Privacy policy of the Clozen platform

These data protection provisions describe how K Marketplaces SA, with its headquarters at La Pièce 1, 1180 Rolle, Switzerland, processes personal data that is collected when accessing and using the Clozen platform, available on https://clozen.ch/en (« Platform »). These provisions also inform you about your rights under data protection and the way of exercising them.

Your access to and use of the Platform implies that you consent to the processing of your personal data, as defined below, in accordance with these provisions.

In case you do not agree with the provisions of this policy, please do not use the Platform.

This policy is dated 15 January 2023. It may be updated periodically; in which case we will notify you by email. Any access and use of the Platform after being notified of the change implies your acceptance of such changes.

I. What is personal data?

The term personal data refers to any data that can be used to identify an individual. Such data can either be used to identify you directly (for example your first and last name, your email address or your AVS number) or indirectly by combining various information about you (for example the IP address of your computer, your credit card or phone number).

II. What kind of data about you may be collected and processed by us?

The data that we may collect when you access our platform are:

Data that you provide by registering on the platform (using our platform requires you to register on our website and, as such, to collect the following data):

• your first and last name
• your address
• your email address
• your date of birth
• your IP address
• your mobile phone number
• a copy of an identity document
• your credit card number
• your IBAN / bank account
• Additional data relating to all personal information and data concerning you or third parties, such as referrers, to whom you have previously requested consent to include them;
• Echanges. You may provide us with other data when you interact with us through our contact page or elsewhere, in which case the collection and subsequent processing is on a voluntary basis, and therefore with your consent.

Data that we process automatically because of your browsing on the Platform. This data, which, with the exception of your IP address, does not contain personal data in the above sense, includes:

• Device information: for example, your hardware model, operating system version or unique device identifier.
• Log information: information collected automatically when you browse our Platform in server logs includes your IP address and information about your device and events (such as crashes, system activity, browser type, browser language, and the date and time of your browsing activities.
• Cookies and similar technologies: cookies and similar technologies are used to collect and store information when you visit our Platform, for example to identify your browser or device.

III. For what purpose do we process your data?

Data that you provide by registering and using our Platform:

These data are processed in particular for the following purposes:

• to enable you to use the services offered by our website and the Platform;
• to enable us to execute, respectively ensure the execution of transactions carried out on the Platform;
• to answer your questions when you contact us directly;
• to provide you with information about our services;
• to carry out necessary checks in relation to your account and access to the Platform;

In addition to the above mentioned processing related to your registration, we may:

• to invite you to participate in market research, analyses and surveys as well as for statistical purposes, in which case you consent to the processing of data in this respect if you agree to participate;
• to invite you to allow us to use your data for marketing purposes, respectively to send you targeted advertising, in which case such use will only take place with your prior express consent. Your data will not be sold to third parties.

Your consent to the processing of your data for these purposes can be withdrawn at any time by sending an e-mail to: dataprotection@clozen.ch. However, any request to this effect will be treated as a request to unsubscribe and terminate the contract between us, and will take effect at the end of the next contractual term.

Data that we may process automatically as a result of your browsing the site:

This data may be processed for the following purposes:

• to improve the use and functionality of the website and the Platform;
• to understand which services and products you are interested in;
• to adapt and develop new products and services;
• to correct errors;
• to identify users who commit illegal acts or infringe our rights.

For the purposes mentioned above, personality profiles may be created and/or profiling may be carried out.

The term « personality profile » refers to a collection of data that makes it possible to assess the essential characteristics of the personality of an individual.

The term « profiling » is defined as any form of automated processing of personal data intended to evaluate, analyze or predict personal aspects relating to an individual. Such aspects may concern, for example, the economic situation, interests, behavior of the user, place of residence or changes of location.

The profiling activities we may carry out relate only to the above-mentioned purposes, which do not present a high risk to your personality.

IV. With whom may we share your data?

We may disclose and share some of your data with:

• Any entity within our group or under the control of which we may be;
• The service providers and processors we use to ensure the proper functioning of the website and the platform, in particular our PSP (payment processing) provider and our cloud-based customer service provider (FAQ, ticketing, customer support, etc).

For PSP, we use the company Lemonway, a payment institution whose headquarters are located at 8 rue du Sentier, 75002 Paris in France. Lemonway is approved by the ACPR under the number 16568 and registered with the Register of Financial Agents (Regafi). Lemonway is the only one to hold your credit card number to the exclusion of K Marketplaces SA who never has access to it.

For cloud-based customer service, we use Zendesk, a cloud-based service platform developer with worldwide headquarters at 989 Market Street, CA 94103 San Francisco, USA.

More information on how these companies process your data can be found on the following pages directly on their websites: https://www.lemonway.com/en/privacy/ and https://www.zendesk.co.uk/trust-center/.

These suppliers may access and/or process your data on our behalf. In accordance with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately protect your information and to process it only in accordance with our instructions.

• Any third party to whom we have been ordered or required to disclose your data by a court order or government authority.
• Any entity that may intervene for emergency purposes that requires such disclosure.
• In addition, K Marketplaces SA may also be required to disclose your data in the context of the execution of its legal obligations, following an injunction issued by a judicial or administrative authority, or in the context of legal proceedings.

Under no circumstances will your data be sold to third parties.

V. Where is your data stored?

We take steps to ensure that the data we collect is processed in accordance with this policy and applicable laws.

Your data is stored in Switzerland with Infomaniak SA.

For other providers, please see the links in chapter IV.

VI. Where is your data transferred to?

Sharing your data with the above-mentioned entities may result in your data being transferred abroad. In this case, we endeavor to ensure that the transfer only takes place within the EEA or to a country that is considered to have an adequate level of protection by the Federal Data Protection Commissioner.

In case a transfer is necessary to a country that does not have such a level of protection, we ensure that such a transfer only takes place in accordance with the law, namely by ensuring that the necessary safeguards are in place, such as your express consent or the establishment of standard clauses with the entities concerned.

To date, the countries to which your data is exported, and the reasons for the transfer, are the following:

• France - Lemonway whose headquarters are located at 8 rue du Sentier, 75002 Paris, France. Lemonway is approved by the ACPR under the number 16568 and registered with the Register of Financial Agents (Regafi)
• Ireland and Germany - Zendesk whose headquarters are located at 989 Market Street, CA 94103 San Francisco in the United States.

VII. Children

The use of our services is not permitted for persons under the age of 18.

VIII. Data retention

We store personal data as long as you have a personal account, or as long as required by law or as long as any contractual claims in relation to your account are prescribed. Thereafter, we endeavor to anonymize this data so that it can be used for statistical purposes. If this is not possible for any reason, the data will be deleted.

IX. Data security

K Marketplaces SA operates secure data networks that meet the applicable technical standards. Appropriate technical and organizational measures are taken to conscientiously protect your data from loss, destruction, falsification, manipulation or unauthorized access.

Despite the appropriate technical and organizational measures taken by K Marketplaces SA to protect its data against disclosure due to errors in data transmission and/or unauthorized access by a third party, it cannot assume responsibility for such undesired events.

X. Your rights regarding your personal data

Your personal data belong to you. Thus, you have the right to decide what happens to it. You have the right to know what happens to it at any time. Under the law on data protection, you have the following rights:

Right of access:

You have the right to know at any time whether K Marketplaces SA is processing your personal data and if so, which data.

Right of rectification of your personal data:

You have the right to have your personal data rectified at any time if you notice that we are processing incorrect data about you, which we invite you to do to ensure that the data processed about you is accurate and true at all times.

Right to erasure of your personal data:

If the processing of your personal data is no longer necessary, for example because you are no longer linked to K Marketplaces SA or you no longer agree to the processing of your personal data, you may request the erasure of your data. We will erase your personal data if we are no longer required to store it for a certain period of time, for example due to a legal storage obligation.

Right to restrict or block the processing of your personal data:

You have the right to have the processing of your personal data restricted or blocked at any time, if we are no longer required to store or process it for a given period.

Right to object to processing:

You have the right to withdraw your consent to the data protection provisions at any time. This possibility is given to you after you have logged in to your account. A simple e-mail to dataprotection@clozen.ch with the corresponding withdrawal of consent information is sufficient. To do so, you need to use the e-mail address with which you registered on the Clozen platform.

Please note in this respect that it is not possible to object to generic advertising on our websites or applications.

In order to prevent misuse of personal data, K Marketplaces SA is very demanding with regard to the identification of the applicant in terms of data protection. The following is an overview of the approach taken according to the nature of the request:

Information

• Purpose of the request: to find out whether K Marketplaces SA keeps personal data on the requester, and if so, which data;
• Submission of the request: by e-mail, post or in person at the head office during normal office hours;
• Identification of the requester: copy of passport, copy of front and back of identity card or copy of Swiss driving licence.

Rectification

• Purpose of the request: to rectify personal data held by K Marketplaces SA;
• Submission of the request: e-mail, post or in person at the head office during normal office hours;
• Identification of the requester: copy of passport, copy of front and back of identity card or copy of Swiss driving licence.

Blockage

• Purpose of the request: to block the use of personal data stored by K Marketplaces SA for further processing;
• Submission of the request: e-mail, post or in person at the head office during normal office hours;
• Identification of the requester: copy of passport, copy of front and back of identity card or copy of Swiss driving licence.

Erasure

• Purpose of the request: to have personal data stored by K Marketplaces SA erased;
• Submission of the request: e-mail, post or in person at the head office during normal office hours;
• Identification of the requester: copy of passport, copy of front and back of identity card or copy of Swiss driving licence.

XI. Legal basis

When processing your personal data, we comply not only with the Federal Data Protection Act and its ordinance, but also, where applicable, with the European Union's Data Protection Regulation (GDPR).

XII. Complaint

You have the right to make a declaration or lodge an appeal with the competent supervisory authority if you believe that the processing of your personal data does not comply with data protection. You can do this at the supervisory authority of the country in which you are domiciled or in which you work, or of the place or country in which the data protection violation took place.

XIII. Usage of cookies

When you first visit our website, you may see a message at the bottom of the screen regarding the usage of cookies. A cookie is then stored on your terminal so that your browser knows that you have seen this message and does not display it again on your next visit.

When browsing our website, you have the option of accepting or refusing the use of cookies for statistical purposes. These cookies are used to evaluate the number of visitors and the use made of our website by Internet users, in order to continuously improve its navigability and the relevance of the content proposed.

By accepting cookies, the servers automatically record information of a general nature concerning your navigation. The statistical analysis of this information allows for the continuous improvement of the website.

The data collected is the IP address, the geographical location, the date of the visit, its duration, the pages consulted and their sequence, as well as the pages shared on social networks. This data is anonymized and we do not analyze individual visits. We do not share it with other organizations for commercial purposes, nor do we pass it on to other websites.

You can indicate your agreement to the use of cookies either by selecting the "Yes, I agree" option provided or by simply continuing to browse our site. You can refuse the use of cookies by selecting the "No, I refuse" option, in which case you may not be able to use our website.

All cookies used on our website have a lifetime of 13 months, after which they are automatically erased. You can delete cookies at any time before this period expires by selecting the option "clear/delete cookies" in the management settings of your browser. On your next visit, you will be asked to accept or reject the use of cookies.

XIV. Social media and other websites

We may be present on various networks such as Facebook, Twitter, Pinterest, Instagram, LinkedIn, YouTube, Tik Tok, etc. When you visit our page within these different networks, you should first read and understand the tools provided by these platforms that allow you to define how you want to share your data within these networks.

The privacy practices or policies of the relevant platforms apply there, and we therefore encourage you to read their applicable privacy policy, terms of use and any other information relating to how your data is processed on those platforms.

In addition, our website may contain references or links to other websites and social media, such as through social media feeds; if you follow these links, you will leave our website. You are responsible for accessing and using these sites. K Marketplaces SA has no influence on the form and content of the linked websites.

XV. Controller and representative

The controller of the information collected through the website https://clozen.ch/en is K Marketplaces SA, located at La Pièce 1, 1180 Rolle (CH-ID 223.831.295).

XVI. Contact

If you have any questions regarding this policy, please contact: dataprotection@clozen.ch.

XVII. Governing law and jurisdiction

This policy is subject to Swiss law, to the exclusion of federal law on private international law. Any dispute arising out of or in connection with this policy shall be subject to the exclusive jurisdiction of the Court of the district of Lausanne, Switzerland.

Version : 15 January 2023 – K Marketplaces SA