Privacy Policy

Effective 15.06.2021, hundertzehn GmbH ("hundertzehn") has updated its Privacy Policy ("Statement").

1. Introduction

This Statement describes our commitment to protecting the privacy of individuals who visit our MOCO service and its website ("Website Visitors"), who register to use the products and services ("Service") for which we offer subscriptions (available at www.mocoapp.com). For the purposes of this Statement, the term "Websites" refers collectively to *.mocoapp.com.

2. Scope of this Statement

In addition to the Websites linked to this Statement, this Statement applies to the following:

• *.mocoapp.com
• Browser Extensions: MOCO
• Mobile Applications ("Apps"): MOCO

In this Statement, personal information refers to: Information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to a name, an identification number, location data, and online identities or other data that allow for unique identification.

The use of information collected through our Service is limited to the purpose of providing the Service for which the subscribers have signed up.

Our Websites may contain links to other websites. These are subject to the privacy policies of the respective operators/controllers. We recommend that you read the privacy policies of these other websites to understand their data handling practices.

Account information (as defined below) and other information we collect in connection with your registration or authentication in our services (as defined below) fall under this Statement. The security and privacy practices, including how we handle electronic data, texts, messages, communications, or other materials transmitted and stored for you ("Service data"), are described in this Privacy Policy.

If a subscription agreement or another applicable agreement/contract between you or your employer, or a contracting party ("Client") and a member of the hundertzehn group regarding your access to and use of a particular service, such as MOCO (collectively referred to as "Service Agreement") has been agreed upon, this Service Agreement applies. In addition, the respective Data Processing Agreement between hundertzehn and the Client applies.

3. Data you provide us

Account and Registration Information

For the provision of the Service, we store information about you, such as your name, address, telephone number, and email address. For the purposes of this Statement, all information referred to above as "Account information". By voluntarily providing us with your Account information, you declare that you are the owner of this personal data or otherwise have the necessary consent to provide it to us.

Other Data

We request personal data from you when you fill out web forms on our Websites or when you use interactive features of the Websites, including customer service inquiries or other communications with us.

Mobile Applications

When you download and use our services, we automatically collect information about the device type and operating system version used. These data are collected by our apps (in addition to the "Account Information"):

• Browser Extensions: MOCO
• Mobile Applications ("Apps"): MOCO

4. Information We Collect From You

Cookies, Tracking, and Analytics Technologies

We may use cookies and other information collection technologies. These technologies may provide us with personal information, information about devices and networks you use to access our websites, as well as other information about your interactions with our websites. When deploying such technologies, we will inform you directly and you will have the option to use or disable these services (Opt-in).

Logs

As with most websites and services provided over the Internet, we collect certain information and store it in log files when you interact with our websites and services. This information includes IP addresses (Internet Protocol), browser type, Internet service provider, URLs of the referring/exit pages, operating system, date/time stamp, searched information, locale and language settings, and identification numbers associated with your devices, information about your mobile carrier, and system configuration.

Social Media

Our websites provide a link to social media websites such as Facebook or Twitter. We do not use social media plugins. Your interactions with these features are governed by the privacy policies of the companies that provide them.

5. How We Use Information We Collect

General Use

We may use the information we collect about you (including personal data) for the following purposes:

• (a) Providing, operating, maintaining, improving, and promoting the services;
• (b) Enabling you to access and use the services;
• (c) Processing and executing transactions and sending related information, including purchase confirmations and invoices;
• (d) Sending transaction messages, including responses to your comments, questions, and requests;
• (e) Customer service and support; transmitting technical notices, updates, security alerts, and support and administrative messages. (e) Offering competitions;
• (f) Monitoring and analyzing trends, usage, and activities in connection with our services;
• (g) Investigating and preventing fraudulent transactions, unauthorized access to our services, and preventing other illegal activities; and
• (h) for other purposes for which we have obtained your consent.

When we send you promotional communications, e.g., information about products and services, features, surveys, newsletters, offers, promotions, contests, and events; and other news or information about us and our partners, we will ask for your express consent (double opt-in or similar method) before. You can opt out of receiving marketing communications from us at any time by contacting us at privacy@mocoapp.com or by following the unsubscribe instructions in our marketing communications.

Legal Basis for Processing

We collect personal data from you only if

• (a) You have given your consent,
• (b) if we need the personal information to conclude or fulfill a contract with you (e.g., to provide the services you have requested), or
• (c) if there is a legitimate interest in processing. In some cases, we may be legally required to collect personal data from you.

If we rely on your consent for processing personal data, you have the right to withdraw or refuse your consent at any time. Please note that this does not affect the legality before your withdrawal. This is especially true for the processing of your data during the trial subscription. Data collected as part of trial subscriptions will be deleted no later than 60 days after the end of the trial subscription. If we ask you to provide personal data to comply with legal requirements or to execute a contract with you, we will make this clear at the relevant time and inform you whether the provision of your personal data is mandatory and inform you about the possible consequences if you do not provide your personal data. If you have questions about the legal basis on which we collect and use your personal data, please contact us using the contact details provided in section 11 below.

6. Data Sharing

Data sharing with third parties as part of MOCO: The following subcontractors are involved in providing the services:

Website (www.mocoapp.com)

• (a) Google reCaptcha (USA, data processing according to Art. 28 GDPR). Google reCaptcha determines whether a human or a computer is making entries in our contact or registration form. IP address, the website on which the captcha is integrated at www.mocoapp.com, the date, duration of the visit, browser and operating system type, Google account, if you are logged in to Google, mouse movements on the reCaptcha areas, and tasks where you have to identify images are captured by Google. The necessity of this data processing serves to avoid SPAM and is applied on the "Contact" and "Create account" page.
• (b) Intercom (USA, data processing according to Art. 28 GDPR). Intercom registers emails via our contact form (first name, last name, email, read status), with which the operator can offer the user of MOCO the best possible and personal support. In case of inactivity, the data is deleted after 60 days (Opt-in through contact form or creation of a test access).
• (c) Exoscale (CH): European provider for the operation of the MOCO website in a Swiss data center.

Application (*.mocoapp.com)

Current list of subcontractors

Compliance with Laws and Law Enforcement Requests; Protection of Our Rights

In certain situations, we may need to disclose personal data in response to lawful requests by public authorities, including to meet law enforcement requirements or court orders. We may disclose personal information to respond to subpoenas, court orders, or legal processes, or to establish or exercise our legal rights or defend against legal claims. We may also share this information if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our service agreement, or as otherwise necessary.

7. Data Storage

hundertzehn is a company based in Switzerland. We store personal information about visitors and subscribers to the website in Switzerland.

8. Your Rights

The security of your personal data is important to us. We comply with Swiss data protection law and consider the GDPR standards of the EU to protect the personal data entrusted to us. If you have questions about the security of your personal data, you can contact us at privacy@mocoapp.com.

Data protection rights are primarily applicable to your contracting party (the controller of your personal data). If you are a MOCO end user, please first contact your contracting party who set up your MOCO access.

Upon request, we will inform you whether we have or process personal data about you. To request this information, please contact us at privacy@mocoapp.com. In addition, you have the following rights:

You can manage your receipt of marketing and non-transactional communications by clicking on the "Unsubscribe" link located at the end of our marketing emails, or you can send a request to privacy@mocoapp.com.

Right to Erasure

You have the right to erasure of personal data that we hold about you - for example, if it is no longer necessary in relation to the purposes for which they were originally collected. However, please note that we may need to retain certain information for record-keeping purposes to complete transactions or to comply with our legal obligations.

Right to Object

You have the right to request that hundertzehn stops processing your personal data and/or no longer provides you with marketing communications.

Right to Rectification and Restriction

You have the right to request that we restrict the processing of your personal data under certain circumstances (e.g., if you believe that the personal data we hold about you is inaccurate or unlawful). You have the right to correction of obviously incorrect data.

Right to Data Portability

Under certain circumstances, you may have the right to receive your personal data in a commonly used format and to request that we transfer the personal data unfettered to another data controller.

How Long We Retain Your Personal Information

We will retain your personal data for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law (e.g., taxes, accounting, or other legal requirements). If we have no legitimate business need to process your personal data, we will delete it. If this is not possible (for example, because your personal information has been stored in backup archives), we will securely store your personal data and isolate it from any further processing until deletion is possible.

To make a request that personal information maintained by us be returned to you or removed, please send us an email. Requests for access, modification, or deletion of your data will be processed within thirty (30) days.

If you wish to exercise such rights, please contact us using the contact details in Section 11 below. We will review your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before fulfilling the request.

9. Personal Information of Children

We do not knowingly collect personal information from children. We encourage parents and guardians to monitor their children's Internet use and to help enforce this statement by instructing their children never to provide personal information on the websites or services without their permission. If you have reason to believe that a child under the age of 16 has provided us with personal data through the websites or services, please contact us at privacy@mocoapp.com, and we will make reasonable efforts to delete such information.

10. Special Categories of Personal Data

You ensure that no data under Art. 9 GDPR is collected. This includes the following data categories:

• Racial and ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• genetic data
• biometric data for the unique identification of a natural person
• health data
• data concerning a person's sex life or sexual orientation

11. Changes to This Statement

If there are significant changes to this statement, you will be notified before the changes take effect by posting a notice on the websites. Depending on the severity and impact on your personal rights, your consent may be required for certain changes. In this case, we will notify you and ask for your consent.

For minor changes that do not affect your privacy, we will announce the changes on the websites. We recommend that you regularly check this page for current information on our privacy practices. Your continued use of the websites or services constitutes your consent to be bound by such changes to this statement. If you do not accept the terms of this statement, the only option is to discontinue using the websites and services.

12. Your Contact Options

Please note that when using MOCO, our primary contractual partner (client) is the organization/person with whom you have registered as a user. For questions about privacy and the exercise of the rights described here, please first contact this organization. This also applies to the exercise of the rights mentioned in Section 8.

If you have questions about this statement or the privacy practices of hundertzehn, please contact us by email at privacy@mocoapp.com or at:

hundertzehn GmbH
In der Weid 15
8122 Binz
Switzerland

This Privacy Policy is exclusively subject to Swiss law and is to be interpreted accordingly. The exclusive place of jurisdiction for disputes arising from the use of this Privacy Policy is Zurich, Switzerland.

Version Notes

Update 15.06.2021

• Removed: Subcontractor Google Analytics (USA)
• Removed: Subcontractor METANET/Netskin (CH)
• Added: Subcontractor Exoscale (CH)

Update 22.05.2018

• Update for GDPR

01.01.2016

• Initial Version