Information on data protection at Helvetia Venture Fund

2023 Edition

Preliminary remarks

Helvetia Venture Fund has produced this information on data protection to inform you, as a representative of start-ups and companies, about the processing of your personal data.

All personal data that Helvetia Venture Fund receives from you will be "processed", i.e. collected or procured, stored, kept, used, transmitted or disclosed, adapted, archived or deleted or destroyed, in accordance with the current data protection legislation.

The term "personal data" refers to data that relates to a specific or identifiable person, i.e. inferences may be drawn as regards their identity on the basis of the data itself or in combination with certain additional data. In the following, the term "personal data" is used synonymously with "data". "Sensitive personal data" is a category of personal data for which data protection law provides for stricter requirements. Sensitive personal data includes, for example, health data, data revealing racial and ethnic origin, information on religious or ideological convictions, biometric data for identification purposes and information on trade union membership.

Helvetia as the data controller

The following company is responsible for data processing in the course of its activities:

  • Helvetia Swiss Insurance Company Ltd, Dufourstrasse 40, 9001 St. Gallen, Switzerland, as the owner of Helvetia Venture Fund SA, SICAR, 1c, rue Gabriel Lippmann, 5365 Munsbach, Luxembourg

Below and in Helvetia's "List of recipients and countries", you will find details of third parties to whom data is transferred and who may be responsible for their processing. If you have any questions or wish to exercise any rights against these third parties, you should contact them directly.

If you have questions about data protection and the rights of data subjects, contact Helvetia Venture Fund, using the subject line "Data Protection". This will allow you to address the data protection advisor or company data protection officer of Helvetia Venture Fund.

Legal basis for the processing of personal data

This information on data protection is geared to the requirements of the Swiss Federal Act on Data Protection (“FADP”), the European Union's General Data Protection Regulation (“GDPR”) and the United Kingdom’s General Data Protection Regulation (“UK GDPR”). Whether and to what extent these laws are applicable depends on the individual case.

Helvetia Venture Fund may process your personal data in accordance with the applicable data protection law.

"Processing" means any handling of personal data regardless of the tools and procedures used, particularly the collection, storage, keeping, use, modification (including pseudonymization and anonymization), disclosure, archiving, deletion or destruction of data.

The processing must not unlawfully infringe the personality rights of data subjects, and any processing may be based on the following legal basis under data protection law:

  • Existing contract
  • Legitimate interests
  • Statute
  • Consent by you or a person authorized by you

Legitimate interests are aimed at achieving the objectives associated with the purposes listed in the following section.

Purposes of data processing

The processing of your personal data is indispensable for Helvetia Venture Fund’s business purpose and for providing services and performing contracts.

Helvetia Venture Fund processes data for the following purposes, in particular:

  • operating the fund (asset management)
  • analysis and evaluation of usage
  • contract management
  • processing of share subscriptions and investment applications
  • ensuring data protection
  • improvement and development of products and services
  • contract management
  • customer management, customer profiling and contact management including outside of contract processing
  • processing contact enquiries
  • compliance with legal and regulatory requirements
  • cooperation with authorities
  • conducting legal proceedings
  • evaluating data and keeping statistics
  • analysing and evaluating Helvetia Venture Fund website usage
  • providing protection for data, secrets, assets, persons, systems and buildings (e.g. video surveillance)

Profiling and automated individual decisions

Profiling refers to any kind of automated processing of personal data to analyse specific personal aspects, such as economic situation, health, interests, reliability, behaviour, or relocation.

Helvetia Venture Fund uses profiling to analyse certain personal aspects (interests and preferences) of data subjects to allow Helvetia Venture Fund to provide personalized offers, but also to identify risks of improper use and security risks. Using data analysis processes enables Helvetia Venture Fund to compile additional statistical information.
If a fully-automated individual decision is made (e.g. after personal data is entered in an application submitted) that is connected with a negative legal consequence or significantly affects the data subject, Helvetia Venture Fund will alert the data subject, who will have the option of contacting Helvetia Venture Fund to request that the decisions in question be reviewed by a natural person. Examples of such decisions are the automated conclusion of a contract subject to conditions or the automated termination of a contract or the automated definition of any exclusions of benefits.

Categories of personal data

The personal data processed by the Lender includes personal data that has been provided by or collected about data subjects or is publicly accessible. Data categories include:

  • Communication data
  • Contract data
  • Master data
  • Banking, financial and asset-related data
  • Registration data
  • Technical data
  • Data regarding behaviour and preferences
  • Security, warranty and compliance data (e.g. excerpts from the debt collection register)
  • Data from applications
  • Data from contracts
  • Data from reference requests
  • Data concerning pledged assets (e.g. real estate, insurance policies, other collateral)
  • Data concerning beneficial owners
  • Other data

This category includes any data derived from the above.

Exchange of personal data with third parties

Helvetia Venture Fund may collect personal data from third parties (e.g. official bodies, authorities, etc.) for optimal handling of business processes in the case of share subscriptions or other contract processing or performance of services. The following data categories may be collected in the process:

  • Communication data
  • Contract data
  • Master data
  • Banking, financial and asset-related data
  • Data regarding behaviour and preferences
  • Claims data
  • Health data
  • Security, warranty and compliance data
  • Other data

Representatives of start-ups and companies hereby acknowledge that Helvetia Venture Fund is not subject to any confidentiality obligations.

In addition to obtaining the relevant information, the processing of the conclusion of the contract or the provision of services may require the transmission of personal data to third parties. However, even after having been disclosed the data remains subject to the provisions of the applicable data protection legislation. In addition, Helvetia Venture Fund requires such third parties to handle the data appropriately, in accordance with the sensitivity of the data and other circumstances.

The data may be passed on to recipients in Switzerland and abroad if the circumstances of the data processing so require. For further details, please see Helvetia Venture Fund's "List of recipients and countries".

Helvetia Venture Fund or the relevant third party will notify you appropriately of the collection of personal data in each case.

Disclosure of personal data to countries outside of Switzerland

our personal data will only be passed on to data processors outside of Switzerland if they are subject to adequate data protection laws. If data is transmitted to a country without adequate data protection, the Lender ensures adequate protection by means of EU standard contractual clauses, of sufficient contractual guarantees or relies on the exception of consent, contract performance or the establishment, exercise and enforcement of legal rights.

The "List of recipients and countries" Annex contains further information regarding recipients of personal data and lists the countries to which Helvetia Venture Fund transmits data.

Storage period

Helvetia Venture Fund processes personal data for as long as necessary to accomplish the above-mentioned purposes. Your data will be deleted as soon as they are no longer required for the above-mentioned purposes. Furthermore, Helvetia Venture Fund will store your data for purposes such as statutory retention obligations.
Moreover, Helvetia Venture Fund will store your data for as long as claims can be brought against Helvetia Venture Fund.

Data provision

The representative of start-ups and companies shall supply the data necessary for performance of the contract. If he or she fails to meet that obligation, it will not be possible for the contract to be concluded or performed.

Data security

When processing personal data, Helvetia Venture Fund shall take appropriate technical and organizational measures to prevent unauthorized access and other unauthorized processing . These are based on the international standards in this area and are reviewed regularly and adjusted when necessary.

Rights of data subjects

The applicable data protection law as amended from time to time grants certain rights to data subjects provided certain conditions are met:

If you wish to exercise the above rights, you may do so by contacting the relevant data controller.

The applicable law grants you the right to obtain, upon request, further information necessary to exercise these rights.

These rights are subject to conditions, exceptions or restrictions (e.g. for the protection of third parties or trade secrets) under the applicable data protection law.

If your rights have been infringed, you have the option of submitting a complaint to the competent data protection authority (in Switzerland to the Federal Data Protection and Information Commissioner (FDPIC) [], in the EU to the relevant national data protection authority).