Terms and Conditions – Privacy Policy

General Terms & Conditions of Supply of Services

1 INTERPRETATION


1.1 Definitions. In these Conditions, the following definitions apply:

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in Zurich are open for business;

Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 5;

Commencement Date: has the meaning set out in clause 2.2;

Conditions: these terms and conditions as amended from time to time in accordance with clause 11.8;

Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions;

Customer: the person or firm who purchases Services from the Supplier;

Deliverables: the deliverables set out in the Order produced by the Supplier for the Customer;

Group Company: in respect of a company, any subsidiary or holding company of that company and any subsidiary of such holding company, and Group Companies shall be construed accordingly;

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

Order: the Customer’s order for Services as set out in the Customer’s purchase order form, or the Customer’s written acceptance of a quotation or statement of work by the Supplier;

Services: the services, including the Deliverables, supplied by the Supplier to the Customer as set out in the Specification;

Specification: the description or specification of the Services provided in writing by the Supplier to the Customer;

Supplier: Sauber Technologies AG registered in Switzerland and whose registered office is at Wildbachstrasse 9, CH-8340 Hinwil, Switzerland, with company number CHE-103.730.319;

Supplier Materials: has the meaning set out in clause 4.1(f).

1.2 Construction. In these Conditions, the following rules apply:

(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes.


2 BASIS OF CONTRACT


2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2 The Order shall only be deemed to be accepted when the Supplier issues written acceptance of the Order at which point and on which date the Contract shall come into existence (Commencement Date).

2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.

2.4 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures, are issued or published for the sole strictly private and confidential purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.6 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 30 (thirty) Business Days from its date of issue.


3 SUPPLY OF SERVICES


3.1 The Supplier shall supply the Services to the Customer in accordance with the Specification in all material respects.

3.2 The Supplier shall use all reasonable endeavours to meet any performance dates specified in the Specification, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

3.3 The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the Customer in any such event.

3.4 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.

3.5 The Customer understands and agrees that the Deliverables to be provided to the Customer are to be provided “as is” and “with all faults”. The Supplier provides no further warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties relating to such products.


4 CUSTOMER’S OBLIGATIONS


4.1 The Customer shall:

(a) ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;
(b) co-operate with the Supplier in all matters relating to the Services;
(c) provide the Supplier, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Supplier;
(d) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects;
(e) obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start; and
(f) keep and maintain all materials, equipment, documents and other property of the Supplier and/or its Group Companies (Supplier Materials) at the Customer’s premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier’s written instructions or authorisation.

4.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

(a) the Supplier shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 4.2; and
(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.


5 CHARGES AND PAYMENT


5.1 The Charges for the Services shall be the charges set out in the Contract.

5.2 The Supplier shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom the Supplier engages in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Supplier for the performance of the Services, and for the cost of any materials.

5.3 The Supplier shall invoice the Customer monthly in arrears.

5.4 The Customer shall pay each invoice submitted by the Supplier:

(a) within 30 days of the date of the invoice; and
(b) in full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract.

5.5 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax or other sales tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract and/or the Supplier’s statement of work by the Supplier to the Customer, the Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.

5.6 Without limiting any other right or remedy of the Supplier, if the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment (Due Date), the Supplier shall have the right to charge interest on the overdue amount at the rate of 5 (five) per cent per annum above the then current annualised base rate of the Lloyds Banking Group in England accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.

5.7 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.


6 INTELLECTUAL PROPERTY RIGHTS


6.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier.

6.2 The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to license such rights to the Customer.

6.3 All Supplier Materials are the exclusive property of the Supplier.

6.4 All Intellectual Property Rights for designs created or developed exclusively for the Customer (but not the methods, know-how and background Intellectual Property Rights owned by the Supplier), whether made by the Supplier alone or together with the Customer or others in the performance of its obligations under the Contract shall be owned by the Customer on creation of the same and the Supplier shall assign to the Customer (including by way of assignment of future rights) all Intellectual Property Rights created or developed exclusively for the Customer (including the right to take action to recover damages and other remedies in respect of any past, present or future infringement and the right to apply for and/or to maintain registration of such rights).


7 CONFIDENTIALITY


A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the business, products and/or services of the Disclosing Party and/or its Group Companies which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 7 shall survive termination of the Contract.


8 LIMITATION OF LIABILITY


8.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:

(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.

8.2 Subject to clause 8.1:

(a) the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

(b) the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed CHF 100’000.00 (one hundred thousand Swiss Francs).

8.3 This clause 8 shall survive termination of the Contract.


9 TERMINATION


9.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 60 (sixty) days of that party being notified in writing of the breach;
(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
(c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(e) the other party (being an individual) is the subject of a bankruptcy petition or order;
(f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 28 (twenty-eight) days;
(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
(h) a floating charge holder over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
(i) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
(j) any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.1(b) to clause 9.1(i) (inclusive); or
(k) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.

9.2 Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under this Contract on the due date for payment.

9.3 Without limiting its other rights or remedies, the Supplier shall have the right to suspend provision of the Services under the Contract or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 9.1(b)) to clause 9.1(k), or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this Contract on the due date for payment.

10 CONSEQUENCES OF TERMINATION


On termination of the Contract for any reason:

(a) the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) the Customer shall immediately pay to the Supplier all of the Supplier’s other charges (including any termination fee) set out in the Contract;
(c) the Customer shall return all of the Supplier Materials and any Deliverables which have not been fully paid for;
(d) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(e) clauses which expressly or by implication have effect after termination shall continue in full force and effect.


11 GENERAL


11.1 Force Majeure Event:

(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or shutdowns or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, epidemic and pandemic, shortage of materials, equipment or supplies caused by events or circumstances which are themselves beyond the reasonable control of the Supplier.
(b) The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 3 (three) consecutive months, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

11.2 Assignment and subcontracting:

(a) The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
(b) The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

11.3 Notices:

(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number.
(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
(c) This clause 11.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include e-mails and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by e-mail.

11.4 Waiver:

(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

11.5 Severance:

(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

11.6 No partnership:

Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

11.7 Third parties:

A person who is not a party to the Contract shall not have any rights under or in connection with it.

11.8 Variation:

Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by the Supplier.

11.9 Governing law and jurisdiction:

This Contract and its execution shall be exclusively governed by Swiss Law (without regard to the provisions of Swiss conflict of laws rules). Any dispute arising out of or in connection with this Contract shall be settled by one arbitrator in accordance with the International Arbitration Rules of the Zurich Chamber of Commerce. The arbitration shall be conducted in Zurich, Switzerland and in English language.

Privacy Policy

Protection of your privacy and the security of your personal data are very important to Sauber Group of companies.

This Privacy Policy explains how information about you is collected and used by Sauber Group of companies. The term “Sauber Group of companies”, means Sauber Motorsport AG (a company incorporated in Switzerland with company number CHE-106.955.725MWST), its successors, assigns and transferees, as well as its parent and associated companies. References in this Privacy Policy to “we”, “us” and “our” shall be construed as references to Sauber Group of companies. The terms “you” and “your” includes our clients, business partners and users of this website.

Sauber Group of companies processes and stores personal information in accordance with the 25th May 2018 General Data Protection Regulation (Regulation (EU) 2016/679, more commonly known as the “GDPR”), this Privacy Policy and the provisions of other applicable laws, regulations and rules.

By using our website, providing personal information and/or using any of our services, you agree that:

In such cases, references in this Privacy Policy to terms such as “you” and “your” also refer to such persons.

Information about the collection of personal data

When we talk about your information, we are referring to your “personal data” as defined by the GDPR and this includes information that can identify you as a living individual, whether by itself or when used in conjunction with other information which we hold. Examples include, but are not limited to, your name, your telephone number, your email address, your place and date of birth.

Please find below information about the collection of personal data concerning your personal data when using our website. The “controller” as per the GDPR and other national data protection laws and provisions, which are key for the purpose and means of processing personal data, is:

Complete name / address:
Sauber Technologies AG
Wildbachstrasse 9
8340 Hinwil

Telephone number:+41 44 937 90 00

E-mail: [email protected]

When you contact us by e-mail, the personal data you provide is saved by us so that we can answer your questions. We shall delete the data received in this situation once it is no longer required to store the data, or restrict the processing if legal storage obligations exist.
If we commission service providers with individual functions of our offer, or want to use your data for advertising purposes, we will notify you below in detail about the respective processes. We also state the specified criteria for the duration of storage there.

Legal basis for the processing of data

We always ensure we respect your privacy rights. This means we can only collect your personal data if we have lawful grounds for doing so. Therefore, we fundamentally only process your personal data if this is necessary to provide a functioning website and for our content and services. The processing of your personal data is only done regularly once your consent has been obtained. There is an exception to this in cases where obtaining your consent in advance is not possible due to practical reasons, and the processing of the data is permitted by legal provisions.

Other reasons we may process your information include:

If we obtain your consent for the processing of your personal data, Art. 6, paragraph 1a GDPR serves as the legal basis for the processing. If the processing is necessary to protect a justified interest of our company, and if the afore-mentioned interest is not overridden by basic rights and freedom, then Art. 6, paragraph 1f GDPR serves as the legal basis for the processing.

Your information may be used:

We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us to develop our website and our services. We may also provide such aggregate information to third parties. These statistics will not include information that can be used to identify you, as the information is anonymised and ‘de-identified’. More information is found in our Cookie Policy here below.

Your information may also be used to provide you with information about us and our range of products and/or services. To this end, we may use your information:

In circumstances where you are an existing client or we otherwise have an existing relationship with you we will rely on our legitimate interests as the lawful ground for processing your personal data for direct marketing purposes. To this end, it may be necessary to process your personal data so we can directly market in our legitimate interest. In addition, we consider it reasonable for you to expect you may receive marketing material from us in the same methods we normally communicate with you (e.g. via email) and that there is no disproportionate impact to your individual privacy rights in this case.

In circumstances where you are not a client or we do not otherwise have an existing relationship with you, marketing our materials, events and services (or those of others) to you shall be subject to your consent which shall be requested at the latest on our first communication to you, where you will be given the option to elect to receive such information (known as ‘opting-in’) by checking the appropriate boxes on the forms we use to collect your data or in links provided within our email communications.

On each and every marketing communication, we will always provide the option for you to exercise your right to object to the processing of your personal data for marketing purposes (known as ‘opting-out’) by clicking on the ‘unsubscribe’ button on our marketing emails or choosing a similar opt-out option on any forms we use to collect your data. You may also opt-out at any time by contacting us on the below details.

Please note that any administrative or service-related communications (to notify you of an update to this Privacy Policy or our applicable terms and conditions of products and/or services, etc.) will solely be directed at our business partners, and such communications generally do not offer an option to unsubscribe as they are necessary to provide the services and/or products requested. Therefore, please be aware that your ability to opt-out from receiving merchandise, marketing and promotional materials does not change our right to contact you regarding your use of our website or as part of a business relationship we may have with you.

If you wish to be removed, we will retain your details in our marketing database(s) specifically for the purposes of suppressing your details from inclusion in all future marketing campaigns. These database(s) are restricted for access only by members of our marketing team. Your unsubscription request will only affect these database(s) and will not change any existing information on our other databases that you have provided to us or we have otherwise obtained for the purposes of providing our products and/or services to you or for any other lawful purposes.

Your rights when using our website

As from the “GDPR” gives data subjects (like you) more rights in relation to their personl data. You can find out more about the GDPR and your rights by accessing the European Commission’s website.

If you are a natural person (in other words, a human being and not a company) you have the right to:

Please note these rights may only apply in certain cases. For example, some rights only apply where our lawful ground of processing is your consent.

You also have a right to lodge a complaint with the appropriate data protection authority whose details are provided below, and in certain cases may receive compensation from us, as data controller, for any damage you suffer.

We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided to us changes, for example if you change your email address or name, please let us know the correct details by contacting us on the details below. You may ask us, or we may ask you, to correct information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate.

You can enforce the rights described above by means of a written request to us at the contact details below. To protect the integrity and security of the information we hold, we may ask that you follow a defined access procedure, which may include steps to verify your identity and completion of a form so that we can better understand the nature of your request and the information you are after. You will need to provide information to confirm your identity so we are sure it is actually you requesting your data. We must respond to your requests without undue delay and at the latest within 1 month.

There may be cases where we are unable to provide the information you request, such as where it would interfere with the privacy of others or result in a breach of confidentiality. In these cases, we will let you know why we cannot comply with your request.

In addition, you can enforce your right to object to direct marketing as described in the section above.

Even if you do not request access to and/or correct your personal information held by us, if we are satisfied that, having regard to the reasons for which we hold your personal information, that personal information is inaccurate, incomplete, out-of-date, irrelevant or misleading, we may take reasonable steps to correct that information.

Collection of personal data when visiting our website

If you merely use the website for informational purposes, i.e. if you do not register or transfer us information in any other way, we will only collect the personal data that is transferred by your browser to our server. If you want to view our website, our system collects the following data, which is technically necessary for us to show you our website and ensure stability and safety:

The data is also saved in the log files of our system. This data is not saved together with other personal data. The legal basis for the collection and temporary saving of the data is Art. 6, paragraph 1 (1f) GDPR. As the recording of data is mandatory for us to provide the website, and the saving of data in log files is mandatory for the operation of the website, there is no right of objection.

Information Sharing

In certain cases, we may access, preserve, and disclose to third parties information about you if we believe disclosure is in accordance with, or required by, any contractual relationship with you, applicable law, regulation or legal process, unless such information is protected by duties of confidentiality owed to our partners or to other persons. Personal data may be processed by us and/or our affiliates, agents, vendors, consultants or suppliers, as well as any other third-party service providers who are performing certain services on our behalf for the purposes hereof. Such third parties have access to personal data solely for the purposes of performing the services specified here above, or to comply with applicable laws and not for any other purpose (unless you instruct us to transfer personal information and/or documents to another service provider, in which case that service provided shall be given such access to your personal data as you expressly authorise us to give or otherwise under any applicable contract you may have with them). We require these third parties to undertake security measures consistent with the protections specified in this Privacy Policy. Such third parties may be located within or outside of Switzerland.

In addition, we may be required by law or by a court to disclose certain information about you or any contract we may have with you to relevant regulatory, law enforcement and/or other competent authorities, unless such information is protected by duties of confidentiality owed to our partners or to other persons. We may also need to share your information in order to enforce or apply our legal rights.

In connection with the provision of our services and/or products, personal data may also be transferred to countries or territories outside Switzerland where necessary, in which case we will arrange for contractual safeguards where such territories do not offer an adequate level of personal data protection similar to the one applied in Switzerland or in the European Economic Area (EEA).

We may also rely on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, we may collect and transfer your personal data outside Switzerland: with your consent; to perform a contract with you; or to fulfil a compelling legitimate interest we may have in a manner that does override your rights and freedoms.

Communicating via the Internet and sending information to you by other means necessarily involves your personal information passing through or being handled by third-parties, but we do not sell or distribute without your permission your personal information to third parties for purposes of allowing them to market products and services to you. Any information we share with marketing companies, data analytics companies, website developers, and similar service providers and their affiliates is for the sole purpose of developing, hosting, managing, operating and supporting the content on our website, or otherwise improving our website and the manner in which we market Sauber Group of companies. We ensure that in such cases, the information cannot be used to identify you and is anonymised and ‘de-identified’. More information is found in our Cookie Policy.

We use reasonable physical, electronic, and procedural safeguards to protect the personal data that we obtain from you from loss, misuse, and unauthorised access, disclosure, alteration, and destruction. Please note that we are not responsible for the security of any data you are transmitting over the Internet, or any data you are storing on posting, or providing directly to a third party’s website, which is governed by that party’s policies. Please note that no method of transmission over the Internet or method of electronic storage is 100% secure and we cannot ensure or warrant the security of any information you transmit to us. Transfer of your data via these means is therefore at your own risk.

A loss of personal data is known as a data breach. The GDPR imposes requirements on businesses to identify, assess and report breaches in a timely manner (within 72 hours). We undertake to inform you if your personal data is compromised and there is a risk to your rights and freedoms as a result.

Cookie Policy

As described in our Privacy Policy here above, for general web-browsing of this website, your personal data is not revealed to us, although certain statistical information is available to us via our internet service provider as well as through the use of special tracking technologies. Such information tells us about the pages you are clicking on or the hardware you are using, but not your name, age, address or anything we can use to identify you personally.

This Cookie Policy sets out some further detail on how and why we use these technologies on our website. By using our website, consent to storage of and access to cookies and other technologies on your device, in accordance with this Cookie Policy.

Cookies are a feature of web browser software that allows web servers to recognize the computer or device used to access a website. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another. They serve to make our website more user-friendly and effective in general. Most internet browsers accept cookies automatically. You can, however, configure your browser settings according to your preferences and, for example, reject the acceptance of third-party cookies or all cookies. We would like to point out, however, that in these cases you may not be able to use all the functions of this website.

This website uses the following session cookies:
«_gat sauber-group.com» (HTTP Cookie) is used by Google Analytics to limit the request rate
«_gid sauber-group.com» (HTTP Cookie) registers a unique ID, which is used to generate statistical data about your use of the website.

Session cookies save a so-called session ID which allows various requests of your browser to be allocated to a common session, and are deleted automatically when you close your browser. Session cookies allow your computer to recognize when you return to our website.

This website uses the following persistent cookies:
«_ga sauber-group.com» (HTTP Cookie, 2 years) registers a unique ID, which is used to generate statistical data about your use of the website.

Persistent cookies are automatically deleted after a specified period of time, which can vary depending on the cookie. You can delete the cookies in the safety settings of your browser at any time.

The legal basis for the processing of personal data using cookies is Art. 6, paragraph 1 f, GDPR.

The use of Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses cookies which are saved on your computer and which allow the analysis of your use of the website. The information generated by the cookie about your use of this website is normally transferred to a server of Google in the USA and saved there. In the event of the activation of the IP anonymization on this website, your IP address is first shortened by Google within Member States of the European Union or in other EEC States.
Only in exceptions is the full IP address transferred to a server of Google in the USA and abbreviated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports about the website activities and to perform services associated with the use of the website and the internet for the website operator.
The IP address transferred by your browser due to Google Analytics is not compiled with other data from Google.
You can prevent the saving of cookies by making a corresponding setting in your browser software; we would like to point out, however, that in this case you may not be able to use all of the functions of this website. Furthermore, you can prevent the collection of the data generated by the cookies and related to your use of the website (incl. your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

We use Google Analytics to analyse the use of our website and to regularly improve it. Using the statistics we obtain, we are able to improve our website and design it to be more interesting for you as a user. In exceptions where your personal data is transferred to the USA, Google is subject to the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.

Information about the third-party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: https://www.google.com/analytics/terms/gb.html, Overview of data privacy: http://www.google.com/intl/de/analytics/learn/privacy.html, and the data privacy declaration: https://policies.google.com/privacy?hl=en

This website also uses Google Analytics to analyse the cross-device flow of visitors, which is done based on a user ID. You can deactivate the cross-device analysis of your use in your customer account under “My Data”, “Personal Data”.
The legal basis for the processing of personal data by using cookies from Google Analytics is Art. 6, paragraph 1 f, GDPR. We have concluded an agreement with Google and implement the strict provisions of GDPR in full when using Google Analytics.

Additional Information

Links

Occasionally, at our discretion, we may include links to third party products, services or websites on our website. Please be aware that we are not responsible for the privacy practices of any third-party sites, nor do we verify nor accept any responsibility or liability for their content. The privacy policies of others may differ significantly from our Privacy Policy. Therefore, we encourage you to read the privacy statement/policy of each and every website that collects personal data.

Governing Law and Jurisdiction

All issues regarding our website and Privacy Policy are governed by Swiss law and are subject to the exclusive jurisdiction of the Swiss courts.

No Waiver

Delay or failure on our part in enforcing any of our rights shall not constitute a waiver by us of our rights and remedies. If any part of this Privacy Policy is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected.