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Terms and conditions of the Nearscreen.com (GVAX SA) online website

1. Applicability

The present general terms and conditions of GVAX SA, Route des Acacias 32, 1227 Geneva (hereinafter referred to as "GVAX") govern the use of the GVAX SA online site, by name Nearscreen.com, Sso.nearscreen.com, App.nearscreen.com, Swiss-QR-Bill.app, Kopitz.com, Latinofanzone.com, Copaamerica2024.bet, Copaamerica2024envivo.com, Copaamerica2024.live, Copaamerica2024live.com, Dev.gvax.tv and Gvax.tv (hereinafter referred to together or individually as "Nearscreen.com") as well as the products and services offered via the marketplaces.

The general terms and conditions apply in particular to all contractual agreements concluded with GVAX SA as operator of the Nearscreen.com online marketplaces and Nearscreen.com products & subscription services. Any person who has entered into a contractual agreement with Nearscreen.com is hereinafter referred to as a customer.

2. Entry into force, right of revocation, termination by Nearscreen.com

Nearscreen.com has the right to deactivate a customer's user account at any time without stating reasons or to terminate a previously concluded agreement within 14 days of its conclusion, without stating reasons and without compensation.

If the customer uses the marketplaces and/or the products or services offered on the marketplaces in a manner that is contrary to the contract, illegal or contrary to good morals or if the customer has generated complaints by transmitting data of insufficient quality, such as advertisement data, to Nearscreen.com, Nearscreen. com is entitled to immediately terminate the agreement without compensation and cease offering its services without prior notice to the customer and without having to compensate the customer and to deactivate the customer's user account; in either case, any price paid in advance for a certain contract term will lapse to Nearscreen.com and the customer will not be entitled to any refund. Any claims by Nearscreen.com remain reserved.

3. Use of marketplaces with or without registration

The marketplaces can be used with or without registration. However, the use of certain products and services requires registration. Only persons who are at least 18 years of age may register with Nearscreen.com. Nearscreen.com reserves the right to restrict registration to certain countries.

Nearscreen.com considers the person who uses the user ID and password to be a customer, regardless of whether that person actually has the right to access. The person registering is responsible for the proper use of the User ID and password.

4. Prices and terms of payment

Unless otherwise expressly agreed, pricing is based on the current Nearscreen.com price list. Nearscreen.com reserves the right to adjust the prices at any time in line with market and/or price developments. Unless otherwise expressly agreed, all prices are net prices in Swiss francs, including VAT.

Depending on the Nearscreen.com product or service, payment in advance in accordance with the payment terms offered by Nearscreen.com is required; otherwise the payment term is ten days from the date of invoice, unless a different payment term is agreed separately or stated on the invoice. Failure to pay within the payment period will result in the Customer being in default. Nearscreen.com may also refuse to perform its service and terminate the agreement immediately and without compensation, without the need for prior notice of default. In addition, if during the term of the agreement, payment is not made within the agreed upon time period, Nearscreen.com is entitled to block the customer's access to their user account. Payment in full of all outstanding invoices will result in the blocking being lifted. In this case, the customer will not be entitled to an extension of the contract period in proportion to the duration of the block. Upon expiration of the payment period, the statutory interest on arrears is due. A reminder fee of CHF 50.00 per reminder is payable in addition. In addition, the customer shall bear the damage suffered by Nearscreen.com as a result of the delay in payment and/or the termination of the agreement.

5. Prohibition of re-use of information

The commercial use of information and content is reserved for customers. Apart from this, customers do not acquire any rights to the content or information made available on the marketplaces. Any infringement will be subject to civil and criminal sanctions.

Customers expressly undertake not to use the information or content made available on the marketplaces in any way or form outside the marketplaces. In particular, customers shall refrain from copying, publishing or otherwise reproducing (e.g. on the Internet) the data made available on the marketplaces or linking it to other data.

6. Intellectual property rights

All rights to the information, elements and contents of the marketplaces, in particular the copyrights, trademarks and designations contained therein, are the property of GVAX or third parties to whom GVAX has granted corresponding rights of use.

Insofar as the contractual use of the Marketplaces requires the granting of rights of use to customers in connection with copyrights, trademarks and/or know-how belonging to GVAX, these are granted by GVAX on a non-exclusive, non-transferable basis and insofar as is necessary for the duration of the respective agreement. The rights of use granted to the customer are personal and non-transferable. If the customer agrees with GVAX on the use of a partner's service (see Section 14), this section also applies to these services by analogy.

The content, data, texts, videos, music, graphics and other content that the customer transmits to Nearscreen.com for publication on a marketplace (hereinafter referred to together as the "advertisement data") must not infringe any rights, in particular any third party rights such as personal rights and intellectual property rights. The customer may only transmit to Nearscreen.com advertisement data which he has created himself or which the rights holder has authorised to be used.

No addresses (postal or electronic), telephone numbers or car licence plates may be visible in the photos used in the ads. Photos of persons with easily recognizable faces may only be used with the consent of the persons concerned.

All object documents, photos and templates produced by Nearscreen.com on behalf of the customer are the property of the customer once the customer has paid the relevant invoice to Nearscreen.com in full.

7. Operation and Development of Marketplaces

The operation and management of the marketplaces is carried out by Nearscreen.com. Nearscreen.com is entitled to engage third parties to perform the services it has undertaken to provide. Nearscreen.com endeavours to operate the Marketplaces in a way that avoids disruption as much as possible. It also endeavours to limit the duration of interruptions for the repair of disturbances, maintenance work, the introduction of new technologies and other similar activities, without however being able to exclude these completely. Technical developments are left to the sole discretion of Nearscreen.com.

The partner services (see clause 14) are operated and managed by the respective partners. The technical development is at their own discretion.

8. Publication of advertisements

By providing Nearscreen.com or a partner of Nearscreen.com (see clause 14) with advertisement data, the customer authorises Nearscreen.com to place the corresponding advertisement on the marketplaces and other online and offline channels of Nearscreen.com (e.g. at trade fairs) and on the online and offline channels of Nearscreen.com partners. There is, however, no right to the publication of advertisements within the framework of these services.

Nearscreen.com has the right at any time to discontinue, modify or terminate the publication of advertisements entirely, for any reason and without compensation. Nearscreen.com also reserves the right to use the advertisement data for other purposes, either for itself or for partners, for example for statistical purposes, or to publish it in any other way, and to store and process it for this purpose.

The customer expressly agrees to the direct or indirect transfer of the advertisement data required for the use of the partner services (see section 14) and to the storage of this data in the partner's database(s) and its use by the partner. Nearscreen.com cannot guarantee the confidentiality, forgery-proof nature and authenticity of the customer's advertisement data published by the partners.

9. Data protection

The processing of data (in particular personal data) is carried out in accordance with the data protection regulations.

10. Rights and obligations of the customer

The customer undertakes to use the marketplaces and the partner services included therein (see clause 14) in accordance with the law and the contract. In particular, the customer guarantees that

- that it will transmit all advertisement data communicated to Nearscreen.com or partners in the form and quality required by Nearscreen.com, in accordance with the insertion rules of the relevant marketplaces;

- that he is entitled to pass on all the advertisement data made available to Nearscreen.com or partners directly or indirectly via third parties and that he is authorised to use this data within the framework of the contractual agreements with Nearscreen.com;

- that the ad data provided to Nearscreen.com or partners is complete, truthful, not misleading or deceptive, and that it is continuously updated;

- that the products or services offered by him are described correctly and truthfully, have the characteristics described and do not infringe any applicable laws or third party rights (in particular intellectual property rights and rights of protection of personality);

- that it accepts these terms and conditions and undertakes to comply with them at all times.

Nearscreen.com is entitled, but not obliged, to change or not to process the advertisement data provided by the customer at any time for legal or technical reasons.

The customer grants Nearscreen.com the exclusive right to use the advertisement data provided. This data may not be used, taken over or copied by third parties unless they are partners of Nearscreen.com. The customer is not entitled to demand that third parties be able to acquire the advertisement data made available by the customer for publication on their platforms. Even if the customer authorises the third party, Nearscreen.com is not obligated to allow the acquisition of the data in question.

If Nearscreen.com is taken to court by a partner or third party as a result of the use of the marketplaces, an agreement with the customer, the listing data made available by the customer or the products or services offered by the customer, the customer is obliged, upon first request by Nearscreen.com, to fully indemnify and hold Nearscreen.com harmless, including bearing Nearscreen.com's legal and other costs. Upon Nearscreen.com's request, the customer is also required to provide any documents that Nearscreen.com deems relevant to its defence and to join the trial.

11. Risk

The customer shall bear all risks that may arise as a result of manipulation of his computer system, malfunctions of his computer system and/or misuse of access rights.

12. Liability and warranty

The Marketplaces include information and content from Nearscreen.com and from advertisers and partners of Nearscreen.com. Nearscreen.com endeavours to ensure the accuracy of this information and content, but expressly disclaims any liability in this regard, in particular for the truthfulness, accuracy, completeness and timeliness of the information and content. Nearscreen.com also declines all responsibility for any damage that may result from the consultation, access or use of this information and content. The consultation and use of such information and content is carried out solely at the customer's own risk.

The customer is solely responsible for the products and services they offer on the marketplaces and for the content they transmit to Nearscreen.com (including but not limited to ad data, the ads themselves and print orders). Nearscreen.com is not responsible for the content provided by the customer. Nearscreen.com does not assume any guarantee for the products and services offered by the customer on the marketplaces, nor for the conclusion of contracts that may result from this, such as sales contracts between customers or with users and third parties.

Nearscreen.com does not check the content of websites linked to the marketplaces and is not responsible for the content of such websites.

Nearscreen.com is only liable in cases of intent or gross negligence. Nearscreen.com is not liable in any way for consequential damages or lost profits. If Nearscreen.com is unable to fulfil its contractual obligations despite taking all due care, due to force majeure, such as natural disasters, armed conflicts, strikes, unforeseen restrictions by the authorities or technical malfunctions by third parties, the customer is not entitled to demand the fulfilment of the contract for as long as the event in question continues.

In the case of work which is assessed according to the rules applicable to the contract for work and services, the customer only has the right to demand that Nearscreen.com rectify the defects. Withdrawal from the contract and reduction of the price are excluded. Insofar as the law permits, Nearscreen.com excludes any liability for consequential damage due to defects.

Nearscreen.com is not liable for the abuse of the internet by third parties, nor for any resulting damage to the customer. Nearscreen.com is also not liable for security defects and malfunctions in the telecommunications network of third parties and the Internet, nor for operational interruptions or malfunctions in the marketplaces or offers of third parties.

13. Legal Status of Nearscreen.com / GVAX

Nearscreen.com resp. GVAX is not a party to contracts concluded between customers, users or other third parties in relation to products and services that the customer offers on the marketplaces. Nearscreen.com resp. GVAX is in no way responsible for the conclusion of these contracts or for any risks arising from them.

The information and content reproduced on the marketplaces does not constitute an invitation by Nearscreen.com to make an offer, nor does it constitute an offer or recommendation to rent and/or purchase.

Nearscreen.com is entitled, but not obliged, to monitor the behaviour of users and customers and their content on the marketplaces and to check their admissibility.

14. Use of Nearscreen.com Partner Services

Each time the customer uses the partner services of Nearscreen.com integrated into the marketplaces, the customer accepts the corresponding terms of use of these services.

15. Prohibition of Clearing

The customer is not entitled to offset his claims against claims of Nearscreen.com or GVAX.

16. Prohibition of assignment

The customer is not permitted to assign its contractual relationship with Nearscreen.com to a third party without the written consent of Nearscreen.com. Similarly, claims arising from the contractual relationship with Nearscreen.com may not be assigned to third parties without the written consent of Nearscreen.com.

17. Confirmation and Amendment of these Terms and Conditions

The customer agrees to these terms and conditions each time he pays for an advertisement and publishes it on one of the Nearscreen.com exchange platforms. In this way, the customer can always consult the current version of the terms and conditions.

Nearscreen.com reserves the right to change these terms and conditions at any time. The updated version will be published on the marketplaces in an appropriate space.

18. General Provisions

If a provision of a contract is found to be invalid or unenforceable, it shall only be set aside to the extent that it is invalid or unenforceable and shall be replaced, for the remainder, by a provision that comes as close as possible to it from an economic perspective. Any gaps in the contract must be filled by rules that come as close as possible to what the parties to the contract would have agreed if they had thought of regulating the point in question at the time the contract was concluded, in keeping with the spirit and purpose of the contract in question.

19. Applicable law and place of jurisdiction

These general terms and conditions are governed exclusively by Swiss law, to the exclusion of private international law (PILA). The exclusive place of performance and place of jurisdiction is the registered office of GVAX. GVAX is also entitled to sue the customer at the courts of its headquarters/domicile.

Version: June 15, 2022 - GVAX SA

GVAX SA data protection

This data protection statement informs you about how GVAX SA and the websites/brands owned by GVAX SA (by name  Nearscreen.com, Sso.nearscreen.com, App.nearscreen.com, Swiss-QR-Bill.app, Kopitz.com, Latinofanzone.com, Copaamerica2024.bet, Copaamerica2024envivo.com, Copaamerica2024.live, Copaamerica2024live.com, Dev.gvax.tv and Gvax.tv), (hereinafter collectively "we", "us", "our", "GVAX"), process your personal data when using our websites, platforms, portals, products, services or mobile applications (hereinafter collectively "offer") and within the framework of a cooperation, to whom we may possibly pass on your data and what rights you have against us in relation to the use of your data.

We may provide you with additional data protection statements if we consider this to be appropriate. These statements supplement this declaration and should be read in conjunction with it.

We will always process your personal data in accordance with the applicable data protection regulations (including the Swiss Data Protection Act "DPA" and, where applicable, the EU General Data Protection Regulation, "GDPR"; hereinafter collectively "applicable data protection law").

"Personal data" is any information that relates to an identified or identifiable natural person or legal entities, to the extent that they are protected by the DPA. This may include, for example, your first and last name, postal address, e-mail address, date of birth, telephone number, as well as data relating to the use of our website, purchases made on our portals and your preferences. These data protection provisions also use the term "your data". Information that cannot be directly or indirectly linked to your person, i.e. your identity, is not in principle personal data.

Processing" means any operation or set of operations that is performed on personal data, whether or not by means of automated processes, such as collecting, recording, organising, structuring, storing, adapting or altering, retrieving, consulting, using, communicating by transmission, disseminating or otherwise making available, combining or interlinking, limiting, erasing or destroying your data.

Please note that third-party websites that can be accessed via our offers have their own data protection statements to inform you how they process your data. We assume no responsibility for the data protection compliance of these third parties and recommend that you consult the relevant statements on the websites of the third parties.

A Who is responsible for processing your data?

GVAX is responsible for the processing of your data that is collected or received in the context of our offers or our cooperation with you or that is processed for other purposes as defined in this data protection declaration.

B How do we collect your data?

We collect your data directly from you or receive it from third parties, e.g. from companies affiliated with us, authorities, consultants, our service providers or publicly available sources.

C Scope, purpose and legal basis for processing your data

We process your data when you use our offers, cooperate with us or otherwise come into contact with us.

In principle, we process your data for the following purposes:

- to execute and fulfil contractual or legal obligations;

- to verify access authorization and manage the user account (if any);

- to inform you about updates or changes to our offers or events and about changes to our terms and conditions, data protection statements and advertising regulations on our portals and websites;

- to combat fraud and abuse;

- to develop and maintain customer relationships;

- to manage our marketing and the marketing of third parties, i.e. all sales promotion measures, e.g. newsletter, telephone, online advertising, SMS and push notifications for market research, analysis and survey purposes as well as for statistical purposes;

- to develop and improve offers and products;

- to evaluate user behaviour.

In the following we have summarised in detail the data we process in the context of our offers, the reason why we process them and the legal basis for this processing.

I Visiting our offers (log files)

If you use our services without providing any further information, the web server technology we use automatically saves general technical navigation data in log files. This includes the IP address of the device used for the visit, data on the type of browser, the Internet service provider and the operating system used, the offers that have been accessed, the referring/exit pages, the date and the duration of the visit.

This information is collected and processed in order to enable the use of our websites (establishment of the connection), to ensure and increase the security and stability of our systems and offers, to analyse the use of our offers and services, to collect general demographic information and to enable us to optimise our offer, as well as for internal statistical purposes. The user is not identified in this context. This automatically collected information is also not normally linked to personal data stored by us. The automatically collected information can, however, be linked to personal data stored by us if you already have a user account on one of our portals or if you use certain functions of our websites as a guest, such as the contact form or the inquiry function. This information may be linked to analyse the use of our offers and services, to gather broad demographic information and to optimise our Internet offerings:

- When you send a message to a third party (e.g. an advertiser) via a corresponding function of our portal, we may record these messages, including their content.

- You can also obtain free services on our portal. We may, for example, use the personal data you provide when using a free service or in connection with a message (e-mail address, telephone number, etc.) for marketing and analysis purposes (see below under CIX).

Insofar as your personal data is processed for the above-mentioned purposes when you visit our websites, this is done in our legitimate interest to enable the use of our websites (establishment of the connection), to ensure and increase the security and stability of our systems and offers, to analyse, statistically evaluate, adapt and improve the use of our offers, and to optimise our Internet offer.

II Opening a user account

Your registration and the creation of a user account may be required to use personalised services or access protected areas, or to process requests and manage your subscriptions. To do so, you will need to enter certain personal data. This includes, for example, the following information:

- your email address, which may also serve as your user name;

- a password;

as well as other data depending on the context and the offer, such as

- your first and last name ;

- your address (full postal address, postal code, place);

- your telephone number;

- your date of birth

- your gender;

- information relating to subscription newsletters or other advertising;

- your language preferences.

In addition to the data marked as mandatory for the use of a certain offer, you are free to provide and save other personal data. By confirming the entry and transfer of your user account data during registration, you guarantee the accuracy of the data you have entered.

We use the data for the provision and administration of our digital offerings, for checking the plausibility of the data provided, i.e. for the substantiation, content structure, execution and modification of the contractual relationship concluded with you in connection with your user account, as well as for the proper invoicing of chargeable services. We process your data in this context in accordance with the applicable data protection laws.

III Use of our offers as a registered user

When registered users use our offers, we collect data for statistical purposes, to ensure the proper functioning of the portal and to analyse and optimise our offers and services. In this way, we collect data about your use of our digital offerings, including which features and advertisements you view. In accordance with applicable data protection law, it is in our legitimate interest to optimise, develop and improve our offer.

When you use our offer as a registered user, statistical data can be viewed by other registered users. This data is only made available to other registered users in anonymous and/or aggregated form.

IV Use of mobile applications

If you use our mobile applications with a mobile device and have enabled the transfer of your GPS signal data to third parties in your mobile device settings, we may collect information about your mobile device's location (longitude and latitude, horizontal accuracy information) using the GPS signal data.

We use location data to enhance your user experience by displaying location-based online advertising and other location-based digital content (e.g., location-based weather and news) on your mobile device via the mobile application(s). Before we collect your location data for the mentioned applications, we ask for your consent in accordance with the applicable data protection law.

Even after you have given your consent, you can withdraw it at any time or deactivate the collection, processing and transmission of your location data or object to these operations. If you do not wish to receive online advertising and location-based content, you may at any time deny access to your location or disable location services in your mobile device settings. To disable location-based services, please follow your device manufacturer's instructions: for Apple devices: https://support.apple.com/fr-ch/HT207092, for Android devices: https://support.google.com/accounts/answer/3467281?hl=fr.

V Purchase/acquisition of a paid offer

When you purchase a product or use a paid service, you will be required to provide certain information, such as your first and last name, your address (full postal address, postal code, location) and possibly other data (e.g. delivery address, billing address, payment information, etc.); this information is necessary for us to be able to execute the contract with you in accordance with applicable data protection law.

If you choose an online payment option such as credit card, TWINT, PostFinance or Swisscom-Pay for the purchase of a product or service for which you pay, payment is made via the online payment system of the respective supplier. In this case, the processing of personal and payment data is carried out directly via the provider of the respective payment system. We do not know or store your payment data. The data protection provisions of the online payment system provider apply in addition.

We may store your data collected for the purpose of purchasing or obtaining a paid offer in your user account for the purpose of making a future purchase or entering into a future contract in accordance with our internal storage and data protection guidelines or in accordance with legal requirements. We use them to optimise, improve and expand our offer, for marketing purposes and for statistical purposes. For this purpose, we may store all information about your current and past purchases and contracts, i.e. products, services, number of products and services per purchase as well as payment amount.

VI Contact via customer service or contact form

If you contact our customer service department, we may process your contact details (such as your title, first and last name, telephone number, e-mail address or postal address) as well as the content of the conversation in order to respond to your request. In accordance with applicable data protection law, it is in our legitimate interest to provide you with accurate and relevant information and to process your request correctly.

We may record and store inbound and outbound customer service conversations for training and quality improvement purposes, if you have consented to this.

If you fill out a contact form on our offers, we process the personal data you provide (such as your title, first and last name, telephone number, e-mail address or postal address as well as the content of the request). It is also in our legitimate interest to provide you with accurate and relevant information and to process your request correctly (in accordance with applicable data protection law).

VII Participation in promotional games and contests (hereinafter collectively "events")

In case of voluntary participation in events, we use the data you provide, such as your title, first and last name, e-mail address, postal address. This data is used for the organisation and execution of the events as well as for the direct information of the winners and/or the publication of the winners on social networks. In this context, your data may also be passed on in accordance with Section E, for example if we have commissioned a third party to organise or evaluate the event or if the event is organised by a third party via our offers.

VIII User surveys and market research

If you voluntarily participate in a survey or other market research activities on our part, we collect personal data about you, such as your title, first and last name, contact information and other information you will be asked to provide in the survey. We use the data you provide only to improve the user experience and to develop our products, which is in our legitimate interest (in accordance with applicable data protection law). The results of the surveys include only aggregated and anonymous data.

IX Marketing and analysis purposes

When you create an account or place a guest order via one of our offers, we may also use your data for personalised advertising measures on our part or on the part of affiliated companies, third parties and our shareholders. Personalised advertising measures include, in particular, the personalization of advertising by means of digital advertisements on our web offers and mobile applications, by email, e.g. e-mails containing general information or advertising (newsletter), by telephone, mail, fax, text messages, picture messages as well as on instant messaging services. You will find a link at the end of each of our emails allowing you to unsubscribe from the newsletter at any time. You can also unsubscribe from the newsletter at any time by emailing privacy@nearscreen.com.

We will only send you newsletters if they concern similar offers or if you have expressly consented to them. Otherwise, the delivery of personalised content and advertisements, e.g. on our portals or the portals of associated companies, is in our legitimate interest, in accordance with applicable data protection law, to offer you products or services that may be of interest to you and to market our products in an optimal manner. If prior consent is required, in particular for the processing of your data by affiliated companies or by our shareholders, we will ask for it beforehand.

To this end, various analytical tools may be used to continuously link historical and future user-specific data available to us and to analyse, aggregate, pseudonymize and anonymize user behaviour across our offerings. We may use publicly available data or data from third party vendors to improve our database. Other participating companies may analyse and evaluate observations about how you use our offer as part of user behaviour analysis. In this case, the data processing is carried out in principle with pseudonymized or anonymized data. You can object to the processing of your data at any time by sending an e-mail to privacy@nearscreen.com.

In addition, we process your data for analysis purposes, e.g. to continuously improve our digital offerings, to adapt them to your needs and to make them more secure. In accordance with the applicable data protection law, it is in our legitimate interest to adapt our offers to the needs of our customers, to improve them in accordance with the market and to ensure their security.

By creating a user account, you basically automatically subscribe to our newsletter and your e-mail address may therefore be used to send you advertisements about similar offers from us, until you unsubscribe from the relevant newsletter.

For the purposes described in this statement, we may also engage subcontractors for the technical execution of advertising measures and publicity on our behalf. These subcontractors will only process your data for the purposes described above (see section E below).

X Fraud prevention, litigation and legal processing obligations

We may also process your data that we collect and process under Chapters CI to CIX for the purpose of combating fraud or in the event of litigation, which is in our legitimate interest under applicable data protection law to protect our business and assert possible claims on our part. In addition, we may process your data in order to fulfil our legal obligations under applicable data protection law.

D Profiling and personality profiles

Personality profiles and/or profiling may be carried out for the purposes indicated. If personality profiles are to be shared with third parties, we will first ask for your explicit consent.

E Transfer of your data to third parties

We work with or commission other companies or persons to process and store data in accordance with this data protection declaration. These may be GVAX companies, GVAX shareholders including their subsidiaries, other third parties or subcontractors commissioned by us. These third parties may have access to your personal or usage data, but only to the extent necessary to perform the tasks we have assigned to them or for the purposes described in this data protection declaration.

We reserve the right to pass on your data in accordance with mandatory legal requirements.

I Transfer to GVAX companies

If data is passed on to GVAX companies in accordance with this section E, it will normally be pseudonymized or anonymized.

Insofar as this is lawful or compatible with the purposes described in Section C above, your data and usage data relating to your person or your user account may be passed on to GVAX companies for the purpose of evaluating, improving and adapting our offers in line with requirements, as well as for customer relationship management, personalization and marketing purposes.

If your consent is required for this purpose, we will ask you for it beforehand. You may withdraw your consent at any time. If no consent is required, the transfer of your data is based on our legitimate interest or the legitimate interest of a GVAX company or companies affiliated with GVAX and GVAX joint ventures to enable the use of our websites in accordance with applicable data protection law (establishment of the connection), to guarantee and increase the security and stability of our systems and our offers, to analyse the use of our offers, to evaluate it by means of statistics, to adapt and improve our offers, to present or send you advertisements and to be able to optimise our Internet offer.

II Transfer to GVAX shareholders

We may pass on your data to GVAX shareholders in accordance with this section E. The shareholders, in turn, may pass on this data to their subsidiaries, provided that the subsidiaries are only authorised to process the data passed on for the same purposes (described below) as those permitted to the shareholders.

A transfer takes place for the purposes of evaluating, improving and adapting our shareholders' products and services to their needs, for personalization, marketing and for combating fraud and abuse. Data will only be passed on as described in this statement if permitted by law or if we have obtained your prior consent. You can withdraw your consent at any time.

III Passing on to service providers

We will also pass on your data to third parties if this is necessary for the execution of the contract in accordance with the applicable data protection law. For this purpose, we may pass on the required data to transport companies, banks and other service providers, such as hardware or software suppliers. These service providers use your data exclusively for the processing of the order and not for any other purpose. Insofar as this is necessary for the purposes mentioned in the first sentence, the data may also be transmitted abroad, for example for the delivery of goods. You will find further information on the transfer abroad in section G.

IV Transfer to other third parties

If you click on integrated third-party offers or use integrated third-party contact forms, we may pass on your data in accordance with the offer or contact form. In addition, we may pass on your data to third parties if they wish to display advertisements or personalised announcements on our offers. In addition, your data may be passed on to third parties if we make an offer together with them.

With the exception of the data transfers described above, we will only pass on your data in accordance with the applicable data protection law if you have given your express consent, if there is a legal obligation to do so, or if it is necessary to enforce our rights, in particular those arising from the contractual relationship, which are of overriding interest to us.

In the event of a sale, merger or other reorganisation of all or part of the assets of our company, personal data may be transferred, sold or otherwise shared with third parties as part of such transaction or reorganisation.

In the case of advance payment, e.g. in the case of purchase on account, we may request a credit check by a data processing company using mathematical and statistical methods in order to safeguard our legitimate interests in concluding contracts with creditworthy customers (in accordance with applicable data protection law). For this purpose, we pass on the personal data required for the credit check to a data processing company and use the information received on the statistical probability of default to make a decision on the conclusion, performance or termination of the contractual relationship. The credit check may include probability values (score values) which are calculated on the basis of scientifically recognized mathematical and statistical methods and which include contact data in their calculations. Your legitimate interests are taken into account in accordance with the legal provisions.

Your personal data will not be passed on, transferred or sold to third parties outside of GVAX and our shareholders, unless this is necessary for the execution of a contract you have concluded with us or you have expressly consented to this.

F Use of cookies, tracking and analysis tools, and plug-ins and other third-party offer integrations

I Cookies

Cookies help to make your visit to our websites easier, more pleasant and more useful, as well as to ensure the functioning of our offers and portals; they are also used to offer you advertisements based on your interests. Cookies are files containing information that the Internet browser automatically saves on your computer's hard drive when you visit our website. Our digital offerings can in principle be used even without cookies, however, some functionality may be limited.

When you use our website, the cookies we use may collect and store usage data such as the IP address of your device, the pages viewed, the browser used, the date, time, etc. This data does not normally identify you unless you are logged into your user account.

When you close your browser, the cookies are saved on your computer in a text file and are reopened the next time you connect to the server. Cookies do not damage your computer's hard drive, nor do they transmit any personal data to us.

For example, we use cookies to recognize you after your first visit to our websites, offers or portals. In principle, it is not you as a user who is identified, but only the computer, mobile device or browser used. We also use cookies to find out who has visited our offers and portals and to determine how often certain pages or offers are visited, which parts of the portal are particularly popular and how the portal is used in general. We use other cookies so that you can navigate freely on our portal and use its features, for example when accessing protected areas, for smooth navigation between the various pages and to save your preferences. These cookies may also be necessary to use the shopping carts and payment functions. The use of cookies also makes it possible to use the choices you have made or the decisions you have made as settings to make your visit to our portal more pleasant. In general, the use of cookies serves to improve our services and make them more efficient and secure. Cookies also allow us to collect information in order to offer you advertisements that may be of interest to you. Finally, our cookies help us select online advertisements that are more relevant to your potential interests and thus prevent the appearance of ads that you may have little or no interest in.

Most Internet browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or so that you are always informed when you receive a new cookie (please consult your browser settings). You can also delete cookies from your computer or mobile device using the corresponding function of your browser.

You can decide at any time whether or not you want to receive targeted advertisements tailored to your possible interests. Opting out, however, does not mean that you will no longer see any online advertising. It simply means that the advertising displayed on the websites will no longer be selected according to your assumed interests and may therefore be less interesting for you.

You can find more information about the cookies we use and about opting out here https://nearscreen.com/nearscreen_cookies.html

Most of the cookies we use are temporary session cookies, which are automatically deleted from the computer or mobile device at the end of the browser session. However, we also use permanent cookies. These remain stored on the computer or mobile device after the end of the browsing session. Depending on their type, these permanent cookies are stored on the computer or mobile device for a period of between one month and ten years and are only automatically deactivated when the set period expires.

II Tracking and analysis tools

The use of our digital offerings is additionally measured and analysed by various technical systems, mainly from third-party providers such as Google Analytics. These measurements can be carried out anonymously or not. In this context, it is possible that we or the third-party providers of these technical systems pass on the collected data to third parties for processing.

We use Google Analytics, a service of Google Inc. In this context, the data collected may in principle be transmitted to a Google server in the USA. IP addresses are anonymized, however, so that no connection can be made between an IP address and a specific person. The IP address transmitted by your browser within the framework of Google Analytics will not be cross-referenced with other Google data. You can prevent the collection and processing of this data by Google Analytics by setting an opt-out cookie which prevents the collection of your data during your visit to this website: https://tools.google.com/dlpage/gaoptout?hl=fr.

The "Hotjar" tool is used on the websites for the non-personal analysis of the use of our portals and for statistical evaluation. In this context, information about the operating system, the browser, the geographical origin (only countries), the pages viewed during the visit as well as the interactions (e.g. mouse movements, clicks and entries on the website) are recorded.

You can find more information about the systems we use, in particular about opting out, at https://nearscreen.com/nearscreen_cookies.html

III Plug-ins and other integrations of third-party offers

Our digital offerings are connected to third-party functions and systems in various ways, for example through the integration of plug-ins from third-party social networks such as Meta, Google+, YouTube or Twitter.

If you have a user account with these third parties, they may be able to measure and analyse your use of our digital offerings. Other personal data such as IP address, personal browser settings and other parameters may be transmitted to and stored by these third parties. If you use a "social login" service such as Facebook Connect, the provider may pass on personal data such as name, e-mail address and profile picture to us, which they store about you. We have no control over the use of personal data collected by third parties in this way and accept no liability in this respect. Please refer to the links above for more detailed information on this subject. Information on the collection and use of data by third-party providers can be found in the data protection statements of these providers.

G Transfer of personal data abroad

We may also transfer your personal data to third-party companies or service providers located abroad, in particular in Europe, Asia or the United States, if this is appropriate for the data processing described in this declaration. These companies and service providers are bound by the same data protection requirements as we are. If the level of data protection in a country does not correspond to that of Switzerland, we ensure through contracts that the protection of your personal data corresponds to the level of protection in Switzerland. For this purpose, we use the EU standard contractual clauses or other contracts approved by the Federal Data Protection and Information Commissioner, which we conclude with our service providers.

H How long do we keep your data?

We retain your data for as long as is required by law or for the purposes of processing, in particular for the execution of the order or contract and to comply with legal obligations.

In the case of analyses of your data, we store your data until the analysis has been completed or you object to further processing. If we store data on the basis of a contractual relationship with you, this data will be stored for as long as the contractual relationship lasts, but at the most until the expiry of the statute of limitations for any claims we may have or until there is a legal or contractual obligation to store it.

We are legally obliged to store the contents of the contact form and the resulting e-mail exchanges for 13 months.

After this period, we endeavour to anonymize the data so that it can be used for further statistical purposes. If this is not possible for any reason, your data will be deleted if we no longer need it for the stated purpose and if we are no longer required by law to store it.

I How do we protect your data?

We take appropriate technical and organisational measures to diligently protect your data against loss, destruction, falsification, manipulation or unauthorised access. We operate secure data networks that comply with current technical standards. We are constantly improving and adapting our security measures in line with technological advances.

If you register with us as a user, access to your user account is only possible with your personal password. We recommend that you always treat payment and access information confidentially and close the browser window when you have finished communicating with us, especially if you share a computer with others.

Our employees and the employees of the service providers we have commissioned are bound to secrecy and to compliance with the legal provisions on data protection.

J What are your rights in relation to your data?

In accordance with applicable data protection law, you have the following rights:

Right of access:

You have the right to know at any time whether we process personal data about you and what that data is.

Right to rectify your data:

You have the right to have your personal data corrected at any time if you notice that we are processing incorrect data about you.

Right to erasure of your data:

If the processing of your personal data is no longer necessary, for example because you are no longer contractually bound to us or because you no longer agree to your data being processed, you can demand that it be deleted. We will delete your personal data, provided that we no longer have any obligation (e.g. a legal retention obligation) or overriding interest (e.g. in connection with legal proceedings) to retain or process your personal data for some time. In this case, we will only store your data for these purposes and will not process it in any other way.

After the deletion of your personal data, you may no longer be able to benefit from or use the services for which you have registered.

Right to limit or block the processing of your data:

You have the right to have the processing of your data limited or blocked at any time, provided that we have no further obligation to retain or process it for a certain period of time.

Right to portability of your data:

Under certain conditions, you have the right to request that we transfer your personal data to you or to a third party designated by you or to receive it in a commonly used format.

Right to object:

You may object at any time to the processing of your data for marketing and analysis purposes and to the transmission of your data within GVAX under Chapter CIX by sending an e-mail to privacy@nearscreen.com.

This objection does not completely exclude the collection of personal data, but only concerns the collection for marketing and analysis purposes and the transmission of your data within GVAX in accordance with Chapter CIX.

You can also object to any data processing based on a legitimate interest on our part by sending an e-mail to privacy@nearscreen.com, if you can demonstrate reasons relating to your particular situation.

Withdrawal of your consent:

You have the right to withdraw the consent you have given at any time. When we are informed of the withdrawal of your consent, we will stop processing your personal data for the purposes intended, unless there is another legitimate interest that allows us to continue processing. Withdrawal of your consent will not affect any data processing carried out prior to its withdrawal.

Complaint to a supervisory authority:

In addition, you have the right to file a complaint with the competent supervisory authority. In Switzerland, this is the Federal Data Protection and Information Commissioner. You can exercise this right at the supervisory authority of your place of residence, your place of work or the place where the data protection violation has occurred.

You can exercise your rights at any time by informing us in writing and providing proof of your identity.

To do so, please use the email account with which you registered with us. This will enable us to verify your identity. We also reserve the right to verify your identity by means of a copy of your passport, a copy of both sides of your identity card, a copy of your Swiss driver's licence or in any other way. We may correspond with you in the context of contacting you to exercise your rights.

Please note that the exercise of your rights may be refused or partially restricted for legal reasons or under data protection law. If required or permitted by law, we will inform you of the reasons for our decision.

K How can you contact us?

If you have any questions regarding the processing of your data, if you would like to obtain information or request the deletion of your data, please send an email to the person responsible for data protection law at privacy@nearscreen.com.

The contact details of our data protection officer are as follows

GVAX SA

Nearscreen.com Privacy Officer

32 route des Acacias

1227 Geneva

L Changes to this data protection declaration

The current data protection declaration published on our website is binding.

We regularly adapt this data protection declaration to the current state of measures concerning the use and protection of personal data. Registered users will be informed of any substantial changes to the data protection declaration by e-mail to the e-mail address given at the time of registration or by means of a corresponding notice placed appropriately after logging into the user account.

Please read this data protection declaration regularly so that you are always informed about the latest developments concerning your personal data and about how you can exercise your rights.

Status: 15 June 2022