Who we are

eCLUTCH AG (“eCLUTCH“, “we“, “us” or “our“) is committed to protecting the privacy and security of the personal data that is provided to us or collected by us during the course of our business. We store and process personal data in accordance with applicable data protection laws, in particular the Swiss Federal Data Protection Act of 1 September 2023 (“FADP“) and the European Union General Data Protection Regulation 2016/679 (“GDPR“).

eCLUTCH is a trailblazing platform delivering live esports events with high-definition quality and seamless multi-platform access. With a commitment to innovation and fan-first engagement, eCLUTCH is shaping the future of live esports entertainment globally. You can reach our website at https://eclutch.tv/(the “Website“).

This privacy and cookie policy (“Privacy & Cookies Policy“) explains how we may collect and use personal data that you provide to us or which we collect about you in connection with our Website and the related services, the Broadcaster Services, and other functionality offered on or through our Website (collectively, the “Services“) as well as your rights in relation to your personal data. Personal data is any information directly or indirectly relating to an identified or identifiable individual. In our terminology, we follow the GDPR, but also include the terminology of the FADP, unless expressly stated otherwise.

We may provide you with additional privacy notices where we believe that it is appropriate to do so. Those additional notices supplement and should be read together with this Privacy & Cookies Policy.

1. We Are Responsible for Your Personal Data

We are responsible for your personal data provided to us or collected by us during the course of our business.

Eclutch AG

Churerstrasse 135

CH-8808 Pfäffikon

Switzerland

E-mail: info@eclutch.tv

2. What Personal Data We Collect

In accordance with the GDPR, and, if applicable, the FADP, we may, for example, collect, receive, or store the following personal data when you interact with us through or use our Website:

2.1 Server log data

• Internet protocol (IP) address;

• Date and time of your visit;
• Pages that you visited before (if you clicked on a link on that page to get to our Website);
• Information about the links you click and pages you view within our Website;
• Access status / HTTP status code;
• Browser, operating system and its interface;
• Language and version of the browser software; and
• Other standard server log information and other metadata.

2.2 Contact form

If you use the contact form provided by us on the Website, we collect the following data provided by you:

• Full Name;

• E-mail address;
• Telephone number; and
• Other data you provide in text fields.

2.3 Newsletter

If you subscribe to our newsletter, we collect the following data provided by you:

• Full Name; and
• E-mail address.

2.4 Job Application

If you wish to apply for a job with us, you need to provide the personal data set out below, in addition to other categories of personal data we receive from you with your application. We use this personal data to consider your application and to carry out checks to verify the personal data you provided. We collect, receive or store the following personal data from you:

• Full name,
• Address,
• Telephone number,
• E-mail address,
• Other information included in identification documentation,
• Employment data, such as references, background, education and employment history,
• Background data, such as excerpts from the debt collection register and criminal record checks,
• Any other data you enclose in your application dossier.

Where we need to collect additional personal data required to process your employment application, and you fail to provide that personal data when requested, we may not be able to further consider your application.

2.5 Cookies

In addition, we use cookies and similar technologies such as pixels or web signals (together hereinafter “Cookies“) on our Website, which also collect your personal data insofar as this is necessary for the functionality of the Website or you have consented to the use of Cookies.

2.5.1 What Types of Cookies We Use

A Cookie is a small piece of data, stored in text files that are stored on your browser or other device when websites are loaded in the browser. Cookies are used to “remember” you and your preferences when you visit our Website either for a single visit (through a session cookie) or for multiple repeat visits (called a persistent cookie). A session cookie is deleted when you close your browser or after a short time. A persistent cookie is kept for a set period of time after which it expires and is deleted.

We use session cookies and persistent cookies on our Website to ensure consistent and efficient experiences for users of our Website. Cookies also perform functions like allowing users to remain logged into the Website, if applicable.

We use the following types of cookies for the following purposes:

• Necessary: These cookies are essential in order to enable you to use our Website and its features. The information collected by these cookies relate to the operation of our Website, for example, language detection, scripting language and security tokens to maintain secure areas of our Website.
• Performance and Analytics: These cookies collect anonymous information about how you use our Website, for example which pages you visit most often, whether you receive any error messages, and how you arrived at our Website. They are also used to track details like the number of unique visitors and pageviews to improve user experience. Information collected by these cookies is used only to improve your use of our Website and never to identify you. These cookies are sometimes placed by trusted third-party providers, such as Google Analytics.
• Functionality: These cookies remember choices you make, for example the country you visit our Website from and any changes you have made to text size or other parts of web pages that you can customize, in order to improve your experience of our Website and to make your visits more tailored and enjoyable. The information these cookies collect may be anonymized and cannot be used to track your browsing activity on other websites.
• Third-Party / Embedded Content: These cookies enhance the experience of Website users. These cookies allow you to share what you’ve been doing on our Website with social media organizations such as Facebook and Twitter. We have no control over the information collected by these cookies.

Our Website only automatically uses Necessary cookies to enable you to use our Website and its features and ensure the functionality of our Website.

Upon your consent, the Website uses Performance and Analytics, Functionality and Third-Party or Embedded Content cookies for the purposes of providing relevant content, analyzing our traffic, and providing a variety of features to you. You may withdraw your consent to the use of certain cookies (other than Necessary cookies) any time.

2.5.2 How You Disable Cookies

Some internet browsers are automatically set up to accept cookies. If you want to change your cookie preferences or refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies.

Please note you may not be able to take advantage of all the features of our Website if you delete or disable certain cookies, such as the Performance cookies.

2.5.3 Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google“). Google Analytics uses cookies to analyze how you use our Website. The information generated by the cookie about your use of the Website is generally transmitted to and stored on a Google server in the USA.

We only use Google Analytics with activated IP anonymization. This means that your IP address will be shortened in member states of the European Union or the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. Google will use this information on our behalf to evaluate your use of the Website in order to provide us with reports on the activities of users on our Website and to provide other services related to the use of the Website and internet usage. Furthermore, Google will transfer this information to third parties if required by law or if third parties process this data on behalf of Google. The IP address provided by your browser will not be merged with Google’s other data.

You may object to Google Analytics collecting the data with effect for the future by installing a deactivation add-on (https://tools.google.com/dlpage/gaoptout?hl=en) for your browser. Besides the possibility to install the deactivation add-on, there is another alternative to prevent Google Analytics from collecting the data.

3. How We Use Your Personal Data

Personal data collected from you or from third parties and publicly available sources is used:

• to operate, maintain and improve our Services;
• to ensure a comfortable use of our Website;
• to personalize our Services;
• to communicate with you about our Services (changes, feature updates, etc.);
• to provide technical support or customer service;
• to maintain and develop our business relationship with you;
• to deliver advertising for our Services that may be relevant to your interests;
• to pursue certain business development initiatives;
• to send you marketing communications;
• to operate, improve the functionality and design of our Website and ensure a smooth experience with the Website;
• to detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity;
• to identify and repair errors that impair existing intended functionality;
• to audit interactions, transactions, and other compliance activities;
• to protect the integrity, safety, or security of our Services or you, other Users or business partners, comply with applicable legal or regulatory obligations or enforce compliance with this Privacy & Cookies Policy, or other regulations placed on your use of our Services;
• to carry out administrative or operational processes;
• to evaluate your eligibility for an open job position with us that you apply to; and
• to the extent it is not possible to use anonymized, encrypted, or aggregated personal data, to develop and test our Services.

4. Our Legal Bases for Processing Your Personal Data

We will only use your personal data if and to the extent that applicable law allows and rely on a variety of legal bases to process your personal data for the above purposes, including:

• To ensure that our Website is presented to you in the most effective way possible and to ensure the stability and security for the use of the Website. This processing is based on the Art. 6(1)(f) GDPR;
• To provide you with our newsletter and information, including marketing information, about other services. This processing is based on Art. 6(1)(f) GDPR and, where required by law, on your consent pursuant to Art. 6(1)(a) GDPR;
• To contact you in the context of customer service and discuss any queries about our products or other requests. This processing is based on Art. 6(1)(b)(f) GDPR;
• To continuously improve our Website and products by analysing user and customer behavior insofar as you give your consent to do so in accordance with Art. 6(1)(a) GDPR;
• To be able to provide you with advertisements tailored to you insofar as you give your consent to this in accordance with Art. 6(1)(a) GDPR;
• In order to process your submitted job application and to be able to contact you in this regard. This processing is based on Art. 6(1)(f) GDPR;
• In order to comply with our legal retention obligations or obligations under data protection law. This processing is based on Art. 6(1)(c) GDPR;
• To exercise our legal rights or defend ourselves against claims, if applicable. This processing is based on Art. 6(1)(f) GDPR.

Within the scope of the FADP, the principle of lawfulness (Articles 6, 30 FADP) applies, whereby private persons may process data without an explicit justification, provided that they comply with the general principles of data processing. These are set out in the FADP and include, for example, the principle of purpose limitation (data may only be collected and processed for a specific purpose) and the principle of data minimisation (data must be limited to the amount necessary for the purpose of the processing).

5. How and Why We May Share Your Personal Data

We may disclose your personal data to recipients as set out in Section 5.1, which may include international data transfers as further described in Section 5.2.

5.1 General

We may share your personal data with the following recipients (in compliance with the applicable legal requirements):

• Service providers: We may share your personal data with external service providers who support us and the provision of our Services. This can include IT service providers, business analytics providers, newsletter service providers, marketing and event management service providers, etc.
• Legal and professional advisors: We may share your personal data with accountants, auditors and other legal and professional advisors.
• Contractual partners: We may share your personal data with contractual partners to the extent the disclosure results from such contracts.
• Business partners: We may share your personal data with business partners.
• Competent authorities: We may share your personal data with competent authorities, including tax authorities and courts (in the EU member states, Switzerland and abroad), if we are legally obliged or entitled to such disclosure or if it appears necessary to protect our interests.
• Transaction partners and advisors: We may share your personal data in relation to mergers, acquisitions or other business transactions involving us.

5.2 International Transfers

In connection with the disclosures described in Section 5.1, we may transfer your personal data to the following countries that offer adequate protection pursuant to the FADP and GDPR: European Economic Area member states, UK, Israel and USA (if the recipient is certified under the EU-US and Swiss-US Data Protection Framework (“DPF“)).

To the extent necessary for the aforementioned purposes, we may also transfer your personal data to the following countries, which do not offer adequate protection pursuant to the FADP and/or GDPR: USA (if the recipient is not certified under the DPF) and potentially other countries. Such transfer is secured by appropriate safeguards (such as Standard Contractual Clauses (“SCCs“) including amendments necessary under Swiss law) or based on a statutory exemption (e.g., if you have given your consent to the transfer, if the transfer is directly connected with the conclusion or performance of a contract with you or if the transfer is necessary for the establishment, exercise or enforcement of legal claims before a foreign authority). Within the scope of the GDPR, you may ask us for a copy of the relevant safeguards by contacting us as indicated at the beginning of this Privacy & Cookies Policy.

6 How Long We Keep Your Personal Data

We only process and retain your personal data for as long as our processing purposes, the legal retention periods and our legitimate interests regarding documentation require it. Except in case of contrary legal or contractual obligations, we will erase or anonymize your personal data once the applicable storage or processing period has expired.

In general, we will retain your personal data as follows:

• Website: Your personal data collected through our Website will be processed for as long as required to enable the requested access, secure the stability and integrity of the relevant systems or required to perform the analysis. Thereafter, it will be deleted or anonymized.
• Cookies: Cookies will be stored on your device for the time period required to achieve the related purpose and will thereafter be deleted by your browser.
• Communication: Your personal data used to communicate with you will be deleted after responding to / completing your inquiry if and to the extent (i) we are not legally obliged to retain such personal data (e.g., for accounting or document retention purposes), and (ii) we do not have an overriding or legitimate interest to retain such personal data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.
• Business Development: We generally keep your personal data used for business development or marketing purposes for as long as necessary to achieve the respective purposes. Such data will be deleted thereafter if and to the extent (i) we are not legally obliged to retain such personal data (e.g., for accounting or document retention purposes), and (ii) we do not have an overriding or legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.
• Application: We generally keep personal data provided by you, or collected by us, when you applied for a job, for the duration of the recruitment process and three months thereafter, unless you ask or allow us to retain your application for a longer time. Where relevant, we may retain such recruitment data for longer for the assessment or exercise of, or defense against, legal claims.

7 We Protect Your Personal How Data

We have implemented appropriate technical and organizational security measures to protect your personal data from loss, misuse, alteration or destruction. Some measures include, for instance, secure networks, encryption of confidential data, access rights management, password policy, among others. Despite these security measures, we cannot entirely eliminate the security risks associated with data processing.

8 Your Rights and How You Exercise Them

In relation to the processing of your personal data, you can assert the following rights against us at any time:

• Right to access: you can ask us whether we process your personal data, and if so, how we do so;
• Right to correction: if you consider that the personal data which we process relating to you is incorrect or incomplete, you can ask us to correct or complement it;
• Right to object: if we rely on our or a third party’s legitimate interest to process your personal data, and you consider your interest in us not doing so weighs more heavily, you can object to our processing (regarding cookies through which certain personal data may be collected, you can block the setting of such cookies at any time by changing the settings in your browser accordingly; see Section 2.6.2 above);
• Right to objection: you can also object to our processing of your personal data for direct marketing;
• Right to erasure: if you consider that we process your personal data without legal justification or the data was collected when you were still a minor, you can ask us to erase your personal data;
• Right to restrict processing: if it is unclear whether there is a legal justification for the processing of your personal data (for instance, after you have objected to such processing), you can ask us to restrict the processing while the situation remains unclear;
• Right to data portability: insofar as the processing of your personal data is based on a contractual necessity or on your consent, you can ask us to provide you with your data in a structured, commonly used and machine-readably format; and
• Right to withdraw your consent: i.e., to revoke your consent at any time to the future to the extent you have previously given such consent to any specific purpose of processing of your personal data. This will not affect the lawfulness of any processing carried out before you have withdrawn your consent (or any processing based on any legal basis other than your consent) and it may mean that we will no longer be able to provide our Services to you.

In case you wish to exercise any of these rights, please contact us as specified at the beginning of this Privacy & Cookies Policy. We will evaluate your request and provide you with an answer and its justification no later than is required by law. Please note that we may refuse or limit these rights in accordance with applicable data protection law.

You will not, in general, have to pay a fee to exercise any of these rights. However, we may charge a fee for access to your personal data if the relevant data protection legislation allows us to do so, in which case we will inform you as required by the law.

If you feel we have not handled your query or concern to your satisfaction, you also have the right to lodge a complaint with or notify your local supervisory authority (see Section 9 below).

9 How You May Complain

If you believe that our processing of your personal data is not lawful, you have the possibility to lodge a complaint with the competent data protection authority (Art. 77 GDPR and/or, if applicable, Art. 49 FADP). The right of appeal is without prejudice to any other administrative or judicial remedy.

The contact of the competent data protection supervisory authority within the scope of the FADP is:

Federal Data Protection and Information Commissioner

Feldeggweg 1

CH-3003 Berne

Switzerland

https://www.edoeb.admin.ch

Based on your residence, you may have the possibility to lodge a complaint with the appropriate data protection authority of your place of residence.

10 Automated Decision-Making including Profiling

When you visit our Website, we do not use automated decision-making pursuant to Art. 22 GDPR and Art. 21 FADP in any of our data processing activities and your data is not subject to profiling within the meaning of Art. 4(4) GDPR and Art. 5 (f) FADP. If we should rely on such processing in a particular situation, we will inform you separately, provided this is required by law.

11 Changes to this Privacy & Cookies Policy

This Privacy & Cookies Policy does not form part of any contract with you, and we may amend it at any time.

The version published on our Website is the version that currently applies.

Last update: April 4, 2025