Data privacy

I. Name and address of the responsible person

The responsible party within the meaning of the EU General Data Protection Regulation (GDPR) and other data protection regulations is the:

Manuel Hug
SoFlow AG
Degersheimerstrasse 40
9230 Flawil
Switzerland
Tel. +41 71 393 34 34
E-mail: info@so flow.com
Internet: https://www.soflow.com

II. General information on data processing 1. Scope of the processing of personal data

As a matter of principle, we collect and use personal data of our users only to the extent that this is necessary for the provision of a functional website and our content and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.

2. Legal basis for the processing of personal data

The processing of personal data has its legal basis in the respective applicable legal provisions.

The following applies within the scope of the EU General Data Protection Regulation (GDPR): Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) a DSGVO serves as the legal basis for the processing of personal data. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures. Insofar as processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis. If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the first-mentioned interest, Art. 6 (1) f DSGVO serves as the legal basis for the processing.

3. Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. In addition, storage may take place if this has been provided for by the

national legislator in regulations, laws or other provisions to which the responsible party is subject. Blocking or deletion of the data also takes place when a legally prescribed storage period expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

III. Provisionofthewebsiteandcreationoflogfiles 1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

1. The IP address of the user
2. The operating system on the user’s computer
3. The browser type and version used
4. Date and time of access
5. The website from which the user changed our website (Referred URL).
6. The website(s) of our Internet presence that the user visits

The data is also stored in the log files of our system or transmitted to our web space provider. A storage of this data together with other personal data of the user does not take place.A transfer of this data to third parties does not take place.

2. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

3. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected; at the latest, however, after seven days, unless further storage is required for evidentiary purposes. Otherwise, the data is exempt from deletion in whole or in part until final clarification of an incident.

4. Possibility of objection and elimination

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

IV. Customer account and registration function 1. Description and scope of data processing

If the user creates a customer account via our website and during the ordering process, the data entered by the user during registration will be collected and stored. As part of the further registration process, the user’s consent to this processing is obtained and reference is made to this privacy policy. The following data is collected in this process:

1. Surname and first name of the user
2.  Company name of the user
3. Street, house number, possibly apartment, postal code, city, canton and country of the user.
4. Telephone number of the user
5. E-mail address of the user
6. IP address of the user
7. Date and time of registration

This data will not be passed on to third parties.

2. Purpose of the data processing

The data is collected and stored exclusively for pre-contractual services, for the fulfillment of the contract or for the purpose of customer care (e.g. to provide you with an overview of your previous orders with us or to be able to offer you the so-called notepad function).

3. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. However, retention periods under tax and commercial law must be observed.

4. Possibility of objection and elimination

The user has the possibility at any time to revoke his consent to the opening and maintenance of the customer account as well as the data stored in the context of the ordering process by e- mail or in writing to the contact details above with effect for the future.

V. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The language settings made are stored and transmitted in the cookies.

2. Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

We need cookies for the following applications:

1. Adoption of language settings
2. Saving consent statements regarding the use of cookies.

The user data collected through technically necessary cookies are not used to create user profiles.data is not passed on to third parties.

3. Duration of storage, possibility of objection and elimination

Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

The transmission of Flash cookies cannot be prevented via the browser settings, but by changing the Flash Player setting.

VI. Contact form and e-mail contact 1. Description and scope of data processing

A contact form is available on our website, which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:

Name, first name, email, message content
The following data is also stored at the time the message is sent:

1. The IP address of the user
2. Date and time of registration

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.

2. Purpose of the data processing

The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

3. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e- mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

4. Possibility of objection and elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts SoFlow AG by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The objection must be made by e-mail or in writing to the contact details above. All personal data stored in the course of contacting us will be deleted in this case.

VII. Web tracking services
1. Description and scope of data processing

SoFlow AG strives to continuously develop its website. For this purpose, information can be collected anonymously via the website, e.g. the domain name, tracking of the websites visited by the user as well as the time spent on websites. For this purpose we use Google Firebase. This service collects and processes in an anonymous form information from the user’s browser when he visits our website. The use of GoogleFirebasefor the aforementioned purposes also takes place when using our app (see IX .). data will not be passed on to third parties.

2. Purpose of the data processing

The data collected is used exclusively for statistical and marketing purposes.

3. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. If the data is stored beyond this, this is done in anonymized form.

4. Possibility of objection and elimination

The collection of data for the further development of the website and its use for statistical and marketing purposes is mandatory for the operation of the website. The data is forwarded to Google Firebase in completely anonymized form. Consequently, there is no possibility of objection on the part of the user.

VIII. social media plugins
1. Description and scope of data processing

Social media plugins (“plugins”) from social network providers such as Instagram, YouTube, etc. may be used on our website. In the event of the use of such a plugin on our website, the user’s browser establishes contact with the server of the social network provider used, and the visual presentation of the plugin is loaded and made visible to the user. During this process, the social network provider receives information about the user’s visit to our website and further data, such as the user’s IP address, is transmitted.

We have no influence on the amount of data that social network providers collect via their plugins. For further information in this regard, we refer you to the respective privacy policies of the corresponding social network providers.

2. Purpose of the data processing

The respective plugins are offered to the visitors of our website for their voluntary following of SoFlow AG’s activities on the respective social networks.

3. Duration of storage

For information regarding the duration of storage of data processed via social media plugins, please contact the respective social network providers and their privacy policies. SoFlow AG does not process such data itself.

4. Possibility of objection and elimination

For information regarding objection and removal options of data processed via social media plugins, please contact the respective providers of social networks and their privacy policies. SoFlow AG does not process such data itself.

IX. User data in the app
1. Description and scope of data processing

During installation/registration in the app, the following data is collected and stored:

1. User name
2. Nickname
3. Date of birth of the user
4. E-mail address of the user

data will not be passed on to third parties.

2. Purpose of the data processing

The nickname is collected, stored and processed for the purpose of displaying it in the app rankings, the date of birth is used to check the age of the user when using the in-app store, and the user’s e-mail address is used to identify the user and deliver the newsletter. The user name and other information are also processed in the ticketing process when a new ticket is submitted for the purpose of contacting the user. The only public information concerning the user is his username.

3. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when the user account is deleted.

4. Possibility of objection and elimination

The user has the option to unsubscribe from the newsletter at any time by e-mail or in writing to the contact details above with effect for the future. The collection, storage and processing of the user data is mandatory for the provision of the app. Consequently, there is no possibility for the user to object to the user data as long as the user account exists and the app is installed on the user’s computer. However, the user can uninstall the app at any time and have his user account deleted.

X. Location data in the app
1. Description and scope of data processing

If the app has been connected to a scooter by the user and the tracking function has been the tracking function has been activated by the user in the app, the user’s location data will be recorded during the ride and the user’s route will be stored in the database as a generated image after the ride has ended. Until the end of the ride and the storage of the data, SoFlow AG has no knowledge about the route or the location of the user. Furthermore, a recording of the

activities, i.e. the data of the connected scooter such as speed, battery voltage, remaining range and power output, takes place.

When using the app, a location determination may take place in the background if the user closes the app for the duration of the journey. data is not passed on to third parties.

2. Purpose of the data processing

The collection, storage and processing of the User’s location data and route is done, on the one hand, so that the User can track his trip history and collect FlowMiles, and, on the other hand, to validate the User’s trips and prevent misuse. In addition, the storage and processing of the location data and the recording of the activities is done for statistical purposes by anonymously recording the average duration of the trips of all customers. is recorded.

3. Duration of storage

The site data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when the user account is deleted.

4. Possibility of objection and elimination

The user can either choose not to connect the app to the scooter in the first place, so that no location data is recorded and stored, or deactivate the recording and storage of location data in the app settings. The user can therefore decide for himself whether location data is recorded and make the desired settings at any time.

XI. Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the controller about the following:

1. the purposes for which the personal data are processed;
2. the categories of personal data which are processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
4. the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for the determination of the storage duration;
5. the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. any available information on the origin of the data, if the personal data are not collected from the data subject;
8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

3. Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

1. if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
2. the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
3. the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or
4. if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it has not yet been determined whether the controller’s legitimate grounds override your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to deletion

a) Obligation to delete

You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons applies:

1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
2. You withdraw your consent on which the processing was based and there is no other legal basis for the processing.
3. You object to the processing and there are no overriding legitimate grounds for the processing, or you object to the processing.
4. The personal data concerning you have been processed unlawfully.
5. The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
6. The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary to

1. to exercise the right to freedom of expression and information;
2. for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
4. for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
5. for the assertion, exercise or defense of legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning

you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right against the controller to be informed about these recipients.

6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

1. the processing is based on consent pursuant to Art. 6 (1) lit. a DSGVO or Art. 9 (2) lit. a DSGVO or on a contract pursuant to Art. 6 (1) lit. b DSGVO and
2. the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

7. Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, to exercise your right to object by means of automated procedures using technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

1. is necessary for the conclusion or performance of a contract between you and the controller,
2. is permitted on the basis of legal provisions to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests, or
3. is done with your express consent.

However, these decisions may not be based on special categories of personal data unless there is a legal exception and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

XII. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.