PREAMBLE

Protecting privacy including personal data is very important to us, including ensuring adequate protection of personal data. This document explains our policies with regards to how we handle personal data, the data we collect, the purposes of processing, and the legal basis for such processing. This Privacy Policies applies and are an integral part of our contracts.

GENERALITIES

We are committed to complying with Swiss Data Protection Act (DPA), or standards of EU General Data Protection Regulation (GDPR) as applicable. We also acknowledge the importance of cooperating with our clients to fulfil any legal requirements, including responding to data subjects’ requests, providing access to personal data, providing adequate support with regulatory inspection and audit requests, and ensuring additional agreements for international data transfers to protect personal data.

ACTING AS DATA CONTROLLER FOR CONTRACT EXECUTION

When we act as a data controller, we collect and manage certain personal information, commonly referred to as “business information.” This includes personal data that our clients share with us, such as name, phone number, address, email, and function within organisation. It may also include technical information, like IP addresses involved and bank coordinates for payment purposes.

We process this personal data solely to fulfill our contractual obligations, manage commercial relationships, process purchase orders and contracts, provide products and services, invoice, and support services. Our data processing activities include implementing security and technical measures to safeguard personal data. We also handle analytics and statistics related to contractual obligations, quality, security, reporting, and billing activities.

ACTING AS DATA PROCESSOR FOR OUR CLIENTS

When a managed services contract is involved, we handle client data as a data processor of certain client data (including client’s content), while the client remains the data controller and owner of the content data.

As a data processor, we exclusively process personal data as a subcontractor of the client and in accordance with the applicable contractual conditions or as necessary to fulfil our contractual obligations. The entrusted content data is not read, modified, or evaluated by us without the client’s knowledge. Technical and organisational security measures are in place to protect it from unlawful access by third parties, even though we have no influence over the security of Client content data when it is transferred via public networks.

Whenever technically feasible and upon Client’s request, specific security measures could be added to the usual services, such as data encryption. Such are at Client’s choice and necessitate prior agreement by both parties. When services are expired or terminated, upon Client’s request, we return Client content in a standard format, and destroy Client’s content data no later than 90 days following expiry or termination of services.

We only disclose Clients’ data to public authorities when we are legally obligated to do so. Unless otherwise stated in the contract, as a processor hosting your personal data, our datacentre is located in Switzerland.

TOWARDS THIRD PARTIES

In certain cases, we may need to involve third parties in service performance, requiring access to client data. When this happens:

• Third parties, may be granted limited and controlled access to the personal data required for business processes, for example for maintaining IT operation,
• We require third parties to deal with data protection in accordance and compliance to the applicable law,
• We only disclose as much information as is necessary, if any, for services to be provided.

If we engage a new third party to access client personal data, we will inform clients in writing beforehand. If a client disagrees with such an arrangement, both parties will explore alternative options, including a potential termination right for the client if no satisfactory alternative is found.

For any questions related to personal data, you can contact us at the following email address: mail@awsmtech.ch. You can also reach us by mail at our company address.

© AWSMTECH (Switzerland) LTD – powered by AWSM DIGITAL SA – CH-1973 Nax – All rights reserved – January 2024