Privacy Statement for Kalaidos University of Applied Sciences

Version dated 15.02.2023

In this privacy policy, we, Kalaidos University of Applied Sciences (hereinafter Kalaidos University of Applied Sciences, we or us), explain how we collect and otherwise process personal data. This is not a definitive description; if necessary, general terms and conditions, conditions of participation and similar documents regulate specific matters. Personal data means all information that relates to a specific or identifiable person.

If you provide us with the personal data of other people (e.g. family members, data of work colleagues), please ensure that these people are aware of this privacy policy and that you only provide us with their personal data if you are permitted to do so and if this personal data is correct.

1. Data controller / data protection officer

Kalaidos University of Applied Sciences, Jungholzstrasse 43, 8050 Zürich is the data controller for the data processing that we carry out here, unless otherwise stated in individual cases. If you have data protection concerns, you can send them to us at the following contact address: Kalaidos University of Applied Sciences, Jungholzstrasse 43, 8050 Zürich, datenschutz@kalaidos-fh.ch.

2. Collection and processing of personal data

We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other people involved, or that we collect from users when operating our websites, apps and other applications.

Insofar as this is permitted, we also obtain certain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet) or receive such data from other companies within the Kalaidos Education Group, from authorities and other third parties (e.g. credit information agencies, address dealers). In addition to the data you give us directly, the categories of personal data that we receive from third parties about you, in particular information from public registers, information that we learn in connection with official and judicial proceedings, information in connection with your professional functions and activities (so that we can, for example, conclude and process transactions with your employer with your assistance), information about you in correspondence and meetings with third parties, credit reports (insofar as we conduct business with you personally), information about you given to us by persons within your environment (family, consultants, legal representatives, etc.) so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney, information on compliance with legal requirements such as combating money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners about the use or provision of services by you (e.g. payments made, purchases made), information from the media and the internet about you (insofar as this is indicated in the specific case, e.g. as part of an application, press review, marketing/sales, etc.), your addresses and any interests and other socio-demographic data (for marketing), data related to the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location information).

3. Purposes of data processing and legal foundation

We use the personal data we collect primarily to conclude and process our contracts with our customers and business partners, in particular as part of the training and further education of our customers and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, you can of course also be affected in this function with your personal data.

In addition, we also process the personal data of you and other persons, as far as permitted and it seems appropriate to us, for the following purposes, in which we (and sometimes also third parties) have a legitimate interest relevant to the purpose:

• The offer and further development of our offers, services and websites, apps and other platforms on which we are present;
• Communication with third parties and processing their inquiries (e.g. job applications, media inquiries);
• Testing and optimisation of procedures for needs analysis for the purpose of direct customer contact and collection of personal data from publicly accessible sources for the purpose of customer acquisition;
• Advertising and marketing (including the organisation of events), unless you have objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time - we will then place you on a blocking list for further advertising mailings );
• Market and opinion research, media monitoring;
• Assertion of legal claims and defence in connection with legal disputes and governmental proceedings;
• Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
  our operational guarantees, in particular IT, our websites, apps and other platforms;
• Video surveillance to protect domiciliary rights and other measures for IT, building and plant security and protection of our employees and other people and assets belonging to or entrusted to us (e.g. access controls, visitor lists, network and mail scanners, telephone recordings);
• Purchase and sale of business areas, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and insofar this is to ensure compliance with legal and regulatory obligations as well as internal regulations of Kalaidos University of Applied Sciences.

If you have given us your consent to process your personal data for specific purposes (e.g. when registering to receive newsletters or carrying out a background check), we will process your personal data within the framework of and based on this consent if we have no other legal basis and one is required. Consent granted can be revoked at any time, but this has no effect on data processing that has already taken place.

4. Cookies / tracking and other technologies related to the use of our website

We typically use "cookies" and similar technologies on our websites and apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your or mobile device by the web browser when you visit our website or install an app. If you visit this website again or use our app, this allows us to recognise you, even if we don't know who you are. In addition to cookies which are only used during a session and are deleted after your website visit ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ("permanent cookies"). However, you can set your browser so that it rejects cookies, only saves them for one session or otherwise deletes them ahead of time. Most browsers are preset to accept cookies. We use permanent cookies to enable you to store user settings (e.g. language, auto login), so that we can better understand how you use our offers and content and so that we can show you offers and advertising tailored to you (which may also happen on other companies’ websites; however, they will not find out from us who you are, if we even know that ourselves, because they only see that the same user is on their website who was also on a certain page on ours). Some of the cookies are set by us, and some by contractual partners with whom we work. If you block cookies, certain functionalities (such as language selection, shopping cart, ordering processes) may no longer work.

In some cases and to the extent permitted, we also include visible and invisible image elements in our newsletters and other marketing emails which we can retrieve from our serves to determine whether and when you opened the email so that we can also measure and better understand how you use our offerings and tailor them to you. You can block this in your email program; most are preset to do this.

By using our websites and apps and by opting in to receive newsletters and other marketing emails, you consent to the use of this technology. If you do not want this, you must set your browser or email program accordingly, or uninstall the app if this cannot be adjusted via settings.

We sometimes use Google Analytics and other Google products or comparable services on our websites. This is a service provided by third parties, located in any country in the world (in the case of Google it is Google LLC in the USA, www.google.com), with which we can measure and evaluate the (non-personal) use of the website. Permanent cookies set by the service provider are also used for this. The service provider does not receive any personal data from us (nor does it store any IP addresses), but can track your use of the website, combine this information with data from other websites that you have visited and that are also tracked by the service provider, and use this knowledge for its own purposes (e.g. control of advertising). If you have registered yourself with the service provider,the service provider also knows you. In this case, the processing of your personal data by the service provider is the responsibility of the service provider in accordance with its data protection regulations. The service provider only tells us about how our respective website is used (no information about you personally).

We also use on our websites so-called plug-ins from social networks such as Facebook, Twitter, YouTube, Spotify, LinkedIn, XING and Instagram. You can see this in each case (typically via the corresponding symbols). We have configured these items to be disabled by default. If you activate them (by clicking), the operators of the respective social networks can register that you are on our website and where and can use this information for their own purposes. The processing of your personal data is then the responsibility of this operator in accordance with its data protection regulations. We do not receive any information about you from the service provider.

5. Data transfer and data transmission abroad

As part of our business activities and for the purposes set out in Section 3, we also disclose data to third parties, to the extent permitted and deemed appropriate, either because they process it for us or because they want to use it for their own purposes . In particular, this concerns the following:

• Our service providers (within the Kalaidos Education Group and externally, such as banks, insurance companies), including processors (such as IT providers);
• distributors, suppliers, subcontractors and other business partners;
• customers;
• domestic and foreign authorities, official bodies or courts;
• media;
• the public, including website and social media visitors;
• competitors, industry organizations, associations, organisations and other bodies;
• purchasers or those interested in acquiring business areas, companies or other parts of the Kalaidos Education Group;
• other parties in potential or actual legal proceedings;
• other companies of the Kalaidos Education Group;

These recipients are partly domestic, but can also be somewhere abroad. In particular, you must expect your data to be transferred to those countries in Europe and the USA where the service providers we use are located (e.g. Microsoft). If we transfer data to a country without adequate statutory data protection, we shall ensure that, as required by law, we use appropriate contracts (specifically on the basis of the so-called standard contractual clauses of the European Commission, which can be accessed at the following links; Decision of the Commission dated 5 February 2010, Decision of the Commission dated 27 December 2004 and Decision of the Commission dated 15 June 2001) or so-called Binding Corporate Rules for an appropriate level of protection or rely on the statutory exemptions of consent, contract processing, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the contractual guarantees mentioned at any time from the contact address given under Section 1, unless they can be accessed via the link given above. However, we reserve the right to redact copies or only deliver excerpts for reasons of data protection or secrecy.

6. Duration of storage of personal data

We process and store your personal data for as long as it is necessary for the fulfilment of our contractual and legal obligations or for the other purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from initiation and processing through to the termination of a contract) as well as in accordance with the statutory retention and documentation obligations. It is possible that personal data will be stored for the time in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidential and documentation purposes). As soon as your personal data is no longer required for the above purposes, it will be deleted or made anonymous as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less apply.

7. Data security

We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse, such as issuing instructions, training courses, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymisation, controls.

8. Obligation to provide personal data

As part of our business relationship, you must provide the personal data that is required to establish and conduct a business relationship and to fulfil the associated contractual obligations (as a rule, you do not have a legal obligation to provide us with data). Without this data, we will generally not be able to conclude or process a contract with you (or the body or person you represent). The website cannot be used either if certain information to ensure data traffic (e.g. IP address) is not disclosed.

9. Rights of the data subject

Within the framework of the data protection law applicable to you and to the extent provided therein, you have the right to be informed, correction, erasure, the right to restrict data processing and also the right to object to our data processing and to the release of certain personal data for the purpose of transmission to another location (so-called data portability). Please note, however, that we reserve the right to assert the statutory restrictions on our part, for example if we are obliged to store or process certain data, have an overriding interest in this (to the extent that we can invoke this) or require them for the assertion of claims. If costs arise for you, we will inform you in advance. We have already informed you about the possibility of revoking your consent in Section 3. Please note that the exercise of these rights can conflict with contractual agreements and this can have consequences such as premature termination of the contract or financial consequences. We will inform you in advance if this is not already contractually agreed.

The exercise of such rights usually requires that you clearly prove your identity (e.g. by means of a copy of an ID card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in Section 1.

Each data subject also has the right to enforce their claims in court or to lodge a complaint with the responsible data protection authority (Federal Data Protection and Information Commissioner, www.edoeb.admin.ch).

10. Amendments

We can amend this privacy policy at any time without prior notice. The current version published on our website applies. Insofar as the privacy policy is part of an agreement with you, in the event of an update we will inform you of the amendment by email or by other suitable means.