Privacy Notice of EASYPEASY FLUENT AG

With this Privacy Notice we, EASYPEASY FLUENT AG (hereinafter Easypeasy, we or us), inform you about the data we collect about you, why we process it and with whom we share it with. In doing so, we will provide you with the information you need to assert your rights under the applicable Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR). However, the application of these laws depends on each individual case.

The term "personal data" in this Privacy Notice to shall mean any information that identifies, or could reasonably be used to identify a natural person.

If you provide us with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Privacy Notice and only provide us with their data if you are allowed to do so and such personal data is correct.

Easypeasy is the controller responsible for the processing of your personal data described below.

If you have any questions about data protection, you can contact us as follows:

EASYPEASY FLUENT AG
Baarerstrasse 43
6300 Zug
Switzerland
[email protected]

Our representative in the EEA according to art. 27 GDPR is: Edusogno s.r.l. - Via Caldera 21, 20153 Milano (Italy), [email protected].

We primarily process personal data that we obtain from you as a Customer, job applicant, business partner, collaborator, media representative, as a visitor of our website or as an interested party and that we use for the purposes set out in Section 5 below.

Insofar as it is permitted to us, we obtain certain personal data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet) or we may receive such information from affiliated companies, from authorities or other third parties (such as e.g., credit rating agencies, list brokers).

Apart from data you provide to us directly, the categories of data we receive about you from third parties include, but are not limited to:

• information from public registers;
• data received in connection with administrative or court proceedings;
• information in connection with your professional role and activities (e.g., in order to conclude and carry out contracts with your employer);
• information about you in correspondence and discussions with third parties;
• credit rating information (if we conduct business activities with you personally);
• information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney);
• information regarding legal regulations such as anti-money laundering and export restrictions;
• bank and payment details;
• information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases);
• information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.);
• your address and any interests and other socio-demographic data (for marketing purposes);
• data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).

We primarily use collected data in order to offer online language courses to our Customers, in particular:

• for the execution of pre-contractual measures for this purpose;
• to fulfill the obligations arising from contracts with Customers;
• for the registration procedure aimed at the purchase of online language courses;
• to contact the Customer and follow up on requests;
• to send promotional and commercial information and offers via newsletter (provided the Customer has consented to this);
• for quality assurance (provided Customer has consented to this);
• for internal training purposes (provided Customer has consented to this);
• for security and compliance purposes.

Furthermore, we process personal data of our business partners for the procurement of products and services from our suppliers and subcontractors, as well as in order to comply with our domestic and foreign legal obligations. You may be affected by our data processing in your capacity as an employee of such a business partner.

In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our (or, as the case may be, any third parties') legitimate interest or to which you have consented to, such as:

• providing and developing our products, services and websites, apps and other platforms, on which we are active (provided you have consented to this);
• recording our online classes to allow Customers who missed an online language course the review said class as well as for quality control, improving our services and for product development;
• communication with third parties and processing of their requests (e.g., job applications, media inquiries);
• review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition (provided you have consented to this);
• advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (to the extent no pre-existing contractual relationship exists, we only do this if we have obtained your consent);
• market and opinion research, media surveillance;
• a candidate's suitability for the job (e.g., recruiting, in connection with job applications, job interviews, contract negotiations);
• asserting legal claims and defense in legal disputes and official proceedings;
• prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
• ensuring our operation, including our IT, our websites, apps and other applications;
• other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals and assets owned by or entrusted to us (such as e.g. access controls, visitor logs, network and mail scanners, telephone recordings);
• acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of Easypeasy.

If you have given us your consent to process your personal data for certain purposes (for example when registering to receive newsletters), we will process your personal data within the scope of and based on this consent, unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

We typically use "cookies" and similar techniques on our websites, which allow for an identification of your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit our website. If you revisit our website, we may recognize you, even if we do not know your identity.

Besides cookies that are only used during a session and deleted after your visit of the website ("session cookies"), we may use cookies in order to save user configurations and other information for a certain time period (e.g., two years) ("permanent cookies").

Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies for the purpose of saving user configuration (e.g., language, automated log in), in order to understand how you use our services and content and to enable to show you customized offers and advertisement (which may also happen on websites of other companies; should your identity be known to us, such companies will not learn your identity from us; they will only know that the same user is visiting their website has previously visited a certain website). Certain cookies are sent to you from us, others from business partners with which we collaborate. If you block cookies, it is possible that certain functions (such as, e.g., language settings, shopping basket, ordering processes) are no longer available to you.

Further information on our use of cookies and other techniques can be obtained from our cookie banner on https://www.edusogno.com.

We may operate pages and other online presences ("fan pages", "channels", "profiles", etc.) on social networks and other platforms operated by third parties and collect data about you described in Section 3 and 4 as well as below. We receive this data from you and from the platforms when you interact with us through our online presence (for example when you communicate with us, comment on our content or visit our online presence). At the same time, the platforms analyze your use of our online presences and combine this data with other data they have about you (for example about your behavior and preferences). They also process this data for their own purposes, in particular for marketing and market research purposes (for example to personalize advertising) and to manage their platforms (for example what content they show you) and, to that end, they act as separate controllers.

We process this data for the purposes set out in Section 5, in particular for communication, for marketing purposes (including advertising on these platforms) and for market research. We may disseminate content published by you (for example comments on an announcement), for example as part of our advertising on the platform or elsewhere. We or the operators of the platforms may also delete or restrict content from or about you in accordance with their terms of use (for example inappropriate comments).

For further information on the processing of the platform operators, please refer to the privacy information of the relevant platforms. There you can also find out about the countries where they process your data, your rights of access and erasure of data and other data subjects rights and how you can exercise them or obtain further information. We currently use the following platforms:

We have a profile on LinkedIn at https://www.linkedin.com/company/28861904. The provider is LinkedIn Ireland Unlimited Company, Dublin, Ireland. You can find more information on the data protection in their data protection declaration. The processing of LinkedIn can be objected to here. Further settings can be made via the objection form. In connection with the operation of our LinkedIn profile, we use LinkedIn Page Analytics. We thus receive information about the use of our content. It helps us understand how our page is used and how to improve it. We have agreed our data protection responsibilities according to the joint controller addendum.

We operate the page https://www.facebook.com/edusogno on Facebook. The controller for the operation of the platform for users from Europe is Meta Platforms Ireland Ltd., Dublin, Ireland. Their privacy policy is available here. We are jointly responsible with Meta Platforms Ireland Ltd., Dublin, Ireland, for the data collected and processed when you visit our site for the creation of "Page Insights". Page Insights is used to compile statistics about what visitors do on our site (comment on posts, share content, etc.) as described here. It helps us understand how our site is used and how we can improve it. We only receive anonymous, aggregated data. We have organized our responsibilities with regard to data protection as described in the page controller addendum.

We have a profile on Instagram at https://www.instagram.com/edu.sogno. The provider is Instagram Inc., Menlo Park, USA, which belongs to the Meta group (Facebook). Their privacy policy is available here. Objection to advertising is possible here. In connection with the operation of our Instagram profile, we use the Instagram Insights function to obtain statistical evaluations of the users of our posts. Information on Instagram Insights can be found in the privacy policy as well as here.

We may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail, so that we can measure and better understand how you use our offers and customize them. You may disable this in your e-mail program, which will usually be a default setting.

By consenting to the receipt of newsletters and other marketing e-mails you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly.

In the context of our business activities and in line with the purposes of the data processing set out in Section 5, we may transfer data to third parties, insofar as such a transfer is permitted and we deem it appropriate, in order for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:

• our service providers (in particular IT providers, hosting providers, newsletter providers, marketing providers, content creators, customer service providers);
• administrators of language tests;
• our tutors and internal operations agents and managers (external providers);
• banks, payment providers, insurances;
• dealers, suppliers, subcontractors and other business partners;
• Customers;
• domestic and foreign authorities or courts;
• the media;
• the public, including users of our websites and social media;
• competitors, industry organizations, associations, organizations and other bodies;
• acquirers or parties interested in the acquisition of business divisions, companies or other parts;
• other parties in possible or pending legal proceedings;
• affiliates of our group;

together Recipients.

Certain Recipients, especially our tutors, administrators of language tests, customer service providers and internal operations agents and managers (external providers) may be located in any country worldwide. In particular, your data may be transmitted to any country in which these Recipients are based, our group is represented by affiliates, branches or other offices as well as to other countries in Europe, the European Economic Area (EEA) and the USA where our service providers, tutors, administrators of language tests, customer service providers and internal operations agents and managers (external providers) are located. Many of these countries, especially outside of Europe, may not provide the same level of data protection as your country of residence.

If a Recipient is located in a country without adequate statutory data protection, we require the recipient to undertake to comply with data protection (for this purpose, we use the revised European Commission's standard contractual clauses, which can be accessed here (with the amendments required by local laws and supervisory authorities, e.g., for Switzerland and the UK) unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure (for example, when tutors are based outside of Switzerland and you have booked a language course with them), if you have consented or if data has been made available generally by you and you have not objected against the processing.

We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).

We take appropriate security measures in order to maintain the required security of your personal data and ensure its confidentiality, integrity and availability, and to protect it against unauthorized or unlawful processing, and to mitigate the risk of loss, accidental alteration, unauthorized disclosure or access.

In the context of our business relationship you must provide us with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).

We may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products possibly relevant for you more accurately. For this purpose, we may use evaluation tools that enable us to communicate with you and advertise you as required, including market and opinion research.

In establishing and carrying out a business relationship, we generally do not use any fully automated individual decision-making (such as pursuant to article 22 GDPR). Should we use such procedures in certain cases, we will inform you separately on this and advise you of your relevant rights if required by law.

In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to:

• Withdraw consent
• Access
• Rectification
• Erasure
• Restriction of processing
• Object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing
• Receive certain personal data for transfer to another controller (data portability).

Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example if we are obliged to retain or process certain data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs on you, we will notify you thereof in advance. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.

In general, exercising these rights requires that you are able to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). In order to assert these rights, please contact us at the addresses provided in Section 2 above.

In addition, you have the right to enforce your rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the FDPIC. You can find a list of authorities in the EEA here.

We may amend this Privacy Notice at any time without prior notice. The current version published on our website shall apply. If the Privacy Notice is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.