Terms of Services

1. Overview

At Yainvest AG (the “Company”, “we”, “us”, “our”), a Swiss company established under the laws of Switzerland, we are committed to protecting the privacy and confidentiality of your personal data. We strictly comply with the applicable data protection laws, including the EU General Data Protection Regulation (“GDPR”), Switzerland’s Federal Data Protection Act (“FADP”) and Ordinance on the Federal Data Protection Act (“OFADP”). This Privacy Policy concerns the data collected, utilized, or shared by the Company when you engage with our websites, our corporate pages on social media, subscribe to updates from the Company, communicate with the Company, enter into a contract with the Company for our services, register for access to various services and tools, or otherwise engage with us. This Privacy Policy outlines the types of personal data we may collect, keep, process, the purposes for which we use it, the legal grounds for processing, data security measures, data sharing practices, data storage and transfers, data retention periods, your rights regarding your personal data and how to get in touch regarding privacy issues, and changes to this Privacy Policy.

2. Contact information

If you have any questions, concerns, or requests related to this Privacy Policy or your personal data, please contact us at:

Yainvest AG

Grabenstrasse 15

6340 Baar

Switzerland

info@yainvest.ch

3. Accepting Collection and Processing of Your Personal Data

By accessing or using our websites, services, or tools, you acknowledge that you have read and understood this Privacy Policy and agree to the collection and processing of your personal data as described herein. Your consent is obtained through browsing through our websites, consenting to cookie use via our cookie consent banner, or providing data for community/registration. The Company may use these data within the limit provided by applicable laws and this Privacy Policy. You agree that the Company may store your personal data in any country of the European Economic Area (“EEA”), the European Union (“EU”), Switzerland, and the United States. If you do not agree with the terms of this Privacy Policy, please refrain from using our website(s), and do use Company’s services.

4. Scope and Nature of Our Collection of Personal Data

The personal data we process is primarily obtained directly from you, such as when you engage with us during our business relationship, visit our websites, fill out forms, or communicate with us via email, telephone, post, or other channels.

Where appropriate and legally permissible, we may also collect personal data about you from third-party sources. These include publicly accessible registers, online platforms, the media, business directories, government authorities, courts, your business partners, or individuals from your personal or professional environment (e.g., legal representatives, family members, or consultants). Such data may also be shared with us by our partners, service providers, financial institutions, insurers, and other contractual parties.

The categories of personal data we may collect and process include, but are not limited to:

• Name and contact details (e.g., email address, phone number, mailing address)
• Identification details (e.g., passport, government-issued ID)
• Professional and role-related data (e.g., job title, employer, position, business contact details)
• Correspondence and meeting notes involving you or third parties about you
• Data for contractual or logistical purposes (e.g., powers of attorney)
• Information from or for compliance processes (e.g., anti-money laundering)
• Payment, transaction, and creditworthiness information (e.g., payment history, card details, debt collection status)
• Information from official or judicial proceedings
• Public information from media outlets or the Internet (e.g., for applications, marketing, or compliance checks)
• Marketing-related data (e.g., socio-demographic information, areas of interest, address data)
• Data regarding your use of our websites and digital services, including:
• IP address, MAC address, device type, operating system, and browser settings
• Usage data (e.g., date and time of visit, pages viewed, features used, referring websites, session duration)
• Location data, where enabled
• Cookies and similar technologies (see our Cookie Policy for more information)

You must not submit or upload third-party personal data without a valid legal basis, or the explicit consent of the individuals concerned. If any individual objects to such processing, you are required to anonymize or remove the relevant data from your account and inform us immediately. You agree to fully indemnify us against any claims, liabilities, or damages resulting from the unlawful transmission or misuse of third-party data.

5. Using our services that require login

Some of our services, features of our website and customer support require registration or login. This includes access to online portals, event registration, and product demos. When you sign up for these services, we collect the necessary information - such as your name, email address, and company affiliation - via secure forms. Mandatory fields are clearly marked; all other data is optional and provided voluntarily.

When accessing our portals, you must use the designated authentication method. You are responsible for protecting your login credentials and using strong passwords. After logging in, you may access various services, including content downloads or viewing multimedia materials. Session-based cookies may be used to support specific functions, such as customizing content.

We process your data for these services based on your consent when logging in, our legitimate interest in delivering services effectively, and, where applicable, to fulfill contractual obligations.

6. Purposes of Processing

We process personal data for a range of legitimate business, legal, and operational purposes. The specific legal basis for processing depends on the context in which the data is collected and the relationship we have with you. This may include the performance of a contract, compliance with legal obligations, consent you have provided, or our legitimate interests in the operation and development of our business.

Contractual and Pre-Contractual Obligations

We process personal data to initiate, manage, and fulfil our contractual obligations. This includes:

• Entering into and managing customer, supplier, and business partner relationships
• Preparing offers, processing orders, and fulfilling service agreements (e.g., software-as-a-service)
• Handling payments, invoicing, and customer support
• Managing our interactions with your organization if you act on behalf of a business partner or customer.

Legal Compliance

We process data where necessary to comply with legal and regulatory obligations in Switzerland and abroad, including:

• Anti-money laundering (“AML”) and fraud prevention measures
• Industry-specific standards and internal compliance policies
• Identity verification to fulfil data protection obligations
• Cooperation with authorities and official proceedings
• Tax, accounting, and reporting duties

Based on Your Consent

Where you have provided us with your consent to process your personal data for specific purposes, we will process your data based on that consent, unless there is an alternative legal basis that applies. This consent will remain valid until withdrawn, and you have the right to withdraw your consent at any time. However, please note that any data processed prior to the withdrawal will remain unaffected.

Legitimate Interests

Where processing is not strictly required by contract or law, we rely on our legitimate interests. These include:

• Maintaining, improving, and securing our websites, applications, IT systems, products, and services
• Conducting internal analytics and service optimization
• Ensuring IT and physical security (e.g., video surveillance, access controls)
• Safeguarding property and protecting individuals and assets entrusted to us
• Sending personalized newsletters and holiday greetings
• Organizing events, promotional campaigns, and customer outreach
• Conducting internal market and opinion research
• Managing media relations and press inquiries
• Gathering publicly available data for business development and lead generation
• If and to the extend legally permitted, direct marketing, unless you object (we honor opt-outs and maintain a suppression list)
• Communicating with customers and users including responding to inquiries and feedback, enabling participation in interactive online features
• Establishing, enforcing, and defending legal claims in courts or with authorities, managing risks associated with business transactions and compliance
• Preventing, detecting, and investigating misconduct or criminal behavior
• Conducting internal investigations and fraud detection
• Performing due diligence and managing mergers, acquisitions, and corporate restructuring, transferring personal data in the context of such transactions, as required

We may further process your data (or that of your representatives or references) as part of recruitment, onboarding, or reference checks. This can include identity verification, correspondence, or performance evaluations when applying for or acting within professional roles.

To maintain data accuracy and support consistent communication, we may combine data from different internal sources or affiliates. This allows us to ensure up-to-date contact details, align customer and partner records across systems and streamline communication and service delivery.

7. Personal Data Storage and Personal Data Security Measures

We retain your personal data for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements as far as permissible under the applicable laws or regulations. As soon as the personal data collected by us is no longer required for these purposes, they will be deleted or anonymized as far as possible.

We restrict access to your personal data to only those employees or third parties who need it to perform their duties. We implement appropriate technical and organizational security measures to protect your personal data against unauthorized access, loss, destruction, or alteration. However, due to the open nature of the Internet, we cannot accept liability for any unauthorized access or loss of personal data beyond our control.

We advise you to take appropriate precautions when transmitting personal data online, such as using secure networks and up-to-date antivirus software. If you have concerns about the security of your data, please contact us directly to discuss alternative methods of communication.

8. Data Sharing and Transfers

In the course of providing our services and in connection with our business activities, in particular to provide you with our services and tools, we may share your personal data with various categories of third parties both domestically and internationally such as:

• Our team members and consultants involved in relevant business operations
• Third-party service providers assisting us in carrying out our business activities (e.g., payment processors, IT support, other suppliers and subcontractors)
• Law enforcement, courts, regulatory authorities, when required by law or to protect our legal rights
• Insurance providers, business partners, counterparties, and other third parties

Such disclosures may occur in Switzerland, EU, EEA, the United States, or other countries for the purposes mentioned above and where appropriate and permissible under the applicable laws. Additionally, we may be obligated to disclose your personal information to comply with legal or regulatory obligations.

We conduct thorough due diligence on third-party contractors and ensure through contractual agreements that subcontractors process personal data appropriately, in compliance with our legal and regulatory obligations. Additionally, we may engage external data controllers, such as lawyers, accountants, or other third-party experts, in particular to provide you with our services and tools.

When transferring data to a country outside the EU, EEA, Switzerland that lacks adequate legal data protection, we take measures to ensure a sufficient level of protection. This includes utilizing standard contractual clauses approved by the European Commission that comply with the GDPR.

9. Cookies

Cookies are small pieces of data placed on your device (computer, tablet, smartphone) when you visit websites. They store information about your session, device, or behavior to support functionality, improve performance, or tailor content and advertising.

Cookies may be:

• First-party cookies, which are placed directly by us
• Third-party cookies, which are placed by service providers we work with (e.g., analytics or advertising partners).

The categories of cookies are generally possible:

• Strictly Necessary Cookies: These are required for core site operations (e.g., page navigation, secure login). They cannot be disabled.
• Performance & Analytics Cookies: These help us analyze traffic, measure performance, and understand visitor behavior so we can improve the website.
• Functional Cookies: These remember user preferences and settings to personalize your experience.
• Marketing & Targeting Cookies: These are used to show you advertisements based on your browsing habits and to measure the effectiveness of our campaigns. These are only activated if you provide explicit consent.

The utilization of Strictly Necessary Cookies aims to enhance website usability. We utilize Strictly Necessary Cookies that are necessary for the proper functioning of our website, based on our legitimate interest in providing you with a more user-friendly and personalized experience while also ensuring optimal efficiency. In certain instances, these cookies are critical for fulfilling contractual obligations or for taking steps prior to entering into a contract. In such cases, accessing and storing information on your device is indispensable. For all other cookies, particularly those used for marketing purposes, we depend on your explicit consent.

When you first visit our websites, a cookie banner allows you to:

• Accept all cookies
• Reject all non-essential cookies
• Customize your preferences by cookie category

You can revisit and adjust your preferences at any time by clicking the “Cookie Settings” link at the bottom of any page. In addition, most browsers allow you to block or delete cookies via browser settings. Please note, disabling some cookies may impact the functionality of our websites.

10. Third-Party Services

We use Google Analytics and Mailchimp on our website to measure and evaluate its usage without identifying individual users. These services are provided by third-party providers, which may be located outside of Switzerland, EU or EEA. For example, Google Analytics is operated by Google LLC (based in the United States), while Google Ireland Ltd. acts as the data controller for users located in the EU and Switzerland.

Information generated by Google Analytics cookies about your use of our website, including your IP address, may be transmitted to and stored on servers operated by Google under its own terms. For more information about how Google processes personal data, please refer to their privacy policy: https://policies.google.com/?hl=en.

We conduct our webinars via Zoom Events, a platform provided by Zoom Video Communications, Inc., based in the United States. When you register for or participate in a webinar, we may collect personal data such as your name, email address, and any information you choose to provide. Zoom processes this data according to its own privacy policy, and processing may occur in the United States or other jurisdictions in which Zoom operates. For further details, please see Zoom’s privacy statement: https://www.zoom.com/en/trust/privacy/privacy-statement/?cms_guid=false&lang=en-US.

Our digital services may also include third-party features such as social media plug-ins, embedded content (e.g., videos or maps), or links to external platforms. These integrations may result in data—such as your IP address, browser details, or interaction history—being transmitted to the respective service providers. These providers may use such data for analytics and advertising purposes and may create usage profiles that are linked to your personal accounts, even if you are not actively logged in. Such processing is carried out under the sole responsibility of the third-party provider. If you wish to object to such profiling, you must contact the respective provider directly.

Our website also includes links to our profiles on platforms such as LinkedIn, Facebook, Instagram, YouTube, and Google Maps. When you visit or interact with these pages (e.g., by liking, commenting, or messaging), data may be processed by both us and the relevant platform operator. While we may receive aggregated statistical insights (e.g., demographics, engagement levels), we do not receive data that personally identifies you. Interacting with embedded content such as YouTube videos or Google Maps may result in data being transmitted to Google LLC and processed on servers located in the United States. These platforms may also set cookies or use other tracking technologies and may associate collected data with your account if you are logged into their service. For more information, please refer to Google’s Privacy Policy: https://policies.google.com/privacy.

For more details, please refer to the privacy policies of the respective providers:

LinkedIn

YouTube / Google

Facebook

Instagram

The mentioned providers may also place cookies on your device. Although we do not share personal data or IP addresses with these providers, they may track your usage across this and other websites that also use their tools. This information may be used by the providers for their own purposes, including advertising. If you have an account with a service provider, your identity may be linked to this tracking data. In such cases, the provider is responsible for processing your personal data in accordance with applicable data protection laws. These providers may inform us about how our website is used, but they do not provide us with identifiable personal data.

Some of these providers are located in the United States and may process personal data there. Data transfers to US-based providers certified under the EU-US or Swiss-US Data Privacy Frameworks are considered to ensure an adequate level of protection. You can verify a provider’s certification on the official Data Privacy Framework website. Where such certification is not available, we rely on appropriate safeguards such as Standard Contractual Clauses. We monitor developments in international data transfer regulations and will adjust our practices as needed to maintain compliance.

11. Automated Data Processing and Profiling; Automated Decision-Making

We employ partial automation in processing your data to assess specific personal attributes, a practice known as profiling. This approach enables us to deliver tailored product information and advisory services that align with your interests. To achieve this, we utilize analytical tools designed to facilitate personalized communication and marketing efforts, as well as to support market and opinion research initiatives.

As a general principle, we do not rely exclusively on automated decision-making processes, as outlined in Article 22 GDPR, for establishing or managing business relationships. Should we engage in such practices in specific instances, we will provide you with separate notification as required by law and inform you of your associated rights.

12. Your Rights Regarding Personal Data

You have specific rights concerning your personal data under applicable data protection laws, including the GDPR and the Swiss FADP. We are committed to respecting and facilitating the exercise of these rights. You have the right to:

• Access your personal data that we process
• Rectify any inaccuracies in your personal data
• Erase your personal data, subject to legal and contractual obligations
• Restrict the processing of your personal data under certain conditions
• Object to the processing of your personal data, particularly for direct marketing purposes
• Data portability, allowing you to receive your personal data in a structured, commonly used, and machine-readable format, and to transmit it to another controller

These rights may be subject to limitations under the applicable law. For example, we may need to retain certain data to comply with legal obligations or to establish, exercise, or defend legal claims.

Where the processing of your personal data is based on your consent, you have the right to withdraw that consent at any time. Please note that the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

In addition, you have the right to submit a complaint with the supervisory authority. Switzerland's competent data protection authority is the Federal Data Protection and Information Commissioner. The competent data protection authorities of the respective  EU countries can be found under https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

You are under no obligation to provide us with your personal data. However, choosing not to share certain data may result in limitations, such as the inability to access specific services, restricted website functionality, or, in some cases, there is a chance that no contractual relationship might be entered. Exercising certain of these rights may affect our ability to perform our obligations under an existing contract. This could also lead to its premature termination.

To exercise any of these rights, please contact us using the contact information provided in the “Contact Information” section of this Privacy Policy. We may be required to verify your identity before processing your request, which could involve requesting additional information or documentation.

13. External links

We reviewed all external links with due care at the time of creating our website and continue to monitor them periodically. If you come across any unlawful content via one of these links, please notify us promptly so that we can take an appropriate action. To the extent permitted by law, we are not liable for the content of any third-party websites linked on our site.

14. Changes to This Privacy Policy

We reserve the right to periodically update and amend this Privacy Policy in response to alterations in our data processing procedures or legal obligations. Any modifications will be made available on our website, and we recommend that you periodically review this Privacy Policy for any changes.

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