1. Introduction

1.1. Konsento AG ("Konsento") respects the privacy of its Users. This Privacy Policy explains (i) what information Konsento collects through User's access and use of the Site and through User's access and use of the Services; (ii) how Konsento uses this information; and (iii) the level of security Konsento provides to protect this information.

1.2 By expressly accepting this Privacy Policy, Users agree to the terms of this Privacy Policy and understand that Konsento's policies may change in the future to adapt to future practices, technologies or changes in law. Any terms not defined herein are defined in the terms accessible at https://konsento.ch/terms .

2. Collected Information

2.1. When Users access and use the Services, Konsento collects the following specific personal data and information ("User Information"):

2.1.1 From Issuers

1. Company Name
2. UID
3. Legal form
4. Address
5. Payment information
6. Share or cooperative capital
7. Issued equity securities, nominal and denomination or share certificates
8. Full name of contact person(s)
9. E-mail address of the contact person(s)
10. Telephone number of contact person(s)
11. Know Your Customer (KYC) data and documents, such as commercial register excerpts, proof of address, and copies of identification of the persons authorized to represent the company
12. IP address
13. Date of visit to the website
14. Company Representatives' ("Admin") interaction with the Services, Platform Applications and data collected, processed as well as stored thereon, such as their navigation details on the Website, in particular and without limitation information about the Users' web browser, web pages visited and saved by the Company Representatives, share registers and/or Cooperative registers, registers of beneficial ownership, capital and shareholding, information sent to their investors, contracts, forms, voting documents, motions and results, communications handled through the Platform and any resulting log files; and
15. Data collected by third party plugins/websites, such as Facebook, Google, LinkedIn, Twitter, XING, Mailchimp, Cloudflare, which are provided when Users submit their User information through the Services.

2.1.2. From shareholders and cooperative members

1. Full Name
2. Company name, if applicable
3. E-mail address
4. Address
5. Nationality
6. Birthday
7. Telephone number
8. Payment information
9. Know Your Customer (KYC) data and documents, such as previous investment experience, proof of address, certified copies of identification, trade register excerpts where applicable, etc.
10. IP address
11. Date of visit to the website
12. Investment preferences and interests (if opted in by User)
13. List of companies monitored on the Website and Services (if opted in by User)
14. Users' interaction with the Services and Platform Applications and data collected, processed and stored thereon, such as their navigation details on the Website, in particular and without limitation, information about the Users' web browser, web pages visited and saved by the Users, number and type of equity securities or cooperative share certificates held, signed shareholder and investor agreements, subscription receipts and the like, voting results, communications handled through the Platform and related log files; and
15. Data collected by third party plugins/websites, such as Facebook, Google, LinkedIn, Twitter, XING, Mailchimp, Cloudflare, which are provided when Users submit their User information through the Services.

2.2 Konsento collects User Information particularly when Users access and use the Services:

1. when Users access and navigate through the website
2. through interaction between companies and their shareholders or shareholders with each other in the Services and Platform Applications.
3. When Users voluntarily and willingly submit User Information through web forms, by uploading User Content to the Site or through the Platform Applications, or with their express consent through separate submission
4. When investors submit a request through a startup or entrepreneur of their interest
5. When investors submit a request through a startup or entrepreneur of their interest
6. through plugins / third-party websites; and
7. Through cookies and other analytics tools.

3. Use of the collected information

3.1 The User information listed in sections 2.1.1 and 2.1.2. is absolutely necessary for Konsento's core services, in particular to enable registered issuers and their shareholders or members of the cooperative to manage investor relations and to enable them to match financing requests and offers. Users may withdraw their consent to such specific data processing at any time. However, it should be noted that such data processing is strictly necessary to provide the Services to Users and that withdrawal may result in the disadvantage that Konsento would no longer be able to provide and properly perform the Services. In such a case, Konsento may terminate all or part of the Users' access and/or use of the Services without any liability on the part of Konsento. Furthermore, a withdrawal would result in increasing administrative burden of managing the investor relations of the company in which the User is invested.

3.2 In addition, Konsento collects the User information listed in Section 2.1 for the following specific purposes:

1. To provide Users with email alerts about investment opportunities that match their investment preferences and interests (if opted in by the User)
2. to communicate with Users
3. to provide Users with the services and platform applications
4. to subscribe to the Konsento newsletter to provide Users with news and updates, such as background reports on companies registered on the platform or investment opportunities that match their interests (if opted in by the User)
5. To provide Users with targeted marketing and advertising tailored to their preferences (if opted in by the User)
6. to offer similar services to Users
7. to enable Users to access and use the Services again
8. to improve the Services
9. for the cybersecurity of the Services; and
10. for statistical and planning purposes.

Users may withdraw their consent to the specific data processing listed in this Section 3.2 at any time. In addition, Users have the rights listed in section 12 of this Privacy Policy.

4. Third party websites

The Website may contain links to other websites. The collection and use of User information or other personal information is subject to the privacy policies of the other party or website. Konsento cannot be held responsible for their privacy practices. This Privacy Policy does not apply to the practices of companies or individuals not under the control of Konsento, nor to websites linked from the Site. Users should carefully review the privacy policies of any websites they visit from the Website to learn more about their information and privacy practices.

5. Communication with third parties

Konsento may, in some limited cases, disclose User Information to certain third parties on a strictly necessary basis to achieve the purposes described in this Privacy Policy:

1. the staff of Konsento
2. investors, in relation to entrepreneurs and vice versa
3. Konsento's service providers, such as the companies mentioned in Section 4, in particular for targeted marketing and advertising
4. The competent courts or supervisory or regulatory authorities, if Konsento has a mandatory need to disclose User Information, in accordance with applicable laws, regulations or orders.
5. Konsento's IT system providers, cloud service providers, database providers and consultants
6. Business partners with whom Konsento does business, as necessary to provide the Services jointly with Konsento; and
7. any third party to whom Konsento assigns or transfers any of Konsento's rights or obligations.

The sharing of data as well as the scope and content of the shared data is done on a need-to-know basis with respect to the respective service. Konsento ensures that only the absolute minimum amount of data necessary for the provision of the third party service is shared.

6. International transmission

User information may be transferred to and stored on computers located outside of Switzerland, where data protection laws may not be as protective as those in the User's jurisdiction. In transmitting such User information, each User expressly consents to such transmission.

7. Cookies

7.1. Konsento also uses "cookies" to collect information. A cookie is a small data file that Konsento transfers to an electronic device and stores on the User's electronic device. When Users access and use the Services, such as the Website, the cookie identifies the User's electronic device. Konsento also uses cookies to measure traffic and usage of the Services and their various features, as well as other various uses. The Konsento cookie policy is set forth below.

7.2. If Users do not wish to have cookies placed on their electronic device, they should set their browser or electronic device to reject cookies prior to using the Services, with the drawback that certain features of the Services may not function properly without the aid of cookies.

8. Server log files

As with any connection to a web server, the server of our web hosting provider Metanet in Zurich, Switzerland, logs and stores certain technical data. This data includes the IP address and the operating system of the User’s device, the data, the access time, the type of browser and the browser request including the origin of the request (referrer). This is necessary for technical reasons to provide the User with our website and services. The web hosting provider protects this data from unauthorized access using technical and organizational measures and does not pass it on to third parties. To the extent that we process personal data in the process, we do so based on our interest in providing you with the best possible User experience and ensuring the security and stability of our systems.

9. Newsletter

If the User signed up for our newsletter with their email address, we will store and use this email address to send our newsletter with information and advertising about us, our customers or partners until the User has unsubscribed from our newsletter. For our newsletter service, we use the newsletter service "rapidmail" of rapidmail GmbH, Wentzingerstraße 21, 79106 Freiburg im Breisgau, Germany. . When the User enters their e-mail address to receive the newsletter, it is initially stored by rapidmail for the purpose of sending the User an e-mail in which he/she can confirm the subscription to the newsletter mailing ("double opt-in"). After such confirmation, the email address is stored permanently at rapidmail until they have unsubscribed from receiving the newsletter or it is deleted by us. rapidmail stores the date of registration as well as the IP address under which the registration took place. There is no further use of their IP address. We would like to point out that the data collected and used via MailChimp is stored and processed on computers in Germany. With your consent to receive our newsletter, you agree to this. In addition, we have concluded a data processing contract with rapidmail based on the so-called EU standard contractual clauses. User’s e-mail address will not be passed on to third parties in any other way. The User can unsubscribe from our newsletter at any time. An unsubscribe link is included in every email with our newsletter. The User can also revoke their consent to the use of your e-mail address for the future at any time. To do so, the User can use the contact options below.

10. Changes to the privacy policy

Any future changes or amendments to this Privacy Policy and/or to the processing of User Information as described in this Privacy Policy will be communicated to Users in advance by means of an individual notice through Konsento's usual communication channels (e.g., by email or communication within their account) and through the Website (via banners, pop-ups or other notification mechanisms).

11. Data security

Konsento always strives to ensure the security, integrity and privacy of User information. Konsento has taken and implemented technical and organizational measures to prevent unauthorized access or disclosure of User information.

12. User rights

Users may exercise the following rights under the conditions and within the limits established by the applicable law:

1. the right to access the User Information processed by Konsento and, if the Users consider that the information concerning them is incorrect, outdated or incomplete, to request its correction or updating, or to carry it out themselves in the area provided for this purpose
2. the right to request the deletion of their User information or its restriction to certain categories of processing, insofar as this is not legally inadmissible (e.g. register obligations under company law)
3. the right to object to or unsubscribe from a communication channel used for direct marketing purposes
4. the right (i) to be informed of any decision based on the fully automated processing of their User information, (ii) to express their opinion on such decision, and (iii) to request that it be reviewed by a human being, unless (a) such decision is accepted in direct connection with the conclusion of an agreement between Konsento and their application or (b) they have given their explicit consent to such automated decision-making; and
5. the right to request portability of their User Information, meaning that the User Information they have provided to Konsento is returned to the relevant User or transferred to the person of their choice, in a structured, commonly used and machine-readable format, without hindrance by Konsento and in compliance with their confidentiality obligations.

13. Applicable law and jurisdiction

13.1 This Privacy Policy and all matters arising out of or related to this Privacy Policy shall be governed by Swiss law, excluding any conflict of law provisions that might result in the application of law other than Swiss law.

13.2 Users irrevocably submit to the exclusive jurisdiction of the competent courts in Zurich, Switzerland, for all disputes arising out of or in connection with this Privacy Policy.

14. Questions

If you have any questions about this Privacy Policy or Konsento's policies, please contact Konsento at hello@konsento.ch.