Privacy Policy

Last updated: 07/17/2020

The HYGH AG intends to comply with all legal data protection requirements. The use of the HYGH AG website is generally possible without providing any personal data. Personal data is all information that relates to an identified or identifiable natural person, thus you. In case you wish to use our company's special services via our website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will always obtain your approval. The processing of personal data, such as your name, billing address, email and IP address, telephone number or password, will always be put in execution in accordance with the General Data Protection Regulation (Regulation EU 2016/679, called “DSGVO” in Germany) and in compliance with the country-specific data protection regulations applicable to HYGH AG.

This data protection declaration serves the purpose of providing information about the type, scope and function of the personal data we collect, use and process. You will be informed about your rights by this data privacy statement. The HYGH AG, as the responsible party, has implemented technical and organizational measures to ensure the most complete protection as possible for the personal data processed via this website. You are free to transmit personal data to us using other ways, for example by telephone.

Responsible in terms of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

HYGH AG
Dammstrasse 16
6300 Zug, Switzerland
invest@hygh.tech

Your rights

You can exercise the following rights at any time using the contact details of our our security officer (see below):

  • Information about your data stored by us and their processing (Art. 15 DSGVO),
  • Correction of incorrect personal data (Art. 16 DSGVO),
  • Deletion of your data stored by us (Art. 17 DSGVO),
  • Restricted data processing in case we are not yet allowed to delete your data due to legal obligations (Art. 18 DSGVO),
  • Objection to the processing of your data by us (Art. 21 DSGVO) and
  • Data transfer as far you have consented to data processing or have concluded a contract with us (Art. 20 GDPR).

You can contact a supervisory authority at any time with a complaint, e.g. the competent supervisory authority of the federal state / canton of your residence or the responsible authority for us as the responsible body.

A list of the supervisory authorities (for the non-public area) with address can be found for the country Germany at:

https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.


Cookies

Type and Purpose of Processing

We use so-called "cookies". Cookies are text files that are stored on your end device (laptop, tablet, smartphone or similar) when you visit our website.

This provides us certain data such as e.g. IP address, browser used and your operating system. This serves to protect our legitimate interests, which predominate the obligatory balancing of interests  considering our interest in an optimized presentation of our offer in accordance with art. 6  section 1 sentence 1 f DSGVO. 

Cookies cannot be used to start programs or transfer viruses to a computer. Based on the information contained in cookies, we can faciliate the navigation for you and ensure that our websites is displayed correctly.

Under no circumstances the data we collect will be passed on to third parties. Neither will be established a link to your personal data without your permission.

It is generally possible to visit our website without the use of cookies. Internet browsers are regularly adjusted to accept cookies. You can deactivate the use of cookies at any time via the settings of your browser. You may use the help functions of your Internet browser to learn how you can change these settings. Please notice that functions of our website may not work if you deactivate the use of cookies.

Cookies and their storage period

If the use of cookies is permitted by your browser settings or your approval, certain cookies may be used on our websites.

As far as these cookies affect personal data (among other things), we will provide the entire inform in the following sections.

You can delete individual cookies or the entire cookie inventory via your browser settings. You will also receive information and instructions on how to delete these cookies or block their storage in advance. Depending on the provider of your browser, you will find the necessary information under the following links:

The personal data will be deleted or blocked as soon as the purpose of storage is achieved. A storage of personal data can also take place if it is required by law. In this context, you can use the contact details at the end of this data privacy statement to contact us.

Registration on our Website

Type and Purpose of Processing

You have the option of registering yourself and providing personal data (e.g. address, telephone number and email address) on the website of the person responsible for the processing.

In case you are registered, you will have access to content and services only offered to registered users. Registered users also have the option of changing or deleting the collected data at any time as needed. Of course, we will also provide you with information about the personal data we have stored about you at any time.

Legal Basis

The processing of the data entered during the registration based on the user's consent (art. 6 section 1 a DSGVO)
If the registration serves the fulfillment of a contract where the data subject participates as a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is art. 6 section 1 b DSGVO.

Recipients

The recipients of the data may be technical service providers who operate as processors for the running and maintenance of our website.

Storage period

Data will only be processed in this context as long as the corresponding consent is existent. After that, the data will be deleted unless there are legal retention requirements. You can use the contact details at the end of this data privacy statement to contact us. 

Provision mandated or required

The provision of your personal data is voluntary. Without the provision of your personal data, it is not possible to grant you access to our offered content and services.

Provision of chargeable Services

Type and Purpose of Processing

We will ask for additional data to provide services that are liable to pay costs, e.g. payment details to process your order.

Legal Basis
The processing of the data required for the conclusion of the contract is based on art. 6 section 1 b DSGVO.

Recipients
The recipients of the data may be external processors.

Storage period

We store this data in our systems until the correspondent legal retention periods have expired. These are generally 6 or 10 years for reasons of proper bookkeeping and tax law requirements.

 Provision mandated or required

 The provision of your personal data is voluntary. Without the provision of your personal data, it is not possible to grant you access to our offered content and services.


Newsletter

Type and Purpose of Processing

Your data will only be used to send you the subscribed newsletter by email. The information of your name serves the purpose of addressing you personally in the newsletter and, if necessary, identify you in case you intend to exercise your rights as a data subject.

It is sufficient to provide your email address to receive the newsletter. When you register to receive our newsletter, the data you provide will only be used for this purpose. Subscribers can also be informed via email about circumstances that are relevant to the service or registration (e.g. changes of the newsletter offer or technical conditions).

 To guarantee an effective registration we need a valid email address. In order to check that a registration is actually made by the owner of an e-mail address, we use the "double opt-in" procedure. For this purpose, we log the order of the newsletter, the sending of a confirmation email and the reception of the response requested. Further data is not collected. The data will only be used to send the newsletter and will not be passed on to third parties.

The newsletter is sent with the help of "ActiveCampaign", a newsletter distribution platform based in 1 N Dearborn, 5th Floor, Chicago, IL 60601, United States.

The email addresses of our newsletter recipients, as well as their other data described in the context of this information, are stored on ActiveCampaign's servers in the USA. ActiveCampaign uses this information to send and evaluate the newsletter on our behalf. Furthermore, ActiveCampaign can use this data to optimize or improve its own services, e.g. the technical optimization of the dispatch of the newsletter and presentation of the newsletter or it may be used for economic purposes to determine the respective countries the recipients come from. However, ActiveCampaign does not use the data of our newsletter to contact the recipients by themselves or to pass the data on to third parties.

We trust in the reliability and data security of ActiveCampaign. ActiveCampaign is certified under the US-EU data protection agreement "Privacy Shield" and is therefore committed to complying with EU data protection regulations (see: https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG). Furthermore, we have concluded a "data processing agreement" with ActiveCampaign. This is a contract in which ActiveCampaign commits to protect the data of our users, to process them on our behalf in accordance with their data protection regulations and, in particular, not to pass the data on to third parties. You can verify the data protection regulations of ActiveCampaign here: https://www.activecampaign.com/legal/privacy-policy.

Legal Basis

On the basis of your expressly given consent (art. 6 section 1 a DSGVO), we will regularly send you our newsletter or comparable information by email to the email address you provided.

Your consent to the storage of your personal data and the sending of the newsletter can be revoked at any time with future effect. Every newsletter contains a correspondent link. You can also unsubscribe directly from the newsletter from this website at any time or notify us of your revocation using the contact option at the end of this data protection notice 

Recipients

The recipients of the data may be external processors.

Storage period

In this context, the data will only be processed as long as the corresponding consent is existed. Afterwards they will be deleted.

Provision mandated or required

The provision of your personal data is voluntary. Without the provision of your personal data, it is not possible to send you the newsletter.

Use of Google Analytics

Type and Purpose of Processing

This website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 USA (hereinafter: “Google”). Google Analytics uses so-called "cookies", which are text files that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. Due to the activation of IP anonymization on these websites, your IP address will be shortened beforehand by Google fas ist is obligatory for member states of the European Union or other contracting states of the Agreement on the European Economic Area. Only in exceptional cases the full IP address might be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate the use of the website and to compile reports on website activities and provide further information concerning the offered services related to the website and internet. The IP address transmitted by your browser to Google Analytics will not be merged with other Google data.

Data processing serves the purpose of evaluating the use of the website and helps to compile reports on activities on the website. Based on these results, other related services are then to be developed and offered.

Legal Basis

The processing of the data entered during the registration based on the user's consent (art. 6 section 1 a DSGVO).

Recipients 

Google is the recipient of the data. Thus we have concluded the corresponding processing contract with Google.

 Storage period

In this context, the data will only be processed as long as the corresponding consent is existed. Afterwards they will be deleted.

Third Country Transfer

Google processes your data in the USA and has submitted to the EU_US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.

Provision mandated or required

The provision of your personal data is voluntary. If you disable the correspondent access this may affect the technical functioning of the website.

Revocation of Consent

You can prevent the storage of cookies by adjusting your browser software correspondingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookies and the data related to your use of the website (including your IP address) as well as you may  impede the processing of this data by Google by downloading and installing the browser plug-in available under the following link: Browser add-on to deactivate Google Analytics.

In addition, or as an alternative to the browser add-on, you can prevent the tracking by Google Analytics on our website by clicking this link. An opt-out cookie will be installed on your device. This will prevent Google Analytics from collecting data of this website and this browser in the future as long as the cookie remains installed.

Profiling

With the help of the Google Analytics tracking tool, it is possible to evaluate the behavior of visitors of the website and to analyze their interests. For this purpose, a pseudonymous user profile is created 

Use of Script Libraries (Google Web Fonts)

Type and Purpose of Processing

In order to guarantee the compatibility of our website with all different types of browsers, in particular the correct display of its content, we use "Google Web Fonts" from Google LLC (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; hereinafter "Google") on this website to display fonts 

The privacy policy of the library operator, in this case Google, can be found here: https://www.google.com/policies/privacy/

Legal Basis

The data transfer to Google which is related to the use of Google Fonts is based on the user's consent (art. 6 section 1 a DSGVO).

Recipients

The use of script libraries or font libraries automatically triggers a connection to the operator of the library. It is theoretically possible - but currently unclear whether and if so for what purposes - that the operator may collect the correspondent data.

Storage period

Personal data is not stored at all in connection with the use of Google web fonts.

Further information on Google Web Fonts can be found at:

https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/.

Third Country Transfer

Google processes your data in the USA and has submitted to the EU_US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.

 Provision mandated or required

The provision of your personal data is voluntary. However, the correct presentation of the content by standard fonts may not be possible 

Revocation of Consent

The JavaScript programming language is regularly used to display the content. You can therefore prevent the data processing by deactivating the execution of JavaScript in your browser or installing a JavaScript blocker. Please note that this may result in functional restrictions on the website.

 

Google AdWords

Type and Purpose of Processing

Our website uses Google conversion tracking. Google AdWords is operated by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. If you reach our website via an advertisement placed by Google, Google Adwords will set a cookie on your computer. The cookie for conversion tracking is set when a user clicks on an ad placed by Google.

If the user visits certain pages of our website and the cookie has not yet expired, Google and us may notice that the user clicked on the ad and was redirected to this page. Every Google AdWords customer receives a different cookie. Cookies cannot be tracked via the websites of AdWords customers. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who use the conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page connected with a conversion tracking tag. However, we will not receive any information that can be used to personally identify possible users.

Legal Basis

The data transfer to Google which is related to the use of Google AdWords is based on the user's consent (art. 6 section 1 a DSGVO).

Recipients

Every time you visit our website, personal data, including your IP address, is transferred to Google in the USA. This personal data is saved by Google. Google may share this personal data with third parties.

Our company does not receive any information from Google that could be used to identify the data subject.

Storage period

These cookies lose their validity after 30 days and are not used for personal identification.

Third Country Transfer

Google processes your data in the USA and has submitted to the EU_US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework 

Provision mandated or required

The provision of your personal data is voluntary. If you disable the correspondent access this may affect the technical functioning of the website.

Revocation of Consent

If you do not want to participate in the tracking, you may refuse the setting of a correspondent cookie - for example by changing your browser settings and deactivating the automatic setting of cookies in general. Another possibility would be the individual blocking of cookies from the domain "googleleadservices.com".

Please note that you must not delete the opt-out cookies as long as you do not want the recording of measurement data. If you have deleted all your cookies in the browser, you have to activate the respective opt-out cookie again.

Use of Google Remarketing

Type and Purpose of Processing

This website uses the remarketing function of Google Inc. The operating company for the services of Google Remarketing is Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter "Google").

The function is used to present website visitors interest-related advertisements within the Google advertising network. A cookie is saved in the browser of the website visitor, which makes it possible to recognize the visitor when he or she visits websites that belong to the Google advertising network. On these pages, advertisements can be presented to the visitor that relate to content that the visitor has previously accessed on websites that also use Google's remarketing function.

Legal Basis

The data transfer to Google which is related to the use of Google Remarketing is based on the user's consent (art. 6 section 1 a DSGVO).

Recipients

Every time you visit our website, personal data, including your IP address, is transferred to Google in the USA. This personal data is saved by Google. Google may share this personal data with third parties.

Our company does not receive any information from Google that could be used to identify the data subject.

Provision mandated or required

The provision of your personal data is voluntary. If you disable the correspondent access this may affect the technical functioning of the website.

Revocation of Consent

According to Google, Google does not collect any personal data in this process. If you still do not want to admit Google's remarketing function, you may always deactivate it by making the appropriate settings at https://support.google.com/adwordspolicy/answer/143465. Alternatively, you can deactivate the use of cookies for interest-based advertising by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.

Block Gemini

HYGH works with the so-called Security Token Offering Model. Block Gemini Technologies, FZ-LLC, based in Dubai, provides the platform for managing the tokens and takes care of the technical implementation of the security tokens.

As part of the registration at the investor’s dashboard at https://dashboard.hygh.tech/login, user data is transmitted to Block Gemini Technologies, FZ-LLC. The transmission of the data to Block Gemini is based on Art. 6 section 1a DSGVO (consent) and Art. 6 section 1 b DSGVO (processing to fulfill a contract) and may include data such as name, address, account number, bank routing number, possibly credit card number, currency, investment amount and transaction number. Block Gemini records this data exclusively for the purpose of transaction processing for the HYGH Security Token. Block Gemini's data protection information is available at https://www.blockgemini.com/.

The user has the option to withdraw his or her consent to data processing at any time.

Identity Verification

An identity check based on an identification document may be necessary in the course of investments. We are responsible for processing the data when carrying out an identity check together with IDnow GmbH, Auenstr. 100, 80469 Munich, Germany.

You can access the data protection declaration of our cooperation partner IDnow GmbH at https://go.idnow.de/privacy/de.

To realize the identity check, you will be redirected to the external website of the service provider IDnow. At your request, we transmit the information to be verified (your name, your address and your date of birth) and an assigned process number so that we are to relocate the identity check result later.

We only transfer personal data from this identity check to third parties if we are legally obliged to do so.

The legal basis for the processing of your personal data in the context of carrying out the identity check is Article 6 section 1 c or f DSGVO. The identity check serves to fulfill a legal obligation to which we are subject or corresponds to our legitimate interest in complying with legal requirements. 

You can contact any of the responsible parties for further inquiries.

Use of Payment Services 

Bank transfer / SEPA

If you choose the option of paying by bank transfer, we collect and process the following data:

• Your Name,

• your first name,

• the amount of money,

• Your IBAN and, if applicable, your BIC.

We process this data solely for the purpose of processing the payment (art. 6 section 1 a DSGVO).

SSL-Codification

We protect the security of your data during transmission by using the encryption method (SSL) via HTTPS according to the current state of the art.

Changes of our Data Privacy Policy

HYGH reserves the right to change and update this data privacy statement at any time. This may be necessary when it comes to changes of the current legal requirements or it may be due to the implementation of new service offers that also require a correspondent change in the data privacy statement.

Questions to the Data Security Officer

If you have any questions about data protection, please send us an email to datenschutz@hygh.tech or use our above mentioned postal address  with the supplement "The data protection officer"