USP Partner AG – Privacy Policy

A. Controller and company officer

The controller for the processing of personal data according to this privacy policy is USP Partner AG, Seestrasse 93, 8800 Thalwil, Switzerland (“USP”). The data protection officer at USP can be contacted at the stated postal address, by email to info@usppartner.ch or by telephone on +41 (0)43 388 3088.

B. Personal data and processing

Personal data means information that refers to a certain (identified or identifiable) natural person such as their name, address, telephone number, email address, data of birth and suchlike (“personal data”).

Processing means any operation which is performed on personal data, regardless of the methods or means applied, in particular collection, procurement, storage, use, editing, disclosure, archiving or erasure of data (“processing” or “to process”).

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (“processor”).

C. Purposes of processing

USP processes the data as specified in the following that is, either alone or in combination with other data, considered personal data. It does so for the following purposes:

1. Concerning visitors to the website

Type of data: IP address, location/GPS data, cookies, server log files, personal data when transmitting the contact form

Purpose of use: for the administration of the USP website (https://usppartner.ch), including all sub-domains (“website”) according to point G) below.

2. Concerning the contact form and registration on the website

Type of data: Email address, name, gender, date of birth, telephone number

Purpose of use: to process the enquiry and to complete your registration on the website

3. Concerning the application process

Type of data: Name, address, email address, date of birth, telephone number, curriculum vitae, references, photos and other relevant application documents submitted by the candidates

Purpose of use: for completion of the application process

D. Storage

Where required under relevant data protection laws, your personal data will be erased as soon as it is no longer required for the purpose for which it was collected (see above). In these cases, we store personal data

– in regard to the purpose mentioned above [1] and subject to compliance with statutory retention periods and rights: for as long as is useful to tailor your anticipated next visit to the website to your interests (refer to point G) or to administrate the website, including web analytics (tracking of and reporting on website traffic);

– in regard to the purpose mentioned above [2] and subject to compliance with statutory retention periods and rights: for as long as we are processing your enquiry or you are registered on the website;

– in regard to the purpose mentioned above [3]: for as long as you are actively listed in our database and work on our behalf.

E. Consent, legal basis, withdrawal and data protection rights

Where necessary for compliance with applicable data protection laws, we request your consent for the processing of personal data, which is then the legal basis for the processing. You acknowledge furthermore that – depending on the circumstances and the applicable data protection law – the legal basis for processing may also be the performance of a contract, the implementation of contractual measures or the protection of legitimate interests, such as, in particular, direct advertising or direct marketing, the transfer of data for internal administrative purposes within the group and the assurance of network and information security.

You have the right to withdraw your consent at any time, but without affecting the lawfulness of processing carried out until your withdrawal of consent. Moreover, you have the right in particular – depending on the circumstances and the applicable data protection laws – to disclosure or access to the

personal data concerning you, the right to rectification, erasure and restriction of processing, the right to object to processing, the right to lodge a complaint with a competent supervisory authority and the right to data transfer/portability.

The above rights have no effect on personal data that is processed for you as part of an ongoing contractual relationship or service or that we must or may retain for legal reasons.

Kindly contact the data protection officer using the details provided above in regard to withdrawal, exercise of your other data protection rights or if you have questions, suggestions or comments concerning data protection.

F. Data transfer

USP will not transfer your personal data to third parties, except where

– the privacy policy explicitly states otherwise;

– it is necessary for the protection of your interests;

– it is necessary to manage or maintain your customer relationship with USP; or

– you issued your prior consent in this regard.

USP is authorised nonetheless to transfer your personal data to other undertakings in the USP Group for the purposes set out in this privacy policy.

In addition, USP will appoint processors for the hosting, maintenance, administration and storage (e.g. backup and/or cloud storage) of your personal data; these processors will process your personal data to the extent necessary that is necessary to carry out such hosting, maintenance, administration and security measures and/or for similar purposes. Some of your personal data may be transferred outside of Switzerland and the European Union in this regard. Where USP stores personal data outside of Switzerland or the European Union in this regard, USP shall take all reasonable steps that are necessary to assure that adequate protection is afforded to your personal data in compliance with valid and applicable data protection laws.

G. Data processing through use of this website

By using this website, you consent to the processing and/or storage of your personal data according to the provisions of this privacy policy.

1. SSL encryption

This website uses SSL encryption for security reasons and to protect the transfer of sensitive content. Encrypted transfer is indicated by a switch from “http://” to “https://” and a padlock symbol in the address bar of your browser. Third parties are unable to eavesdrop on data that you transfer to us if SSL encryption is enabled.

2. Server log files

The provider of this website automatically collects and stores information in server log files, which your browser automatically transmits to USP. This information is, in particular:

– browser type and version;

– operating system;

– referrer URL;

– host name of the accessing computer;

– time of the server query;

– IP address.

This data cannot be used to identify a certain person. This data is not associated with data from other sources. USP reserves the right to analyse this data at a later date if concrete indications of unlawful use come to its attention.

3. Use of cookies

USP may use the following types of cookie and application:

3.1 Definition

Cookies are small files that are placed on your computer or mobile device when you use our website. They enable us to recognise your return to our website, even if we do not know who you are. Cookies do not harm your computer and do not contain viruses.

You can configure your browser to that it rejects cookies, stores them only for one session or otherwise deletes them prior to their expiry. The default setting on most browsers is to accept cookies. You may not be able to use some functions if you disable cookies.

3.2 Session cookies and permanent cookies

Session cookies are removed automatically at the end of your visit.

We also use permanent cookies. They remain on your computer or mobile device after the end of your browser session, until they are deleted by you. Our website can then automatically remember prior entries and recognise your preferred settings the next time you visit our website. Depending on their type, these cookies remain stored on your computer or mobile device for between one month and ten years and are automatically disabled at the end of the defined period. Their purpose is to improve our website’s ease of use and to make it more efficient and secure. For instance, these cookies enable us to show you page information that is tailored specifically to your interests.

3.3 Web analysis tools

This website uses Google Analytics, a web analysis service by Google LLC (USA) and Google Ireland Limited (“Google”) to continuously improve and optimise the Internet presence. This web analytics service provides USP with statistics and diagrams that permit conclusions on website usage. For this purpose, the data concerning use of this website is transferred to a dedicated server in the United States.

Google adheres to the data protection regulations of the U.S.–Swiss Privacy Shield and the U.S.–EU Privacy Shield and is registered with the Privacy Shield Program by the U.S. Department of Commerce. The IP address transferred by your browser through use of Google Analytics is not associated with other data from Google. Google will only transfer this data to third parties for compliance with legal obligations or within the framework of a data processing agreement. The cookies used by Google Analytics do not store personal data, apart from IP addresses (which are only transferred to Google in a complete form in exceptional cases and which do not necessarily represent personal data, even in their complete form). Visit the following links for more information about Google Analytics and data protection:

https://support.google.com/analytics/answer/6004245
https://www.google.com/analytics/learn/privacy.html

3.4 Google AdWords and Google conversion tracking

This website uses Google AdWords. AdWords is an online advertising program by Google. We use conversion tracking as part of Google AdWords. A cookie is transferred for conversion tracking when you click on an ad placed by Google. These cookies expire after 30 days and cannot identify users personally. If the user visits certain pages of this website before expiry of the cookie, we and Google can recognise that the user clicked on the ad and was redirected to this page.

Cookies assigned to each Google AdWords customer are unique. The cookies cannot be tracked beyond the websites of AdWords customers. The information obtained by the conversion cookie is used to compile conversion statistics for AdWords customers who have decided to use conversion tracking. Customers are notified of the total number of users who clicked on their ad and were directed to a page with a conversion tracking tag. However, they do not receive information with which users could be identified personally. You may object to this kind of use if you do not wish to participate in tracking. You can do this easily by adjusting the settings of your browser to disable the Google conversion tracking cookie. In this case, you will no longer be included in the conversion tracking statistics.

For more information about Google AdWords and Google conversion tracking, visit the Google privacy policy at https://www.google.de/policies/privacy/.

3.5 Google Maps

This website uses an API for the Google maps cartographic service. It is necessary to store your IP address in order to use the Google Maps functions. This information is usually transferred to a Google server in the United States and stored there. The provider of this site cannot influence this data transfer.

For more information about the handling of user data, visit the Google privacy policy at https://www.google.de/intl/de/policies/privacy/.

Google Maps is included in the interests of ensuring an attractive presentation of our online services and facilitating the location of places indicated by us on this website.

3.6 Enabling, disabling and deleting cookies

Cookies can be enabled, disabled and deleted in all browsers by selecting the appropriate settings or options. It is possible that some website functions will no longer be available if cookies are completely or partially disabled or deleted. You can also prevent collection of the data generated by the cookie and relating to your use of the website (including your IP address), its transfer to Google and its processing by Google by downloading and installing the browser plug-in which is available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

3.7 Cookies and personal data

The cookies used by us do not store personal data, apart from IP addresses (which do not necessarily represent personal data, even in their complete form). The cookies used by us are not assigned to a particular person.

4. Links to other websites

This website includes links to other websites. USP cannot influence whether their operators comply with applicable data protection rules. USP accepts no responsibility or liability for the third-party websites that are accessed by selecting these links.

H. Security and liability

USP takes reasonable measures to protect personal data from loss, misuse, unauthorised access, disclosure, modification or destruction. For this purpose, USP implements adequate technical and organisational security measures that are continuously updated in line with the state of the art. USP is unable to guarantee nonetheless the absolute security of data. USP hereby explicitly excludes, to the extent permitted by law, any liability for loss or damage that you may suffer or have suffered, either directly or indirectly, in connection with violations of this privacy policy, data processing by USP or a company belonging to the USP Group, your use of the website or information on the website. In addition to USP, this disclaimer of liability exempts all companies within the USP Group, as well as its partners, directors, corporate entities, employees and representatives.

I. Third-party consent

If you are acting as an agent or otherwise on behalf of a third party or are providing USP with information concerning a third party, you hereby declare that you are an authorised representative or agent of that third party and/or that you have obtained all necessary consents (as required by applicable law) from that third party for the collection, processing, use and disclosure of their personal data to or by us.

J. Final provisions

USP reserves the right to change the content of this privacy policy at any time and without prior notice. You are advised to consult this privacy policy from time to time.

The invalidity of one or several provisions of this privacy policy, now or in the future, does not affect the validity of the privacy policy as a whole. Any invalid or void provision will be replaced by a valid provision that most closely resembles the purpose of the invalid or void provision that violates this privacy policy.

This privacy policy is governed by Swiss substantive law, excluding its conflict of laws rules, except where other applicable data protection laws are mandatory. The exclusive place of jurisdiction is Thalwil, Switzerland, subject to any (additional) foreign places of jurisdiction that apply under mandatory foreign law.

USP
Version: August 2023

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