Privacy and Cookies Policy

Version effective as from 5 July 2022

Introduction and Scope

Maclear AG, with its registered office in Wallisellen (hereinafter referred to as Maclear), is responsible for the operation of the platform and the website maclear.ch (hereinafter referred to as the platform). As such, Maclear is the data controller and owner of the data processed in this regard.

Privacy and security are of very high priority for Maclear. Maclear respects the confidentiality of the information investors, borrowers, or other users of the platform.

Maclear undertakes to protect all personal data of users of the platform, in particular of persons who register as investors or as borrowers on the platform, in accordance with the following provisions. Technical and organisational security measures are used to adequately protect personal data against unauthorised access, loss and destruction.

This Privacy and Cookies Policy provides information about which data is collected, as well as how data security is ensured, processed, used and protected in compliance with the Swiss Data Protection Act (DPA) and the EU General Data Protection Regulation (GDPR). The data is processed strictly within the framework of the applicable data protection provisions of Switzerland and the EU.

The provisions do not apply to websites of third-party operators that can be accessed via links provided on the platform or in emails by Maclear. Maclear is not responsible on how these companies comply with data. The user should consult the privacy policies of these third parties.

By using accessing Maclear’s homepage, the user accepts the conditions on how data is processed, used and protected by Maclear according to this Privacy and Cookies Policy. The user has the right not to provide Maclear with personal information, but law requires Maclear to collect certain data about the user. Maclear might not be able to offer the full service to a user that do not provide all information demanded by Maclear.

Privacy by Design and by Default

Maclear takes care to ensure that technical and organisational precautions are in place to ensure compliance with this Privacy and Cookies Policy. Maclear has appointed a data protection officer internally who is responsible for compliance with the Privacy and Cookies Policy and for ensuring that its principles are observed at all times.

These principles are, in particular, the minimisation of data, pseudonymisation wherever possible, data separation according to purpose, extensive access restrictions and an active deletion concept.

Furthermore, Maclear is careful to ensure that the default settings are such that data processing is limited to the minimum necessary, and the standard thus reflects the maximum protection for the user of the platform.

3. Data Processing

Maclear processes personal data of users that users submit when registering or using the platform. In particular, this may include name, address, date of birth, gender, e-mail, telephone numbers, identification documents, etc.

The data is processed strictly within the framework of the applicable data protection regulations. The data will only be used by Maclear to provide the service as intended. By providing data, the user agrees that Maclear collects, saves, uses and transfers data according to this Privacy and Cookies Policy and for the purpose of providing the platform’s main service, contacting the user, providing the newsletter and doing analytics.

3.1 Collecting of Data

In principle, personal data is collected directly from the user, e.g. when he or she transmits or communicates data via the platform, but can also be collected from other sources. For example, data is also collected from public registers; this applies in particular to borrower data, for which debt enforcement registers and credit information agencies are consulted.

The data collected varies depending on whether the user of the platform is registered or not on the one hand, and whether he is registered as an investor or as a borrower on the other.

Websites of the platform can be visited without registration. When calling up websites of the platform, amongst others IP addresses of all users, the websites visited, date and duration as well as the browser software used, the country of origin, the time zone setting can automatically be recorded. Apart from the mentioned data automatically recorded by the web server or by third parties while visiting the websites, no further personal data is collected without registration and this data cannot be assigned to a specific person.

When registering as an investor, personal data according to the registration process is collected. This includes first and last name, nationality, address or domicile, profession, company name, phone number, email-address, bank account details.

When registering as a borrower additional data to the data mentioned above is collected. On the one hand, the data that is requested in the registration process, on the other hand, additional data is collected from external sources, such as from the debt collection register, from creditworthiness information sources, from credit information agencies.

Maclear also uses cookies to collect information in order to ease the usage of the platform and the communication as well as analytics tools (see below).

3.2 Using of Data

This processed data is used for the intended provision of services by Maclear in accordance with the General Terms and Conditions, for the use and administration of users, for the technical administration and further development of the platform, for improving customer care and service provision as well as for marketing.

The user allows Maclear to use the data provided by filling the registry form to reply to any kind of request.

By subscribing to the newsletter, the user allows Maclear to use name and email-address to provide the newsletter to the user. The user can unsubscribe at any time.

3.3 Transferring of Data

Maclear will transfer users' data to third parties in Switzerland and abroad strictly within the scope of Maclear's activities as described above and in the Generel Terms and Conditions. In doing so, Maclear ensures that only the most necessary data is transferred. In particular, data may be disclosed to credit agencies, debt collection agencies, legally authorised authorities, suppliers and other third parties.

The recipients of this data are obliged to comply with data protection regulations. Where necessary, Maclear also concludes agreements that oblige the recipients to have appropriate data security.

Within the framework of the legal requirements of money laundering legislation, Malcear and third parties mandated for this purpose conduct searches to verify the identity and other information relevant to the individual case. Maclear works with Acuant Inc., a company incorporatied in the USA, which performs the identification and other AML duties for Maclear.

The information on projects is made available on the platform. This concerns the titles of the projects, which are also visible to visitors to the platform who are not registered. The description of the project, as provided by the borrower, is made available to all registered users on the platform.

As part of the credit pre-screening process, Maclear will take all necessary steps to evaluate the borrower's credit rating in order to determine the credit line and interest rate. In this process, information is exchanged with credit reference agencies. This also serves fraud prevention and is required to a certain extent by money laundering regulations. The data will be exchanged with these agencies as long as the borrower is a user of the platform. If the loan is not repaid, the information is forwarded to the credit reference agency after an appropriate reminder. The credit reference agency records the information and can pass it on to third parties.

In the case of a report-relevant matter according to Art. 9 AMLA or Art. 305ter para. 2 SCC, the relevant information is sent by Maclear to the designated reporting office in Berne which is the MROS (Swiss FIU).

3.4 Storage and Access of Data

Maclear is internally organised in such a way that access permissions are clearly defined and limited to only the most necessary people. In addition, the access rights are such that the responsible persons can only access the most necessary data. The internal data protection officer verifies continuous compliance with this requirement through regular checks.

Personal data means any information relating to a natural or legal person, entity or association that is or can be identified, even indirectly, by reference to other information, including a personal identification number, in particular names, addresses, e-mail addresses and other personal or factual data that Maclear may collect in individual cases.

Personal data is processed in accordance with all applicable data protection laws, including any amendments. The data is stored on servers within Switzerland, whose data centres fulfil the highest requirements. The storage lasts only for as long as the purpose or legal regulations require.

Maclear processes the user's data for as long as is necessary for the fulfilment of the contractual obligation and compliance with legal obligations or other purposes pursued with the processing. This includes the entire duration of the business relationship, including initiation. The period beyond this is also affected insofar as statutory retention and documentation obligations exist. Personal data may be retained for the period during which claims can be asserted against Maclear or insofar as Maclear is otherwise legally obliged to do so or if legitimate business interests require further retention (e.g. for evidence and documentation purposes). As soon as the user data is no longer required for the aforementioned purposes, it will be deleted or, as far as possible, anonymised.

The data collected by Maclear is subject to the highest possible confidentiality standards and is treated with the greatest possible care. Maclear has taken all reasonable organisational and technical measures to protect the data from unauthorised access, misuse, destruction, manipulation and disclosure.

The data processing is IT-based and computerised. Organisational procedures are followed to protect data security. In some cases, the data may also be accessible to certain responsible persons within Maclear who are involved in the operation of the website (administration, marketing, legal department, system administration). It is also possible that the data may become accessible to commissioned third parties in Switzerland or abroad (e.g. external technical service providers, postal service providers, hosting providers, IT companies, communications agencies). The updated list of these parties can be requested from the person responsible for data security at Maclear at any time.

Consent given may be revoked at any time. However, such a revocation does not affect the processed data.

Cookies and Analytics

4.1 Cookies

Maclear uses cookies for the platform in order to ease the use of the platform and the communication. To ensure that the platform is adapted to the user's settings when accessed at a later date, details are stored in permanent cookies. Cookies allow to design the platform according to the needs of the user. Cookies are also used to recognise the user next time the platform is accessed, to improve the advertising measures and to identify misfunctions of the platform (see cookies used below).

Maclear may cooperate with third parties in order to help collecting such data and for analytics purposes (see analytics below). The third-party suppliers inform about the data collected.

Cookies are small blocks of data created by a web server while a user is browsing a website and placed on the user's computer or other device by the user's web browser. The use of cookies can be deactivated in the browser settings. The user can avoid the collecting of the data with add-ons. Cookies can also be deleted manually. However, this may restrict or even prevent the use of the platform.

Cookies do not contain any information that can directly identify the individual user. An anonymised transmission and the saving of the data are secured. No sensitive data, such as bank details, is stored in cookies. The cookies used by Maclear cannot harm the user’s computer or other device.

By using Maclear’s website and allowing to the receipt of marketing emails including newsletters, the user agree to the use by Maclear of cookies and similar systems. Maclear uses essential, targeting, functionality and performance cookies. Essential cookies allow the basic use of the platform and do not collect information about the user that could be used for marketing or trackability. This makes it possible for the user to remain logged in and thus move around the platform without constantly re-entering their data. These cookies do not collect any information about the user that can be used for marketing purposes.

Targeting cookies do link third party services for instance by social network platform and provide information to advertising agencies. These cookies are linked to third party services such as social media buttons. They are used to enable targeted advertising, providing information to specialised advertising agencies and third parties. The user can control whether such cookies are used. If the user chooses not to have such cookies, some services of Maclear may be disabled.

Functionality cookies are used for a subsequent visit of the user on the platform and allow to remember content and enable personalisation of the content and storage selection (e.g. language). Performance cookies collect anonymous information about the individual use of the platform, to analyse the general use of the platform and allow to detect misfunction on the platform. These cookies do not collect cookies that can be used for identification purposes. Some of these cookies are provided by third parties (see analytics below).

4.2 Analytics

Maclear also collects customer data through the use of data analytics. This is used to create comprehensive customer profiles from this data and enables Maclear to gain insights into customer behaviour in order to provide a more personalised experience and thus improve its products.

Maclear uses Google Analytics, a web analytics service provided by Google, Inc (Google), which uses cookies to help analyse how users use Maclear’s platform. Google will use this information for the purpose of evaluating the use of the platform, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such action is appropriate and necessary to protect the rights, property, and/or safety of Google, its users, or the public, or where such third parties process the information on Google's behalf. Further information about Google's use of data can be found under www.google.de/policies/privacy/partners/.

Social Media Plugins

The Platform can use social plugins of social networks, such as Facebook, operated by Meta, Inc.; twitter, operated by Twitter, Inc.; linkedIn.com; operated by LinkedIn Corporation;. When calling up a website via the Maclear platform that contains plugins, a direct connection is established to the servers of the respective social network. The content of the plugin is transmitted by the respective social network directly to the browser and integrated by the browser into the website, whereby each call of a respective website is forwarded to the social network.

If the user logs into the respective social network, the network can assign the visit to the user account of the respective social network. When interacting with plugins, the browser transmits the corresponding information directly to the respective social network, which stores this information. The user is requested to consult the data protection information of the respective social network in order to find out about the purpose and scope of the data collection and the further processing and use of the data by the respective social network as well as the related rights and options for protecting privacy.

Disclosure and Deletion Rights

In accordance with applicable law, the user has the right to access, rectify and erase the user’s personal data, the right to restrict processing or object to data processing and the right to obtain certain personal data for transfer to another controller (data portability). This is limited by the legal restrictions that Maclear is subject to.

Exercising the right to withdraw consent may conflict with the user's contractual obligations and entail consequences such as premature termination of the contract or costs. Should this be the case, Maclear will inform the user in advance, unless this has already been contractually agreed.

As a data subject, every user has the right to assert his or her rights in court or to lodge a complaint with the competent data protection authority which in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch).

Data Protection Breach Notification

Data protection breaches, such as a cyber-attack successfully launched against the platform, that result in high risk are reported to the Federal Data Protection and Information Commissioner. For this to happen, there must be a breach of data security and the breach must result in a high risk to the personality or fundamental rights of the data subject.

The notification shall be made within 72 hours from the time of knowledge of the breach. It will only be made in the case of breaches that have actually occurred. The type of breach, consequences and measures are reported. If the notification is objectively impossible or disproportionate, it may be dispensed with.

If the Federal Data Protection and Information Commissioner so requests or if this is necessary for the protection of the user, the persons concerned will be informed.

The internal data protection officer shall define the process flows for the notification in the event of a data protection breach and shall decide on the performance as well as the content and scope of such notification.

Amendment of the Data Protection Directive

The internal data protection officer regularly reviews this Privacy and Cookies Policy for compliance and initiates any necessary adjustments without delay. In the case of developments of new technologies and services, the internal data protection officer ensures that data protection is included.

Maclear is entitled to amend this Privacy and Cookies Policy at any time and without giving reasons and to publish the current version on its platform. The user should consult this Privacy Policy regularly. If a user objects to any of the changes, he must cease to use the site. The user can request to remove the personal data.

Disclaimer

This privacy policy applies to all data that Maclear receives in connection with the user’s use of the website/platform. It does not cover the content of third-party websites, even if the user accesses these third-party websites via links on Maclear’s website. Maclear has no control over and cannot accept any responsibility for the content, data preparation and data management of third-party websites. Users are explicitly requested to observe the specific data protection declarations of the respective third-party website.

If personal data is transferred abroad, the personal data in the country of the recipient is not in every case subject to protection equivalent to that in Switzerland. Maclear accepts no liability for the security of electronically transmitted data, users should be aware that the use of the Internet is not completely secure and the security or integrity of personal information transmitted by users over the Internet cannot be guaranteed. Unauthorised third parties may access information exchanged through the above channels and the data may be corrupted or its content altered.