Borusan Machinery Switzerland AG (“Borusan Cat ”, “Company” or “we”) attaches importance to the protection and confidentiality of the personal data of people (“Users”) who visit the website < borusancat.ch > ("Website"). This Privacy Policy ("Policy") aims to inform the Users about how Borusan Cat uses the information obtained through the Website, the responsibilities of the Users and the rules and procedures of Borusan Cat for the protection of confidential information.

This Policy applies to the data collected on the Website, through direct emails and as part of a contractual relationship. For detailed information about the processing of data on other situations, please refer to the " Policy on Protection and Processing of Personal Data" on www.borusancat.com/en/corporate/about-us/protection-of-personal-data.

a) Legal Basis

This Policy has been drawn up in accordance with the Federal Act on Data Protection of 25 September 2020 (FADP) and its Ordinance of 31 August 2022.

Insofar as it is applicable, Borusan Cat also undertake to comply with Regulation (EU) 2016/679 of 27 April 2016 (GDPR), it being specified that the European Commission recognizes Switzerland as a country whose legal framework guarantees an adequate level of protection.

b) Controller

The data controller according to article 5-j FADP is:
Borusan Machinery Switzerland AG
Gotthardstrasse 26
6300 Zug
Switzerland

If you have any questions or requests in relation to the processing of your personal data, you can contact the data controller by post or email using the contact details given above.

c) Data We Collect

When you visit the Website and/or contact us by any means suggested on the Website (such as contact form, chat tool or direct emails), we may collect some of your data to contact you and enable you to benefit from our services. You may update the data you have shared with Borusan Cat at any time by contacting us.

Users may contact Borusan Cat when they want to buy or rent our products or services, convey their requests, suggestions and complaints to our Company or for other communication reasons. In this case, Users’ data such as name, surname, mobile phone, e-mail, company name, city, equipment serial number and other relevant information contained in the message are collected through the contact form or chat tool or stored in our email files.

On the Website, we also use cookies to follow the movements of the visitors, to ensure that they perform their visits appropriately, to provide a good experience to the visitors visiting the site, to improve the site structure and content, to evaluate visitor usage statistically, to perform online advertising activities and to perform personalized services according to the User’s preferences and needs.

Cookies are small files which are stored on your browser, hard drive or mobile device when you visit a website. We collect by this means data of Users (such as browser type, IP address, type of operation system, page entries, page view duration). For detailed information about cookie usage, you may read our Cookie Policy here.

If you enter into a contractual relationship with Borusan Cat (as customer, partner, employee, etc.), we may process all the data that is customary for the management of such a relationship. This includes in particular name, surname, address, mobile phone, e-mail, role, bank details and, in the case of employees, all data specific to the employment relationship and the resulting legal obligations (social security number, marital status and children, residence status, contract start/end, salary and benefits, recruitment data such as education or diplomas, place of work, performance, appraisals, time recording, IT data, pensions or daily allowances, payroll information, details accident claims, possibly health-related data, etc.). In principle, we collect this data directly from the data subject, so that the processing is transparent and recognizable.

d) Purposes and Legal Basis of Data Processing

As Borusan Cat, we use the data we collect for the following purposes:

• To communicate with Website Users, to deal with the requests, enquiries and complaints of the Users;
• If you explicitly authorize us to do so, after having been duly informed about the way in which we process your personal data ;
• To identify and fix technical problems on the Website, to conduct information security processes;
• To measure visitor experiences through cookies and to improve the performance of the Website;
• To promote our products and services, to conduct advertising and campaign processes;
• To develop and/or improve our products and services based on Users feedbacks;
• To personalize the products and services offered by our Company bearing the likes, preferences, usage habits and interests of Users;
• To manage our contractual relationships and fulfill our contractual obligations;
• Because we have an overriding interest (art. 31 para. 2 FADP), respectively a legitimate interest (art. 6 para. 1 let. f GDPR), in processing your personal data
• To fulfill our legal obligations (e.g. tax law, social insurance law).

Such data processing may be based on:

• Your consent (article 31-1 FADP; if applicable article 6-1-a GDPR), when this is apparent from your request or enquiry, and when you choose to accept cookies;
• The execution of a contract or the carrying out of pre-contractual measures (article 31-2-a FADP; if applicable article 6-1-b GDPR), when you are bound by a contract with us or contact us with a view to possibly concluding a contract with us;
• The respect of a legal obligation (article 31-1 FADP; if applicable article 6-1-c GDPR), when applicable to us, for example in relation with a criminal proceeding or in relation to tax or social security obligations arising from an employment contract;
• Our legitimate interests (article 31-1 FADP; if applicable article 6-1-f GDPR), provided that your interests or fundamental rights do not take precedence.

e) Data Sharing with Third Parties

For the technical processing of personal data mainly, he information that the Users provide to Borusan Cat may be shared with our subsidiaries and group companies in order to achieve the above-mentioned purposes. We may also use subcontractors, i.e. third-party companies that process personal data on our behalf and under our responsibility (processors within the meaning of article 5-k FADP), to the exclusion of any processing in their own interests. Subcontractors are only authorized to carry out processing that we could be entitled to carry out ourselves.

The information that the Users provide to Borusan Cat shall not be shared with third parties, except for the purposes set out in this Policy and the situations required to provide the service.

As a general rule, we try to select as far as possible subcontractors who offer excellent guarantees in relation to the protection of security of your data (certifications, etc.).

Some of our subcontractors, subsidiaries and other group companies may be located outside of Switzerland and the European Economic Area, in particular in Türkiye. In that case, we guarantee the security of the data transfer by implementing standard contractual clauses recognized by the competent authorities.

Unless we have a legal obligation to do so, personal data will not be shared with third parties other than those mentioned in this provision.

f) Storing and Protecting Your Data

Data is kept for as long as it is necessary for the purposes of the processing and other legal requirements. Data relating to a User request that has been dealt with is generally deleted after 1 year. Data relating to a contract with Borusan Cat is deleted 10 years after the execution or termination of the contract, with the exception of certain documents of employees (working hours accounts, holiday accounts and related) which may be deleted 5 years after the termination. As regards the lifetime of cookies, please refer to our dedicated Cookie Policy.

Borusan Cat takes the necessary technical and organizational measures to protect the systems and databases where your data is kept against data security threats (cyberattack, hash, etc.).

g) User’s Responsibility for the Data Provided


It is the User’s responsibility to keep the data provided to our Company accurate and up to date. The data requested from you must be conveyed accurately and, when relevant for the purposes of the processing, updated if there is any change.


When you provide data to Borusan Cat on behalf of someone else, you undertake that you have the right or authorization to share this data with Borusan Cat.

h)Rights of Users


If you are personally affected by data processing covered by this Policy, you have the following rights under the conditions laid down by the applicable legislation: a right of access (art. 25 FADP; if applicable art. 15 GDPR), a right of rectification (art. 32 FADP; if applicable art. 16 GDRP), a right of erasure (art. 32 FADP; if applicable art. 17 GDPR), a right to restrict processing (if applicable art. 18 GDPR), a right to object (art. 30 FADP; if applicable art. 21 GDPR), a right to data portability (art. 28 FADP; if applicable art. 20 GDPR) and a right to lodge a complaint with the competent authority (art. 49 FADP; if applicable art. 77 GDPR).

To exercise your rights, please send us your request by a signed letter the address given at the beginning of this Privacy Policy. We will endeavor to reply within 30 days. If you wish to exercise a right, you will be asked to prove your identity.

If you can't find the information, you're looking for in this information notice, or if you just have questions or would like to find out more, please contact us at info-cat@borusan.com. For international matters, you can also contact our international data protection department at info-cat@borusan.com.

i) Limitations of Responsibility


Borusan Cat is not responsible for any direct or indirect damages and expenses that may occur as a result of any errors, interruptions, delays, viruses, line and/or system failures that may occur during the use of the Website.

The Website may redirect to other websites that are not operated by Borusan Cat. During your visit to any of these websites, you are subject to the privacy policies and terms of use of the site you visit. Such redirection is made for User’s convenience only and Borusan Cat is not responsible for the policies and practices of these websites.

All responsibility for the content shared by a User during the use of the Website belongs to the User in question. Borusan Cat cannot be held responsible for the unlawfulness of any content shared on the Website. The User undertakes that the content uploaded to the Website belongs to her/him and does not infringe the copyrights of others.

j) Changes to The Website and This Policy


Borusan Cat reserves the right to change, suspend or stop all products and services, information, images and other items on the Website without prior notice.


Borusan Cat reserves the right to make changes and updates to this Policy. It is the User's responsibility to follow the current version of the Policy.

Date of this version: 17.09.2024