This Privacy Notice describes how Nivalion AG (“Nivalion”) collects and processes your personal data, and it explains your rights. Personal data is any information that relates to, describes, identifies or can be used, directly or indirectly, to identify an individual. Processing includes all actions that can be performed on personal data such as collecting, organizing, storing, using, disclosing or otherwise making available, restricting or destroying.
1. Data controller
The data controller is Nivalion AG, Turmstrasse 28, 6312 Steinhausen | Zug, Switzerland. You may contact Nivalion by mail, by telephone (+41 (0) 41 748 43 00) or by email (email@example.com).
2. Data Privacy Officer
The Data Privacy Officer is Dr Philip Wimalasena, General Counsel, Nivalion AG, Turmstrasse 28, 6312 Steinhausen | Zug, Switzerland. You may contact the Data Privacy Officer by mail, by telephone (+41 (0) 41 748 43 00) or by email (firstname.lastname@example.org).The Data Privacy Officer is Dr Philip Wimalasena, General Counsel, Nivalion AG, Turmstrasse 28, 6312 Steinhausen | Zug, Switzerland. You may contact the Data Privacy Officer by mail, by telephone (+41 (0) 41 748 43 00) or by email (email@example.com).
3. Legal basis for data processing
Nivalion processes your personal data on the basis of the Swiss Federal Act on Data Protection, the General Data Protection Regulation and any other applicable data protection laws and regulations. Nivalion may process personal data (i) to perform an agreement or to take necessary pre-contractual steps; (ii) to comply with a legal obligation; (iii) where necessary, to protect your vital interests or those of another natural person; (iv) where necessary, to perform a task carried out in the public interest; (v) where necessary, for the purpose of legitimate interests of Nivalion or a third party; or (vi) based on your consent.
4. Purpose of data processing
Nivalion processes your personal data for a specific purpose and only process the personal data which is relevant to achieve that purpose. In particular, Nivalion processes your personal data to: (i) manage the relationship with you; (ii) communicate with you; (iii) process your requests and/or provide services to you; (iv) carry out pre-contractual assessments; (v) implement and execute agreements with you and perform Nivalion’s obligations under these agreements; (vi) ensure our compliance with applicable legal and regulatory obligations; (vii) take steps to protect the security, accuracy, and confidentiality of data and information held by Nivalion, and secure IT systems, architecture, and networks; and (viii) preserve Nivalion’s legitimate interests (e.g., protecting against, detecting, and preventing fraud, misconduct, money laundering, bribery and corruption, theft of proprietary information, breach of confidence, other financial or business crimes, and other unlawful activity; designing, implementing and continuously improving efficient organizational processes; marketing and offering Nivalion products and services to clients and other stakeholders).
5. Categories of personal data
Nivalion processes basic personal information (e.g., first name, surname, job title, company), contact information (e.g., postal address, email address, telephone number), information related to your request and/or to a (pre-)contractual relationship between Nivalion (including any affiliated entities) and you, financial information (e.g., account, billing and payment data) as well as historical data regarding your relationship with Nivalion.
6. Data sources
Nivalion primarily obtains your personal data directly from you. Some information may be inferred from the information you provide or arise in the context of managing the relationship with you. Additionally, Nivalion may receive personal information about you from third parties such as legal counsel, consultants, advisers or co-funders, or from publicly available sources (e.g., commercial registers).
7. Storage and protection of personal data
Nivalion implements technical and organisational measures to provide an appropriate level of security and confidentiality to your personal data. The purpose of these measures is to protect your personal data against accidental or unlawful destruction or alteration, accidental loss, unauthorized disclosure or access, and against other unlawful forms of processing. While Nivalion takes reasonable care to implement such measures, remember that the internet is inherently unsafe, and Nivalion cannot guarantee the security of your personal data when transmitted via internet or email.
8. Access to personal data
Nivalion will never sell your personal data. In the course of Nivalion’s activities and for the same purposes as those listed in this Privacy Notice, your personal data may be accessed by or transferred to the following categories of recipients to achieve such purposes: (i) Nivalion staff (management, compliance, communications, human resources, IT, client services, internal audit, finance and other functions); (ii) suppliers and service providers (e.g., outsourcing service providers and due diligence providers); (iii) technology systems providers, including cloud and database providers, and related consultants; (iv) any third parties to whom Nivalion assigns rights and obligations; (v) professional advisors and external lawyers; (vi) banks, lenders, and external auditors where lawfully required; (vii) (re-)insurance partners and (viii) other Nivalion entities (in particular Nivalion investment vehicles). Such recipients are obligated to protect the confidentiality and security of your personal data. In limited circumstances, your personal data may be accessed by or transferred to law enforcement, regulatory bodies, or judicial authorities. This will occur only when legally required.
9. Data transfers to other jurisdictions
Your personal data may be processed by Nivalion in a different country than where you are based (e.g., by one of Nivalion’s investment vehicles or foreign service providers). The data protection legislation in such other country may not give you as much protection as the data protection legislation in the country where you are located. Nivalion ensures that any transfer is made in accordance with applicable data privacy law. For transfers to a country deemed by a privacy authority to not offer the same level of protection, Nivalion ensures that the transfers are governed by appropriate safeguards, such as the European Commission Standard Contractual Clauses.
Depending on the circumstances of the individual case, Nivalion may transfer your personal data to any of the jurisdictions in which it is active, and which currently comprise of the EU, Guernsey, the United Kingdom and the United States of America.
10. Deletion of personal data
Nivalion will retain your personal data for as long as necessary to fulfil the purpose for which it was collected, to comply with legal or regulatory requirements, or for the establishment or defence of legal claims. Where it is not possible to remove your personal data from Nivalion’s systems (for example, because your personal data has been stored in backup archives), Nivalion will securely store your personal data and isolate it from any further processing until deletion is possible.
11. Your rights
You have the right to (i) be informed about the collection and use of your personal data; (ii) access personal data about you; (iii) request the correction of personal data that you believe is incorrect, obsolete, or incomplete; (iv) request the deletion of your personal data; (v) restrict the use of your personal data to specific categories of processing; (vi) object, in whole or in part, to the processing of your personal data; and (vii) request that the personal data you provided be returned to you or transferred to the person or entity of your choice in a structured, commonly used and machine-readable format without hindrance. If your personal data is processed based on your consent, you have the right to withdraw your consent at any time (please note that if you withdraw your consent, processing based on your consent that took place before your withdrawal will remain lawful). You may exercise you rights at any time by contacting the Data Privacy Officer (see item 2. above).
You also have the right to lodge a complaint about the processing of your personal data by Nivalion with the Swiss Federal Data Protection and Information Commissioner (Feldeggweg 1, 3003 Berne, Switzerland; +41 (0)58 462 43 95) or any other competent supervisory authority.