Last updated: August 2024
Privacy Policy

In this Privacy Policy, we use “VALOUR” and "we", "us", and "our" to refer to VALOUR Inc., VALOUR AG, Valour Digital Securities Limited, or any of their Affiliates.

Your Informed Consent
Consent to Collect and Process Personal Data

This Privacy Policy provides natural persons (“you”, “your”, or “User(s)”) with useful information to give specific, free, and informed consent to the collection and processing of their Personal Data.

Personal Data includes, for example, your name, date of birth, title, gender, contact details, telephone number, email address, postal address, and any other non-public information about you (“Personal Identifiable Information” or “PII”).

By submitting Personal Data through our Website(s) or services, you agree to be bound by the terms of this Privacy Policy and you expressly consent to the collection, processing, use, and disclosure of your Personal Data in accordance with this Privacy Policy.

Personal Data We Collect
Personal Identifiable Information

Generally, you can browse our Website(s) without revealing who you are or disclosing any of your Personal Identifiable Information. However, there may be times when you provide Personal Identifiable Information including:

  • Filling in forms on the Website(s).
  • Reporting a problem with the Website(s).
  • Contacting us in writing by email or other electronic means.

We may also be required by law to collect certain Personal Identifiable Information as a consequence of any contractual relationship we have with you.

Cookies and Other Connection Data

Like most other websites, we may log IP addresses, use data elements called cookies, and other similar technologies to recognize you and customize your experience. Usage Data may include information such as Your Device's IP address, browser type, browser version, the pages of our Service that you visit, and other diagnostic data.

For more details, please refer to our Cookie and connection data Policy.

Purpose and Legal Basis of the Processing
How We Use Your Personal Data

We use the Personal Identifiable Information provided by or collected from the User to:

  • Respond to your contact request regarding our products and services.
  • Perform services between us and the User.
  • Take steps prior to entering into a contract, such as acquiring preliminary information necessary to the processing and conclusion of the contract.
  • Comply with our legal obligations or respond to the requests of authorities.
  • Protect our legitimate interests, for example, to understand how our Website is used so that we can continuously improve it.
Retention of Personal Data
Data Retention Policy

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy or as required by applicable law.

After this period, your Personal Data will be deleted or, in some cases, anonymized.

Your Rights and Choices
Users' Rights

VALOUR fully recognizes the following rights of each User subject to local applicable law:

  • Right to access the User’s Personal Data.
  • Right to rectify the User’s Personal Data.
  • Right to erase the User’s Personal Data.
  • Right to restrict the processing of the User’s Personal Data.
  • Right to portability of the User’s Personal Data.
  • Right to object to the processing of the User’s Personal Data.
  • Right to lodge a complaint with a supervisory authority.
Withdrawal of Consent

You may choose to withdraw from or to stop the processing of your Personal Data at any time. To do so, please send us a written request at the address provided in the Privacy Policy.

Personal Data Processing
How We Process Your Personal Data

To perform the services you ordered from us, your Personal Data will be processed in either a manual or digitized form, then transmitted and inserted into the relevant databases. These databases will be accessible to our employees and external collaborators in charge of data processing, in connection with the tasks assigned to each of them, and in accordance with this Privacy Policy.

We limit access to Personal Health Information to employees and external contractors who reasonably need access to it to provide the products, perform the services, or in order to do their jobs. Employees and external contractors who receive this information have special confidentiality and security obligations to prevent the misuse of your information for other purposes.

Data processing may also be carried out by third parties that provide specific processing, administrative, or instrumental tasks necessary to achieve any of the aforementioned purposes. For example, suppliers, agents, or contractors that provide services on our behalf such as website or data hosting, online content, marketing communication, payment gateway, credit card processing, credit checks handling, or fraud prevention. Any data processing by third parties is subject to the signature of a data processing agreement with us that requires data processors to comply with security, integrity, and confidentiality obligations.

Sharing of Personal Data
How We Share Your Personal Data

We may share Personal Data with any affiliated entity that directly or indirectly controls, is controlled by, or is under common control with our company (the “Affiliates”), as well as any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable commercial efforts to ensure that the entity to which we transfer Personal Data uses it in a manner that is consistent with this Privacy Policy.

We may also share Personal Data with any regulator, supervisory or government authority, law enforcement agency, court, or other third party where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.

To know at any time the companies to which Personal Data may be communicated, simply ask for the updated list in accordance with the Article headed “Contact us” of this Privacy Policy.

We may share Personal Identifiable Information with third parties for our operations, our Website(s), and the provision of our products and services, including:

  • With our agents, contractors, provider partners, technicians, and consultants, insurance companies, website and hosting operators, data processing operators, and other third parties in connection with services that these individuals or entities perform for, or with us. These third parties are restricted from using this information in any way other than to provide services for us, or services for the collaboration in which they are engaged with us.
  • Subject to the User’s specific consent, we may also share Personal Identifiable Information with third parties to promote our or third-party products and services by sending newsletters, periodic informational/promotional mail or email, and advertising material, to contact you by telephone or any other form of electronic communication, such as e-mails, SMS, MMS, social networks. Please see the article headed “Commercial Communications” below for further information about how you can control these purposes.
Anonymous Data
Use of Anonymous Data

For the avoidance of doubt, we may freely use, retain and share with third parties, Anonymous Data, which are not personal by nature, or data that is aggregated or anonymized. “Anonymous Data” means data that is aggregated, anonymized, or that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.

We may use Anonymous Data to analyze requests and usage patterns so that we may enhance the content of our services and improve our Website(s). We reserve the right to use Anonymous Data and other anonymized information, for any purpose and disclose such data to third parties in our sole discretion, including for research purposes. We also may share Anonymous Data and non-Personal Data about Website(s) usage with unaffiliated third parties.

We may use Anonymous Data and test results for research studies and publications. We may also use or disclose such information in accordance with legal requirements for any purpose.

International Transfers
Transfer of Personal Data Outside the EEA

Personal Data may be transferred to, stored, and processed in countries or territories located in the European Economic Area and Switzerland.

In case we have to transfer Personal Data outside the European Economic Area and Switzerland, we shall ensure that such transfer is based on an adequacy decision from the European Commission, or appropriate safeguards, such as assessing and implementing standard data protection clauses adopted by the European Commission or a Supervisory Authority, unless we obtain the User’s explicit and fully informed consent or the transfer is necessary for the conclusion or performance of a contract between us and the User.

Retention of Personal Data
How Long We Keep Your Personal Data

We will keep your Personal Data for only as long as is necessary for our purposes or as required by applicable law, and in particular to protect ourselves in the event of a legal claim (for example, information relating to a contract with you will be kept for the lifetime of the contract and up to ten years after). After this period, your Personal Data will be deleted or in some cases anonymized. Where we sought your consent to process your personal information and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent, we will delete your personal information.

Where Personal Data is used in accordance with the User’s express consent to receive commercial communications or to take part in market research to improve our products or services, the User may withdraw her or his consent at any time in accordance with the Article headed “Commercial Communications” of this Privacy Policy. If you request that we no longer send you commercial communications, we will keep a record of your request and contact details to ensure that your request is respected.

With respect to Cookies, VALOUR may use both 'session cookies' and ‘permanent cookies’, which can remain on Users' computers or mobile devices for different periods of time. The User can enable or delete cookies at any time as explained in our Cookie and connection data Policy.

Advertising
Use of Third-Party Advertisers and Analytics

The Website(s) may use third parties such as network advertisers and ad exchanges to serve you ads on third-party platforms after you leave our Website(s), and we may use third-party pixels, analytics, and other service providers to evaluate and provide us and/or third parties with information about the use of the Website(s) and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which are based on your visits to the Website(s) and other apps and sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services that you might be interested in.

Third-party tracking technologies are not controlled by us, such as Google Analytics and Meta Pixel, even if they are associated with our Website(s) or our ads. Statements regarding our practices do not apply to the methods for collecting information used by these third parties and others or the use of the information that such third parties collect. The relevant third party’s terms of service, privacy policy, permissions, notices, and choices should be reviewed regarding their collection, storage, and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.

You have choices in respect of the delivery of ads. You may opt out of receiving certain types of behavioral ads by visiting the third-party websites described in the Cookie and connection data Policy. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.

Protecting Your Personal Data
Security Measures

We want Users to feel confident about using our Website(s), and we are committed to making all reasonable commercial efforts to protect Personal Data we receive or collect through our Website(s) and services.

We have put in place technical and organizational physical, electronic, and procedural measures to protect Personal Data against unauthorized or unlawful processing and against accidental loss, damage, or destruction.

Please be aware that while we take commercially reasonable steps to safeguard the security of your Personal Data, the transmission of information over the Internet is not completely secure, and therefore you do this at your own risk. Once we receive your Personal Data, we will implement commercially reasonable security procedures with the objective of preventing unauthorized access.

Where the User is asked to choose a login and password in order to access certain parts of our Website(s), the User is responsible for selecting a secure password and keeping that password confidential. The User should not share the login and password with anyone else.

We do not have the means to check the identities of people using the Website(s) and we will not be liable where your password or user name is used by someone else. You are responsible for maintaining the confidentiality of Your password and user name for the Website(s) and you are responsible for all activities that are carried out under them. You agree to notify us immediately at the contact information provided below of any unauthorized use of your password or user name of which you become aware.

We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website(s). We also reserve the right to take any action to prevent the unauthorized use of our intellectual property rights.

We may investigate any complaints or reported breaches of this Privacy Policy and take any action that we deem appropriate (which may include, without limitation, removing any of your information, issuing warnings, suspending, restricting, or terminating your access to this Website(s)). We also reserve the right at our discretion to suspend, restrict, or terminate your access to our Website(s) at any time without notice if we have reasonable grounds to believe that you have breached this Privacy Policy, our Terms of Use, or our Conditions of Sale and Services.

We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. We are not responsible for loss, use, or disclosure of Personal Data that occurs, notwithstanding our compliance with applicable laws.

Users' Rights
Your Rights Regarding Your Personal Data

VALOUR fully recognizes the following rights of each User subject to local applicable law:

  • Right to access the User’s Personal Data;
  • Right to rectify the User’s Personal Data;
  • Right to erase the User’s Personal Data;
  • Right to restrict the processing of the User’s Personal Data;
  • Right to portability of the User’s Personal Data;
  • Right to object to the processing of the User’s Personal Data;
  • Where personal data are processed for direct marketing purposes, the User shall have the right to object at any time to the processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing, in accordance with the Article headed “Commercial Communications” below.
  • Right for the User to lodge a complaint with a supervisory authority.

We encourage you to contact us to update or correct your Personal Data if it changes or if the Personal Data we hold about you is inaccurate.

As we care about the confidentiality of information you provided us, your rights may be asserted by addressing an appropriate written request to our representative in charge of the processing, including proof of your identity, at the address mentioned in the Article headed “Contact Us” of this Privacy Policy. We may require additional information and identification from you in order to process your request.

Withdrawal of Consent

Your use of our products and services is voluntary and based on your informed consent. You may choose to withdraw from or to stop the processing of your Personal Data at any time. Such requests should be sent to us by email at hello@valour.com.

Please note that while any changes you make will be reflected in our databases within a reasonable period of time, we may retain your information in the ordinary course of business, for the satisfaction of our legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

Commercial Communications
How to Withdraw from Commercial Communications

Where the User has given express consent to the processing of Personal Identifiable Information to receive commercial communications or to take part in market research to improve our products or services, the User may withdraw consent at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on consent before we receive your withdrawal.

If you wish to withdraw consent to the processing of Personal Identifiable Information for commercial communications or to take part in market research, please send us a written request at the address specified in the Article headed “Contact us” below. We may use email marketing software as a third-party service to control preferences or manage certain email communications. You may also unsubscribe from e-mail marketing communications sent by us at any time by sending a message to the email address mentioned in the Article headed “Contact us” or by clicking on the ‘unsubscribe’ link in any of our marketing e-mails.

Please note that should you request to unsubscribe; you may continue to receive materials for a short period while we are updating commercial communication lists.

Confidentiality
Confidentiality Commitment

By sending in your sample or clicking your acceptance of this Privacy Policy, you agree that you have read and understand its terms. You agree that VALOUR is not liable for the unauthorized release of your results or information unless such unauthorized release was the result of gross negligence or willful misconduct on the part of VALOUR.

Children's Privacy
Protection of Children’s Privacy

The Website(s) is not intended for use by, or designed to attract, individuals under the age of majority, and are not directed at collecting or processing any Personal Data on any User who is under the age of majority. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian submit Personal Data on your behalf and they will be asked to agree to this Privacy Policy.

Updates to this Privacy Policy
Policy Updates

From time to time, we may update this Privacy Policy. The latest version of this Privacy Policy will always be available on the Website. We will inform the User of any substantial changes to this Privacy Policy on the Website(s) or by contacting you through other channels, such as email. Any new version of this Privacy Policy shall take effect upon the date of information or posting on the Website(s). By continuing to use any of the Website(s), you agree to be bound by the terms of these updates and amendments.

Applicable Law
Governing Law

This Privacy Policy shall be governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws provisions. Any dispute, controversy, or claim arising out of or in relation to the Privacy Policy, including the validity, invalidity, breach, or termination of the Privacy Policy, shall be adjudicated or arbitrated in accordance with the Privacy Policy.

If you have a concern about how we use your Personal Data, as a first step, please contact us using the details set out below and we will do our best to resolve your concern. After investigating your concern, we will respond to you in writing within a reasonable time setting out our proposed remedial action. If you think we have processed your Personal Data in a manner which is unlawful or breaches your rights you also have the right to complain to the data protection authority in your place of residence or work, or the jurisdiction in which the processing took place.

Contact Us
How to Contact Us

If you have any questions or comments about the Privacy Policy, or matters generally, please contact us at the following address: hello@valour.com

You can also use this address if you wish to request access to the Personal Data we hold about you or to unsubscribe from any further e-mail marketing communications.


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