Association Simap.ch

General Terms and Conditions (GTC) for Use of www.simap.ch

1 Preamble

The Association for Provision of an Information System on Public Procurement in Switzerland (simap.ch association; hereinafter “Association”) operates such an information system on its website www.simap.ch (hereinafter also “Platform”). The Platform provides an environment for the exchange of information between awarding authorities (hereinafter “Contracting Authorities”) and potential tenderers. The Contracting Authorities may publish their tender documentation on www.simap.ch. The tenderers have the opportunity to register for invitations to tender, examine the relevant documents, and use the forum to submit questions to the Contracting Authorities. The Association also uses the www.simap.ch site to provide additional information on public procurement procedures in Switzerland.

The Association pursues its objectives as a non-profit organisation. All users are entitled to make use of the basic offering on www.simap.ch free of charge. A fee may apply for use of additional services such as subscriptions for automatic profile searches and use of API (c.f. the separate GTC for Online Data Subscription and the GTC for Use of API).

2 Object of contract, applicability

2.1 Object of contract

These General Terms and Conditions regulate the provision of information by the Association and the use of the platform for exchange of information between Contracting Authorities and potential tenderers.

2.2 Applicability of General Terms and Conditions

These General Terms and Conditions apply to persons and entities (hereinafter “Users”) that actively use www.simap.ch in procedures for the awarding of public-sector contracts. These include tenderers that register for an invitation to tender and Contracting Authorities publishing invitations to tender on the platform; Users can take the form of natural persons as well as legal persons under private law or public law.

2.3 Conclusion of contract

All Users that register online as a procurement authority or as a tenderer automatically confirm their acceptance of these General Terms and Conditions. The obligations contained therein apply equally to natural persons who use the platform and to the legal persons for whom they act (e.g. Contracting Authorities, tenderers, or data providers). Provisions containing references to the term ‘User’ apply equally to natural persons and to the legal persons they represent.

3 Services provided by the Association

3.1 Availability of information and functionalities

The Association makes the following information and functions available to its Users:

• a list of invitations to tender, a list of awards and a list of other publicly available publications from the current and the preceding week
• a list of public-sector invitations to tender broken down by type of partner (cantons, Swiss cities, federal authorities, and public corporations)
• a search engine capable of performing both simple and advanced searches
• a list of all public Contracting Authorities using www.simap.ch
• a list of tenderer names
• a function for downloading tender documentation made available to www.simap.ch by the Contracting Authorities
• a function enabling tenderers to submit questions on invitations to tender in cases where Q&A forums are provided
• a function enabling Contracting Authorities to answer any such questions online
• contact details of persons and offices who can assist in the event of questions or difficulties
• practical instructions for tenderers and tips for Contracting Authorities
• a collection of links to documents (laws, resolutions, agreements) and to information relating to public procurement procedures
• a large number of documents and links relating to www.simap.ch (general information, links to similar platforms in other countries, glossaries)
• onward transmission of publication data to official bodies responsible for publications
• offer of online data subscriptions (c.f. GTC for Online Data Subscription to simap.ch)
• offer of data access via the API (c.f. GTC for Use of API of simap.ch)

3.2 Support and help desk

To assist its Users, the Association provides online help functions (explainer videos, FAQs, instructions for use, tips) and a help desk. The help desk answers questions solely related to the functionalities of www.simap.ch.

The help desk is not responsible for addressing problems related to the Users’ hardware or software. Likewise, the help desk does not address questions relating to laws and regulations on public procurement; any such questions must be addressed to the responsible office at federal or cantonal level

4 User responsibilities

4.1 General responsibility

The individual User bears the sole responsibility to both the Association and the other Users for the legality and accuracy of all content he or she publishes on www.simap.ch. This responsibility extends to all information and data (texts, images, etc.) he or she publishes on the site. The User is also aware that all clock times entered and displayed on the site refer to the time zone “Europe/Zurich”. Any other time zones in system configurations or browser configurations are not taken into consideration. With regard to standard time and daylight saving time, the day for which the time was defined is decisive, and not the day on which the time was entered.

4.2 Observance of legal requirements

When using the platform, the User undertakes to comply with Swiss law. In particular, the User ensures that the content and offers he or she publishes on www.simap.ch infringe no legal provisions (especially provisions of criminal, competition, trademark, copyright or telecommunications law, data protection regulations or regulations on invasion of personal privacy). In addition, the content of the publications must not violate public morals or contain any other items of a dubious nature. The User further undertakes to respect the rights of third parties and to verify his or her publications for accuracy and freedom from viruses prior to their placement on the site.

4.3 Control of site content

The Association does not systematically control content and offers published by a User. If the Association has reasonable evidence of illegal, immoral, or inaccurate information or offers published by a User, it will, after informing that User accordingly, take the precaution of deleting the relevant publication from www.simap.ch. In accepting these General Terms and Conditions, the User automatically authorises the Association to take the final decision on deletion of publications that might be illegal, immoral, or inaccurate.

The association reserves the right in the event of misuse of the platform to report the User to the responsible authority (in particular, the prosecution authorities). The Association may also exclude any User who infringes legal or contractual requirements from using the platform and reserves the right to lodge claims for damages.

4.4 Password confidentiality

Each User who receives a password (access code) for the www.simap.ch site bears full responsibility for the secrecy and safekeeping of the access data.

4.5 Special responsibility of the Contracting Authority

The Contracting Authority is responsible for observance of the regulations governing the awarding of public-sector contracts. In particular, the Contracting Authority bears full responsibility for the content of its invitations to tender, any corrections or additions thereto, discontinued procedures, prequalification decisions, awards, replies to questions asked in the forum, and for any other information on an invitation to tender published on the www.simap.ch site.

It is the responsibility of the Contracting Authority to note any restrictions on further use of the tender documentation within the documents themselves (see item 8.1). The Association recommends that Contracting Authorities apply such restrictions as an exception only and after legal review.

4.6 Consent

By completing the form confirming participation in the invitation to tender, the tenderer authorises onward transmission of their data to the Contracting Authority.

The tenderer and the Contracting Authority accept that information on the awarding of a contract is published on the www.simap.ch site.

4.7 Liability of the User

The User bears full liability for all loss or damages resulting from infringement of his or her contractual obligations and indemnifies the Association against any claims filed against it by third parties.

4.8 Concurrent operation after activation of the new Platform

The Association will replace the Platform with a new Platform (“KISSimap.ch” project) prospectively in 2024. The old and new platforms will operate concurrently for a period of six months starting from the date that the new Platform is activated. The User is aware that during the period of concurrent operation, publications may be published on either the old or the new platform, but not on both at the same time.

5 Responsibilities of the Association

5.1 Correct functioning of platform

Although the Association bears responsibility for conscientious provision of its services and normal functioning of the platform, the User is aware that functional defects cannot be ruled out in complex information systems, even when these are designed and operated with all due care. Consequently, the Association cannot guarantee that the www.simap.ch site will function without defects. The same applies to transmission of data in the cantonal gazettes (KAB) and to the European publication platform (TED).

Any application errors will be corrected either by updates or by revised versions. The Association is free to decide the time for correction of errors. When supplying updates or revised versions, the Association cannot guarantee that functions and their interfaces (API) will remain unchanged.

5.2 Availability of services

Although the Association cannot guarantee uninterrupted availability of www.simap.ch functionalities and the help desk, or that the platform will be accessible at all times, it will endeavour to remedy any system failures occurring within its area of responsibility as quickly as possible. Depending on the duration of the interruption or complexity of the problem, the Association will display status reports on the www.simap.ch site.

5.3 IT security

The IT security level of the www.simap.ch site is modern and appropriate. User data are protected by https encryption and by the use of passwords and security codes.

The Association has no influence whatsoever on data files exchanged between Users and is consequently unable to guarantee either their integrity or their readability. The Users bear full responsibility for format compatibility and for keeping their files free of viruses.

5.4 Confidentiality, data protection

The Association treats all non-public information that comes to its knowledge during provision of its services in strict confidence and does not communicate any such information to third parties without the relevant User’s prior consent.

Unpublished personal data is treated in confidence and adequately protected against access via unauthorised persons. In entering his or her personal data on a contact form or sending an e-mail, the User confirms his or her consent to processing of these data for the relevant use.

5.5 Data storage/archiving

The archiving/deletion on simap.ch is regulated as follows:

All publications as well as tender documentation in the form of uploaded files are archived for an undetermined period. Confidential documents such as the tenders of tenderers and other confidential documents are not archived.

5.6 Liability of the Association

In the event of claims filed for any legal reason whatsoever, the Association’s liability is limited to damage or loss caused through gross negligence or a wilful act of the Association itself or the responsible employee(s). Unless otherwise stipulated by mandatory law, the Association excludes its auxiliaries and subcontractors from liability, and also excludes any liability whatsoever for indirect or consequential loss or damage. The Association’s liability is limited to the amount of its assets.

Notwithstanding the precautions taken to prevent misuse of its www.simap.ch services and its reaction to any warnings received, the Association cannot exclude the possibility of use of these services for improper purposes. The Association disclaims any responsibility or liability for loss or damage caused by such misuse though either Users or third parties.

The Association further disclaims any responsibility or liability for the content or the correct functioning of other sites which can be accessed via hyperlinks.

5.7 Position of the Association

The Association’s position is independent and neutral. It has no influence on decisions taken by a Contracting Authority and published on the www.simap.ch site. Consequently, objections to the awarding of contracts cannot be filed against the Association.

The Association is neither a party to nor an intermediary in contracts concluded between Users of www.simap.ch. All procurement contracts are concluded and executed exclusively between the relevant Contracting Authority and tenderer outside the www.simap.ch site.

6 Exclusion from use of site

The management of the Association may exclude Users from access to the functionalities of the www.simap.ch site or restrict their access rights without notice. Such exclusion or restriction takes place in the following cases in particular:

• misuse of www.simap.ch
• User failure to observe these General Terms and Conditions
• reasonable grounds exist for suspecting that a User’s publication is unlawful or violates public morals
• misuse or disclosure of the access code
• User’s online transmission (either intentionally or unintentionally) of virus-infected data

A User’s exclusion automatically terminates his contractual relationship with the Association. The User cannot contest either a restriction, an exclusion, or the termination of the contractual relationship.

7 Termination of contract

Either party may terminate the contractual relationship at any time and without stating reasons therefore. Notice of termination must be served in writing (by e-mail).

The Association may cease operation and close down the platform at any time without incurring any liability for claims from the User. The Association communicates any such action in advance.

8 Final provisions

8.1 Rights to www.simap.ch

The composition of the platform and the applications for preparing and accessing the site content are intellectual property of the Association and its relevant partners and are protected by copyright. The content of invitations to tender remains intellectual property of the relevant Contracting Authority. The Association is nonetheless entitled to transmit the content to third parties.

The prior written agreement of the Association is required for the reproduction (in whole or part), publishing or linking (in particular via integration in a website or intranet) of platform structures, applications or content provided on www.simap.ch. Such agreement is not required for the printing out or downloading of content for personal or non-commercial use or for the downloading and publication of tender documentation.

Persons who download tender documentation, by virtue of their actions, undertake vis-à-vis the awarding authority and persons with rights to the tender documentation to comply with any conditions or restrictions to the further use of the tender documentation that are noted in the same or that arise on the basis of copyright law and other relevant legislation. In order to facilitate compliance with any restrictions on use, the Association recommends that Contracting Authorities place the following text in the relevant documents: “These documents may be used for the sole purpose of submitting a bid. Any further use of these documents is subject to restrictions”, supplemented by a link to or details of the restrictions.

8.2 Amendments to functionalities and the GTC

The Association reserves the right to amend, supplement, or reduce the processes, structure and functionalities of the platform at any time. In addition, the Association may amend any content that it provides on www.simap.ch at any time.

The Association may amend these GTC at any time. Users are informed of such amendments by e-mail or by any other suitable (online) means. By continuing to use the platform, the User accepts the amended GTC. If the amendments are not accepted, the contractual relationship terminates with immediate effect. The current and binding version of the GTC is available on www.simap.ch and can be printed directly from the site.

8.3 Partial nullity

If any individual provisions or sections of these General Terms and Conditions prove invalid or impracticable, this does not affect the validity of the remaining provisions. In the event that a provision proves invalid or impracticable, it is to be replaced by a valid provision that fulfils the purpose of the invalid provision as closely as possible. The same process applies in the event that a loophole becomes evident.

8.4 Settlement of disputes

In the event of differences of opinion in connection with the use of the www.simap.ch site or with the most recent valid version of the General Terms of Contract, the parties to the contract undertake to make every effort to find a mutually acceptable solution in good faith.

If there are any discrepancies or inconsistencies between the various language versions of these standard Terms and Conditions, the German version prevails.

8.5 Place of jurisdiction, applicable law

The sole place of jurisdiction for all disputes between the Association and the online subscribers arising either from these General Terms and Conditions or from the use of www.simap.ch is Bern.

The contractual relationship is governed by Swiss substantive law.

GTC for Online Subcription to simap.ch

1 Preamble

The Association for Provision of an Information System on Public Procurement in Switzerland (simap.ch association; hereinafter also “Association”) operates such an information system on its website www.simap.ch (hereinafter also “Platform”).

The Association pursues its objectives as a non-profit organisation. All users are entitled to make use of the basic offering on www.simap.ch free of charge. Use of the Online Subscription service may in future incur a fee.

2 Object of General Terms of Contract (GTC)

The present General Terms of Contract regulate the legal relationship between the Association and the online subscriber for obtaining simap data in electronic form. Unless otherwise specifically stated in the present General Terms of Contract, the most recent version of the General Terms and Conditions on the use of www.simap.ch (hereinafter called the “simap.ch General Conditions of Use”) apply.

3 Online subscription

Online subscribers can be natural or legal persons that use the simap.ch data for their personal or in-house company purposes. They do not pass on simap.ch data to third parties.

4 Data procurement

The Association provides the online subscriber with daily updated simap.ch data that is relevant to the subscriber’s search criteria in suitable formats. The data are made automatically accessible via the simap application.

The simap.ch data are transmitted to online subscribers in individualised form in accordance with the headings and supply intervals defined in the respective application forms. Subscribers receive morning email notifications containing the following information:

• Project description
• Identification number
• Data-link to the respective invitation to tender that enables direct procurement of the prepared data

Dispatch commences at midnight. The weekly subscription mail is created on Mondays.

5 Compulsory registration

Online subscribers must complete the online registration in full and in good faith. The following details are required:

• For natural persons: Family name, given name, telephone number, email address

The Association reserves the right to reject renewed applications from interested parties who have formerly received data but have been excluded on grounds of breach of contractual provisions and/or legal conditions.

6 Costs

The simap online subscription is currently not subject to a fee. The simap.ch association reserves the right to levy a fee in the future for the use of the online subscription. Information on the introduction of a fee as well as the relevant conditions (in particular the fee amount) is communicated by email or another suitable communications channel at least one month prior to the change being introduced. Continued use of the services by the online subscriber constitutes their acceptance of the associated charges.

7 Amendments to services provided

The Association reserves the right to amend the conditions for obtaining simap data at any time. The Association informs the online user of such changes in good time. Continued use of the platform by the online subscriber constitutes their acceptance of the new conditions. If the amendments are not accepted, the contractual relationship terminates with immediate effect.

8 Term of contract, termination

In principle, the simap online subscription is activated for an unlimited period.
The online subscriber may terminate the subscription at any time. The Association may terminate the subscription at any time in cases where just cause exists under the present General Terms of Contract or the simap.ch General Conditions of Use.

9 Guarantee and liability

The online subscriber hereby acknowledges that the dispatch of notification emails cannot be guaranteed. It remains the responsibility of the online subscriber to check whether notification emails have been received and, in the event of non-receipt, to contact the Association. In such cases, the data will be subsequently delivered.

It is not possible to guarantee constant and error-free functioning of the application for the individualised download of data. The Association nonetheless endeavours to remedy any malfunction of which it becomes aware as quickly as possible. Work on correction of any defects or errors will not commence before 07:30 a.m. on the relevant day. In all other cases the provisions relating to guarantee and liability contained in the simap.ch General Conditions of Use apply.

10 Data protection and data security

The online subscriber’s personal data are subject to the Data Protection Regulations (DSG, SR 235.1). Completion of the registration form by the online subscriber constitutes their agreement to processing of their personal data for the specific purpose for which the data were made available. The data are treated in confidence and adequately protected against disclosure to unauthorised persons. This applies not only to the transmission of these data (ssl, https) but also to storage of personal profiles. The online subscriber hereby confirms their awareness that unencrypted transmission of the data either by e-mail or via the internet (http) can result in the data being read or even changed by third parties.

11 Communications

The Association sends communications to registered online subscribers either by email or by post.

12 Settlement of disputes

In the event of differences of opinion in connection with the use of the www.simap.ch site or with the most recent valid version of the General Terms of Contract, the parties to the contract undertake to make every effort to find a mutually acceptable solution in good faith.

If there are any discrepancies or inconsistencies between the various language versions of these standard Terms and Conditions, the German version prevails.

13 Place of jurisdiction, applicable law

The sole place of jurisdiction for all disputes between the Association and the online subscribers arising either from these General Terms and Conditions or from the use of www.simap.ch is Bern.

The contractual relationship is governed by Swiss substantive law.

GTC for the use of Application Programming Interfaces (API) of simap.ch

1 Preamble

The Association for Provision of an Information System on Public Procurement in Switzerland (simap.ch association; hereinafter also “Association”) operates such an information system on its website www.simap.ch (hereinafter also “Platform”).

The Association pursues its objectives as a non-profit organisation. All users are entitled to make use of the basic offering on www.simap.ch free of charge. Use of certain components of the API service may in future incur a fee.

2 Object of General Terms of Contract

The present General Terms of Contract regulate the legal relationship between the Association and the API user for the exchange of data via the API of simap.ch. Unless otherwise specifically stated in the present General Terms of Contract, the most recent version of the General Terms and Conditions on the use of www.simap.ch (hereinafter called the “simap.ch General Conditions of Use”) apply.

3 Data procurement

API users may obtain data via the API of simap.ch in JSON format. The volume of data available corresponds to the access rights of the user account used for authentication. Like the user interface, the API can be used without a user account, enabling access to the corresponding data volume. See Clause 7 for further details.

4 Conditions for data procurement

API users may obtain publication data for commercial purposes and pass such data on to third parties. In individual cases where the data are particularly sensitive in nature, the Association reserves the right not to make these available.

The Association may prohibit the procurement of data if the purpose for which the data are being used constitutes a breach of contractual or legal provisions. In particular, the Association reserves the right to reject renewed applications from interested parties who have formerly received data but have been excluded on grounds of breach of contractual provisions and/or legal conditions.

5 Use of data

The API user and his employees hereby undertake not to use simap data for purposes constituting an infringement of legal provisions (in particular, of provisions contained in criminal law, data protection regulations, regulations on invasion of personal privacy, copyright law or competition law).

The contents of the simap data must not be modified in any way and must be presented in such a form that they can be clearly distinguished optically from any comments or other additions. The information must include the following statement: “This is not an official publication. The data published on the www.simap.ch platform are authoritative.” Neither the advertising material, the packaging, the data carrier nor the electronic media shall bear or otherwise include any item creating or capable of creating the impression that it is an official publication. In addition, the API user must likewise publish any statements made by the Association on the quality of the simap data supplied to them as well as any subsequent corrections communicated to them by the Association. The API user is permitted to transmit simap data to third parties as of 8:00 a.m. on their date of their publication.

The API user must impose the obligations stipulated in the foregoing clause on all persons to whom they make the simap data accessible, and they must also ensure that simap data are only made accessible to authorised persons who are aware of the restrictions on their use. They must also monitor compliance with the conditions for use of simap data and take any necessary action to guarantee this. The API user hereby undertakes to notify any misuse of simap data to the Association without delay.

The API user bears sole liability for any unlawful use of simap data or for any use not conforming to these General Terms of Contract and for any damage or loss resulting therefrom.

In the event of the API user’s failure to conform to these General Terms of Contract in the use of simap data, or of their misuse of these data in any other way, or of their failure to ensure compliance with conditions for use of these data by third parties to whom they or their agents have made the data accessible, the Association is entitled to terminate the contract without notice. (See Clause 10).

6 Compulsory registration

The API user authenticates their identity to the API of simap.ch in the same way as on the web interface and receives all access rights corresponding to their user role. Examples (non-exhaustive):

• Without authentication: access to publications, search for publications
• Authentication as a tenderer: procurement of tender documentation, place questions in the question forum
• Authentication as a contracting authority: create publications, answer questions placed in the question forum

Before a user can authenticate their identity on the web interface or the API, prior registration as a user is required. This can be undertaken via the web interface of simap.ch and must be completed in full and in good faith.

The Platform additionally offers registration for developers and product managers. Registered persons are informed in good time by the simap.ch association about planned changes or additions to the simap API and its conditions of use.

7 Costs

The use of the simap API is currently not subject to a fee. The simap.ch association reserves the right to raise a fee in the future for the use of certain components of the simap API. Information on the introduction of a fee as well as the relevant conditions (in particular the fee amount) is communicated by email or another suitable communications channel at least one month prior to the change being introduced. Continued use of the services by the API user constitutes their acceptance of the associated charges.

8 Amendments to services provided

The Association reserves the right to amend the conditions for the use of simap API or the offering on the simap API at any time subject to service of due notice to the user. The Association informs registered API users of any such amendments in good time. (Registration: see Clause 7). Continued use of the platform by an API user constitutes his or her acceptance of the new conditions. Rejection of the amendments by the API user automatically entails immediate prohibition of data procurement.

9 Duration of use and termination of use

The use of the simap API is unlimited in duration. The Association may terminate access to the simap API prematurely in cases where just cause exists under the present General Terms of Contract or the simap.ch General Conditions of Use.

10 Guarantee and liability

The Association endeavours to remedy any malfunction of its services of which it becomes aware as quickly as possible. Work on correction of any defects or errors will not commence before 07:30 a.m. on the relevant day. The API user hereby undertakes to indemnify the Association against any third-party claims arising from any breach of these GTC (including the simap.ch General Conditions of Use) or from any errors committed by the API user, his vicarious agents or subcontractors when processing or transmitting simap data. In all other cases the provisions relating to guarantee and liability contained in the simap.ch General Conditions of Use apply.

11 Data protection and data security

The API user’s personal data are subject to the Data Protection Regulations (DSG, SR 235.1). They are treated in confidence and adequately protected against disclosure to unauthorised persons. This applies not only to the transmission of these data (ssl, https) but also to storage of personal profiles (firewalls and backups). Completion of the registration form by the API user constitutes their agreement to processing of their personal data for the specific purpose for which the data were made available. The API user hereby confirms their awareness that unencrypted transmission of the data either by e-mail or via the internet (http) can result in the data being read or even changed by third parties.

12 Communications

The Association sends communications to registered API users either by e-mail or by post.

13 Settlement of disputes

In the event of differences of opinion in connection with the use of the www.simap.ch site or with the most recent valid version of the General Terms of Contract, the parties to the contract undertake to make every effort to find a mutually acceptable solution in good faith.

If there are any discrepancies or inconsistencies between the various language versions of these standard Terms and Conditions, the German version prevails.

14 Place of jurisdiction, applicable law

The sole place of jurisdiction for all disputes between the Association and the API user arising either from these Standard Terms and Conditions or from the use of www.simap.ch is Bern.

The contractual relationship is governed by Swiss substantive law.

Data protection statement of simap.ch association

In this data protection statement, we, the simap.ch association (hereinafter simap.ch, we or us), describe how we collect and otherwise process personal data on and in connection with the simap.ch platform. The description provided is non-exhaustive; specific matters are possibly governed by other data protection statements or general terms and conditions of business and similar documents (c.f. in particular the data protection statement of the KISSimap.ch website). The term “personal data” refers to all details pertaining to an identified or identifiable person.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are made aware of the present data protection statement and that you share their personal data with us only when you have permission to do so and when such personal data is correct.

This data protection statement is drafted in line with the requirements of the EU General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP). Whether and to what extent these laws are applicable, however, depends on the specific case.

This data protection statement does not pertain to the publications of procurement offices announcing invitations to tender on simap.ch. The procurement offices are responsible for the legal correctness of their publications and, in particular, for their conformity with data protection legislation. The simap.ch association cannot be held liable for violations of data protection acts and regulations occurring in publications released by procurement offices.

1. Person or body responsible/data protection officer

simap.ch association, c/o SECO/DPPU, Holzikofenweg 36, 3003 Bern, is responsible for the data processing we undertake, to the extent that no other body has been specified in individual cases. If you have data protection concerns, you can communicate them to us at the following contact address: simap.ch association, c/o SECO/DPPU, Holzikofenweg 36, 3003 Bern, office@simap.ch. This is also the address of our data protection officer as defined in Article 37 of the GDPR.

2 Collection and processing of personal data

We primarily process personal data in relation to our services that we receive from contracting authorities, tenderers, online subscribers and other involved persons or that we collect in the operation of our website (simap.ch) and other applications.

For the use certain services, registration on the simap.ch website and thus the provision of personal data is required. This applies in particular to the following services:

• creation, administration and publication of invitations to tender, competitions, study contracts, etc.;
• registration for published invitations to tender;
• use of the question-and-answer forum;
• subscription of invitations to tender;

We may collect the following categories of personal data:

Upon the registration as a simap.ch user:

• given name and family name;
• telephone number;
• email address;
• language.

From invitations to tender and other publications:

• contact person (job title, given and family names);
• business address;
• business email address;
• business website;
• business telephone number.

When communicating awards:

• name, address, email, and telephone number of tenderer who received the award (company, or natural person where applicable)
• contact person of the contracting authority (job title, given and family names)
• business address of the contracting authority;

When the question-and-answer forum is used:

• name of the tenderer posting the question;
• given and family names.

3 Purpose of data processing and legal foundations

We primarily use the data we collect to offer services to the users of the simap.ch website (in particular regarding the publication and researching of invitations to tender within public procurement processes), to provide a related question and answer forum, to forward certain invitations to tender to the platform ted.europa.eu, as well as to fulfil our legal obligations in Switzerland and abroad. If you work for a user of simap.ch, in particular for a tenderer or a contracting authority, you can, in this function, be equally affected with regards to your personal data.

Furthermore, when permitted and deemed reasonable by us, we process your personal data and that of other persons also for the following purposes in which we (and sometimes third parties) have a rightful interest:

• to monitor and optimise processes for needs analysis in order to address users directly;
• to exercise legal rights and defence in relation to legal disputes and official proceedings;
• to prevent and investigate offences and other misconduct (e.g. to carry out internal investigations, data analyses for combating fraud).

If you have given us consent to process your personal data for certain purposes (e.g. when registering for an online subscription), we process your personal data based on and within the framework of that consent, to the extent that we have no other legal basis therefore and require one. Consent, once given, may be revoked at any time, although this has no bearing on any data processing that has already taken place.

4 Server log files

The provider of the web pages collects and automatically saves information in server log files that your browser automatically transfers to us. This information comprises the following:

• date and time of the request;
• name of the requested file;
• page from which the file was requested;
• access status (file transferred, file not found, etc.);
• web browser and operating system used;
• full IP address of the requesting device;
• amount of data transferred.

These data are also collected when no registration is made on our website.

These data are not consolidated with other data sources. Such processing is based on our rightful interest in improving the stability and functionality of our website.

For reasons of technical security, in particular for preventing attempts to attack our web server, these data are saved for a short period. It is not possible for us to identify individual persons on the basis of this data. After a maximum of seven days, the data are anonymised by truncating the IP address to the domain level, rendering it impossible to establish a connection to an individual user. The data are then processed in anonymised form for statistical purposes; no comparison with other databases or transfer to third parties takes place.

5 Cookies/tracking applied on our website

On our websites, we generally use cookies and similar technologies that can identify your browser or device. A cookie is a small data file that is sent to your computer and automatically saved by the web browser on your computer or mobile device when you visit our website. This enables us to recognise you when you revisit the website, even though we do not know who you are. In addition to cookies that are used only during a session and deleted after your visit to our site (session cookies), cookies can also be used to save user settings and other information for a certain period, for example, two years (permanent cookies). You may, however, change your settings to reject cookies, to save them only for one session, or to delete them early. The default setting of most browsers is to accept cookies. We use permanent cookies to enable you to save your user settings (e.g. language, automatic log in) and to enable us to better understand how you use our offerings and content. Certain cookies are set by us and certain others by the contracting partners with whom we work. If you block cookies, it is possible that certain functions (such as automatic language selection or log in) will no longer work.

In our subscription emails and some other email types, we sometimes also integrate, where permitted, visible and non-visible image elements, which, when downloaded from our server enables us to determine whether and when you opened our email. This allows us to measure and better understand how you use our offerings and how we can tailor them to you. You can can block this in your e-mail programme, and it is the default setting of most programmes to do so.

By using our websites and agreeing to receive subscription emails and any other emails, you consent to the use of these technologies. If you object to this, you must adjust the settings in your browser or email programme accordingly.

6 Passing on of data and transfer of data abroad

Within the framework of our business activities and our business purpose as described in clause 3, we pass on your personal data, when permitted and we deem it reasonable, to third parties for them to process the data for us or for their own purposes. This relates in particular to the following third parties:

• our service providers (simap in-house and external providers, including order processors such as IT providers);
• suppliers, subcontractors, and other business partners;
• national and international authorities, official bodies, or courts;
• other parties involved in potential or actual legal proceedings.

Together, these comprise the receivers.

If a receiver is located in a country without sufficient data protection legislation, we contractually oblige the receiver to comply with the applicable data protection (for this, we use the revised standard contractual clauses of the European Commission, which are available here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?) if the receiver is not already subject to another legally recognised set of regulations to guarantee data protection and we have no applicable exemption clause. An exemption may apply, for instance, for legal proceedings abroad, but also in cases of overriding public interest, or when the closure of a contract requires such provision of information, when you have given consent, or when the matter pertains to data made generally accessible by you and you have not objected to its processing.

7 Storage duration of personal data

We process and save your personal data when this is necessary to fulfil the purpose for which it was collected and, moreover, in accordance with the legal duties of safekeeping and documentation. In this context, it is possible that personal data are stored for the period in which claims can be raised against us, and when we are otherwise legally obliged to do so, or when required by legitimate business interests (e.g. for purposes of proof and documentation). As soon as your personal data are no longer required for the above-named purposes, they are, as a rule, and to the extent possible, deleted or anonymised. For operational data (e.g. system protocols, logs), as a rule, shorter storage periods of twelve months or less apply.

8 Data security

To protect your personal data from unauthorised access and misuse, we implement appropriate technical and organisational security measures such as training, IT and network security solutions, access controls and limits, encryption of data carriers and transfers, pseudonymisation, and controls.

This website uses SSL/TLS encryption for security reasons and to protect transferred confidential content, such as the requests you send to us as the website operator. You can recognise an encrypted connection by the change in address from “http://” to “https://” and by the padlock symbol in the browser line.

When the SSL or TLS encryption is activated, data that you transfer to us cannot be read by third persons.

9 Obligation to provide personal data

When using our simap.ch website, you must provide the necessary personal data to create and use your user profile and to avail yourself of the services you request from us (generally, you have no statutory obligation to provide us with data). Without these data, we are generally not in a position to offer you (or the office or person you represent) full access to our website or our services. If certain details to enable data transmission (such as IP address) are not disclosed, you might be completely unable to use the website.

10 Rights of the affected person

Within the framework of the data protection legislation applicable to you, and if these so provide (as is the case in the GDPR), you have the right to information, notification, and deletion, as well as the right to limit data processing or to object to our data processing and to the provision of certain personal data for the purpose of transferring it to another party (data portability). Please note, however, that we reserve the right to apply the relevant legal restrictions, for example, when we are obliged to store or process certain data, when we have an overriding interest (where we may claim the right), or when it is necessary to assert claims. Should costs arise for you, we will inform you in advance. We have already informed you of the possibility to revoke your consent in clause 3. Please note that exercising these rights might constitute a breach of contractual agreements that could result in early termination of contract or involve costs. In this event and where not already contractually defined, we will inform you in advance.

As a rule, exercising such rights requires you to clearly prove your identity (e.g. by providing a copy of ID when your identity is not otherwise clear or can be verified). To assert your rights, you may contact us at the address provided in clause 1.

Moreover, each affected person has the right to legally pursue their claims or to submit a complaint to the competent data protection authority. The competent Swiss data protection authority is the Swiss Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

11 Changes

We may change this data protection statement at any time without prior notice. The current version published at any one time on our website applies. If the data protection statement forms part of an agreement with you, we will inform you of any changes via email or another suitable method of communication.