Data Protection Statement of Lonstroff AG

Version 06/08/2023

With this Data Protection Statement we, Lonstroff AG, company of Sumitomo Rubber Industries, Ltd., (hereinafter Lonstroff, we or us), describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. It is possible that other data protection statements or General Terms and Conditions, Conditions of Participation or similar documents are applicable to specific circumstances.

The term “personal data” in this Data Protection Statement to shall mean any information that identifies, or could reasonably be used to identify any 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 Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.

This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection («revDPA»). However, the application of these laws depends on each individual case.

1. Controller / Data Protection Officer / Representative

The “controller” of data processing as described in this data protection statement (i.e. the responsible person) is Lonstroff AG, Industrie Nord 1, 5634 Merenschwand.

You can notify us of any data protection related concerns regarding Lonstroff, using the following contact details: privacy@lonstroff.com, Lonstroff AG, Privacy, Industrie Nord 1, 5634 Merenschwand

Our representative in the EEA according to art. 27 GDPR is: Lars Kündig, privacy@lonstroff.com, Lonstroff AG, Privacy, Industrie Nord 1, 5634 Merenschwand

2. Collection and Processing of Personal Data

We primarily process personal data that we obtain from our clients and other business partners as well as other individuals in the context of our business relationships with them or that we collect from users when operating our websites and other applications.

We process personal data depending on your relationship with us and on the purpose for which we process the data (see section 3). Additionally, to your contact details, we also process other information about you or the people who are related to you. If indispensable, this information may also consist of sensitive personal data.

We process the following categories of personal data, depending on the purpose for which we process them (purposes are mentioned in the square brackets in section 3):

• Contact information (e.g., last name, first name, address, telephone number, e-mail address) ^{[1, 2, 3, 4, 5, 6, 7]}
• Customer information (e.g., date of birth, nationality, occupation, title, job title) ^{[1, 2, 3, 4]}
• Risk management data (e.g., credit rating information, commercial register data) ^{[1, 4, 5]}
• Financial information (e.g., data on bank details) ^{[1, 2, 3, 4, 5]}
• Data related to the customer order (e.g. contracts, protocols, e-mails), employee data (e.g. contact information, customer information), beneficial owners, commercial register data ^{[1, 2, 4, 5, 7]}
• Web page data (e.g., IP address, device information (UDI), browser information, web page usage) ^{[6, 7, 8]}
• Application data (e.g., curriculum vitae and references) ^{[5, 6]}
• Marketing information (e.g., Newsletter Registration)^{[6, 7, 8]}

We usually collect these data directly from you. We may also receive information from our customers about individuals who have no direct relationship with us but with our customer (e.g. data about the customer’s employees). We collect certain data from public or official sources (e.g. debt registers, land registries, commercial registers, press, internet) or receive data from different companies within the Sumitomo Rubber group, authorities or other third parties. Apart from data you provided 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., 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 (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 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.)
• 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, date and time of your visit, sites and content retrieved, applications used, localization data)

More detailed information can be found in the description of the respective categories of processing (see section 3).

3. Purpose of Data Processing and Legal Grounds

We use the personal data we collect primarily for these processing purposes:

• ^[1] Conclusion or execution of a contract with the data subject or for the benefit of the data subject, so especially in the context of the production of elastomers for our customers
• ^[2] Fulfilment of a legal obligation
• ^[3] Purchasing products and services from our suppliers and subcontractors
• ^[4] Fulfillment of our legal obligations domestically and internationally (e.g., financial reporting, welfare)
• ^[5] Safeguarding of legitimate interests, (e.g. for administrative purposes, to improve our quality, ensure safety, manage risk, enforce our rights, defend against claims)
• ^[6] Consent (e.g. to send you marketing information, using images and photos, to send you a newsletter)
• ^[7] Communication (e.g. use of the contact form on the website, replying to inquiries, e-mail correspondence)
• ^[8] Provision of information services (e.g. website, brochure)

You may be affected by our data processing in your capacity as an employee of such a client or 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, such as:

• Providing and developing our products, services and websites and other platforms, on which we are active;
• 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;
• Advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and we will place you on a blacklist against further advertising mailings);
• 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 and other appliances;
• Video surveillance to protect our domiciliary rights and other measures to ensure the safety of our premises and facilities as well as protection of our employees and other individuals and assets owner by or entrusted to us (such as e.g. access controls, visitor logs, network and mail scanners);
• 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 Lonstroff.

If you have given us your consent to process your personal data for certain purposes (for ex-ample when registering to receive newsletters or carrying out a background check), we will pro-cess your personal data within the scope of and based on this consent, unless we have anoth-er 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.

4. Cookies / Tracking and Other Techniques Regarding the Use of our Website

We attach great importance to the protection of your privacy when visiting our website. Accordingly, we fully refrain from using the following technologies:

• We do not use “cookies” and comparable technologies on our websites that can identify your browser or device.
• We do not include any visible or invisible image elements in our newsletters and other marketing e-mails that enable us to determine whether and when you have opened the e-mail by retrieving them from our servers.
• We do not use the services of Google Analytics or comparable providers on our websites.
• We do not use so-called plug-ins from social networks such as Facebook, Twitter / “X”, YouTube, Pinterest, Instagram, or others on our websites.

The protection of your data is of the utmost importance to us.

5. Datatransfer and Transfer of Data Abroad

In the context of our business activities and in line with the purposes of the data processing set out in section 3, 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 (between Lonstroff AG and its production site in Slovenia (Lonstroff Medicinski Elastomeri, d.o.o) or externally, such as e.g. banks, insurances), including processors (such as e.g. IT providers);
• dealers, suppliers, subcontractors and other business partners;
• clients;
• 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 of Lonstroff AG;
• other parties in possible or pending legal proceedings;
• affiliates of the Sumitomo Rubber group;

together Recipients.

Certain Recipients may be within Switzerland, but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which Lonstroff AG is represented by affiliates, branches or other offices (European Union) as well as the worldwide subsidiaries of the Sumitomo Rubber group with its headquarters in Japan. Details can be found in the list below. Likewise, you must expect the transfer of your data to other countries in Europe and the USA, where our service providers are located (such as Microsoft).

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 Eu-ropean Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?), 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, if you have consented or if data has been made available generally by you and you have not objected against the processing.

6. Retention Periods for your Personal Data

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). This period is usually at least ten years, e.g. to fulfil archiving obligations in accordance with tax law and accounting regulations or to secure the enforcement of claims. 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).

7. Data Security

We have taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse such as internal policies, trainings, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions. Connections to our website are encrypted over HTTPS using SSL.

8. Obligation to Provide Personal Data To Us

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).

9. Your Rights

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 access, rectification and erasure of your personal data, the right to restriction of processing or to 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 in addition to right to 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. We have already informed you of the possibility to withdraw consent in Section 3 above. 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 1 above.

In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

10. Amendments of this Data Protection Statement

We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment. Last change: August 2023

Based on DSAT.ch