

^{1. Controller}

^{The "controller" of data processing as described in this Privacy Notice (i.e. the responsible person) is:}

^{Intellyse AG}

^{Hufgasse 17}

^{8008 Zürich}

^{a.deperregaux@intellyse.com}

^{2. Collection and Processing of Personal Data}

^{We primarily process personal data that we obtain from our customers (or their employees) and other business partners as well as other individuals in the context of our business relationships with them, from our employees (including former, temporary and future, and also externals working on site), applicants and other interested parties or that we collect from users when operating our websites, applica-tions/software.}

^{Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet), from authorities or other third parties (such as e.g., credit rating agencies, list brokers). Apart from data you provided to us directly, the catego-ries of data we receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your em-ployer), information about you in correspondence and discussions with third parties, credit rating infor-mation (if we conduct business activities with you personally), information about you given to us by individ-uals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank de-tails, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address, contact details (such as email and phone number) and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or comput-ers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).}

^{3. Purpose of Data Processing and Legal Grounds}

^{We primarily use collected data in order to conclude and process contracts with our customers and busi-ness partners, in particular in connection with the provision and development of services and products in the field of information technology, in particular the provision of AI-based software solutions and consult-ing services as well as technical support, training and workshops for the effective use of AI-supported solutions and the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data pro-cessing in your capacity as an employee of such a customer or business partner.}

^{In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties') legitimate interest, such as:}

• ^{communication and processing of requests (e.g., employees, customers, interested parties, media inquiries, etc.);}
• ^{customer relationship management (e.g. communication with customers, customer contracts);}
• ^{finance and accounting, audit;}
• ^{an employee’s suitability for the job (recruiting, e.g. clarifications in connection with job applica-tions, job interviews, contract negotiations);}
• ^{the performance of the employment contract (human resources administration, e.g. salary, bonus, vacations and expenses, insurance, taxes; IT administration, e.g. device management);}
• ^{providing and developing our products, services and websites, applications/software and other platforms, on which we are active;}
• ^{review and optimization of procedures regarding needs assessment for the purpose of direct cus-tomer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;}
• ^{advertisement and marketing (including organizing events, newsletters, sales intelligence), provid-ed that you have not objected to the use of your data for this purpose (in which case, we may put you on a “blacklist”; if you are part of our customer base and you receive our advertisement, you may object at any time);}
• ^{market and opinion research, media surveillance;}
• ^{asserting legal claims and defense in 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 operation and observation (application performance monitoring), including our IT, our websites, applications/software and other appliances;}
• ^{other measures to ensure the safety of our premises and facilities as well as protection of our em-ployees and other individuals and assets owner by or entrusted to us (such as e.g. access controls, visitor logs, network and mail scanners);}
• ^{acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of Intellyse.}

^{If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we re-quire one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.}

^{4. Cookies / Tracking}

^{When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details about your visit. Please be aware that while this information may not be personally identifying by itself, it may be possible to use it in the event of attacks on our IT infrastructure or other possibly unauthorized or abusive use of our website and applications/software for the purpose of clarification and defense and, if necessary, in the context of criminal proceedings for identification and for civil and criminal proceedings against the persons.}

^{We typically use "cookies" on our websites and applications/software, which allow for an identification of your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit our website or install our applica-tions/software. If you revisit our website or use our applications/software, we may recognize you, even if we do not know your identity. Besides cookies that are only used during a session and deleted after your visit of the website ("session cookies"), we may use cookies in order to save user configurations in our web-apps and other information for a certain time period (e.g., two years) ("permanent cookies").}

^{Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cook-ies. We use permanent cookies for the purpose of saving user configuration (e.g., language, automated log in), in order to understand how you use our services and content. Certain cookies are sent to you from us, others from business partners with which we collaborate. If you block cookies, it is possible that certain functions (such as, e.g., language settings) are no longer available to you.}

^{In accordance with applicable law, we may include visible and invisible image files on our website and in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customize them. You may disable this in your e-mail program, which will usual-ly be a default setting.}

^{We currently use the following service providers and advertising partners:}

• ‍^{iubenda: iubenda s.r.l., Italy, is the provider of our Privacy Controls and Cookie Solutions. Iubenda collects the IP address, web browser information (user agent/type of device), referrer (page viewed by the user) and all the information possibly available on the http header. We have conclud-ed a Data Processing Agreement with iubenda: https://www.iubenda.com/terms-and-conditions/39701710. Further information can be found on: https://www.iubenda.com/privacy-policy/36700132.}
• ^{Hubspot: HubSpot, Inc., Two Canal Park, Cambridge, MA 02141, USA, is the provider of our web analytics on the website. Hubspot uses pixel tracking and a pseudonymous user identification for profiling. We have concluded a Data Processing Agreement with Hubspot: https://legal.hubspot.com/dpa. Further information can be found on: https://legal.hubspot.com/privacy-policy.}

^{5. Social Networks}

^{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. 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 research purposes (for example to personalize advertis-ing) and to manage their platforms (for example what content they show you) and, to that end, they act as separate controllers.}

^{We process this data for the purposes set out in Section 3, in particular for communication, for marketing purposes (including advertising on these platforms) and for market research. We may disseminate con-tent published by you (for example comments on an announcement), for example as part of our advertis-ing 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).}

^{For further information on the processing of the platform operators, please refer to the privacy infor-mation of the relevant platforms. There you can also find out about the countries where they process your data, your rights of access and erasure of data and other data subjects rights and how you can exercise them or obtain further information. We currently use the following platforms:}

• ‍^{We have a profile on LinkedIn at https://www.linkedin.com/company/intellyse. The provider is LinkedIn Ireland Unlimited Company, Dublin, Ireland. You can find more information on the data protection in their privacy notice: https://www.linkedin.com/legal/privacy-policy. Some of your da-ta will be transferred to the USA in the process. The processing of LinkedIn can be objected to here: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out. Further settings can be made via the objection form: https://www.linkedin.com/help/linkedin/answer/a1338610/data-processing-restriction-and-objection?lang=en. In connection with the operation of our LinkedIn pro-file, we use LinkedIn Page Analytics. We thus receive information about the use of our content. It helps us understand how our page is used and how to improve it. We have agreed our data protec-tion responsibilities according to the joint controller addendum: https://legal.linkedin.com/pages-joint-controller-addendum.}

^{6. Data Transfers}

^{In the context of our business activities and in line with the purposes of the data processing set out in Sec-tion 3, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appro-priate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:}

• ‍^{our service providers (externally, such as e.g. banks, insurances, fiduciaries), including processors (such as e.g. IT providers, in particular through Application Programming Interfaces [APIs], login service providers, cloud storage service providers, newsletter providers, CRM software provider, web analysis provider);}
• ^{dealers, suppliers, subcontractors and other business partners;}
• ^customers;
• ^{domestic and foreign authorities or courts;}
• ^{the media;}
• ^{the public, including users of our websites and social media;}
• ^{competitors, industry organizations, associations, organizations and other bodies;}
• ^{acquirers or parties interested in the acquisition of business divisions, companies;}
• ^{other parties in possible or pending legal proceedings.}

^{together Recipients.}

^{7. Transfer of Data Abroad}

^{Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particu-lar, you must anticipate your data to be transmitted to other countries in Europe, the European Economic Area (EEA) and the USA where some our service providers are located. Some of our service providers use sub-processors that can be located in any country worldwide.}

^{If a recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the revised European Commission’s standard contractual clauses, which can be accessed here), unless the recipient is subject to a legally ac-cepted 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 availa-ble generally by you and you have not objected against the processing.}

^{8. Retention Periods for your Personal Data}

^{We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs). Application documents are being deleted after four months.}

^{9. Data Security}

^{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.}

^{10. Obligation to Provide Personal Data to Us}

^{In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obliga-tions (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you repre-sent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).}

^{11. Profiling and Automated Individual Decision-Making}

^{We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly rele-vant for you more accurately. For this purpose, we may use evaluation tools that enable us to communi-cate with you and advertise you as required, including market and opinion research.}

^{In establishing and carrying out a business relationship, we generally do not use any fully automated indi-vidual decision-making. Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.}

^{12. Artificial Intelligence}

^{Certain of our services contain Artificial Intelligence (AI) applications that may process personal data. However, this is generally not the focus of our AI applications. Currently, the following of our services contain AI applications for the following purposes:}

• ‍^{bePro for analyzing procurement contracts, offers, spend data, SAP data;}
• ^{Freight Optimiser for analyzing freight invoices and tariffs;}
• ^{Chatbots for interaction with customers.}

^{Please note that you or your company may be considered the controller (i.e. the responsible person) with regard to the processing of personal data when using our AI applications as you or your company deter-mines the purpose and means of such processing. Intellyse might process the personal data as processor in which case we will provide you with a data processing agreement.}

^{We may use Microsoft Azure OpenAI Services or OpenAI’s API and have concluded a Data Processing Agreement in both cases (https://aka.ms/dpa; https://openai.com/policies/data-processing-addendum). In order to detect and mitigate harmful use of the Azure OpenAI Service, Microsoft logs the content you send to the Completions and image generations APIs as well as the content it sends back. If content is flagged by the Azure OpenAI service’s content filters, the content may be reviewed by an authorized Mi-crosoft full-time employee for purposes of (1) debugging in the event of a failure, (2) investigating patterns of abuse and misuse.}

^{If any AI applications entail a particular high risk for data subjects, we will inform about this separately.}

^{13. Your Rights}

^{In accordance with and as far as provided by applicable law, you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing in addition to right to receive certain personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising cer-tain rights will incur costs on you, we will notify you thereof in advance. We have already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.}

^{In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 1 above.}

^{In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch). You can find a list of authorities in the EEA here: https://edpb.europa.eu/about-edpb/board/members_en.}

^{14. Amendments of this Privacy Notice}

^{We may amend this Privacy Notice at any time without prior notice. The current version published on our website shall apply.}

^{Version effective as of May 2024}

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