I.

This privacy policy informs you about the processing of personal data. It informs about

• the controller and
• the data protection officer of the controller,
• the categories of personal data we collect about you,
• the sources from which we obtain them,
• the purposes for which we use them,
• the legal basis on which we use them,
• who has access to your personal data,
• how long we store them,
• how we protect them,
• your rights pertaining to your personal data.

 

1. Identity of the controller

Responsible for data processing is NIVALION AG, Turmstrasse 28, CH-6312 Steinhausen / Zug, Schweiz, represented by Thomas Kohlmeier and Marcel Wegmüller, +41 (0) 41 748 43 00, info@nivalion.com.

2. Data Protection Officer

The company data protection officer of NIVALION AG is Philip Wimalasena, Turmstrasse 28, CH-6312 Steinhausen / Zug, Schweiz, +41 (0) 41 748 43 00, info@nivalion.com, regard “data protection”.

3. Categories of personal data

If you contact us in the context of our business activities, request information, make a request for litigation funding or are in a business relationship with us, we process the following personal data, insofar as this is necessary within the scope of the specific purpose (for this purpose under item 5.):

• master data (e.g. first name, surname, title, the company/law firm for which you work),
• communication data (e.g. postal address, e-mail address, telephone number),
• contract master data (for example, contractual relationships, contractual interest),
• information from legal correspondence,
• financial data such as account, contract billing and payment data,
• as well as the customer/business history.

 

4. Source of data

We receive the personal data we process directly from you, from your lawyer or client, from a co-funder and/or from publicly accessible directories. We do not already receive the data when you are using our website.

5. Purposes of data processing

We process the data you provide for various purposes of our business activities. These can be:

• to process your request,
• to carry out pre-contractual measures (e.g. examination of conflicts of interest, examination of the litigation funding request),
• for the execution and settlement of the litigation funding agreement or another agreement,
• to fulfil legal storage obligations (e.g. after termination of the funding agreement) and/or
• for our correspondence and communication with you, including the maintenance and promotion of business contacts, information about the latest news about litigation funding, publications, current events and the acquisition of new customers.

When you contact us, we will inform you of the specific purpose of data processing, unless you already have the information. Should we wish to process your data for a purpose not mentioned above, we will inform you in advance.

6. Legal basis of data processing

We process your personal data based on the European Data Protection Ordinance (EU-GDPR) and all other relevant laws. The specific legal basis in each individual case depends on the purpose for which we process your data. The legal basis of the processing may be the consent of the data subject, the execution of pre-contractual measures, the performance of a contract, the fulfilment of a legal obligation and/or the legitimate interests of NIVALION AG (e.g. direct marketing to the lawyer or the representative of a company).

7. Recipients of personal data

In addition to our staff, access to the data have as necessary: affiliates, subsidiaries and/or holding companies of NIVALION AG, service providers, e.g. in connection with the provision and maintenance of IT systems, external consultants, experts and co-funders, claimants and their lawyers. Where this is necessary to fulfil contractual or legal obligations, personal data may also be transmitted to other recipients (e.g. supervisory authorities).
The transfer of personal data to countries outside Switzerland and outside the European Union only takes place if it is necessary and the country has been confirmed an appropriate level of data protection by the EU Commission or other appropriate data protection guarantees (e.g. the agreement of EU standard contract clauses or Privacy Shield) exist.

8. Storage period

We store your personal data only for as long and only to the extent necessary for the above-mentioned purposes. If there are legal proof and storage obligations, the storage periods are generally at least 10 years. For the establishment, exercise or defence of legal claims, personal data may also be stored for
longer (depending on the periods of limitation). If there is a legitimate interest in connection with direct marketing (as with lawyers and representatives of companies), we process your data until you object to the processing.
If you receive advertising from us and no longer wish to receive it, you can send your objection at any time to info@nivalion.com or to our postal address.

9. How do we protect your data?

We take state-of-the-art technical and organisational measures to help protect your data against unauthorised access, accidental or intentional manipulation, loss and destruction. These include access control regulations, user (rights) management, access control, reliability, data availability and many more.

10. What rights do you have about your personal data?

You have the right to information and notification about the personal data stored about you, as well as to correction, deletion, restriction of processing, data portability and objection to processing.
If we process your data based on a consent given by you, you have the right to withdraw your consent at any time with effect for the future. You also have this right if and to the extent that you have given your consent to data processing that goes beyond what is necessary to handle the funding request and, if applicable, the funding contract. The legality of the processing remains unaffected until withdrawal of consent.
For this you can contact info@nivalion.com or our postal address at any time.
If you receive advertising from us and no longer wish to receive it, you can send your objection at any time to info@nivalion.com or our postal address.
You also have the right to lodge a complaint about the processing of your personal data by NIVALION AG with a competent supervisory authority.
We need to ensure that your information is properly collected and, if necessary, updated. If there are changes or you notice that we use your data incorrectly, please inform us at info@nivalion.com or our postal address. Thank you very much.

II.

Information on the use of our website

We do not use cookies, Google Analytics or other tracking and analysis tools.

III.

Disclaimer of liability

1. Liability for contents

The contents of this site have been created with the utmost care. We assume no liability for the correctness, completeness and topicality. The information on this page serves as general information, does not constitute legal advice and cannot replace the advice of a lawyer in a specific case.

2. Liability for external links

Our website contains links to third-party websites over whose content we have no control. The sole responsible person is the respective provider. At the time of the first linking we could not find any illegal contents on the external pages. However, we cannot rule out subsequent changes to the content of the respective external site. Ongoing monitoring is neither possible nor reasonable for us. If you should find an offence, please inform us under info@nivalion.com or our postal address.

3. Amendment of this data protection declaration

This data protection declaration is regularly checked to ensure that it is up to date and correct. Adjustments and changes may be made. Therefore, please note the current version of the data protection declaration. Thank you very much.