Privacy Policy

1. Overview and Scope

Protecting your personal data is important to Smaggxx Sports AG and its group companies (hereinafter referred to as "we", "us", or "our"). We are committed to safeguarding the personal data that we collect and process in the course of our business activities.

This Privacy Policy explains how and for what purposes we process your personal data (hereinafter referred to as "you"), which you provide to us or which we collect about you. "Personal data" means any information relating to an identified or identifiable natural person.

2. Controller and Contact for Data Protection Matters

The controller responsible for the processing of your personal data is:

Smaggxx Sports AG
Gubelstrasse 11
CH-6300 Zug
Switzerland

Telephone: +41 44 914 43 20
Email: play@smaggxx.ch

If you have any questions regarding data protection, please contact us using the details provided above.

3. Sources and Categories of Personal Data

As a general rule, we only process personal data that we receive or collect in the course of our business activities from our customers, prospective customers, event participants, website visitors, employees, service providers, suppliers, and other individuals.

If you provide us with the personal data of other individuals, please ensure that those individuals are aware of this Privacy Policy. Only provide us with their personal data if you are authorised to do so and if the information is accurate.

Depending on the circumstances, the personal data we process may include, in particular:

• Personal and contact details (e.g. name, address, gender, date of birth, telephone number, and email address);

• Contractual data that we receive or collect in connection with the initiation, conclusion, and performance of contracts with you or third parties;

• Transaction data (e.g. payment details, information relating to your payment instructions, the recipient or beneficiary, and the purpose of the payment);

• Employment-related information (e.g. job title, professional title, employer);

• Communication data (e.g. email content, written correspondence, chat messages, social media posts, website comments, telephone conversations, video conferences, identity verification documents, and metadata);

• Documentation data or information obtained through your interactions with third parties (e.g. interview records, meeting minutes, file notes, and references);

• Preference and marketing data (e.g. information about your use of our website or services, newsletter subscriptions and unsubscriptions, marketing communications received, participation in promotional activities, and your personal preferences and interests);

• Publicly available information about you (e.g. information obtained from public registers, media, and press reports); and

• Information relating to your use of our website and other technical data (e.g. IP address, device identifiers, and identifiers assigned to your device through cookies and similar technologies).

4. Purposes of Processing and Legal Bases

4.1 General Business Activities

We process your personal data primarily for the purposes required in connection with our business activities.

In particular, we process your personal data for the following purposes:

• To communicate with you, including responding to your enquiries, processing your requests, authenticating and identifying you, and providing customer service and support.

• To manage contracts and orders, including the initiation, conclusion, and performance of contractual relationships, particularly in relation to orders. This includes all processing activities that are necessary or appropriate for entering into, performing, and, where required, enforcing a contract. Examples include assessing whether and under what conditions (such as available payment methods) we will enter into a contract with you, including creditworthiness checks; providing the agreed services; issuing invoices; processing orders and deliveries; maintaining accounting records; processing job applications (including managing and evaluating applications, conducting interviews, creating personality profiles where appropriate, and obtaining references); and enforcing contractual claims, such as debt collection or legal proceedings.

• To provide, analyse, maintain, and improve our services and digital offerings, including our website.

• To invite you to events.

• To organise and manage events to which we invite you.

• To maintain customer relationships and carry out marketing activities, including sending you written and electronic communications and promotional offers relating to our own products and services or those of our advertising partners. For these purposes, we may process your personal data automatically to evaluate certain personal aspects (profiling) or to perform an initial assessment in response to your enquiry regarding a product or service. Profiling may be used, in particular, to provide you with tailored information about relevant offers.

• For accounting purposes, data archiving, and the management of our archives.

• For training and educational purposes, including the training and professional development of our employees.

• In connection with the sale of receivables, for example by providing the purchaser with information regarding the basis and amount of the receivable, as well as, where appropriate, the debtor's creditworthiness and payment behaviour.

• To implement security measures, particularly relating to IT and physical security, including access controls, visitor logs, the prevention, detection, and investigation of cyberattacks and malware, network and email security monitoring, video surveillance, telephone recordings, the prevention and investigation of criminal offences and other misconduct, internal investigations, fraud prevention, abuse prevention, evidential purposes, fraud analysis, and the evaluation of system logs.

• In connection with corporate restructurings or other corporate transactions, such as due diligence processes, company sales, or the maintenance of share registers.

• To establish, exercise, or defend legal claims in connection with legal disputes and administrative proceedings in Switzerland and abroad, including assessing litigation prospects and other legal, commercial, or business matters.

• To comply with applicable legal, regulatory (including self-regulatory), and internal requirements and policies in Switzerland and abroad, including compliance with court orders and requests from public authorities.

• For any other purposes necessary to safeguard our legitimate interests.

We process your personal data for the purposes described above on one or more of the following legal bases, depending on the circumstances:

• Processing is necessary for the performance of a contract with you or to take steps at your request prior to entering into a contract.

• You have given your consent to the processing of your personal data.

• Processing is necessary for compliance with a legal obligation.

• Processing is necessary to protect your vital interests or those of another natural person.

• Processing is necessary for the purposes of our legitimate interests, including, in particular, maintaining strong customer relationships, communicating with customers outside contractual relationships, carrying out advertising and marketing activities, improving existing products and services, developing new offerings, preventing fraud, protecting customers, employees, other individuals, business data, trade secrets, and assets, ensuring appropriate physical and digital security, operating and improving our websites and systems, managing and developing our business, buying or selling businesses or business assets, establishing, exercising or defending legal claims, and complying with Swiss and foreign laws and other applicable regulations.

4.2 When You Visit Our Website

Whenever you access our website, our servers automatically record certain information in server log files. This information may include your IP address, the date and time of access, time zone difference, the name and URL of the requested file, the website from which access originated, the browser used, and the operating system used.

The collection of this information is technically necessary to display our website correctly and to ensure its stability and security. It is also used to improve our website and analyse how it is used.

4.3 Newsletter

With your consent, you may subscribe to our newsletter to receive information about developments, products, services, and other updates that may be of interest to you.

You can subscribe using the relevant online registration form. Required fields are clearly marked, while all other information is optional.

You may withdraw your consent and unsubscribe from the newsletter at any time by clicking the unsubscribe link included in every newsletter email or by contacting us using the contact details provided in this Privacy Policy.

Where we have an existing business or contractual relationship with you, we may also send you our newsletter. You may unsubscribe at any time by clicking the unsubscribe link included in every newsletter email or by contacting us using the contact details provided in this Privacy Policy.

4.4 Email, Telephone Calls, and Video Conferences

You can contact us using the email address and telephone number provided. Any personal data you submit to us through these communication channels will be stored and processed for the purpose of handling your enquiry. The legal basis for this processing is your consent and our legitimate interest in responding to your request.

If you contact us by email, you authorise us to reply using the same communication channel. Please note that unencrypted emails are transmitted over the public internet. As a result, it cannot be ruled out that they may be viewed, accessed, or altered by unauthorised third parties. To the extent permitted by law, we accept no liability for any damages arising from transmission errors, manipulation of content, network interruptions, system overloads, unlawful interference, or other disruptions.

Telephone and video conference conversations with us may be recorded. Where this is the case, you will be informed at the beginning of the conversation. If you do not wish the conversation to be recorded, you may end the call at any time and contact us through another communication channel, such as email or post.

4.5 Cookies

Our website may use cookies. Cookies are small text files that are stored by your internet browser on your computer or mobile device. They contain a unique identifier that enables your browser or device to be recognised when you revisit our website.

We use cookies to make our website function properly and to improve your browsing experience. Certain website features cannot operate without the use of technically necessary cookies.

In addition, we use cookies and similar technologies to analyse how visitors use our website, measure website performance, and support our marketing activities.

4.5.1 Technically Necessary Cookies

Technically necessary cookies are essential for the proper functioning of our website and cannot be disabled through our systems. They generally record essential actions such as the number of requests made, your privacy preference settings, or information entered into forms.

Although you can configure your browser to block these cookies, some parts of the website may no longer function correctly.

The legal basis for processing personal data through technically necessary cookies is our legitimate interest in ensuring the functionality, security, and continuous improvement of our website.

4.5.2 Analytics and Marketing Cookies

Analytics cookies enable us to analyse visitor behaviour and traffic sources so that we can measure the performance of our website and improve the user experience. They help us understand which pages are most popular and how visitors navigate our website.

Marketing cookies allow us to display advertising that is relevant to your interests. These cookies may remember that you have visited our website and may share this information with other companies, including advertising partners.

In particular, we use the following analytics and marketing service:

Google Analytics – Google's Privacy Policy is available at: https://policies.google.com/privacy

You can also object to the use of cookies by adjusting your browser settings or by using cookie-blocking software such as Ghostery.

4.6 Social Media Plug-ins

Our website uses social media plug-ins provided by third-party platforms such as Instagram, Facebook, TikTok, and LinkedIn.

When you use these plug-ins, personal data—including your IP address, browser settings, and other technical information—may be transmitted to or stored by the respective provider. We have no control over the data collected or the processing activities carried out by these providers. Such processing is governed exclusively by the respective privacy policies of the third-party providers.

For more information about the purpose, scope, and processing of your personal data, please refer to the relevant privacy policies:

• Instagram: https://privacycenter.instagram.com/policy

• Facebook: https://www.facebook.com/privacy/policy/

• TikTok: https://www.tiktok.com/legal/page/row/privacy-policy/en

• LinkedIn: https://www.linkedin.com/legal/privacy-policy

4.7 Job Applications

You may submit your application for employment with us by post or by email.

Your application documents and all personal data provided in connection with your application will be treated as strictly confidential, will not be disclosed to third parties, and will be processed solely for the purpose of evaluating your application for employment.

Unless you instruct us otherwise, your application documents will, upon completion of the recruitment process, either be returned to you or securely deleted or destroyed, provided that no statutory retention obligation applies.

The legal bases for processing your personal data are your consent, the performance of pre-contractual measures or a contract, and our legitimate interests.

5. Disclosure of Personal Data to Recipients and International Data Transfers

5.1 Disclosure of Personal Data to Recipients

In addition to the disclosures expressly described in this Privacy Policy, we may, where legally permitted, disclose your personal data to the following categories of recipients:

• Service providers to whom we have outsourced certain services, such as providers of cloud-based services and applications used to deliver our services (including Microsoft), e-commerce platform providers, IT and hosting providers, webshop software providers, accounting software providers, payment service providers, debt collection agencies, banks, and other suppliers and subcontractors.

• Third parties that collect data about you through websites.

• Authorised representatives.

• Credit reference agencies that store this information for the purpose of providing creditworthiness assessments.

• Prospective purchasers or investors in connection with corporate restructurings or other corporate transactions.

• Accountants, auditors, and professional advisers, including legal counsel.

• Parties involved in potential or actual legal proceedings or disputes.

• Swiss and foreign public authorities, supervisory authorities, police authorities, public prosecutors, government agencies, administrative offices, and courts.

5.2 International Transfers of Personal Data

As a general rule, we process your personal data in Switzerland.

In certain circumstances, however, your personal data may be transferred abroad, for example when we engage specific service providers, use particular software applications, or operate certain e-commerce platforms. Such transfers are made primarily to member states of the European Union (particularly Ireland) and the European Economic Area (EEA), but may also be made to other countries worldwide, including New Zealand (primarily in connection with cookies) and the United States.

Where personal data is transferred to a country that does not provide an adequate level of legal data protection, we ensure an appropriate level of protection by implementing suitable safeguards as required by law, in particular the European Commission's Standard Contractual Clauses, or by relying on applicable legal exceptions, such as your consent, the performance of a contract, the establishment, exercise or defence of legal claims, overriding public interests, publicly available personal data, or where necessary to protect the vital interests of the data subject.

Please note, however, that personal data transferred abroad may no longer be protected by Swiss law and may be subject to foreign legislation or official orders requiring disclosure to public authorities or other third parties.

6. Retention Period

We process and store your personal data only for as long as is necessary to fulfil our contractual and legal obligations, to achieve the purposes for which the data was collected, or where another legal basis requires or permits its retention, such as statutory retention periods.

Personal data processed in connection with a contractual relationship will generally be retained for at least the duration of the contractual relationship and for as long as limitation periods for potential legal claims apply or contractual or statutory retention obligations exist.

Once your personal data is no longer required for these purposes, it will, wherever possible, be restricted from active processing, securely deleted, or anonymised.

7. Your Rights

Subject to the applicable data protection laws and to the extent provided by law, you have the right to:

• obtain information about the personal data we process about you;

• request the correction of inaccurate or incomplete personal data;

• request the deletion of your personal data;

• request the restriction of the processing of your personal data;

• object to the processing of your personal data; and

• receive certain personal data in a structured, commonly used, and machine-readable format or request that it be transferred to another controller (data portability).

Please note that we reserve the right to invoke the restrictions provided by law where applicable, for example where we are required to retain or process certain personal data, have an overriding legitimate interest in doing so, or require the data for the establishment, exercise, or defence of legal claims.

If exercising your rights results in costs, we will inform you in advance.

Where the processing of your personal data is based on your consent, you may withdraw your consent at any time with effect for the future. Such withdrawal does not affect the lawfulness of any processing carried out before the withdrawal of your consent.

As a general rule, exercising these rights requires that you clearly verify your identity (for example, by providing a copy of an identity document where your identity cannot otherwise be confirmed). To exercise your rights, you may contact us by post or email using the contact details provided in Section 2 of this Privacy Policy.

You also have the right to enforce your rights through the courts or to lodge a complaint with the competent supervisory authority. In Switzerland, the competent supervisory authority is the Federal Data Protection and Information Commissioner (FDPIC) (https://www.edoeb.admin.ch).

8. Data Security

We implement appropriate technical and organisational security measures to protect your personal data, particularly against unauthorised or unlawful processing, accidental loss, unintended alteration, unauthorised disclosure, or unauthorised access.

Like all organisations, however, we cannot guarantee absolute security, as certain residual risks cannot be entirely eliminated.

Our security measures include, in particular, the use of firewalls, logging and monitoring systems, encryption technologies, access control and authorisation concepts, and additional safeguards designed to ensure the highest possible level of protection for your personal data.

9. Changes to this Privacy Policy

We expressly reserve the right to amend this Privacy Policy at any time.

Any changes will be published promptly on our website. The version of the Privacy Policy published on our website at the relevant time shall be the version that applies.