Legal

Privacy Policy and Personal Data Processing

Policy of BMC International GmbH

Last revision: August 1, 2022

1. Who We Are

BMC International GmbH is a sole proprietorship providing agent and merchandising services. We

are responsible for the collection and use of your personal data described in this privacy policy.

References to the “Company”, “we” and “our” throughout this privacy notice collectively refer to the

aforementioned legal entity.

2. Types of Information Collected

When you visit our website to read or browse through website material or to download information,

we may collect and process the following categories of personal data:

a. Name, address, telephone number, e-mail address and other contact information.

You may choose to write to us, or fill out certain forms or online data requests, which provide your

name, address, telephone number and/or e-mail address, and related information. We may use this

information to respond to your questions and requests.

b. Our communication with you.

When you send us an e-mail or otherwise communicate with us online (for example, via social

media), we register your communication with us.

c. Information we collect when you use this website.

When you use this website, certain information may be collected automatically, such as name of

the domain and host from which you access the Internet, the browser software and operating

system of your computer, the Internet protocol (IP) address of your computer and the Internet

address of the site from which you linked directly to our site. We also collect information via cookies

and similar technologies when you visit this website. For more information, please read our Cookie

Policy.

d. Information about order processing.

When you are our customer, we also collect data for the purpose of order processing, pricing, and

other information related to your order history.

e. We receive, or we can access data about you.

We only use this information to communicate with you and for statistical research. We encourage

you to review the privacy policy of the social media platform that you used to use to get more

information about the processing of your personal data.

For specific services or software, we may collect other types of information and use such

information for different purposes than described in this privacy policy. We inform you about this

when you register for the specific service or download the specific software.

3. Collection of Information

We collect the mentioned above categories of personal data in the following ways:

a. We collect data you provide to us.

When you communicate with us via email, online or social media, when you place a purchase order,

when you share personal preferences with us, we collect data directly from you.

b. Depending on your social network settings, we may receive information from your social

network provider (please see above).

For example, when you follow us via social media platforms, we can receive personal data from

these platforms related to your profile.

c. When you use our website, we collect information via cookies and similar technologies.

For more information, please read our Cookie Policy.

4. Use of Information Collected

The main purposes for which we use your personal information are:

a. To communicate with you.

If you send us an e-mail or communicate with us online or via social media, we process your data

to respond to you.

b. For statistical research.

We use automatic tools (such as cookies) to perform statistical research into general trends

regarding the use of this website and the behavior of the website’s visitors to improve this website.

c. For record keeping and to comply with statutory obligations.

We collect, store and use your data for internal business purposes, such as record keeping and to

comply with our legal and fiscal obligations.

d. To process your order.

If you place an order on this website, we work on your data to process your order.

5. Legal Basis

We collect, use and store your personal data to comply with the legal obligations we are subject to,

if necessary for our legitimate interests or the interests of a third party, for the execution of an

agreement, or on the basis of your consent.

If we process your personal data on the basis of your consent, you may withdraw your consent at

any time by following the specific instructions in relation to the processing for which you provided

your consent, by adjusting your settings (if available) or by contacting us (please see par. 9 ‘Your

Rights’ below).

If you refuse to provide personal data that we require for the execution of an agreement or

compliance with a legal obligation, we may not be able to provide all or parts of the products or

services you have requested from us. For example, when you lost the order details of an order you

placed in the past and refuse to provide information related to this order, we may not be able to

provide you with a copy of the agreement because we are not able to find the order in our systems.

When we process your personal data for our legitimate interests or the interests of a third party, we

have balanced these interests against your legitimate interests. Where necessary we have taken

appropriate measures to limit implications and prevent unwarranted harm to you. Our legitimate

interests may, for example, include security and safety purposes, to improve this website, or to

provide better products and offers to you. For more information on these interests, please see the

purposes, for which we process your personal data above. Where we process your personal data

for our legitimate interests or the third-party interests, you have the right to object at any time on

grounds relating to your particular situation (please see par. 9 ‘Your Rights’ below).

Where we process your personal data for a purpose other than that for which we collected it initially

(and we rely on a legal basis other than consent or complying with legal obligations for this new

purpose), we will ascertain whether processing for this new purpose is compatible with the purpose

for which the personal data were initially collected (please see par. 9 ‘Your Rights’ below).

6. Information Sharing

Generally, we do not sell or share your personal data with anyone outside the Company. However,

we do disclose or share data with the following categories of recipients for the following purposes.

a. For the support services we involve.

We may use third parties for support services to this website, such as IT suppliers, social network

providers, marketing agencies, credit and charge card companies and anti-fraud screening service

providers. All such third parties will be required to adequately safeguard your personal data and

only process it by following our instructions.

b. Statistical research.

For statistical research we make use of third-party software such as Google Analytics or social

media platforms. These platforms also have access to the data they collect. For example, when you

accept cookies for this website, we analyze cookie data for statistical research via Google

Analytics.

c. Ownership of the Company changes.

If ownership of the Company changes as a result of a merger, acquisition, transfer, sale of assets,

reorganization or bankruptcy your personal data may be transferred to the successor entity.

d. Public authorities.

If we are required to by law, we also collect and share your identifying information with public

authorities or governmental organizations.

Third-party websites. This website contains links to third-party websites; if you follow these links,

you exit our website. While these third-party websites are selected with care, we cannot accept

liability for the use of your personal data by these organizations. For more information, please

consult the privacy statement of the website you are visiting (if such a statement is provided).

7. Security and Retention

We ensure that your personal data are properly secured by appropriate technical and organizational

measures, so that they are protected against unauthorized or unlawful use, alteration, unauthorized

access or disclosure, accidental or wrongful destruction, and loss.

Your personal data will be retained for as long as required for the purposes described in this privacy

policy or in so far as such is necessary for compliance with statutory obligations and for solving any

disputes. For the retention period of the cookies used on this website, please see our Cookie Policy.

8. International Transfer of Your Data

We may transfer your personal data to countries other than your country of residence (including

countries outside the European Economic Area). International transferring occurs in the course of

providing your services or because our partners or service providers have operations in countries

across the world. The laws of these countries may not afford the same level of protection to your

personal data.

In the course of providing your services or because our partners or service providers have

operations in countries across the world, we may transfer your personal data to Georgia, China,

Russia, EU Countries, the United Kingdom, Switzerland, Australia and United States of America.

The European Commission has determined that certain countries outside the European Union offer

an adequate level of data protection (see article 45 General Data Protection Regulation (GDPR)).

We ensure that adequate safeguards are in place to comply with the requirements for the

international transfer of personal data under applicable privacy laws. For transfers of personal data

outside the European Economic Area, we may use European Commission approved Standard

Contractual Clauses as safeguards (see article 46 General Data Protection Regulation (GDPR)).

9. Your Rights

You are granted under applicable data protection laws, which includes (1) the right to access your

data, (2) to rectify them, (3) to erase them, (4) to restrict the processing of your data, (5) the right to

data portability and (6) the right to object to processing.

1. Right to access

You may ask us whether or not we process any of your personal data and, if so, receive access to

that data in the form of a copy. When complying with an access request, we will also provide you

with additional information, such as the purposes of the processing, the categories of personal data

concerned as well as any other information necessary for you to exercise the essence of this right.

2. Right to rectification

You have the right to have your data rectified in case of inaccuracy or incompleteness. Upon

request, we will correct inaccurate personal data about you and, taking into account the purposes

of the processing, complete incomplete personal data, which may include the provision of a

supplementary statement.

3. Right to erasure

You also have the right to have your personal data erased, which means the deletion of your data

by us and, where possible, by any other controller to whom your data has previously been made

public by us. Erasure of your personal data only finds a place in certain cases, prescribed by law

and listed under article 17 of the General Data Protection Regulation (GDPR). The certain cases

include situations where your personal data are no longer necessary in relation to the initial

purposes for which they were processed as well as situations where they were processed

unlawfully. Due to the way we maintain certain services, it may take some time before backup

copies are erased.

4. Right to restriction of processing

You have the right to obtain the restriction of the processing of your personal data, which means

that we suspend the processing of your data for a certain period of time. Circumstances which may

give rise to this right include situations where the accuracy of your personal data was contested but

some time is needed for us to verify their (in)accuracy. This right does not prevent us from continue

storing your personal data. We will inform you before the restriction is lifted.

5. Right to data portability

Your right to data portability entails that you may request us to provide you with your personal data

in a structured, commonly used and machine-readable format and to have such data transmitted

directly to another controller, where technically feasible. Upon request and where this is technically

feasible, we will transmit your personal data directly to the other controller.

6. Right to object.

You also have the right to object to the processing of your personal data, which means you may

request us to no longer process your personal data. This only applies in case the ‘legitimate

interests’ ground constitutes the legal basis for processing (see par. 5 ‘Legal basis’ above).

At any time and free of charge you can object to direct marketing purposes in case your personal

data are processed for such purposes, which includes profiling purposes to the extent that it is

related to such direct marketing. In case you exercise this right, we will no longer process your

personal data for such purposes.

You may withdraw your consent at any time by following the specific instructions in relation to the

processing for which you provided your consent, by adjusting your settings (if available) or by

contacting us.

For more information on how you can withdraw your consent for cookies and similar technologies

we use when you visit our websites, please check our Cookie Policy.

Under conditions, we are entitled to deny or restrict your rights as described above. In any case, we

will carefully assess whether such an exemption applies and inform you accordingly.

We may, for example, deny your request for access when necessary to protect the rights and

freedoms of other individuals or refuse to delete your personal data in case the processing of such

data is necessary for compliance with legal obligations. The right to data portability, for example,

does not apply in case the personal data was not provided by you or if we process the data not on

the basis of your consent or for the performance of a contract.

You can also contact us at [email protected] if you have any questions, remarks or complaints in

relation to this privacy policy.

10. Changes to Privacy Policy

All relations concerning the processing of the personal data that are not covered under this Policy,

shall be governed by the applicable laws of Switzerland.

This privacy policy was most recently amended on August 1, 2022 and replaces earlier versions.

We may update and/or change the terms of our privacy policy, and we will post any substantive

changes on our website.