Terms & Conditions

Terms & Conditions

1. Introduction

Maclear AG, with its registered office in Wallisellen and number CHE-115.674.165 (Maclear), operates an online p2p crowdlending platform www.maclear.ch (Platform). The Platform is an intermediary platform providing loans to Borrowers with loan amounts financed by the direct assignment of loan claims to Investors who provide the money. Maclear does not grant loans and Maclear is not a bank.

The Platform aims to bring Investors and Borrowers together. Together, the Investors and the Borrowers are the Users of the Platform.

These General Terms & Conditions explain the terms under which the Users are allowed to access and use the Platform, set out the role of Maclear and the obligation of the Users.

The General Terms & Conditions are effective on the date of the acceptance by the User. The User’s continued use of the Platform after that will signify that the User has read, understood, and accept and agree to be bound by these General Terms & Conditions.

Maclear may update these General Terms & Conditions from time to time in its sole discretion. Revisions will take effect when posted, unless stated otherwise.

To be able to use the Platform, the User must agree to these General Terms & Conditions either as an Investor or as a Borrower.

2. Provisions Applying Equally to All Users

2.1 Financing of Projects – Generalities

The Platform is an intermediary platform providing loans to Borrowers with loan amounts financed by the direct assignment of loan claims to Investors who provide the money for the Borrower’s projects. For their projects, Borrowers are seeking to obtain funds over the Platform. Therefore, Borrowers and Maclear conclude a loan agreement (Loan Agreement). The loan amount that has been issued to the Borrower shall be repaid to Maclear by the Borrower plus the interest set in advance and transferred to the Investors by Maclear in proportion to their investments.

Investors may finance part or all of the loan by acquiring from Maclear the assignment of the loan claims under the Loan Agreement. When an Investor finances a project or part thereof, it becomes bound to Maclear by an assignment agreement (Claim Purchase & Assignment Agreement). Claims against Borrowers arising from the Loan Agreement are transferred by Maclear to the Investors in accordance with the Claim Purchase & Assignment Agreement. The Claim Purchase & Assignment Agreement is an agreement between Maclear and the Investors regarding the purchase and transfer of the claims of Maclear against Borrowers, as well as management by Maclear of such claims.

Utilising Secondary Market function implemented in Maclear AG Platform, Maclear also administrates transfers (sale/purchase) of the Claims towards Borrowers between participating registered Investors. This function also realised through Claim Purchase & Assignment Agreement, where the Seller is one Investor and the Buyer is the other Investor.

Users are anonymous on the Platform. There is no direct contract between the Borrower and the Investor. Users do not receive any information about the identity of other Users via the platform.

If the target amount is reached within the offer period and all Investor funds are available in the target amount to Maclear for the project, Maclear will declare the project funding successful. With this declaration, the suspensive effect of the Claim Purchase & Assignment Agreements between Maclear and the Investors and the suspensive effect of the Loan Agreement between Maclear and the Borrower is realised and both agreements become fully legally binding and valid for all parties. Maclear transfers instantly the loan amount to the Borrower, minus the success fee as defined in for the specific project and the provision fund allocation, and assign the claim to each of the Investors as per the investment amount. In the Investment Project Acceptance and Confirmation Agreement, Maclear and Borrower agree on the key data of a project. Two further agreements concluded between Maclear and the Investors govern the payment and management of claim process.

Maclear shall make available the respective agreements to the Investor and the Borrower, respectively, in the User account

.

By registering and accepting the General Terms & Conditions, the User accepts that any contract concluded in connection with Maclear is valid even if it is concluded in several copies. In this case, each copy shall be deemed to be the original of the agreement and all copies together shall be deemed to be one and the same agreement. Signatures to an agreement transmitted by e-mail in ".pdf"-format or by other electronic means intended to preserve the original graphic and pictorial appearance of the agreement shall have the same effect as the physical delivery of the paper document bearing the original signature. By signing on behalf of another person or company, the User declares that he/she is duly authorized to sign on behalf of that person or company.

2.2 Fees

For each project, a minimum loan amount that needs to be reached is set during the fixed offer period as published on the Platform (target loan amount). During this offer period, Investors can commit funds to a project. After successful funding of the project, Maclear collects a fee from the borrower.

Maclear does not charge any additional fees from the Investors or the Borrowers unless explicitly stated otherwise.

Maclear may charge additional fees to the Investors for the administration and processing of Claims between the Investors on the Secondary Market (sale/purchase of the claims) towards Borrowers listed on the Platform. The fees’ structure should be specified in the Claim Purchase & Assignment Agreement.

2.3 User Accounts

Each User must create a User account in order to access the services of the Platform. The User account will be activated as soon as the User has registered.

Amongst others the status of onboarding verification, activated loan applications, status of the corresponding project financing, are visible on the User account. For all successfully concluded contracts between the User and Maclear, the amounts, interest rates and outstanding payments are stored.

During a running project, Users should check their User accounts and e-mails at least once a week.

2.4 User’s Registration

Registration is required for the use of the Platform. Registration requires opening a personal User account and agreeing online to these General Terms & Conditions (“I agree” button at the end). The User must agree to these General Terms & Conditions either as an Investor or as a Borrower.

Users can either register as Investors or Borrowers. If a User wishes to use the Platform as both an Investor and a Borrower, or if a User wishes to register as a private person and company, separate registry for additional User accounts is needed. The User account is personal and not transferable. Group registrations are not accepted.

The Platform is offered solely to Users above the age of 18 (or the legal age in their local jurisdiction, if higher) and businesses with full legal capacity.

The Platform is solely directed at Users with residency or legal seat in Switzerland. Users outside of Switzerland are solely responsible to verify the tax and regulatory implications of their participation and must, upon registration or request, confirm that they have discovered the Platform on their own and that they have initiated the contact to Maclear.

Each interested User has to complete the customer onboarding form on the Platform completely and accurately, accept these General Terms & Conditions and set a password to create a User account. To activate a User account, the User has to confirm the e-mail address by clicking the link sent by Maclear.

Registrations that remain incomplete can be deleted by Maclear after 30 days.

Registration is free of charge.

2.5 Onboarding Due Diligence

The User undertakes to provide the information required for registration truthfully and completely. In order to access the investment functionalities as an Investor or to submit a project as a Borrower, Maclear is required by law to conduct a know-your-customer (KYC) check for all new Users. The information required is at the sole discretion of Maclear. Each User must go through the verification process when registering for the User account. Users must be identified by Maclear in compliance with the legal requirements and particularly the current legislation on money laundering (Swiss Anti Money Laundering Act, AMLA). Maclear is allowed to outsource its Investor’s AML/KYC identification duties. The Borrower's identification duties are carried out by Maclear itself as part of the overall Borrower and project review process.

After verification of the User’s identity, Maclear needs to store inter alia:

• Extracts from the real-time identification process.
• Photos of the front and backside of the identity document.
• Photo of the User’s face and a photo of the Investor holding her/his passport or ID.
• Further documents provided in the context of the verification process, such as utility bill or commercial register extracts.

The User’s personal information will be stored and handled in full compliance with the applicable privacy regulations including the Swiss Data Protection Act and the EU General Data Protection Regulation (EU GDPR). The User’s personal information will be used only to comply with Maclear's legal obligations as per its Privacy Policy.

Maclear reserves the right to check the information and to obtain complementary information from third parties if necessary. The KYC-process requires at least a valid identification document and, in the case of a legal entity, a document proving that the natural person is authorized to perform legal acts on behalf of the legal entity. Maclear may request a live interview as well as additional information and documents such as a utility bill. In case of the registration of a legal entity, additional documentation such as commercial register extracts are required and the User shall designate an authorized representative which may act on behalf of the User on the Platform.

Once the User has submitted all the requested information, Maclear will review the application. Users can view the verification status in the User account ('not verified' or 'verified'). Once the verification status is changed to 'verified', the User will be informed by e-mail and the additional functionalities of the Platform will be available.

There is no right to be accepted as a User and registration and access to the Platform may be denied by Maclear in its sole discretion. Maclear may request further information at any time, also after the verification and make the continued access to the Platform subject to further requirements in order to comply with laws and regulations. Excluded Users are not allowed to re-register without prior written consent of Maclear.

2.6 Password

The User is solely responsible to keep the password strictly confidential. If there are any grounds to suspect the password was compromised, the User must reset the password and contact Maclear immediately (info@maclear.ch). Any action taken with the credentials of the User will be deemed by Maclear to be an action taken and fully authorized by the registered User.

Maclear will never ask the User’s password via e-mail or telephone. Users shall immediately contact Maclear if any suspicious calls or e-mails are received. Maclear will never give the password to any third party.

The User account is personal and non-transferable. Only the respective User and Maclear can view the User account.

2.7 Communication

All communication by Maclear to the Users which are not required by law to be sent in written form, the Users acknowledge and agree that any electronic means of communication such as messages in the User account, e-mails or SMS are sufficient and legally binding. For purposes of calculating deadlines, the time stamp when the message was sent is the relevant time and date for on which the message is delivered to the User.

The Users are solely responsible to ensure continued access to the means of communication provided by Maclear. The User can and, in case of the described circumstances in these General Terms & Conditions, should contact Maclear via the email-address: info@maclear.ch.

2.8 Change of Information

The Users must notify Maclear by email to info@maclear.ch without delay in case of change of any information provided in the registration process, including but not limited to address, electronic contact methods and banking information.

2.9 Referral/Affiliate and Loyalty Program

Maclear may offer referral payments, loyalty programs or other special benefits for the referral of additional Users or for loyalty of Users. The details of such referral programs will be published on the website. Referral and loyalty programs may be discontinued or amended by Maclear at any time.

If a User refers another User, the User must ensure that the referred User mentions the registered User as the basis for contacting Maclear, e.g., by using a referral code or similar. If the new User fails to do so, or if there is any other ambiguity regarding the status of the registered User as the referrer, it is in Maclear's sole discretion to decide whether or not the new User qualifies as a referrer for this customer.

Maclear can place advertisements and marketing on its behalf to attract only Swiss residents. Non-Swiss residents must agree to reverse solicitation when registering on the platform. The number of invited new User by a registered User is unlimited.

It is in Maclear's sole discretion whether or not to accept a referred User on the Platform.

2.10 Limitations of Use and Warranties

By accepting these General Terms & Conditions, Users represent and warrant that they will not use the Platform for any illegal activity, including, but not limited, to the following:

• using, or encouraging, promoting, facilitating, instructing, or inducing others to use the Platform for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others;
• submitting information that is untrue, inaccurate, incomplete, misleading, or not current; or failing to maintain the accuracy of such information;
• circumventing, disabling, or otherwise interfering with security-related features of the Platform;
• engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, including artificial intelligence and machine learning applications;
• reselling, renting, decompiling, reverse engineering or creating derivative works from the Platform except as expressly authorized;
• uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other malicious material, and spamming, that interferes with any party’s uninterrupted use of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance.

2.11 Termination & Suspension of User Account

Users can request the closure of their User account by contacting the Maclear support team (info@maclear.ch) at any time if they are not involved in any project as an Investor or Borrower, if all open loans are fully repaid and if no new loan inquiry is active. The User account will be deleted.

Maclear may suspend a User account or close a User account if it reasonably suspects that the User has breached or will breach any of its contractual obligations towards Maclear or Investors or Borrowers, or for regulatory reasons, including, but not limited to instance where:

• Maclear has indications that the User provides inaccurate information or documentation;
• the User's activity is suspicious in any way, in particular as regards money laundering or terrorist financing.

In case of termination by Maclear, Maclear will determine in its reasonable discretion whether any ongoing claim assignment agreements or project agreements will be continued or also terminated. The closure will only be effective with the written confirmation by Maclear. Any losses resulting from the termination of the contract shall be borne by the User.

In case of termination, Maclear shall delete the User's personal data in accordance with the Privacy Policy after the retention period required by law of at least ten (10) years. Until then, information will be kept confidential and provided to local AML/TF authorities only if an official information re- quest is submitted to Maclear.

3. General Terms & Conditions for Investors

3.1 User Account Restrictions

Investors are natural or legal persons which wishes to, or has, invested into a project over the Platform.

The Platform services are offered to Investors over the age of 18. The offering of the Platform services to Investors outside of Switzerland may be subject to further restrictions as per the laws of the country of residency. Maclear may refuse to register such Investors in its sole discretion. Non-Swiss residents must agree to reverse solicitation when registering on the platform.

By accepting this General Terms & Conditions, Investors from outside Switzerland do attest that they discovered Maclear’s services on their own and they initiated the first contact.

Given the current laws and regulations applied to US citizens in Switzerland, US citizens cannot invest on the Platform.

Persons and companies that provide loans, credits or similar within the scope of their business or profession (especially professional credit institutions), are excluded from using the Platform’s services.

It is in Maclear's sole discretion whether or not to accept an Investor on the Platform.

3.2 Onboarding Process

Before an Investor start investing on the Platform, the Investor needs to create an Investor account. After registering, the Investor will receive an email confirming the registration and containing a link to activate the User account.

Before the Investor can start investing on the Platform, every Investor needs to go through the verification process.

For the conduct of the verification process of Investors, Maclear partnered with Sumsub, a highly trusted and secure global identity verification provider. Sumsub has a detailed verification guide published on its web site (https://www.sumsub.com). The identification is carried out in compliance with the Swiss regulatory AML requirements (AMLA, PolyReg-Regulations and FINMA Circular 2016/7).

In order to successfully go through the verification process, each Swiss or EU citizen Investor needs a valid passport or valid ID card.

Further, the Investor must transfer a small amount from the Investor’s bank account to Maclear.

For online identification, Maclear utilizes adequate technical equipment to ensure secure transmission of data.

The verification can either be in real-time (video) or by submitting all necessary documents online. For video-identification, the Investor needs to be in a well-lit room for its duration. The person's face, and, on the identification document, the full name, document number, and date of birth must be clearly visible. The video identification process will be stopped if the picture or audio quality does not enable unambiguous identification or if there are any doubts regarding the authenticity of the identification document or the identity of the Investor.

Registering a company account on Maclear requires additional documents. The company representative(s) are required to go through the KYC procedures of individuals as mentioned above, additionally Maclear requires a document that certifies the right of the person(s) to represent the company or the right of signature. The company will also need to provide a commercial register extract and documentation that contains the business registration number, the company's registered address, and beneficial owners unless this information is already listed in the commercial register printout. Depending on the country of business, Maclear may require additional documentation to complete the verification process.

For the declaration of the beneficial owner and/or the controlling person, a completed form A and/or K must be handed in signed by the identified person according to the process as described above.

The duration of the verification process varies from 10 minutes to several working days in special cases.

The Investors can check the verification status of their User account in the profile section ('not verified' or 'verified').

• With the status 'not verified', Investors cannot add funds to the personal User account and cannot see the full information about projects.
• With the status 'verified', the Investor has full access to all features of the Platform.

If the verification status does not change within 3 working days, the Investor can contact Maclear via email to info@maclear.ch.

Once the Investor’s identity has fully been verified, the status on the User account changes to 'verified' and the Investor can transfer money to his/her User account and find a loan to invest in.

3.3 Functionalities of the Investor’s Account

In the User account for Investors, Investors have access to the following key functions of the Platform:

• Overview of projects, access to further information on the projects and ability to commit to invest in projects;
• Current status of projects the Investor has invested in;
• Ability to view and update User information; and
• Ability to transfer, view and withdraw Investor funds.
• Ability to sell/purchase Claims corresponding to Investments made into certain Borrowing Projects on the Secondary Market to/from other Investors.

Investors can dispose over their Investor funds through the User account on the Platform. All interest and principal payments will be deposited to the Investor’s Maclear account from which the Investor can either reinvest accumulated funds further or withdraw them to the personal bank account.

Maclear may add and change the available functionalities from time to time in its sole discretion.

3.4 Investor Funds

Once the User account of the Investor is activated and verified, the Investor can deposit funds or receive funds from invested projects. All interest and principal payments will be deposited to the Investor funds.

To start investing in projects, the Investor needs to deposit funds to his/her Maclear’s Investor account. The minimum investment amount on Maclear is EUR 50 (the minimum amount may be higher for certain payment methods). The following payment methods are accepted:

• Direct bank payment (SEPA payment) from the Investor's account to the EUR account (IBAN) of the Platform;
• EUR payment through one of the accepted third-party payment service provider;

The terms and conditions of the respective payment services provider apply and have to be accepted by the User prior to making the transfer. Maclear does not charge any fees to Investors. However, the payment service providers may charge fees for the fund transfer. Any such fees are fully charged to the account of the User and only the net amount received by Maclear is credited to the User account.

Each Investor can track the state of his finances at any time on his Maclear's personal account. Any deposits must be invested within 30 days of receipt by Maclear. Any accrued Borrower payments must be withdrawn within 60 days of receipt or reinvested by the Investor within 30 days of receipt. The Investor will receive a corresponding reminder 5 days before the expiry of the 30-day period and 10 days before the expiry of the 60-day period. If the funds are not invested, withdrawn or reinvested within the period limits by the Investor, they may be transferred back to the Investor by Maclear before the expiry of the period.

For each transfer method, the User has to ensure that funds are transferred only from verified accounts that are in the same name as the User account. Users can verify bank accounts in the User account. Users are required to observe all instructions of Maclear regarding the transfer, and need to ensure that Maclear can clearly identify the source of the payment in order to credit the transferred funds to the Investor funds. The bank account must be on the same name as the Investor’s Maclear account. Maclear’s account number must be put in the payment details. The User declares to own the funds in its own name and on its own behalf, and represents and warrants that all funds transferred are from legitimate sources.

It is the sole responsibility of any person assuming the role of Investor to provide Maclear with all required payment information. Maclear shall be freed from any obligations by payment to the last registered User.

Maclear may decline the acceptance of deposits in accordance with its internal AML policies. Once the funds are credited to the Investor funds, the Investor will be notified by e-mail.

Maclear and the Investors conclude an agreement on the establishment/processing of funds for the payment processing and the deposit, which is concluded between the registered and verified Investor and Maclear as a payment agent.

3.5 Use of Investor Funds

The Users may use any of their funds reflected in their Mcalear account solely to invest in projects or for the withdrawal to their bank account. Maclear does not pay any interest on the funds. The Users may not transfer the funds to any third party.

The Investor's funds are held in a separate Maclear escrow bank account. This account is separate from Maclear's operational bank account and protected from unforeseen circumstances that may happen to Maclear. Maclear does not use the Investor funds for any other purpose than safe custody for the Investors. The Investor funds are not subject to the Swiss bank deposit insurance and in line with Swiss regulatory requirements. Funds collected for a particular project are transferred to the Borrower from the Platform's escrow account via a targeted wire transfer.

Maclear is not supervised by the Swiss Financial Market Authority FINMA directly. Also, as per Swiss bankruptcy laws, Investor funds are not privileged in case of bankruptcy of Maclear. Unless otherwise explicitly stated on the Platform in relation to a project, the Borrowers are also not supervised by the Swiss Financial Market Authority FINMA. Investors acknowledge and agree that there is a risk of complete loss of Investor funds.

Investor funds available in one currency can only be used for a project in the same currency. Investors can use any of the third-party conversion services provided on the Platform. These third parties may charge a fee for the conversion.

By investing in a project, the Investor acquires part of (or all of) the loan receivable from Maclear under the loan agreement entered into between Maclear and the Borrower. Any accrued Borrower payments must be withdrawn within 60 days of receipt or re-invested within 30 days of receipt by the Investor. Maclear may, however, return funds to the Investor’s private account at any time. The Investor is required to provide Maclear with up-to-date payment information in order to enable Maclear to repay the funds at any time.

Maclear may be required to freeze Investor funds in case of suspicious activity or requests by authorities.

3.6 Investing in Projects

Investors may finance part or all of the loan by acquiring from Maclear the assignment of the loan claims under the Loan Agreement. When an Investor finances a project or part thereof, it becomes bound to Maclear by an assignment agreement (Claim Purchase & Assignment Agreement). Further agreements concluded between Maclear and each Investor govern the corresponding modalities (Payment Processing & Deposit Agreement and Debt Collection Procedure Agreement).

The Claim Purchase & Assignment Agreement between Maclear and the Investor regulates the purchase and transfer of the claim of Maclear against the Borrower, as well as management by Maclear of such claim. Each investment in a project concludes the corresponding agreement.

Any project will be displayed on the Platform to registered Investors for a pre-defined offer period. Investors can commit to invest the selected investment amount in a project by clicking the 'invest' button for the specific project. By clicking the 'invest' button, the Investor accepts to purchase a claim against the Borrower from Maclear based on the Claim Purchase & Assignment Agreement, conditional on the target amount being reached within the offer period.

The Investor requires available funds reflected in his Maclear account in at least the desired investment amount to make an investment commitment. After the investment, the Investor's funds will be reserved until the project is not funded yet.

When the target amount is reached, the project will be considered funded, and Investor "reserved funds" will be changed to "Invested funds." Investors will receive email links to the Claim Assignment Agreement and Repayment Schedule.

If the target amount is not reached, the Borrower may extend the offer period. However, after the end of the initial offer period, Investors can withdraw their commitment to a project at any time. Investor funds will be automatically unlocked if the project has not received the target amount within the extended offer period and the Loan Agreement between Maclear and the Borrower null and void.

The Investor can invest as many times as he wants in the same project until the project is completelyfunded. All loans on the Platform have a fixed interest rate throughout the entire loan period. Theinterest rate may vary per annum return from invested funds depending on the type of project and each specificproject’s terms and conditions. The interest payment frequency and rate can differ depending on the type ofproject and each specific project’s terms and conditions.

Maclear advises Borrowers to list their projects on the platform for 30-60 days. However,Borrowers have the option to extend their fundraising campaign if the funds have not been raised duringthe initial fundraising period. This is subject of an approval by Maclear.

Investment also can be executed through the Secondary Market Claim Purchase and Assignment Agreement, which is concluded between the Assignor (one Investor) and Assignee (another Investor) and governs the terms of the claim purchase and the simultaneous assignment of the loan amount invested into Borrowing Project from one Investor to another Investor, as well as the further management of such claim by Maclear. This allows the Investor (Assignee) to invest funds over the Maclear’s platform into the Borrowing Project previously successfully funded. It consolidates all the rights of claims of the Investor (Assignee as a new lender) participating in the consolidated loan given to the certain Borrowing Project through Maclear’s platform.

Detailed information about the projects, the loan conditions for each project and the interest rate and paymentis available in the projects page (https://maclear.ch/projects).

If the Borrower is more than 3 days late on monthly interest payments according to the payment schedule,Maclear will initially continue paying out interest payments as per the terms of the provision fund untilthe Borrower resumes interest payments according to the repayment schedule. If the allowance from theprovision fund is depleted before the Borrower resumes interest payment, the debt enforcement proceedingswill be initiated. While Maclear takes all reasonable measures to avoid any default on payments byprojects, loan investments are inherently risky and a full or partial loss of the investment funds is possible.

In a situation where the loan is repaid early by the Borrower, Maclear will return the entireprincipal investment sum and all the interest that was accrued during that time. The minimum period of time forwhich Investors will receive interest is three months, even if the Borrower repays the loansooner.

3.7 Management of Loan

Maclear acts as a collateral agent in favor of and on behalf of Investors and is responsible forthe management of the claims. The agreement on the assignment of claims is required for the purpose toconsolidate all the rights of claims of the Investors (as lenders) participating in a particularinvestment project on the Platform. It is also required so that Maclear can engage in the processof collecting debts if the Borrower does not fulfil his repayment obligations.

In the event of a failure of the project, Maclear will have to cover all participating Investorsin addition to the interest and the amount of the main investment, which can finally be done only throughenforced realization of all collaterals and collection of all funds received from this. As the holder ofcollaterals provided by Borrowers, the Platform will enable to all Investors flawlessfulfillment of all interest payment schedules, which is also backed up and secured by the Maclearprovision fund.

The Investors authorize Maclear to solely take all actions as reasonably required for themanagement of the claims, including but not limited to:

• assert all claims and rights of the Investor against the Borrower;
• collection of the Borrower's payments;
• distribution of payments to the respective Investors;
• conclusion of a prolongation or deferment of payment agreement with the Borrower regarding terms of repayment;
• enforcement against collateral provided by the Borrower; and
• involvement of third parties for the debt enforcement process.

Unless specifically entitled to do so by Maclear, Investors may not take any direct actionagainst the Borrowers.

The start date of the interest accrual is calculated on the date of the successful funding of the project.Interest rates are paid monthly unless specified otherwise for a specific project.

Maclear shall act as collection agent for the recurring interest and principal payments from theBorrower to Investors. Maclear credits all interest and principal payments without delayafter receipt from the Borrower to the Investor funds as per the quota of their investment amount.

Maclear shall, on behalf of the Investors, act as a collateral agent and take all reasonablemeasures to secure timely and full payment, including enforcement measures and securing the provided guarantees,if any. Maclear shall analyze, assess and execute any and all available pledges, securities, collateraland guarantees provided by the Borrower with a view of mitigating the risks for Investors. Themeasures shall specifically be the following:

• If the Borrower is late on scheduled interest payments for more than 3 days, Maclear shall start analyzing measures to remedy the situation immediately. At the same time, Maclear will continue to pay out interest payments to Investors from the provision fund.
• If the Borrower is more than 30 days late on interest payments, Maclear shall immediately initiate a soft debt collection process to resolve the problems resulting in delayed payments and/or find appropriate solutions with the Borrower.
• If the Borrower defaults on payments for more than 60 days, Maclear shall initiate legal proceedings, and enforcement of collaterals, and other securities for their realization.

The Investors hereby authorize Maclear, and agree to sign any documents or authorizations thatMaclear may require, in order to execute the debt collection measures Maclear deems appropriate ascollateral agent on behalf of the Investors.

If Maclear is unable to collect the outstanding amount and such amount is not covered by the provisionfund or another mechanism, any collected amount will be distributed among the Investors on a pro-ratedbasis.

3.8 Withdrawal of Investor Funds

Any funds that are committed to or invested in a project cannot be withdrawn until such project is repaid.Apart from these funds, the Investor can request the withdrawal of Investor funds through theUser account at any time. Funds that are not currently invested in projects will be marked in theInvestor’s account as ‘Available funds’. The Investor will need to submit a withdrawal request forthat.

Funds can be withdrawn only to the same bank account the Investor used to deposit the money toMaclear, i.e., the verified Investor’s bank account(s). The effective transfer may require severaldays for processing and may be subject to fees from the payment services provider.

Information about the withdrawal fee and minimum withdrawal amount are available in the withdrawal section ofthe user account.

Maclear may transfer the Investor funds to the Investor at any time. In caseMaclear is unable to transfer funds to the bank account of the Investor, and the Investordoes not provide updated and accurate account information within 30 calendar days of Maclear's request,Maclear may be re- quired to dispose of the funds and the Investor forfeits any claims againstMaclear with regards to such funds.

3.9 Provision fund

For the Investor's financial security, Maclear will conduct a comprehensive and in-depth reviewof all Borrowers and projects. In addition, Maclear itself is liable with the business assets fordefaulting payments. As additional security, a separate Maclear provision fund is formed and maintainedto secure and cover recurrent interest payments to Investors on their investments made in case oftemporary defaults of payments from Borrower’s projects.

Maclear provision fund is filled by the transferring of 2% from each project successfully funded on thePlatform to the fund. In the future, Maclear will also add all commissions earned for transactionson the secondary market to the provision fund.

The fund is set up to bridge gaps in interest payments by Borrowers or fully or partially make up forthe default of Borrowers. However, the Maclear provision fund cannot guarantee full payment ofinterest or full repayment of the principal loan amount.

The provision fund will be used by Maclear to the extent funds are available to cover potential lossesof Investors on interest and/or principal payments. The provision fund is not an insurance scheme anddoes not guarantee full payment.

The provision fund is held in a segregated bank account. Maclear keeps a separate bank account for theassets of the provision fund. The assets in it are blocked for any other use than the one mentioned here.

4. General Terms & Conditions for Borrowers

4.1 Restrictions

Borrowers can only apply for a loan with clear business objective. The decision whether to consider anobjective as business oriented is exclusively with Maclear.

Before approving the Borrower’s project and adding it to the Platform, Maclear conducts athorough evaluation of the Borrower company to ensure that it can repay the loan.

Maclear carries out a full legal due diligence, including the AML identification and verificationprocess of the Borrower, and a thorough risks assessment of the Borrower's project, evaluatemarket trends in the segment, determine a full risk measurement of each project and evaluate theBorrower's assets and capitalization, capability, and experience in carrying out such projects.

Projects targeting EUR 1 million or more than EUR 1 million in revenue cannot be listed on the Platformwithout additional regulatory measures. Borrowers are not allowed to operate in the interest differentialbusiness.

Provided that the Borrower complies with the regulatory requirements and the project is successfullyverified, Maclear concludes with each Borrower an Investment Project Acceptance and Confirmation Agreement as well as a Loan Agreement.

Maclear may deny a project or a Borrower without giving any reasons in its sole discretion.

4.2 Onboarding

Before the Borrower can start submitting a project on the Platform, every Borrowerneeds to go through the AML verification process. The Borrower’s AML verification process is carried outby Maclear by means of personal appearance and in accordance with §7 et seq. of the PolyReg Regulations.

Once the borrower passes the AML verification, Borrower can submit a project to the Platform forreview by Maclear. Borrowers shall provide all information as reasonably requested by Maclear andrepresent and warrant that all information is complete, accurate and up to date. Maclear performs proper duediligence and risk assessment to the each borrowing project applied and after the results Maclear maydecide in its sole discretion whether or not to list a project provided by the Borrower on thePlatform.

4.3 Project Review

Each project that the Borrower wishes to submit to Investors on the platform is subject toa thorough review conducted by Maclear. If the review is successful, Maclear can conclude anInvestment Project Acceptance and Confirmation Agreement as well as a conditional Loan Agreementwith the Borrower.

Borrowers must fill a special questionnaire with a set of numerous legal and financial data about theBorrower, beneficiaries, and possible guarantees. Decisive for a loan offer to be admitted are inparticular, but not limited to, the following parameters:

• History of potential Borrower;
• Financial solvency;
• Background check of Management and beneficiaries of the borrowing company;
• Viability assessment;
• Presence of collateral or additional securities;
• Business plan and financial plan;
• Payback period plan (including EBITDA and ROI);
• Schedule for repayment (basis: bullet loan and annuity schedule); and
• Analysis and evaluation of the proposed collateral guarantees and additional collateral assessment of other possible risks based on the analysis of the market and the scope of the project.

The Borrower shall provide access to, and entitles Maclear to access, any registers, third-partydatabases and other sources to collect further information on the Borrower and the project for the entireduration of a project.

Maclear is carefully inspecting all mentioned information related to the project, including theproject’s risks assessment. Borrowers must fill a special questionnaire with a set of numerous legal andfinancial data about the Borrower, beneficiaries, and possible guarantees. Further, the Borrowermust provide information about the legal entity's financial position, jurisdiction and previous experience.

After obtaining the necessary documents, and passing the multi-level verification, which includes but is notlimited to compliance, due diligence, and risk assessment processes, the project is considered. Maclearthen conducts the final stage of negotiations with the project initiators and sign all the mentioned legalagreements. After that, the project appears on the Platform with all key data information.

Maclear shall keep the information provided by the Borrower confidential and will not discloseany information on the Platform or the Investors without prior approval of the Borrower. IfMaclear deems the project viable for the Platform, Maclear and the Borrower shalldefine the scope of disclosure of information on the Platform to enable the Investors to take aninformed investment decision.

4.4 Loan Agreement

If Maclear deems a project suitable for the Platform, Maclear and the Borrowershall conclude a conditional Loan Agreement. In the Investment Project Acceptance and Confirmation Agreement, Maclear and Borrower define the key terms of the loan based on the projectsubmission including, as a minimum, the interest rate, the duration of the loan, the offer period, the targetloan amount and the collateral, which are binding for the Loan Agreement.

The Loan Agreement is binding on the Borrower from the date of signature. For Maclear, theLoan Agreement is conditional on the full receipt of funds from Investors in the entire loanamount.

The Borrower may use the loan amount solely for the purposes defined in the Loan Agreement andthe Investment Project Acceptance and Confirmation Agreement and disclosed on the Platform.

4.5 Project Publication

Maclear advises borrowing companies to list their projects on the platform for 30-60 days.Borrowers have the option to extend their fundraising campaign if the funds have not been raised duringthe initial fundraising period. For this, the Borrower must request Maclear at least five daysbefore the end of the period. Maclear will check the possibility of extension in view of its regulatorybarriers. Maclear may decline an extension request at its sole discretion.

Borrowers shall immediately notify Maclear if they notice any specific errors in the informationprovided or published on the Platform. Maclear will then take the necessary actions to correct thepublished information in a reasonable time and, in its sole discretion, suspend or extent the offer period orstop the lending process.

4.6 Installment Payments and Delay

At the date of the respective maturity as defined in the Investment Project Acceptance and Confirmation Agreement, the Borrower has to pay periodic interest by means of payment transfer toMaclear. Third parties’ cost or fees are borne by the Borrower.

If the Borrower does not pay within the agreed period, Maclear shall, on behalf of theInvestors, act as a collateral agent and take all reasonable measures to secure timely and full payment,including enforcement measures and securing the provided guarantees, if any. Maclear shall analyze,assess and execute any and all available pledges, securities, collateral and guarantees provided by theBorrower with a view of mitigating the risks for Investors. The measures shall specifically be thefollowing:

• If the Borrower is late on scheduled interest payments for more than 3 days, Maclear shall start analyzing measures to remedy the situation immediately. At the same time, Maclear will continue to pay out interest payments to investors from the provision fund.
• If the Borrower is more than 30 days late on interest payments, Maclear shall immediately initiate a soft debt collection process to resolve the problems resulting in delayed payments and/or find appropriate solutions with the Borrower.
• If the Borrower defaults on payments for more than 60 days, Maclear shall initiate legal proceedings, and enforcement of collaterals, and other securities for their realization.

5. Taxes, Fees and other Charges

The Borrower and the Investor are solely responsible to ensure full payment of any taxobligations and other government fees or charges that may apply, such as stamp duty, withholding tax or incometax.

6. Service and Support

Maclear shall make available to the Users a service center that can be contacted at any stage ofthe process for questions related to Maclear's services by chat, email (info@maclear.ch).

The service centre is offered by Maclear on an “as is” and “as available” basis.

7. License and Intellectual Property Rights

Except as explicitly stated otherwise herein or in the relevant documentation, Maclear, its relatedentities and its licensors own and retain all right, title, and interest in the Platform and in itsrelated patents, registrations, filings, applications, trademarks, trade names, logos, inventions, copyrights,know-how, trade secrets and other intellectual property relating to the design, processing, production oroperation of the Services (the "Intellectual Property Rights").

Except as expressly provided herein, nothing in the General Terms & Conditions agreement will transfer, assign,license or otherwise grant any party any right or interest in any other party’s Intellectual Property Rights. Ifand to the extent any Intellectual Property Rights are licensed under an open source license as per the relevantdocumentation, the Users warrant and guarantee to comply with the terms of such license.

8. Regulatory Disclaimer and Risks

8.1 Maclear Regulatory Status

Maclear is a crowdlending platform subject to the supervision of the PolyReg GeneralSelf-Regulatory Organisation for compliance with the Swiss anti-money laundering act (AMLA).

Maclear is not directly supervised by the Swiss Financial Market Authority (FINMA) and deposits toMaclear are not insured by the Swiss deposit insurance scheme.

8.2 General Risks

Before accessing, using or in any other way interacting with the Platform or any part thereof, theUsers should carefully consider risk factors associated with the Platform and especially with thelending business.

The following is not an exhaustive list or explanation of all risks which Users may face when using thePlatform and should therefore be used as guidance only. Additional risks and uncertainties relating tothe Platform may individually or cumulatively also have a material adverse effect on the User.

8.2.1 Laws and Regulations

Changes in laws or regulations, including but not limited to those concerning regulatory requirements, taxes ortrade barriers, could have a negative impact on the Platform. Each User is responsible for theusage of the Platform in compliance with the laws applicable to such User and there is no warrantythat the Platform is or will be compliant with any laws outside of the jurisdiction in which thePlatform actively operates.

8.2.2 IT Risks

Any IT system is subject to potential security weaknesses, hacking attacks, disruption and failure and thePlatform or any part thereof may temporarily or permanently be dysfunctional.

8.2.3 Financial Risks

The Borrower may be unable to pay back the loan and/or make any of the interest payments at all or ontime. Also, any of the risk mitigation measures taken by Maclear do not provide a guarantee of repaymentand/or interest payments. As with any investment, there is a potential risk of complete loss of the investedamount and/or delays in the payment by the Borrowers. Investors should only invest amounts thatthey are capable of losing.

Also, the Borrower may be given the right of early repayment. In such case, the Investor may notreceive the full amount of anticipated interests on the loan.

9. No Warranty and Liability

9.1 No Representation or Warranty

THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THEPLATFORM WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MACLEAR (AND ANYPERSON INVOLVED DIRECTLY OR INDIRECTLY IN THE PROVISION OF THE SERVICES) DISCLAIMS ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE PLATFORM, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF MACLEAR (AND ANY PERSON INVOLVEDDIRECTLY OR INDIRECTLY IN THE PROVISION OF THE SERVICES) OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR THEPLATFORM IS EXCLUDED. NO ONE WILL ASSUME LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OURSECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, AND (IV) LOSS OF ANY INVESTED AMOUNTS, LOSS OF BUSINESS,LOSS OF INTEREST AND ANY OTHER FORM OF FINANCIAL LOSS OR DAMAGE.

10. Indemnification

To the fullest extent permitted by law, the Users agree to defend, indemnify, and hold Maclearharmless, including its subsidiaries, affiliates, and all of Maclear’s respective officers, agents,partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of: (i) the Users’ breach ofthese General Terms & Conditions; (ii) any breach of the Users’ representations and warranties setforth in these General Terms & Conditions; (iii) the Users’ violation of the rights of a thirdparty, including but not limited to Intellectual Property Rights; (iv) any other party's access and use of thePlatform with the Users’ username, password or other appropriate credentials.

11. Privacy

For further information on privacy, please refer to the Privacy Policy.

12. Miscellaneous

12.1 Governing Law & Jurisdiction

For any dispute not subject to arbitration, exclusive venue are the courts of Wallisellen, Switzerland. TheGeneral Terms & Conditions agreement is governed by the laws of Switzerland exclusive of conflict orchoice of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2 Entire Agreement/Severability

These General Terms & Conditions, together with any amendments and any additional agreements theUser may enter into, shall constitute the entire agreement concerning use of the Platform. If anyprovision of these General Terms & Conditions is deemed invalid by a court of competent jurisdiction, theinvalidity of such provision shall not affect the validity of the remaining provisions of these terms, whichshall remain in full force and effect. If a provision of these General Terms & Conditions is or becomesillegal, invalid or unenforceable in any country, that will not affect the legality, validity or enforceabilityin that country of any other provision or in other jurisdictions of that or any other provisions of theseGeneral Terms & Conditions.

12.3 No Assignment

This General Terms & Conditions agreement, and any rights and licenses granted hereunder, may not betransferred or assigned by the User. Any attempted transfer or assignment in violation hereof shall benull and void.

12.4 Notice & Contact

Any notice or other communication given under or in connection with these General Terms & Conditionswill be in English. All other documents provided under or in connection with these General Terms & Conditions will be in English.

For general inquiries, the User may contact info@maclear.ch.

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Privacy & Cookies Policy

Maclear AG, with its registered office in Wallisellen (hereinafter referred to as Maclear), is responsible for the operation of the platform and the website maclear.ch (hereinafter referred to as the platform). As such, Maclear is the data controller and owner of the data processed in this regard.

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Privacy and security are of very high priority for Maclear. Maclear respects the confidentiality of the information investors, borrowers, or other users of the platform.

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Maclear undertakes to protect all personal data of users of the platform, in particular of persons who register as investors or as borrowers on the platform, in accordance with the following provisions. Technical and organisational security measures are used to adequately protect personal data against unauthorised access, loss and destruction.

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This Privacy and Cookies Policy provides information about which data is collected, as well as how data security is ensured, processed, used and protected in compliance with the Swiss Data Protection Act (DPA) and the EU General Data Protection Regulation (GDPR). The data is processed strictly within the framework of the applicable data protection provisions of Switzerland and the EU.

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The provisions do not apply to websites of third-party operators that can be accessed via links provided on the platform or in emails by Maclear. Maclear is not responsible on how these companies comply with data. The user should consult the privacy policies of these third parties.

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By using accessing Maclear’s homepage, the user accepts the conditions on how data is processed, used and protected by Maclear according to this Privacy and Cookies Policy. The user has the right not to provide Maclear with personal information, but law requires Maclear to collect certain data about the user. Maclear might not be able to offer the full service to a user that do not provide all information demanded by Maclear.

Privacy by Design and by Default

Maclear takes care to ensure that technical and organisational precautions are in place to ensure compliance with this Privacy and Cookies Policy. Maclear has appointed a data protection officer internally who is responsible for compliance with the Privacy and Cookies Policy and for ensuring that its principles are observed at all times.

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These principles are, in particular, the minimisation of data, pseudonymisation wherever possible, data separation according to purpose, extensive access restrictions and an active deletion concept.

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Furthermore, Maclear is careful to ensure that the default settings are such that data processing is limited to the minimum necessary, and the standard thus reflects the maximum protection for the user of the platform.

3. Data Processing

Maclear processes personal data of users that users submit when registering or using the platform. In particular, this may include name, address, date of birth, gender, e-mail, telephone numbers, identification documents, etc.

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The data is processed strictly within the framework of the applicable data protection regulations. The data will only be used by Maclear to provide the service as intended. By providing data, the user agrees that Maclear collects, saves, uses and transfers data according to this Privacy and Cookies Policy and for the purpose of providing the platform’s main service, contacting the user, providing the newsletter and doing analytics.

3.1 Collecting of Data

In principle, personal data is collected directly from the user, e.g. when he or she transmits or communicates data via the platform, but can also be collected from other sources. For example, data is also collected from public registers; this applies in particular to borrower data, for which debt enforcement registers and credit information agencies are consulted.

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The data collected varies depending on whether the user of the platform is registered or not on the one hand, and whether he is registered as an investor or as a borrower on the other.

Websites of the platform can be visited without registration. When calling up websites of the platform, amongst others IP addresses of all users, the websites visited, date and duration as well as the browser software used, the country of origin, the time zone setting can automatically be recorded. Apart from the mentioned data automatically recorded by the web server or by third parties while visiting the websites, no further personal data is collected without registration and this data cannot be assigned to a specific person.

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When registering as an investor, personal data according to the registration process is collected. This includes first and last name, nationality, address or domicile, profession, company name, phone number, email-address, bank account details.

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When registering as a borrower additional data to the data mentioned above is collected. On the one hand, the data that is requested in the registration process, on the other hand, additional data is collected from external sources, such as from the debt collection register, from creditworthiness information sources, from credit information agencies.

Maclear also uses cookies to collect information in order to ease the usage of the platform and the communication as well as analytics tools (see below).

3.2 Using of Data

This processed data is used for the intended provision of services by Maclear in accordance with the General Terms and Conditions, for the use and administration of users, for the technical administration and further development of the platform, for improving customer care and service provision as well as for marketing.

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The user allows Maclear to use the data provided by filling the registry form to reply to any kind of request.

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By subscribing to the newsletter, the user allows Maclear to use name and email-address to provide the newsletter to the user. The user can unsubscribe at any time.

3.3 Transferring of Data

Maclear will transfer users' data to third parties in Switzerland and abroad strictly within the scope of Maclear's activities as described above and in the Generel Terms and Conditions. In doing so, Maclear ensures that only the most necessary data is transferred. In particular, data may be disclosed to credit agencies, debt collection agencies, legally authorised authorities, suppliers and other third parties.

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The recipients of this data are obliged to comply with data protection regulations. Where necessary, Maclear also concludes agreements that oblige the recipients to have appropriate data security.

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Within the framework of the legal requirements of money laundering legislation, Malcear and third parties mandated for this purpose conduct searches to verify the identity and other information relevant to the individual case. Maclear works with Acuant Inc., a company incorporatied in the USA, which performs the identification and other AML duties for Maclear.

The information on projects is made available on the platform. This concerns the titles of the projects, which are also visible to visitors to the platform who are not registered. The description of the project, as provided by the borrower, is made available to all registered users on the platform.

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As part of the credit pre-screening process, Maclear will take all necessary steps to evaluate the borrower's credit rating in order to determine the credit line and interest rate. In this process, information is exchanged with credit reference agencies. This also serves fraud prevention and is required to a certain extent by money laundering regulations. The data will be exchanged with these agencies as long as the borrower is a user of the platform. If the loan is not repaid, the information is forwarded to the credit reference agency after an appropriate reminder. The credit reference agency records the information and can pass it on to third parties.

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In the case of a report-relevant matter according to Art. 9 AMLA or Art. 305ter para. 2 SCC, the relevant information is sent by Maclear to the designated reporting office in Berne which is the MROS (Swiss FIU).

3.4 Storage and Access of Data

Maclear is internally organised in such a way that access permissions are clearly defined and limited to only the most necessary people. In addition, the access rights are such that the responsible persons can only access the most necessary data. The internal data protection officer verifies continuous compliance with this requirement through regular checks.

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Personal data means any information relating to a natural or legal person, entity or association that is or can be identified, even indirectly, by reference to other information, including a personal identification number, in particular names, addresses, e-mail addresses and other personal or factual data that Maclear may collect in individual cases.

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Personal data is processed in accordance with all applicable data protection laws, including any amendments. The data is stored on servers within Switzerland, whose data centres fulfil the highest requirements. The storage lasts only for as long as the purpose or legal regulations require.

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Maclear processes the user's data for as long as is necessary for the fulfilment of the contractual obligation and compliance with legal obligations or other purposes pursued with the processing. This includes the entire duration of the business relationship, including initiation. The period beyond this is also affected insofar as statutory retention and documentation obligations exist. Personal data may be retained for the period during which claims can be asserted against Maclear or insofar as Maclear is otherwise legally obliged to do so or if legitimate business interests require further retention (e.g. for evidence and documentation purposes). As soon as the user data is no longer required for the aforementioned purposes, it will be deleted or, as far as possible, anonymised.

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The data collected by Maclear is subject to the highest possible confidentiality standards and is treated with the greatest possible care. Maclear has taken all reasonable organisational and technical measures to protect the data from unauthorised access, misuse, destruction, manipulation and disclosure.

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The data processing is IT-based and computerised. Organisational procedures are followed to protect data security. In some cases, the data may also be accessible to certain responsible persons within Maclear who are involved in the operation of the website (administration, marketing, legal department, system administration). It is also possible that the data may become accessible to commissioned third parties in Switzerland or abroad (e.g. external technical service providers, postal service providers, hosting providers, IT companies, communications agencies). The updated list of these parties can be requested from the person responsible for data security at Maclear at any time.

Consent given may be revoked at any time. However, such a revocation does not affect the processed data.

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Cookies and Analytics

4.1 Cookies

Maclear uses cookies for the platform in order to ease the use of the platform and the communication. To ensure that the platform is adapted to the user's settings when accessed at a later date, details are stored in permanent cookies. Cookies allow to design the platform according to the needs of the user. Cookies are also used to recognise the user next time the platform is accessed, to improve the advertising measures and to identify misfunctions of the platform (see cookies used below).

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Maclear may cooperate with third parties in order to help collecting such data and for analytics purposes (see analytics below). The third-party suppliers inform about the data collected.

Cookies are small blocks of data created by a web server while a user is browsing a website and placed on the user's computer or other device by the user's web browser. The use of cookies can be deactivated in the browser settings. The user can avoid the collecting of the data with add-ons. Cookies can also be deleted manually. However, this may restrict or even prevent the use of the platform.

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Cookies do not contain any information that can directly identify the individual user. An anonymised transmission and the saving of the data are secured. No sensitive data, such as bank details, is stored in cookies. The cookies used by Maclear cannot harm the user’s computer or other device.

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By using Maclear’s website and allowing to the receipt of marketing emails including newsletters, the user agree to the use by Maclear of cookies and similar systems. Maclear uses essential, targeting, functionality and performance cookies. Essential cookies allow the basic use of the platform and do not collect information about the user that could be used for marketing or trackability. This makes it possible for the user to remain logged in and thus move around the platform without constantly re-entering their data. These cookies do not collect any information about the user that can be used for marketing purposes.

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Targeting cookies do link third party services for instance by social network platform and provide information to advertising agencies. These cookies are linked to third party services such as social media buttons. They are used to enable targeted advertising, providing information to specialised advertising agencies and third parties. The user can control whether such cookies are used. If the user chooses not to have such cookies, some services of Maclear may be disabled.

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Functionality cookies are used for a subsequent visit of the user on the platform and allow to remember content and enable personalisation of the content and storage selection (e.g. language). Performance cookies collect anonymous information about the individual use of the platform, to analyse the general use of the platform and allow to detect misfunction on the platform. These cookies do not collect cookies that can be used for identification purposes. Some of these cookies are provided by third parties (see analytics below).

4.2 Analytics

Maclear also collects customer data through the use of data analytics. This is used to create comprehensive customer profiles from this data and enables Maclear to gain insights into customer behaviour in order to provide a more personalised experience and thus improve its products.

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Maclear uses Google Analytics, a web analytics service provided by Google, Inc (Google), which uses cookies to help analyse how users use Maclear’s platform. Google will use this information for the purpose of evaluating the use of the platform, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such action is appropriate and necessary to protect the rights, property, and/or safety of Google, its users, or the public, or where such third parties process the information on Google's behalf. Further information about Google's use of data can be found under www.google.de/policies/privacy/partners/.

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Social Media Plugins

The Platform can use social plugins of social networks, such as Facebook, operated by Meta, Inc.; twitter, operated by Twitter, Inc.; linkedIn.com; operated by LinkedIn Corporation;. When calling up a website via the Maclear platform that contains plugins, a direct connection is established to the servers of the respective social network. The content of the plugin is transmitted by the respective social network directly to the browser and integrated by the browser into the website, whereby each call of a respective website is forwarded to the social network.

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If the user logs into the respective social network, the network can assign the visit to the user account of the respective social network. When interacting with plugins, the browser transmits the corresponding information directly to the respective social network, which stores this information. The user is requested to consult the data protection information of the respective social network in order to find out about the purpose and scope of the data collection and the further processing and use of the data by the respective social network as well as the related rights and options for protecting privacy.

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Disclosure and Deletion Rights

In accordance with applicable law, the user has the right to access, rectify and erase the user’s personal data, the right to restrict processing or object to data processing and the right to obtain certain personal data for transfer to another controller (data portability). This is limited by the legal restrictions that Maclear is subject to.

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Exercising the right to withdraw consent may conflict with the user's contractual obligations and entail consequences such as premature termination of the contract or costs. Should this be the case, Maclear will inform the user in advance, unless this has already been contractually agreed.

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As a data subject, every user has the right to assert his or her rights in court or to lodge a complaint with the competent data protection authority which in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch).

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Data Protection Breach Notification

Data protection breaches, such as a cyber-attack successfully launched against the platform, that result in high risk are reported to the Federal Data Protection and Information Commissioner. For this to happen, there must be a breach of data security and the breach must result in a high risk to the personality or fundamental rights of the data subject.

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The notification shall be made within 72 hours from the time of knowledge of the breach. It will only be made in the case of breaches that have actually occurred. The type of breach, consequences and measures are reported. If the notification is objectively impossible or disproportionate, it may be dispensed with.

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If the Federal Data Protection and Information Commissioner so requests or if this is necessary for the protection of the user, the persons concerned will be informed.

The internal data protection officer shall define the process flows for the notification in the event of a data protection breach and shall decide on the performance as well as the content and scope of such notification.

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Amendment of the Data Protection Directive

The internal data protection officer regularly reviews this Privacy and Cookies Policy for compliance and initiates any necessary adjustments without delay. In the case of developments of new technologies and services, the internal data protection officer ensures that data protection is included.

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Maclear is entitled to amend this Privacy and Cookies Policy at any time and without giving reasons and to publish the current version on its platform. The user should consult this Privacy Policy regularly. If a user objects to any of the changes, he must cease to use the site. The user can request to remove the personal data.

Disclaimer

This privacy policy applies to all data that Maclear receives in connection with the user’s use of the website/platform. It does not cover the content of third-party websites, even if the user accesses these third-party websites via links on Maclear’s website. Maclear has no control over and cannot accept any responsibility for the content, data preparation and data management of third-party websites. Users are explicitly requested to observe the specific data protection declarations of the respective third-party website.

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If personal data is transferred abroad, the personal data in the country of the recipient is not in every case subject to protection equivalent to that in Switzerland. Maclear accepts no liability for the security of electronically transmitted data, users should be aware that the use of the Internet is not completely secure and the security or integrity of personal information transmitted by users over the Internet cannot be guaranteed. Unauthorised third parties may access information exchanged through the above channels and the data may be corrupted or its content altered.

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