Legal notice - the German version is the valid version for all languages

  1. General terms and conditions
  2. Notes on linked websites
  3. Copyright and trademark rights
  4. Images and illustrations
  5. Liability for contents
  6. Privacy policy
  1. General terms and conditions

1.Scope of application

These general terms and conditions apply to all services in the form of auditing, consulting, project management, preparation of expert opinions and other activities of REWISCO, REWISCO AG and REWISCO Treuhand AG ("Consulting Company") for its clients (Consulting Company and client(s) together "Parties"), unless otherwise mandatorily prescribed by law in individual cases (in particular with regard to the performance of legally prescribed auditing activities) or unless otherwise expressly agreed in writing by the Parties.

2.General content of the contract

2.1 The subject matter of the contract is the activities agreed upon in the individual case and to be carried out by the consulting company and not the guarantee for the occurrence of certain economic or other consequences. For this reason, the Consultancy Company cannot make any statements in the form of expectations, forecasts or recommendations in the sense of a guarantee with regard to the occurrence of corresponding circumstances, irrespective of the provision of certain work results.

2.2 Deadlines are considered to be general targets, unless they have been expressly agreed upon as binding assurances.

2.3 Expert opinions, statements, presentations and the like shall not be binding until they have been legally signed. In the case of other work results, the binding force shall be recorded in the same way in a corresponding final letter. Interim reports and preliminary work results, the draft character of which is expressly stated or which arise from the circumstances, may differ considerably from the final result and are therefore non-binding.

2.4 The Consulting Agency may use suitable third parties to provide its services.

2.5 Subsequent changes to the content of services are subject to an appropriate adjustment of the agreed fee.

  1. Cooperation of the customers

Customers must provide the Consulting Company in good time and without special request with all information and documents required for the proper provision of the services. The Consulting Company may assume that the documents and information provided and instructions given are correct and complete.

  1. Exchange of Information

4.1 The parties undertake to maintain secrecy about all confidential information of which they gain knowledge on the occasion of or in connection with the receipt or provision of services within the scope of the execution of the contractual relationship. All data concerning facts, methods and knowledge shall be considered confidential if they are not generally known or not publicly accessible, at least in their concrete application within the scope of the execution of the contractual relationship. Excepted from this is the passing on of confidential information for the necessary protection of legitimate own interests, as far as the respective third parties are subject to an equivalent obligation to secrecy. The obligation of secrecy continues to exist after the termination of the contractual relationship. The aforementioned obligation does not prevent the Consulting Company from executing the same or similar orders for other customers while maintaining confidentiality.

4.2 The parties may make use of electronic media such as telephone, fax and e-mail, etc. for their communication within the framework of the contractual relationship. During electronic transmission, data may be intercepted, destroyed, manipulated or otherwise adversely affected and may be lost for other reasons and may arrive late or incomplete. Each party is therefore responsible for taking reasonable precautions to ensure error-free transmission or receipt, as well as the detection of elements that are defective in terms of content or technology.

4.3 The Consulting Company may process the information that comes to its knowledge, in particular the personal data of customers, by means of computer technology or have it processed by third parties. In this way the information will also be accessible to persons who perform system support and control functions within the scope of the processing process. The consulting company ensures that the relevant persons are also subject to the obligation to maintain confidentiality.

  1. Property rights and rights of use

5.1 All industrial property rights such as intellectual property rights and license rights to the documents, products or other work results produced by the Consulting Agency within the scope of the execution of the contractual relationship as well as the know-how developed or used in this context shall be the exclusive property of the Consulting Agency, irrespective of any cooperation between the Consulting Agency and the Client.

5.2 The Consultancy Company shall grant the Customer a non-exclusive and non-transferable right of use for exclusive personal use on a permanent basis for the documents, products and other work results, including the respective associated know-how, provided to the Customer.

5.3 The passing on of documents, products and other work results or parts thereof as well as individual technical statements to third parties by the customer shall only be permitted with the express written consent of the Consulting Agency.

5.4 The customer shall refrain from modifying the documents provided to him by the Consulting Agency, in particular the binding reports. The same shall apply to products and other work results, unless their purpose is to be further processed by the customer.

5.5 Any reference to the existing contractual relationship between the parties, in particular in the context of advertising or as a reference, is only permitted with the mutual consent of both parties.

  1. Fees and expenses

6.1 In the absence of an explicit specification, the fee of the consulting firm shall be determined as a guideline on the basis of the fee recommendation of ExpertSuisse, the Swiss Association of Certified Public Accountants, Tax Consultants and Tax Consultants.

6.2 In addition to the fee, the Consultancy Company shall be entitled to reimbursement of expenses incurred and third-party fees. If the Consulting Firm makes use of third parties to provide its services, the client undertakes, upon request, to settle the fee claims and incurred expenses of such third parties directly and to release the Consulting Firm from any obligations entered into.

6.3 Cost estimates are based on estimates of the scope of the activities necessarily incurred and are prepared on the basis of the data provided by the customer. They are therefore not binding for the final calculation of the fee. Cost estimates and other details of fees or expenses are exclusive of VAT.

6.4 The Consulting Agency may demand reasonable advances on fees and expenses and may issue individual or regular interim invoices for activities and expenses already performed. If an advance payment is requested or an interim invoice is issued, the Consultants may make the performance of further activities dependent on the full payment of the amounts claimed.

6.5 Invoices for fees and invoices for expenses are to be paid upon receipt of the invoice to the account specified by the Consulting Agency.

  1. Liability: The Consulting Company shall be liable for any intentional or negligent breach of its obligations. In the event of a negligent breach of its obligations, liability shall be limited, to the extent permitted by law, to a maximum of one time the fee for the relevant assignment.

  2. Warranty: If the production of a work in the sense of Art. 363 OR was agreed upon, the customer is entitled to have any defects remedied by the consulting company. If the rectification of defects fails, the customer can demand a reduction or withdrawal from the contract. As far as claims for damages exist beyond this, item 7 applies.

  3. Dissolution of the contract and its consequences

9.1 The contract may be terminated by either party at any time in writing with immediate effect or on the expiry of a certain date.

9.2 In the event of ordinary termination of the contract, the Customer shall pay for the services rendered up to the time of termination of the contract on the basis of the effective hourly rate and the applicable hourly rates plus expenses incurred. In addition, the consulting firm is to be fully indemnified by the customer.

9.3 If the ordinary termination is made at an inopportune time, the terminating party shall be obliged to compensate the other party for the damage incurred thereby, if applicable in addition to the fee claim on the basis of the effective hourly expenditure and the respectively applicable hourly rates plus the expenses incurred.

9.4 In the event of an extraordinary termination due to the breach of contract by one party, the latter shall compensate the terminating party for any damage incurred by it as a result of the termination, if applicable in addition to the fee based on the actual hours worked and the applicable hourly rates plus expenses incurred.

9.5 The Consulting Agency shall keep the files for a period of ten years after the end of the assignment. However, this obligation shall automatically expire before the end of this period if the customer does not collect his files from the Consultancy at the agreed date within six months after termination of the contractual relationship. The files include all documents, except for the audit working papers, which the Consultancy has received from or on behalf of the Client in the course of its professional activity.

  1. General information

10.1 This contract is subject to Swiss law.

10.2 The courts of the Canton of Zug shall have exclusive jurisdiction for all disputes arising from this contract, unless another court has exclusive jurisdiction due to mandatory legal provisions.

  1. Notes on linked websites
  1. With the judgement of May 12, 1998, the Regional Court of Hamburg decided that the inclusion of a link may entail joint responsibility for the content of the linked page. This can - according to the court - only be prevented by expressly distancing oneself from these contents. We have links on our website to other sites on the Internet. Even if the aforementioned facts correspond to German jurisdiction, this could be interpreted as a precedent in other countries, and therefore applies to all links: We would like to emphasize that we have no influence on the design and content of the linked pages. Therefore, we hereby expressly distance ourselves from all contents of the linked pages on our website. This declaration applies to all pages of our website and to all links on our website and furthermore to all contents of the pages to which banners lead.

 

  1. Download: We assume no liability for damages of any kind, which are caused by the execution of the downloaded files or the information contained therein.

 

  1. Copyright and trademark rights

  2. The name REWISCO® is protected by trademark law. All rights (copyright "Copyright Rights") are owned by REWISCO. All rights reserved.

 

  1. Images and Illustrations
  2. The images on this website may be images that do not correspond to the actual events and that have been used exclusively for the purpose of this website and do not have to correspond to the personal, spatial or geographical reality.

 

  1. Liability for contents

1.The contents of our pages have been created with the utmost care. However, we cannot assume any liability for the correctness, completeness and topicality of the contents. We are not obligated to monitor transmitted or stored external information or to search for circumstances that indicate illegal activity.

Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this respect is only possible from the time of knowledge of a concrete infringement. If we become aware of any such violations, we will remove the content in question immediately.

 

  1. Privacy policy

Privacy policy

The protection of your privacy is important to us. With the following data protection information, the consulting company provides you with information about the processing of your personal data in the context of the offers and services which you can use via our web pages www.en.rewisco.com. Personal data is information about your personal or factual circumstances (such as your first and last name, your address, your telephone number or e-mail address), insofar as we can assign this information to your person.

In the following, we would like to inform you in particular which personal data can be processed when you use the website and the services and functions available there, for which purposes this is done in each case and which rights you are entitled to as a person affected in this respect.

  1. Person responsible

Responsible for the offers and functions of the website of the consulting company in Switzerland is

REWISCO AG
Rigistrasse 18c
6331 Hünenberg
phone: 044 364 16 70
mail: contact(@)en.rewisco.com

  1. Data protection officer

We have appointed a data protection officer whom you can consult on all questions relating to the processing of your personal data or the exercise of your rights as a data subject in accordance with the DS-GVO, BDSG and other data protection regulations.

You can reach our data protection officer at the following contact details:

Data protection officer of the consulting company:

REWISCO AG
Rigistrasse 18c
6331 Hünenberg
phone: 044 364 16 70
mail: contact(@)en.rewisco.com

III. processing of your personal data

The consulting company collects, processes and uses your personal data only to the extent permitted or ordered by the applicable data protection law or other legal provisions or if you have given us your consent to process your data for a specific purpose (see IV. below).

  1. Call of the website

Whenever you call up our web pages in your web browser, i.e. even if you have not yet registered to use certain functions of the web pages or are actively transmitting information to us in some other form, the following data may be transmitted to us via your computer's web browser:

- your IP address

- Date and time of your request

- Time zone difference to Greenwich Mean Time (GMT)

- Content of the request (concrete page)

- Access Status/HTTP Status Code

- Amount of data transferred in each case

- Website from which the request comes

- Your browser (incl. language setting and version)

- Operating system and its interface

- (hereinafter jointly referred to as "usage data").

We process your usage data on the basis of Art. 6 Para. 1 S. 1 lit. b) DS-GVO to enable you to call up the web pages using your web browser. Your usage data will not be transmitted to other recipients. From the time of their collection, we store your usage data for the duration of your web browser session. You are neither legally nor contractually obliged to provide us with your usage data, but you cannot access our websites without processing this data.

  1. Contacting us

In addition to contacting REWISCO AG by mail or telephone, you can also send questions and other concerns to REWISCO AG via the web form provided on the website (under the heading "Contact") or by e-mail. If you would like to send us a message via the web form, we will collect and process your first and last name, your e-mail address and telephone number as well as the message you send.

We process the data described above exclusively for the purpose of processing and answering your request. The same applies if you contact us by e-mail. The legal basis in this respect is Art. 6 Para. 1 S. 1 lit. b) DS-GVO. In principle, we store the data collected in this respect for a period of two weeks after the final answer or other handling of your inquiry; in individual cases, we also store this data for longer, insofar as we are legally entitled or obliged to do so (e.g. by virtue of retention periods under commercial or tax law). You are neither legally nor contractually obliged to provide the above-mentioned data, but we cannot process your request if you do not provide us with the data marked as "required" in the web form.

  1. Newsletter

On the website of the consulting company you have, depending on the website version, the possibility to register for different newsletters. All you have to do is give us your e-mail address and confirm that you want to receive the respective newsletter by ticking the checkbox. We process your e-mail address on the basis of this consent solely for the purpose of sending you the respective newsletter. The legal basis for this is Art. 6 para. 1 p. 1 lit. a) DSGVO. You can revoke this consent at any time free of charge and without giving reasons (see also V.7. below). You can also exercise this right of revocation in particular by clicking on the link which you will also find at the end of each newsletter sent to you. In principle, we will store the e-mail address you entered during registration until you revoke your consent. If further processing is legally permissible or prescribed, we will process the data concerned beyond this time if necessary. You are neither legally nor contractually obligated to provide your e-mail address for the purpose of sending out the newsletter, but we cannot provide this service without your consent and data.

  1. Use of cookies

We may use cookies on our websites. These are small text files that are transferred from our web server to your computer via your web browser and stored on the permanent memory (hard disk, fixed memory or similar). The information stored in cookies (e.g. IP address, date and time of the request, web browser and operating system used) is read by us. Below you will find further information on individual cookies used by us.

  1. a) Required cookies:

Some of these cookies process personal data to the extent that this is necessary for the provision of certain functions of the web pages, e.g. storage of language settings, log-in status, product selection in the online store and other data entries to enable you to navigate the web pages without having to repeat your entries on each subpage (hereinafter "function cookies"). The processing of your personal data in this respect is carried out on the basis of Art. 6 para. 1 sentence 1 lit. b) DS-GVO, whereby this data is only stored for the duration of your current browser session. You are neither legally nor contractually obliged to provide the data collected by function cookies, but you cannot use our websites without processing these data.

  1. Web tracking

We can also use so-called web tracking tools on all our websites. This is software for the creation of web statistics, with which we collect and evaluate data on visitor behaviour (e.g. length of stay on individual pages, frequency of page accesses, frequency of return of individual visitors) on our websites in order to make our websites more user-friendly and to improve the efficiency of our advertising and information measures. Below you will find further information on individual web tracking tools we use.

Google Analytics

On the websites, data on your visitor behaviour may be collected and stored for marketing and optimisation purposes using the "Analytics" software distributed by Google Analytics and transferred to pseudonymous user profiles with the aid of a special cookie.

If we use Google Analytics for our website, we use this to analyze and regularly improve our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. Google Analytics enables us to display the websites in a form tailored to your personal user behavior. To this end, we also store special cookies on your computer which record and transmit to us your user behaviour on the websites (e.g. which landing pages you visit, how you navigate on the websites and which order and registration forms you use, on which sub-pages of the websites you leave). In this respect, the use of Google Analytics also results in profiling within the meaning of Art. 4 No. 4 DS-GVO.

We use Google Analytics exclusively on the basis of your prior consent. The legal basis is therefore Art. 6 para. 1 sentence 1 lit. a) DS-GVO. The data collected with Google Analytics will be stored until your consent is revoked; if further processing is legally permissible or prescribed, we will process the data concerned beyond this point in time if necessary.

You can revoke your consent to the collection of data on your user behavior by Google Analytics at any time, free of charge and without giving reasons (see also V.7. below).

The legal basis for the use of Google Analytics is Art. 6 para. 1 p. 1 lit. f) DS-GVO. Our legitimate interest in the processing of the data hereby collected is to improve the quality and user-friendliness of the websites, whereby this data is processed pseudonymously and transmitted or stored in encrypted form. The data will be used exclusively by us and will not be transferred to other third parties. Without your separately granted consent, the data about your user behavior will not be merged with your personal data stored by us or used to identify you personally. The collected data will be stored permanently and analyzed pseudonymously.

  1. Declarations of consent

You may have given us declarations of consent that you have given us in the course of your use of the web pages or the services provided there. Note: You can revoke this consent at any time without giving reasons. You can find more information on this under V.7 (see below).

  1. Your rights as data subject(s)

In the following, we would like to inform you about the rights you are entitled to as a data subject according to Art. 15-21 DS-GVO and Art. 77 para. 1 DS-GVO. To assert these rights, you can contact us in particular by e-mail: contact(@)en.rewisco.com. to our data protection officer.

  1. Right of information:

In accordance with Art. 15 para. 1-2 DS-GVO you have the right to obtain information about your personal data processed by us. In this context, you also have the right to receive a copy of your personal data processed by us in accordance with art. 15, paras. 3-4 of the DS-GVO.

  1. Right of rectification:

Pursuant to Art. 16 of the DS-GVO, you have the right to ask us to correct or complete your personal data.

  1. The right of deletion:

Under the terms of Art. 17 Paragraph 1, 3 DS-GVO, you have the right to demand that we delete your personal data processed by us. If we have made this data public, you also have the right, in accordance with Art. 17 Paras. 2, 3 DS-GVO, to demand that we inform other responsible parties of your request to delete all links, copies or replications of this data.

  1. The right to restrict processing:

In accordance with Art. 18 of the DS-GVO, you have the right to demand that we restrict the processing of your personal data.

  1. Right to data transferability:

In accordance with Art. 20 para. 1-2 DS-GVO, you have the right to receive the personal data you have provided us with about yourself in a structured, common and machine-readable format and to request that we transfer this data directly to another responsible party.

  1. Right of objection:

In accordance with Art. 21 para. 1, 2, 5-6 DS-GVO, you have the right to object to the processing of your personal data by us if this is done for the purpose of direct advertising and/or on the basis of a "legitimate interest" in the sense of Art. 6 para. 1 sentence 1 letter f) DS-GVO.

  1. Revocation of your consent:

If you have given us your consent to process your personal data, you may revoke this consent at any time, in total or with regard to individual processing purposes, in each case without giving reasons. In particular, you can revoke your consent to the processing purposes listed in detail under Section III. by clicking on the hyperlink in the newsletter to cancel your subscription. You can also revoke your consent by e-mail to contact(@)en.rewisco.com. address.

Please note that any lawful processing of your personal data that has taken place up to the time of your revocation will not be made retroactively illegal by the latter. Should you wish to revoke your consent only for certain processing and usage purposes, we would ask you to indicate this when revoking your consent by stating the relevant purposes (e.g. as "Revocation of consent to receive personalized advertising" if you wish to revoke your consent only with regard to the processing of your data for this purpose). If you do not specify your revocation in more detail or if you expressly declare it comprehensively, we will assume that you revoke your consent with regard to all surveys, processing and uses explained in these data protection provisions.

  1. complaint to supervisory authorities:

Pursuant to Art. 77 para. 1 DS-GVO, you finally have the right, and if in accordance with Swiss law, to lodge a complaint with a supervisory authority against the processing of your personal data by us, if you believe that the processing of your personal data violates data protection regulations. In particular, you may lodge a complaint with the supervisory authority at your place of residence, workplace or the place of the alleged violation. You also have the option of asserting other legal remedies to which you are entitled (e.g. with courts or authorities).