Data Privacy

Version of 31 July 2023With this Privacy Policy, UBUNTU NATION Ltd (“Ubuntu Nation”) shall describe how personal data shall be collected and further processed. This Privacy Policy shall not necessarily be a comprehensive description of Ubuntu Nation’s data processing. It is possible that general terms and conditions or similar documents shall be applicable to specific circumstances.The term “personal data” in this Privacy Policy shall mean any information that identifies or could reasonably be used to identify any person.If you provide Ubuntu Nation with personal data of other persons (such as family members, work colleagues), please make sure the respective persons are aware of this Privacy Policy and only provide Ubuntu Nation with their data if you are allowed to do so and such personal data is correct.This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection («revDPA», effective from September 1st, 2023). However, the application of these laws depends on each individual case.

  1. Controller / Data Protection Officer / Representative
    1. The “controller” of data processing as described in this Privacy Policy (i.e. the responsible person) is UBUNTU NATION AG, Dammstrasse 16, 6300 Zug. You can notify Ubuntu Nation of any data protection related concerns using the following contact details: UBUNTU NATION AG, Dammstrasse 16, CH-6300 Zug, info@ubunation.com.

  2. Collection and Processing of Personal Data
    1. Ubuntu Nation primarily shall process personal data that shall be obtained from its clients and other business partners as well as other individuals in the context of Ubuntu Nation’s business relationships with them or that shall be collected from users when operating websites, apps and other applications.Insofar as it is permitted to Ubuntu Nation, Ubuntu Nation shall obtain certain personal data from publicly accessible sources (e.g. debt registers, land registries, commercial registers, press, internet) or Ubuntu Nation may receive such information from affiliated companies, from authorities or other third parties. Apart from data you provided to Ubuntu Nation directly, the categories of data Ubuntu Nation shall receive about you from third parties include, but are not limited to, information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g. in order to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if Ubuntu Nation shall conduct business activities with you personally), information about you given to Ubuntu Nation by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery-address, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering products and/or services to you or by you (e.g. payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of Ubuntu Nation’s websites (e.g. IP address, MAC address of your smartphone or computers, information regarding your device and settings, cookies, date and time of your visit, sites and content retrieved, applications used, referring website, localization data).

  3. Purpose of Data Processing and Legal Grounds
    1. Ubuntu Nation primarily shall use collected data in order to conclude and process contracts with its clients and business partners, in particular in connection with charity campaigns and the related offering of NFTs to its clients and the procurement of products and services from its suppliers and subcontractors, as well as in order to comply with Ubuntu Nation’s domestic and foreign legal obligations. You may be affected by Ubuntu Nation’s data processing in your capacity as an employee of such a client or business partner.In addition, in line with applicable law and where appropriate, Ubuntu Nation may process your personal data and personal data of third parties for the following purposes, which are in its (or, as the case may be, any third parties’) legitimate interest, such as:providing and developing Ubuntu Nation’s products, services and websites, apps and other platforms, on which Ubuntu Nation shall be active;communication with third parties and processing of their requests (e.g., job applications, media inquiries);review and optimization of procedures regarding needs assessment for the purpose of direct customer approach as well as obtaining personal data from publicly accessible sources for customer acquisition;advertisement and marketing (including organizing events), provided that you have not objected to the use of your data for this purpose (if you are part of our customer base and you receive our advertisement, you may object at any time and Ubuntu Nation will place you on a blacklist against further advertising mailings);market and opinion research, media surveillance;asserting legal claims and defense in legal disputes and official proceedings;prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);ensuring Ubuntu Nation’s operation, including its IT, its websites, apps and other appliances;video surveillance to protect Ubuntu Nation’s domiciliary rights and other measures to ensure the safety of its premises and facilities as well as protection of its employees and other individuals and assets owner by or entrusted to Ubuntu Nation (such as e.g. access controls, visitor logs, network and mail scanners, telephone recordings);acquisition and sale of business divisions, companies or parts of companies and other corporate transactions and the transfer of personal data related thereto as well as measures for business management and compliance with legal and regulatory obligations as well as internal regulations of Ubuntu Nation.If you have given Ubuntu Nation your consent to process your personal data for certain purposes (for example when registering to receive newsletters or carrying out a background check), Ubuntu Nation will process your personal data within the scope of and based on this consent, unless Ubuntu Nation shall have another legal basis, if Ubuntu Nation shall require one. Consent given can be withdrawn at any time, but this does not affect data processed prior to withdrawal.

  4. Cookies / Tracking and Other Techniques Regarding the Use of our Website
    1. Ubuntu Nation typically shall use “cookies” and similar techniques on its websites, which allow for an identification of your browser or device. A cookie is a small text file that is sent to your computer and automatically saved by the web browser on your computer or mobile device, when you visit Ubuntu Nation’s website. If you revisit Ubuntu Nation’s website, Ubuntu Nation may recognize you, even if Ubuntu Nation shall not know your identity. Besides cookies that are only used during a session and deleted after your visit of the website (“Session Cookies”), Ubuntu Nation may use cookies to save user configurations and other information for a certain period (e.g. two years) (“Permanent Cookies”). Notwithstanding the foregoing, you may configure your browser settings in a way that it rejects cookies, only saves them for one session, or deletes them prematurely. Most browsers are preset to accept cookies. Ubuntu Nation may use Permanent Cookies for the purpose of saving user configuration (e.g. language, automated log in, in order to understand how you use Ubuntu Nation’s services and content, and to enable to show you customized offers and advertisement (which may also happen on websites of other companies; should your identity be known to Ubuntu Nation, such companies will not learn your identity from Ubuntu Nation; they will only know that the same user is visiting their website has previously visited a certain website). Certain cookies are sent to you from Ubuntu Nation, others from business partners with which Ubuntu Nation collaborate. If you block cookies, it is possible that certain functions (such as e.g. language settings, shopping basket, ordering processes) are no longer available to you.In accordance with applicable law, Ubuntu Nation may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from Ubuntu Nation’s servers, Ubuntu Nation can determine whether and when you have opened the e-mail, so that Ubuntu Nation can measure and better understand how you use its offers and customize them. You may disable this in your e-mail program, which will usually be a default setting.By using Ubuntu Nation’s websites and consenting to the receipt of newsletters and other marketing e-mails you agree to its use of such techniques. If you object, you must configure your browser or e-mail program accordingly.Ubuntu Nation may use Google Analytics or similar services on its website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics Google Ireland Ltd. (located in Ireland), Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both «Google»), www.google.com) and which allow Ubuntu Nation to measure and evaluate the use of its website (on an anonymized basis). For this purpose, Permanent Cookies are used, which are set by the service provider. Ubuntu Nation has configured the service so that the IP addresses of visitors are truncated by Google in Europe before forwarding them to the United States and then cannot be traced back. We have turned off the «Data sharing» option and the «Signals» option. Although Ubuntu Nation can assume that the information, Ubuntu Nation share with Google is not personal data for Google, it may be possible that Google may be able to draw conclusions about the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its own purposes. If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted in accordance with its data protection regulations. The service provider only provides Ubuntu Nation with data on the use of the respective website (but not any personal information of you).In addition, Ubuntu Nation shall use plug-ins from social networks such as Facebook, Twitter, YouTube, Pinterest or Instagram on its websites. This is visible for you (typically based on the respective symbols). Ubuntu Nation has configured these elements to be disabled by default. If you activate them (by clicking on them), the operators of the respective social networks may record that you are on its website and where on its website you are exactly and may use this information for their own purposes. This processing of your personal data lays in the responsibility of the respective operator and occurs according to its data protection regulations. Ubuntu Nation shall not receive any information about you from the respective operator.Further, Ubuntu Nation shall work together with its data processor MailChimp Inc., USA-Atlanta, to store your personal data. For more information, see https://mailchimp.com/legal/privacy/ [MailChimp’s Privacy Policy].To provide reliable bot detection, Ubuntu Nation shall work together with hCaptcha, a service of Intuition Machines Inc., USA-San Francisco. For more information see https://www.hcaptcha.com/privacy

  5. Datatransfer and Transfer of Data Abroad
    1. In the context of Ubuntu Nation’s business activities and in line with the purposes of the data processing set out in Section 3, Ubuntu Nation may transfer data to third parties, insofar as such a transfer is permitted and Ubuntu Nation shall deem it appropriate, in order for them to process data for Ubuntu Nation or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned: Ubuntu Nation’s service providers (such as e.g. banks, insurances), including processors (such as e.g. IT providers);dealers, suppliers, subcontractors and other business partners;clients;domestic and foreign authorities or courts;the media;the public, including users of Ubuntu Nation’s websites and social media;competitors, industry organizations, associations, organizations and other bodies;acquirers or parties interested in the acquisition of business divisions, companies or other parts of the Ubuntu Nation;other parties in possible or pending legal proceedings;affiliates of Ubuntu Nation;(“Recipients”).Certain Recipients may be within Switzerland but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which Ubuntu Nation is or shall be represented by affiliates, branches or other offices as well as to other countries in Europe and the USA where its service providers are located.If a Recipient is located in a country without adequate statutory data protection, Ubuntu Nation shall require the Recipient to undertake to comply with data protection (for this purpose, Ubuntu Nation shall use the revised European Commission’s standard contractual clauses, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj), unless the Recipient is subject to a legally accepted set of rules to ensure data protection and unless Ubuntu Nation cannot rely on an exception. An exception may apply for example in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.

  6. Retention Periods for your Personal Data
    1. Ubuntu Nation shall process and retain your personal data as long as required for the performance of its contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration in accordance with legal retention and documentation obligations. Personal data may be retained for the period during which claims can be asserted against Ubuntu Nation and its affiliates or insofar as Ubuntu Nation shall otherwise be legally obligated to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or anonymized, to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).

  7. Data Security
    1. Ubuntu Nation has taken appropriate technical and organizational security measures to protect your personal data from unauthorized access and misuse.

  8. Obligation to Provide Personal Data To Ubuntu Nation
    1. In the context of Ubuntu Nation’s business relationship with you, you must provide Ubuntu Nation with any personal data that is necessary for the conclusion and performance of a business relationship and the performance of the mutual contractual obligations (as a rule, there is no statutory requirement to provide Ubuntu Nation with data). Without this information, Ubuntu Nation will usually not be able to enter into or carry out a contract with you (or the entity or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).

  9. Profiling
    1. Ubuntu Nation may partially process your personal data automatically with the aim of evaluating certain personal aspects (profiling). In particular, profiling allows Ubuntu Nation to inform and advise you about products possibly relevant for you more accurately. For this purpose, Ubuntu Nation may use evaluation tools that enable Ubuntu Nation to communicate with you and advertise you as required, including market and opinion research.

  10. Your Rights
    1. In accordance with and as far as provided by applicable law (as is the case where the GDPR is applicable), you have the right to access, rectification and erasure of your personal data, the right to restriction of processing or to object to Ubuntu Nation’s data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and for other legitimate interests in processing in addition to the right to receive certain personal data for transfer to another controller (data portability). Please note, however, that Ubuntu Nation shall reserve the right to enforce statutory restrictions on its part, for example if Ubuntu Nation shall be obligated to retain or process certain data, shall have an overriding interest (insofar as Ubuntu Nation may invoke such interests) or shall need the data for asserting claims. If exercising certain rights will incur costs on you, Ubuntu Nation will notify you thereof in advance. Ubuntu Nation has already informed you of the possibility to withdraw consent in Section 3 above. Please further note that the exercise of these rights may be in conflict with your contractual obligations and this may result in consequences such as premature contract termination or involve costs. If this is the case, Ubuntu Nation will inform you in advance unless it has already been contractually agreed upon.In general, exercising these rights requires that you are able to prove your identity (e.g. by a copy of identification documents or where your identity is not evident verified in another way). In order to assert these rights, please contact Ubuntu Nation at the addresses provided in Section 1 above.In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority of Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

  11. Amendments of this Privacy Policy
    1. Ubuntu Nation may amend this Privacy Policy at any time without prior notice. The current version is published on Ubuntu Nation’s website www.ubunation.com) shall apply. If the Privacy Policy is part of an agreement with you, Ubuntu Nation will notify you by e-mail or other appropriate means in case of an amendment.