Privacy Policy
The protection of your privacy is very important to us. In this Privacy Policy we inform you in detail about how we handle your data.
We encourage you to fully and carefully read this Privacy Policy. From time to time, it may be necessary to amend this Privacy Policy. This may be necessary, for instance, in case of changes in legislation and regulations or if our activities change in such a manner that the ways how we process personal data are affected.
1 WHO processes personal data
Übermorgen Ventures AG ("Advisor") provides you with this privacy notice on behalf of itself and on behalf of the Investment Company Übermorgen Ventures Investment AG ("Investment Company") managed by the Advisor (Advisor and Investment Company hereinafter jointly referred to as "Übermorgen", "we" or "us").
This privacy notice applies to the data processing activities of Übermorgen. On our website www.uebermorgen.vc and in the context of our activities as investment company and investment advisor, we collect, hold, use and/or otherwise process personal data. In this Privacy Policy we inform you in detail about how we handle your personal data.
Legal Information about us:
Übermorgen Ventures AG
Oberdorfstrasse 8
8001 Zürich
2. HOW we process personal data and WHAT kind of personal data we process
2.1 Website Data
If you visit our website www.uebermorgen.vc or subscribe for our bi-weekly newsletter, this Section 2.1. is relevant for you.
2.1.1 Access Data and Hosting
You can visit our website www.uebermorgen.vc without providing any personal information. Each time you access our website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your IP address, the date and time of the access, the amount of data transferred and the requesting provider (access data) and documents the access. We record this access data to ensure our website operates smoothly and to enhance our online presence. We retain access data for a maximum of seven days after your visit to our website. After this period, it is deleted.
Our website's hosting and display services are partially provided by our service providers as part of our data processing activities. Unless otherwise specified in our Privacy Policy, all access data and data collected via forms on this website are processed on their servers. If you have questions about our service providers and how we work with them, please refer to the contact information in our Privacy Policy.
2.1.2 Data Collection and Use
We collect personal data when you choose to share it voluntarily, such as when you reach out to us through a contact form or email. In some cases, certain fields are mandatory, meaning you must provide this information for us to handle your inquiry effectively; otherwise, you won't be able to submit the contact form. The details we collect are visible in the respective input forms. The data you provide is used solely for processing your inquiries.
2.1.3 Cookies and Further Technologies
In order to make visiting our website attractive and to enable the use of certain functions, we use technologies including so-called cookies on various pages. Cookies are small text files that are automatically stored on your terminal device. Some of the cookies we use are deleted at the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and allow us to recognize your browser on your next visit (persistent cookies).
We use such technologies that are mandatory for the use of certain functions of our website (e.g. preference settings of the website). Through these technologies, IP address, time of visit, device and browser information as well as information about your use of our website (e.g. information about your preferences) are collected and processed. Within the framework of a balancing of interests, this serves overriding legitimate interests in an optimized presentation of our offer.
We also use technology to comply with the legal obligations to which we are subject (e.g. to be able to demonstrate consent to the processing of your personal data) and for web analytics and online marketing. Further information on this, including the respective legal basis for the data processing, can be found in the following sections of this Privacy Policy.
You can find the cookie settings for your browser under the following links: Microsoft Edge™ / Safari™ / Chrome™ / Firefox™ / Opera™. If cookies are not accepted, the functionality of our website may be limited.
2.1.4 Bi-Weekly Newsletter
In addition to the information we collect during your visit to our website, we also provide our users with the option to subscribe to our bi-weekly newsletter. This newsletter is sent via our service provider. The service provider only stores the submitted e-mail address and your use of the bi-weekly newsletter. You can unsubscribe anytime, until your unsubscription data is stored by our service provider in order to allow you to send future newsletter. By subscribing to the newsletter, you agree to our Privacy Policy.
2.1.5 Third Party Plugins and Social Media Links
Third-party content may be used within our website (so-called plugins). We currently use Google Maps. We also may link to social media providers. We currently only link to LinkedIn.
If you are on our website, a connection may be established with the respective social network. This allows the content of the buttons to be transmitted to your browser, which then integrates it into the website. This means that the respective provider always receives the information that you have accessed our website. It is not relevant whether you are a member of a social network or not logged into one. Furthermore, regardless of whether you actually act with the embedded content, information is automatically collected by the social network. The following data may be transmitted in this context: IP address, browser information and operating systems, screen resolution, installed browser plugins (e.g. Adobe Flash Player), origin of visitors (if you have followed a link) and the URL of the current page.
If you are logged into one of the social networks while using our website, the information about your visit to the website may be linked to your membership data and stored. If you are a member of a social network and do not wish this data transfer, you must log out of the social network before visiting our website.
We have no influence on the scope of the data collected by the social networks. Please refer to the data protection declarations of the respective social network for the type, scope and purpose of the data processing, information on the further processing of the data as well as your rights in this regard and setting options for protecting your privacy. You also have the option of blocking connection to social media links in your browser and thus preventing data transmission.
You can find the privacy policy of the used third party plug in provider or social network under the following links: LinkedIn; and Google Maps.
2.2 Contract Data
If you enter into a contractual relationship with us (such as in the function of an investor, employee or in any other capacity), this Section 2.2. is relevant for you.
2.2.1 Data processed
We may process the following personal data of you:
Name
Address
Birthdate
Gender
E-Mail-Address
ID/Passport
Utility Bill
Financial Data
Information on Beneficial Owner of Assets
2.2.2 Purposes for processing
If you have entered in a contractual relationship with us, we only process your personal data for the following purposes:
(a) to (be able to) provide our services to you and/or to comply with our contractual obligations;
(b) to (be able to) administer, execute and/or manage your investment(s) in the Investment Company;
(c) to comply with the legal obligations to which we are subject in relation to tax legislation, anti-abuse and anti-money laundering, KYC obligations, obligations of the Self-Regulatory Organization SRO SVIG and other legal obligations;
(d) to assess whether you are suitable for the position for which you apply and to possibly enter into an employment contract with you, as well as to prevent the reassessment of applicants;
(e) to keep administrative records, for instance of our investors, debtor and creditor administration, and relationship management;
(f) where you act as a representative or agent of our investors, for the purposes of providing our services and/or administering, executing and/or managing investment(s) in the Investment Company;
(g) for communication purposes, such as the processing of and responding to your requests, inquiries and complaints, the maintenance of business relations (if you are employed by our investors, participations, service providers or advisors);
(h) to establish, exercise, or defend our legal position and rights;
(i) for analytics and research purposes, for instance in relation to the prevention of fraud and abuse, but also to improve our services;
(j) for marketing purposes which in our view may be relevant for you, to send newsletters, press releases and to inform you of new investment opportunities if you are an investor in the Investment Company, or based on your consent.
2.2.3 Sharing of Personal Data
We may share your personal data with third parties if this is necessary and legitimate in light of the purposes indicated above. These third parties may include:
(a) our group entities;
(b) funds, fund managers, investment vehicles and other parties in which we participate;
(c) affiliated or external parties that provide services to us;
(d) banks and advisors, such as attorneys, accountants, notaries etc.;
(e) governments, judicial and supervisory authorities, such as the tax authority;
(f) external auditors;
(g) (potential) buyers or merging parties and advisors of those parties, in the context of a proposed merger, acquisition; sale or divestiture of (a part) of our activities; and
(h) our portfolio companies or investment vehicles we are invested in.
3 Transfer outside Switzerland
The personal data is processed in Switzerland, in the EU/EEA and in the USA.
If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with the applicable data protection (for this purpose, 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?] ), insofar as they are not already subject to a legally recognised set of rules to ensure data protection and we cannot rely on an exception. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have consented or if it is a matter of data that you have made generally accessible and you have not objected to its processing.
Please also note that data exchanged via the internet is often routed via third countries. Your data can therefore end up abroad even if the sender and recipient are in the same country.
Some of the third-party service providers mentioned in this privacy policy are based in the USA. For the sake of completeness, we would like to point out for users resident or domiciled in Switzerland that there are surveillance measures in place in the USA by US authorities which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without any differentiation, restriction or exception based on the objective pursued and without any objective criterion that would make it possible to restrict the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the intrusion associated with both access to and use of this data. Furthermore, we would like to point out that in the USA, data subjects from Switzerland do not have any legal remedies that allow them to obtain access to the data concerning them and to obtain their correction or deletion, or that there is no effective judicial legal protection against general access rights of US authorities. We explicitly draw the attention of data subjects to this legal and factual situation so that they can make an appropriately informed decision to consent to the use of their data.
We would like to point out to users who are resident in Switzerland that the USA does not have a sufficient level of data protection from the point of view of Switzerland - among other things due to the issues mentioned in this section. Insofar as we have explained in this Privacy Policy that recipients of data are based in the USA, we will ensure that your data is protected at an appropriate level with our partners through contractual arrangements with these companies.
4 Data Protection
We have taken technical and organizational security measures to protect your personal data as adequately as possible against destruction, loss, alteration and unauthorized access, storage or other processing operations.
Further, we seek to ensure that we keep your personal data accurate and up to date. In that respect, we kindly request that you actively inform us of any changes to your personal data (such as a change in your contact details).
5 Your rights
You can object to data processing at any time. You also have the following rights:
Right of access: You have the right to request access to your personal data stored by us at any time and free of charge if we are processing it. This gives you the opportunity to check what personal data we are processing about you and that we are using it in accordance with applicable data protection regulations.
Right to rectification: You have the right to have inaccurate or incomplete personal data rectified and to be informed of the rectification. In this case, we will inform the recipients of the data concerned of the adjustments made, unless this is impossible or involves disproportionate effort.
Right to erasure: You have the right to have your personal data erased under certain circumstances. In individual cases, the right to erasure may be excluded.
Right to restrict processing: Under certain circumstances, you have the right to have us restrict the processing of your personal data.
Right to object: You have the right to object to data processing, in particular to the processing of personal data.
Right to data transfer: In certain circumstances, you have the right to receive, free of charge, the personal data you have provided to us in a machine-readable format.
Right of withdrawal: In principle, you have the right to withdraw your consent at any time with effect for the future. Processing activities based on your consent in the past do not become unlawful as a result of your revocation.
Right of complaint: You have the right to lodge a complaint with a competent supervisory authority, e.g. against the way your personal data is processed.
6 Retention period
We retain personal data for as long as it is needed for the purpose for which it was collected, or for a period of time that we are obliged to retain it under applicable laws, regulations or contractual agreements, as well as for as long as we have an overriding interest in retaining it. After that, the data will be deleted.
Retention obligations that oblige us to retain data result from accounting regulations and tax regulations. According to these regulations, business communication, concluded contracts and accounting vouchers must be kept for up to 10 years. Likewise, certain data must be retained for up to 10 years after termination of the business relationship in accordance with money laundering legislation.
The legal basis for this data processing is our legitimate interest in the efficient management of user data.
7 Contact Details
If you have any questions, remarks or complaints about how we process your personal data, if you want to exercise your rights or if you have any questions about the contents of this Privacy Notice, please contact us at privacy@uebermorgen.com.
Last update: 1.9.2023