Datenschutzerklaerung

(a) This privacy policy describes how and for what purpose Hoop Corporate Services SA (Hoop, we, or us) collects, uses and processes personal data of users and, if applicable, user’s customers (the User, you) provided when using this website, the services we provide and the communication tool as well as the measures taken to protect these data.

(b) Hoop undertakes to guarantee the protection of personal data. If you are asked to provide personal data while using this website or our services, the provided information will be used and processed in accordance with this privacy policy.

(c) This privacy policy is applicable to your personal data already collected as well as to the processing of personal data collected in future.

1. Who is the data controller?

Hoop Corporate Services SA
Heiligkreuzstrasse 5 9008 St. Gallen

2. What data does Hoop collect?

We can collect the following categories of data, related to the users and if applicable to the user’s Clients:

• name and professional title;
• contact information (e.g. telephone, e-mail address);
• information provided when using the website and services (including information provided using any contact form made available on our website);
• user history;
• technical data (e.g. IP address and operating system);
• information gathered by third parties (e.g. credit agencies, public directories);
• All required information to provide the services (e.g. company constitution).

3. How are personal data collected?

We receive the aforementioned data when you contact us, when you access our website and you require a service from us. We can also access public databases and, if necessary, use search engines to contact you or update your details.

4. How are personal data used?

(a) Personal data are generally processed in order to provide our services, to perform our contractual obligations, to communicate with you and to improve the quality of our services.

(b) We process personal data in particular for the following purposes:

• For providing our services and performing our contractual obligations. This includes all activities necessary or appropriate to this end, as for instance the processing of service requests on our website, the communication over our communication tool, payment processing and collection;
• For communication purposes, i.e. in order to inform regarding the provision of our services and their status, contacting you if any questions arise, answering your queries, and including customer service and care, as well as the authentication when requesting our services;
• For marketing purposes in order to inform you regarding the offered services, special offers or other promotions corresponding to your personal interests;
• For market research and product development. The analysis of the services requested, and the use of our website allows us to improve our products and services and adapt them to meet your expectations. It also serves to further develop our offers, optimise and improve the user-friendliness of the website as well as to observe the market e.g. in order to respond to current developments. Subject to your consent, we may contact you in order to further investigate regarding the use of our services and to evaluate any need for improvement and/or expansion of the services;
• For IT security: We process personal data for security purposes, for ensuring IT security, for preventing theft, fraud and improper use and for evidence purposes;
• For compliance with legal requirements and for the protection of rights: we can process personal data in order to enforce claims or to defend ourselves against claims, in Switzerland and abroad.

5. Which are the legal bases for data processing?

(a) We process personal data on the following legal bases, insofar as one is required according to applicable data protection law:

• for the performance of our contractual obligations;
• based on expressly given consent;
• for asserting or defending legal claims or civil cases;
• for compliance with statutory or regulatory provisions;
• based on our legitimate interest, which shall be determined in the particular case.

6. Who has access to personal data?

(a) If needed to fulfil our contractual and legal obligations, Hoop’s employees will have access to personal data, as well as service providers and auxiliaries appointed by Hoop.

(b) If needed in the scope of the provision of our services, we shall transfer personal data to other third parties.

(c) Hoop does not sell, distribute or otherwise make available to third parties (for the pursuit of their own purposes) personal data except with express consent of the user or in the presence of a legal obligation.

(d) Where the aforementioned third parties process personal data, they are obliged to do so exclusively in accordance with our instructions and to take adequate data security measures. By selecting the third-party service providers, we ensure that data protection is safeguarded throughout the entire processing of your personal data.

(e) Moreover, we may be compelled to disclose personal data under statutory provisions or legal proceedings, e.g. due to a court order or a request from a law enforcement agency, or if we are of the opinion that it is necessary or appropriate for the protection of our rights, for example in preventing harm or financial loss, in connection with an investigation of suspected or actual fraudulent or other illegal activity, and in the event that we sell or transfer all or a portion of our assets (e.g. due to restructuring, dissolution, or liquidation).

7. Profiling and automated decision-making processes

Hoop does not use any automated decision-making processes and does not use profiling methods while performing its obligations. In the event Hoop should use these procedures, it will give you adequate notice to the extent required by law.

8. Are personal data transferred abroad?

(a) As part of our relationship with you, we may disclose, transfer and/or store personal data abroad (i) to conclude or execute our contractual obligations, (ii) when communication is necessary to safeguard a prevailing public interest, or (iii) in exceptional cases provided for by applicable laws.

(b) We may transfer personal data to recipients abroad in jurisdictions that either

(i) ensure an adequate level of data protection for the rights and freedom of the subjects in relation to data processing; or

(ii) benefit from adequacy decisions related to their level of protection (i.e. adequacy decisions by the European Commission or the Swiss Federal Data Protection and Information Commissioner); or

(iii) do not benefit from such adequacy decisions, and do not provide an adequate level of data protection.

In the latter, we ensure that your personal data are adequately protected, e.g. by concluding data transfer agreements with the foreign recipients beforehand, using the EU data protection standard contractual clauses.

(c) For more information on data transfers abroad and the adopted measures, please contact us at (contact@hoop.ch) or by using the communication tool on our website.

(d) We reserve the right to transfer personal data abroad with your express consent or on the basis of further circumstances constituting authorisation under applicable data protection law.

9. How long do we retain personal data?

(a) We shall process and store data as long as necessary for the specific purpose for which the data were collected and as long as we have a legitimate interest in retaining such data (e.g. for enforcing or defending against legal claims, for archiving purposes or the benefit of IT security).

(b) We will delete or make personal data anonymous once it is no longer necessary to achieve the aforementioned purposes, unless any applicable legal or regulatory provision regarding the retention of personal data requires retention for a longer period.

10. How does Hoop protect personal data?

We take appropriate security technical and organizational measures in order to protect personal data against unauthorised or unlawful access and processing, against the risk of loss, unintended alteration or destruction. We shall continually improve our security measures according to technological developments.

11. What are your rights regarding your personal data?

(a) You have the following rights:

• the right to access personal data held by Hoop and to receive a copy thereof;
• the right to rectify incorrect or incomplete data;
• the right to obtain the erasure or destruction of personal data in the event they are no longer necessary or permitted (in this event this right is limited by the duration of data retention mentioned above under para. 10);
• the right to obtain a limitation of the data processing;
• the right to object to data processing. Despite your objection, Hoop may nevertheless continue to process data if the processing is (i) imposed by a legal obligation, (ii) necessary to fulfil the contractual obligations or (iii) necessary to pursue Hoop’s legitimate interests. This right is not limited if the objection relates to communication on products or services;
• under determined circumstances, to receive the personal data in a structured, commonly used and machine-readable format;
• where processing is based on your consent, you have the right to withdraw it at any time with effect for the future. Please note that, even after you have withdrawn your consent, we shall be entitled to continue processing your personal data to the extent permissible by law.

(b) To exercise your rights, you can contact us at contact@hoop.ch. Additionally, you have the right to lodge a complaint with the competent supervisory authority for data protection.

12. How are cookies and Matomo used

(a) Our website may use technical cookies. A cookie is a small file that asks permission to be placed on the hard drive of the computer. Unless this function is deactivated on the browser, the file will be added and the cookie will help analyze web traffic and let us know when you visit a specific website.

(b) The cookies in use on our website allow web applications to respond to the user as an individual. The web application can offer customized services depending on the user’s needs and tastes, collecting and storing information about his/her preferences.

(c) Overall, cookies help us provide a better website, allowing us to monitor which pages users find useful, and which they do not. Cookies do not give us access to computers, or provide information about users, besides the data that users choose to share with us.

(d) You can choose to accept or decline cookies. Most browsers automatically accept cookies, but usually everyone can change their browser settings to refuse cookies if they prefer so. However, this could prevent you from taking full advantage of the website and its functions.

(e) This website uses Matomo, an open source web analytics platform. Matomo is used to analyse the behaviour of the website visitors to identify potential pitfalls; not found pages, search engine indexing issues, which contents are the most appreciated… Once the data is processed (number of visitors reaching a not found pages, viewing only one page…), Matomo is generating reports for website owners to take action, for example changing the layout of the pages, publishing some fresh content… etc.

Matomo is processing the following personal data:

• Cookies

• IP address

• User ID

• Custom Dimensions

• Custom Variables

• Order ID

• Location of the user

And also:

• Date and time

• Title of the page being viewed

• URL of the page being viewed

• URL of the page that was viewed prior to the current page

• Screen resolution

• Time in local timezone

• Files that were clicked and downloaded

• Link clicks to an outside domain

• Pages generation time

• Country, region, city

• Main Language of the browser

• User Agent of the browser

The processing of personal data with Matomo is based on explicit consent. Your privacy is our highest concern. That is why we will not process any personal data with Matomo unless you give us clear explicit consent.

13. Do we use links to other websites or services?

(a) Our website may include materials and information from third-party suppliers, such as news, articles, social media icons, Partners logos, etc. This content and all related functionalities are not controlled by us, and we are not responsible for how third-party suppliers might use personal data collected during user visits to materials and information provided by said third-party suppliers. You must refer to the privacy policy of the relevant third-party supplier.

(b) Our website contains in particular links to our pages on Facebook, Instagram, Linkedin, YouTube and Vimeo. Please be aware that, when you follow these links and leave our website, we do not have control over the data processing performed on these other websites. Therefore, we are not responsible for the protection and privacy of the information provided during the visit of these websites or for the personal data collection performed by means of tracking tools used on such websites. The data processing on such websites is not governed by this privacy policy, but by the privacy policy applicable to the relevant website.

(c) Furthermore, in the case of your contributions on Hoop’s social media websites, Hoop is not responsible for data processing by these websites. Any information that you provide through the use of these features is governed by the privacy policy of the relevant third-party, and not by this privacy policy. We have no control over, and we are not responsible for how third parties might use information provided by this process.

14. Modifications to the privacy policy

This privacy policy may be updated from time to time, especially if we change our data processing activities, or if new legal provisions become applicable. In the event of significant changes to the privacy policy we shall communicate them to you.

In general, the version of the privacy policy published on our website at the time of the data processing applies.

May 2024