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Privacy Statement for the Investor Portal
Anmerkung: Eine deutsche Übersetzung dieses Dokumentes ist hier verfügbar. Rechtsverbindlich ist jedoch immer die untenstehende englische Fassung.
Yova AG Switzerland
This Privacy Statement refers to the investor portal under crowdinvesting.inyova.ch (in the following the “investor portal”) and describes the in formation that is collected, processed and used by Inyova AG, Limmatstrasse 123, 8805 Zurich, Switzerland (referred to in the following as "Inyova" or "We') in its capacity as controller when you visit this investor portal. Where technically possible and reasonable, Inyova will, on the request of the user, ensure that use of the investor portal is possible in an anonymised or pseudonymised form. Inyova processes personal data and data without personal reference. Within the meaning of this privacy policy, personal data is any information relating to an identified or identifiable natural person. Processing means any handling of personal data, regardless of the means and procedures used, in particular the acquisition, storage, keeping, use, modification, disclosure, archiving, deletion or destruction of personal data.
As part of your registration on the investor platform and/or the newsletter subscription we collect and process certain personal data relating to you in accordance with section 3 of this declaration, your personal data is processed lawfully, in good faith and for a specific purpose on the basis of contractual obligations, legal obligations or your consent. Your data is neither collected nor processed as part of an automated decision-making process, nor with the aim of evaluating certain personal aspects (profiling).
The investor platform is technically managed and operated by CONDA GmbH Liechtensteinstraße 111-115, 1090 Vienna ("CONDA”). We have concluded a corresponding contract with CONDA for the processing of order data with regards to the operation of this website.
For the processing of the planned capital increase, we are working together with Hypothekarbank Lenzburg ("HBL"), Bahnhofstrasse 2, 5600 Lenzburg.
The nature, scope and purposes of this data collection are described below.
- Area of Application
This Privacy Statement applies only to the use of the investor portal crowdinvesting.inyova.ch and therefore, in particular, not to:
- use of the Inyova app.
- use of the Inyova website
- other websites to which you are referred by clicking on a link.
- Categories of personal data
The following categories of personal data may be collected, processed and used by Inyova in connection with the usage of the investor platform.
- In the context of registration: first and last name, salutation and title as well as the e-mail address and IP address.
- To complete the profile, further personal data are processed, specifically these are Residential address, telephone number, birthday and account data (account holder, IBAN). Without this data, no ordinary shares can be subscribed to by Inyova.
- Personal data will only be passed on or disclosed (data transfer) to third parties if this is necessary for the purpose of processing a contract.
- In addition, we are subject to the obligation to make the data concerned available to the relevant authority in the event of a statutory provision, an official order or an official investigation procedure
- Legal bases and purposes for data processing
We collect, process and use this personal data in a lawful way and in good faith. Depending on the respective purpose of the data processing, Inyova processes your personal data on the following legal bases and, if necessary, for the following purposes:
3.1 Contractual Obligation
First and foremost, Inyova processes personal data in connection with the investor portal exclusively in the context of the initiation or implementation of the capital increase, in particular in order to
- To settle the subscription and settlement of the subscription of the shares
- Manage, operate, maintain and improve the investor portal and services offered thereon until the subscription process is completed.
- to answer users' questions and fulfil users' requests,
- to provide users with information and advertisements regarding the issuance of shares, and,
- to prevent the illegal use of our investor portal.
3.2 Legal Obligation
Inyova is required to comply with applicable laws and regulations and may be required by law or an official order to provide information, report your personal data or hand over your personal data.
3.3 Safeguarding Legitimate lnterests
The legal basis for data processing is Article 13 (1) of the Federal Act on Data Protection (Article 31 [1] of the revised Federal Act on Data Protection). Our legitimate interest is based on the intention of ensuring the functionality of our investor portal with respect to our services, running our website in a user-friendly way, keeping information constantly updated, and meeting the needs of our investors and investor portal visitors.
The personal data collected will not be used to draw conclusions about your person.
3.4 Data Security and Storage
Access to personal data is restricted to those employees, contractors and third parties that require knowledge of this data for the provision of products and services or in connection with the website. We use physical, electronic and procedural security precautions for the protection of personal data. They include the use of firewalls, personal passwords, as well as encryption and authentication technologies. We use personal data belonging to our customers or former customers exclusively for the aforementioned purposes and will only pass on this data to third parties with the consent of the customer or where permitted or required for compliance with a legal obligation.
We store your personal data in accordance with the relevant data protection laws. In particular, personal data is only stored for as long as it is required, and no longer than the period permitted by law.
- Cookies
We use cookies for the investor portal. These are small text files that are stored on your end device with the help of the browser when you visit the investor portal. We use cookies to make our offer user-friendly. Some cookies remain stored on your end device until you delete them. Cookies cannot access any other files on your end device.
We use so-called session cookies on the investor portal, which are deleted as soon as you leave the website again, as well as permanent cookies (long-term cookies). These are stored on your end device until you manually delete them in your browser. Cookies also enable us to recognise your browser the next time you visit the investor portal.
If you do not wish this, you can set your browser to inform you when cookies are set or saved. You can also block or delete cookies in individual cases. However, please note that deactivating cookies may limit the functionality of the Investor Portal.
Consent to the use of cookies
When you visit our website for the first time (with the help of a so-called "cookie banner" or "cookie consent tool"), you will be asked which cookies you wish to accept. Cookies that are not essential for providing the services of this website will only be used after you have given your consent. However, this decision will be stored in a cookie for verification purposes and to implement your setting. You can change your cookie settings at any time.
The use of cookies represents a legitimate interest and is justified by Art. 6 (1) sentence 1 lit. f DSGVO. In the case of non-essential cookies, the processing of personal data relating to you by cookies is based on your consent to the individual cookies in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO. You are entitled to the rights described in section I. at any time.
By agreeing to the use of the respective cookies by US providers such as Google, Facebook, Twitter, YouTube, LinkedIn, etc., you also consent to your data being processed in the USA in accordance with Art. 49 (1) sentence 1 lit. a DSGVO.
Whether cookies are set in each case and which data is stored in them under which further circumstances is also explained in more detail in our notes on the tools, plug-ins and services used.
First-party and third-party cookies
There are both first-party cookies and third-party cookies. First-party cookies are created directly by our site, third-party cookies are created by partner websites or their tools/plug-ins/services (e.g. Google Analytics). Each cookie is to be evaluated individually, as each cookie stores different data. The expiry time of a cookie also varies from a few minutes to a few years. Cookies are not software programmes and do not contain viruses, Trojans or other "pests". Cookies also cannot access information on your PC.
What are the different types of cookies?
1) Essential cookies
These cookies are necessary to ensure basic website functions. For example, when the user places a product in the shopping basket, then continues surfing on other pages and only later goes to the checkout. These cookies do not delete the shopping cart even if the user closes his browser window.
Essential cookies used:
| Name | Purpose | Duration |
|---|---|---|
| Borlabs Cookie | Saves the visitor's preferences selected in the Borlabs Cookie cookie box. | 1 year |
| Conda | Saves data relevant to the user login. The corresponding cookies are only set after a successful login. | 1 day or 1 hour (conda_user_token) |
| Google Tag Manager | Google Tag Manager is a cookie-free domain and does not collect any personal data. However, Google Tag Manager can trigger other tags that may collect and process personal data. These can be configured here. | 2 years |
2) Functional cookies
These cookies are not mandatory, but they increase the functionality of the website. These include, for example, information such as user names, language selection, form data once entered, font size, etc.
Functional cookies used:
| Name | Purpose | Duration |
|---|---|---|
| Google Analytics | Google cookie for website analysis. Generates statistical data about how the visitor uses the website. | 2 years |
3) Performance and marketing cookies
These cookies come from external advertising companies, among others, and are used to collect information about the websites visited by the user, for example, to create targeted advertisements for them.
Other cookies collect information about user behaviour on the website and whether users receive error messages (if so, which ones?) in order to improve the content and structure of the website. Loading times or the behaviour of the website with different browser types are also measured with these cookies.
Performance cookies used:
| Name | Purpose | Duration |
|---|---|---|
| Used to unblock Facebook content. | Session | |
| Used to unblock Instagram content. | Session | |
| YouTube | Used to unblock Youtube content. | 6 months |
Browser-side deactivation or deletion of cookies
You can set your web browser in such a way that the storage of cookies on your end device is generally prevented or you are asked each time whether you agree to the setting of cookies. Once cookies have been set, you can delete them at any time. How this works is described in the help function of the web browser you are using. A general deactivation of cookies may lead to functional limitations of this website.
The processing of your data is based on our overriding legitimate interest for the purpose of cost-effectively compiling easy-to-use website usage statistics to enable you to use the Investor Portal without any problems.
4.1 Delete cookies
You can opt out of the use of cookies (and this website) at any time by deleting the cookies set by the website. This is possible via the settings in your internet browser and by deleting all cookies.
- Newsletter data
lf you would like to order the newsletter offered on the investor portal, we require your email address and information enabling us to verify that you own the email address given and have agreed to receive the newsletter.
We store your IP address and the date of registration when you subscribe to our newsletter. This data is used solely for the purposes of verification in case a third party misuses the email address and registers to receive the newsletter without the knowledge of the person authorised to use the account.
No other data will be collected. We use this data for the sole purpose of sending the requested information and shall not pass it on to third parties.
You may withdraw your consent at any time for the storage of your data, your email address and the usage thereof to send the newsletter, for example by using the unsubscribe link in the newsletter.
We would also like to point out that we send email newsletters via a third-party provider based in an EU member state, which processes personal data in accordance with the GDPR. The third-party provider has a corresponding contractual obligation.
- Recipients of personal data
Third parties commissioned by us to perform technical or organisational services for us and in accordance with our instructions, which we require for the fulfillment of the purposes stated in this data protection declaration or our other business activities, may obtain access to users' personal data. These are in particular Conda, with whom we have an order data processing contract, as well as HBL for the processing of the capital increase, whereby HBLis subject to Swiss banking secrecy. Our service providers are contractually obliged to process personal data exclusively on our behalf and in accordance with our instructions. We also oblige our service providers to comply with technical and organisational measures that ensure the protection of personal data.
- Risk of data transfers and exclusion of liability
Data transmitted via public networks like the Internet or email services may be publicly viewable. Information transferred via the Internet (such as online forms) and content received online may be transmitted via networks operated by third parties. Inyova cannot guarantee the confidentiality of information or documents that are transmitted by means of these public networks or networks operated by third parties.
lf you disclose personal data via a public network or networks operated by third party providers, you should be aware of the fact that your data may be lost. Also third parties might gain access and hence collect and use the data without your consent. While many of the individual data packages are transmitted in an encrypted form, the names of the sender and the recipient are not. Third parties can therefore draw conclusions on accounts and business relationships that exist or are being established. Even if the sender and the recipient are residents of the same country, the transmission of data over these networks frequently - and without monitoring - takes place via third countries, so also via countries that do not offer the same degree of protection as the country in which you are domiciled. We do not accept responsibility for the security of your data during transfer via the Internet and reject all liability for direct and indirect damages. The use of other means of communication is permitted if you consider this to be necessary or reasonable for security reasons.
You are obliged to protect your own systems with suitable security measures. In particular, the operating system and browser must be up to date, the manufacturer's security updates must be installed immediately and appropriate and up to-date virus protection must be used.
Inyova excludes liability for any damage resulting from the use of public and private data transmission networks, unless Inyova has violated the usual business care. Liability for the public and private data transmission networks of all kinds (e.g. interruption of operation, malfunction, viruses, harmful components, etc.), misuse by third parties and loss of programmes or other data in the information systems is also excluded.
- Right of access and erasure, suppression and rectification of personal data
Upon request, Inyova will provide you with information about all personal data stored about you on the investor platform and the purpose of the storage or data processing. Furthermore, you have the right to have this data corrected, blocked, deleted or destroyed. Consent given can be revoked at any time by notifying Inyova, provided you have not registered as an investor. The revocation of any consent only applies to future data processing. Processing that took place before the revocation is not affected. In addition, you can request the transfer of all personal data stored on the platform to you or a third party in a common machine-readable format. For data that is relevant in the context of the capital increase, Inyova has a retention obligation of 10 years.
The exercise of your data protection rights usually requires that you can clearly prove your identity (e.g. by means of a copy of your identity card, if your identity is not otherwise clear or can be verified). You can contact us about your data protection rights and other questions on the subject of personal data as follows:
By e-mail: customers@inyova.ch
lf you incur costs when exercising your rights, we will inform you accordingly in advance.
- Other questions regarding data privacy
For general questions about this Privacy Statement or data protection at Inyova, kindly write to customers@inyova.ch or send us a letter at Yova AG, Limmatstrasse 123, Zurich, Switzerland.
This Privacy Statement enters into force immediately; Inyova reserves the right to amend the Privacy Statement at any time.
This website may include links to other websites that are not operated or monitored by Inyova. These websites are not subject to the terms of this policy, and we are neither responsible for their contents nor for the principles by which they manage personal data. We recommend that you read the policies of the individual websites and that you review how they protect personal data, as well as their trustworthiness.