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 Sauber Technologies AG

The protection of your privacy and your personal data is very important to the Sauber Group. For this reason, the collection and processing of personal data by the Sauber Group is carried out in compliance with the statutory provisions (totally revised Federal Act on Data Protection (FADP), in force from 1 September 2023).

Sauber Technologies AG, a company registered in Switzerland under company number CHE-103.730.319 , is responsible for data processing.

With this privacy policy, we inform you about what data from you we process, what we need this data for and how you can object to the data processing.

1. What personal data do we process?

Personal data includes all information that relates to an identified or identifiable natural person. Examples of this are in particular your name, your telephone number, your e-mail address, your place of birth and your date of birth.

If you contact us by e-mail or otherwise contact us, the personal data you provide will be stored by us so that we can answer your questions. We process data collected for marketing or statistical purposes when you visit our website or after your consent. 

We also process data that is indispensable within the framework of our contractual relationship with you. This includes all information that you provide to us for the fulfilment of the contract or that we receive from third parties in connection with the contractual relationship.

If you share personal data of third parties with us, for example personal details of employees of your company, of customers or clients, you are obliged to obtain the consent of the persons concerned in advance and to inform them about these data protection provisions.

2. For what purposes do we use your data?

As a matter of principle, we only process your personal data if this is necessary to provide a functioning website and if this is required for our content and services.

Other reasons we may process your information include:

• providing information about us to you;
• the management of enquiries and complaints;
• if you have applied to us so that we can consider you when filling the position;
• when you attend one of our events;
• if the processing is necessary to safeguard a legitimate interest of our company.

Your information may also be used to:

• verify your identity when dealing with us so that we can comply with our obligations in respect of any legal or regulatory obligations to which we may be subject;
• provide you with information that you have requested from us;
• notify you of changes to our services or this Privacy Policy;
• ensure that the content of our website is presented in the most effective way for you and for your device(s); and/or
• administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical purposes and surveys or otherwise as part of our efforts to maintain the security of our website.

Your information may also be used to send you information about us and our range of products and/or services. For this purpose, we may use your information to:

• enable you to participate in interactive features of our services if you wish to do so;
• inform you about and manage your involvement in our services and events, including training events or client events;
• measure or understand the effectiveness of our advertising to you and others, and to provide you with advertising relevant to you, including making suggestions and recommendations to you and other users of our website about goods or services that may interest you or such other users; and/or
• send you news bulletins, newsletters, brochures or general information about other goods, services and events we offer which are similar to those you have already purchased or enquired about or which we otherwise consider may be of interest to you (unless you have opted out of receiving such information).

If you are already a customer of ours or we have another existing relationship with you, we will rely on our legitimate interests as the lawful basis for processing your personal data for direct marketing purposes. For this purpose, it may be necessary to process your personal data to enable us to carry out direct marketing in accordance with our legitimate interest. In addition, we believe that you should reasonably expect to receive marketing materials from us using the same methods that we commonly use to communicate with you (e.g. by email) and that, if so, there will be no disproportionate impact on your individual privacy rights.

Unless you are already a customer or we have another existing relationship with you, the marketing of our materials, our events and services (or those of others) to you requires your consent. This consent must be sought no later than the time of our first communication to you. This will give you the option to opt-in to receiving such information (known as ‘opting-in’) by ticking the relevant boxes on the forms we use to collect your information or in links provided in our email communications.

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

Please note that any administrative or service-related communications (to inform you of updates to this Privacy Policy or our applicable terms and conditions for the supply of goods and/or services, etc.) will only be directed to our business partners and that such communications will generally not include an opt-out option as they are necessary to provide the services and/or products requested. Therefore, please note that your ability to opt-out of receiving materials relating to goods and marketing and promotional materials does not alter our right to contact you regarding your use of our website or in the context of any business relationship we may have with you.

If you wish to be removed from the mailing list, we will retain your contact details in our marketing database(s) specifically for the purpose of preventing your contact details from being included in any future marketing campaigns. Only members of our marketing team will have access to this database(s). Your unsubscription will only affect this database(s) and will not result in any changes to any existing information on our other databases that you have provided to us or that we have otherwise obtained for the purpose of providing our products and/or services to you or for any other lawful purpose.

We use aggregate information and statistics for the purpose of monitoring website usage to help us develop our website and services.

3. Who has access to your data? Is data disclosed to third parties or abroad?

Disclosure of information to third parties will only be made in accordance with, or is required by, any contractual relationship we have with you, applicable law, regulation or legal process, unless such information is protected by confidentiality obligations we have with our partners or others.

Personal data may be processed by us and/or our affiliates, agents, vendors, consultants or suppliers and any third party service providers who provide certain services on our behalf for the purposes of this Agreement. Such third parties will have access to personal data solely for the purpose of providing the above services or to comply with applicable law, 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 provider will be granted the access to your personal data that you expressly authorise us to grant, or otherwise pursuant to an applicable contract between you and the service provider). We require these third parties to implement security measures that are equivalent to the protections specified in this Privacy Policy. Such third parties may be located in or outside of Switzerland.

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

In connection with the supply of our services and/or products, personal data may also be transferred, if necessary, to countries or territories outside Switzerland, in which case we will provide contractual protection if those territories do not offer an adequate level of data protection comparable to that in Switzerland or the European Economic Area (EEA).

In particular, we may collect and transfer your personal data to countries outside Switzerland: with your consent; to perform a contract with you; or to meet a compelling legitimate interest that we may have, unless your rights and freedoms are overridden.

Aggregate information and statistics for the purpose of monitoring website usage may also be provided by us to third parties. These statistics do not include information that can be used to identify you because the information is anonymised and ‘de-identified’. Further information can be found below in our Cookie Policy.

Communicating via the Internet and sending information to you in other ways necessarily involves your personal information being routed through or processed by third parties. However, we will not sell or distribute your personal information to third parties for them to market products and services to you without your consent. Any information we share with marketing companies, data analytics companies, website developers and similar service providers and their affiliates is solely for the purpose of developing, hosting, managing, operating and maintaining content on our website or otherwise improving our website and how we market the Sauber Group. We ensure in such cases that the information cannot be used to identify you and that the information is anonymised and ‘de-identified’. You can find more information on this in our Cookie Policy.

We use reasonable physical, electronic and procedural safeguards to protect the personal information we receive from you against loss, misuse and unauthorised access, disclosure, alteration and destruction. Please note that we are not responsible for the security of any information you transmit over the Internet, or for any information you store, post or provide directly to a third party website that is subject to that third party’s policies. Please be advised 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. Any transmission of your data using these methods is therefore at your own risk.

A loss of personal data is called a data breach. We are committed to informing you when your personal data is compromised and there is a risk to your rights and freedoms as a result.

4. Where is your data stored?

Unless we expressly inform you otherwise, data processing takes place in Switzerland and the EEA/EU area.

5. How long do we keep your data?

The personal data collected by us in connection with a contractual relationship will be stored or retained at least until the expiry of the statutory retention obligation. After expiry of the respective retention periods, we delete or destroy your personal data completely, unless you have agreed to a longer retention period or have commissioned us with a longer retention period.

If we have acquired your data through an enquiry, for marketing purposes, visiting our website or for similar purposes, we will delete the data obtained in such a situation as soon as the storage of the data is no longer necessary, or we will restrict the processing if there are legal retention obligations.

6. Your rights

You have the right at any time:

• Request information about what data we process about you;
• have incorrect or incomplete data corrected;
• to demand the deletion of your data, insofar as such deletion does not violate legal retention periods or insofar as we cannot assert any justified self-interest that opposes deletion;
• to withdraw your consent for processing operations based on such consent.

You can send corresponding requests to the address at the end of this privacy policy.

7. Cookie Policy

As described in our Privacy Policy, your personal information is not disclosed to us in the course of a general browsing of this website, although certain statistical information is available to us through our Internet service provider and through the use of specific tracking technologies. Such information may tell us what pages you click on or what hardware you use, but not your name, age, address or anything we can use to identify you personally.

This Cookie Policy sets out in further detail how and why we use these technologies on our website. By using our website, you consent to the 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 recognise the computer or device used to access a website. A cookie is a small text file that a website stores on your computer or mobile device when you visit the site. This allows the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time so that you do not have to keep re-entering them when you visit the site again or browse from one page to another.  They generally make our website more user-friendly and effective. Most internet browsers automatically accept cookies. However, you can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. However, please note that if you do so, you may not be able to use all the features 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 that is used to create statistical data about your use of the website.

Session cookies store a so-called session ID, which makes it possible to assign different requests from your browser to a common session and which are automatically deleted when you close your browser. Session cookies allow your computer to recognise when you visit the website again.

This website uses the following persistent cookies:

• “_ga sauber-group.com” (HTTP cookie, 2 years) registers a unique ID that is used to generate statistical data about your use of the website.

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

8. The use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc (“Google”). Google Analytics uses cookies that are stored on your computer and enable the analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymisation is activated on this website, your IP address will first be shortened by Google within the Member States of the European Union or in other EEA states.

Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing the website operator with services relating to website activity and internet usage.

The IP address transmitted by your browser as a result of Google Analytics is not compiled with other data from Google.

You can prevent the storage of cookies by selecting the appropriate settings in your browser software. However, we would like to point out that in this case you may not be able to use all the functions of this website. You can also prevent the collection of data generated by the cookies and related to your use of the website (including your IP address) to Google and 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 improve it regularly. By using the statistics we receive, we are able to improve our website and make it more interesting for you as a user. In exceptional cases where your personal data is transferred to the USA, Google is subject to the EU-US Trans-Atlantic Data Privacy 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: http://www.google.com/analytics/terms/en.html, Privacy Policy: http://www.google.com/intl/de/analytics/learn/privacy.html, and Privacy Policy: http://www.google.de/intl/en/policies/privacy.

This website also uses Google Analytics to analyse cross-device traffic, which is done on the basis of a user ID. You can deactivate the cross-device analysis of your usage in your customer account under “My data”, “Personal data”.

We have entered into a contract with Google and fully implement the provisions of the FADP in our use of Google Analytics.

9. Links to third party websites

We may, at our discretion, occasionally include links on our website to third party products, services or websites. Please note that we are not responsible for the privacy practices of any third party websites and that we do not review their content and do not accept any responsibility or liability for their content. Third party privacy statements may differ significantly from our privacy policy. Therefore, we encourage you to read the privacy policy of each and every website that collects personally identifiable information.

10. Questions?

If you have any questions regarding this data protection notice or the processing of personal data by the Sauber Group, please do not hesitate to contact us.

Sauber Technologies AG

Wildbachstrasse 9

8340 Hinwil

Switzerland

E-mail: [email protected]