Privacy Policy

Introduction

This privacy policy (Privacy Policy) applies to all ways, in which Nakamo (c/o Rietsch GmbH) (Nakamo or we or us) processes personal information, including:

- our current and future websites (e.g. nakamo.io and any related sites or subdomains) (collectively, the Website or Websites)

- any related services we provide now or may provide in the future (including potential SaaS offerings) (collectively, the Service or Services)

- our external communication (e.g. newsletters, mails, personal meetings)

The Privacy Policy describes how we process your personal information in connection with those Websites and Services, and how we collect information through the use of cookies and related technologies. It also tells you how you can access and update your personal information and describes the data protection rights that may be available under your country's or state's laws, including but not limited to the EU General Data Protection Regulation (GDPR), the UK Data Protection Act (DPA), the Swiss Federal new Act on Data Protection (nFADP).

By accessing or using any part of the Websites, you acknowledge you have been informed of and consent to our practices with regard to your personal information and data.

1. Information We Collect

We collect information when you provide it to us, when you use our Websites, and when other sources provide it to us, as further described below.

A. Information You Provide Directly

We collect the following information directly from you when using our Websites.

Your Communications with Us: We collect information from you such as full name, email address, phone number, or mailing address when you request information about our Services, register for our newsletter, or otherwise communicate with us. We also collect the contents of messages or attachments that you may send to us, as well as other information you choose to provide, and that may be associated with your communications.

Surveys: We may contact you or provide the option to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include contact information and other information about you.

Conferences, Trade Shows, and Other Events: We may attend conferences, trade shows, and other events where we collect contact information from individuals who interact with or express an interest in the Services.

B. Information Collected Automatically

Automatic Data Collection: We keep track of certain information about you when you visit and interact with our Websites. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (including inferred general location based off of your IP address), Internet service provider, pages that you visit before, during and after using the Website or Services, information about the links you click, information about how you interact with the Website, including the frequency and duration of your activities, and other information about how you use the Website. Information we collect may be associated with accounts and other devices.

Cookies and Analytics Information: We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, local storage, and other technologies (Technologies) to automatically collect information through the Website. Technologies are essentially small data files stored on your devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Website. For more information regarding these Technologies, please see our Cookie Policy.

Analytics: We may also use third-party service providers to collect and process analytics and other information on our Website or Services. These third-party service providers may use Technologies to collect and store analytics and other information. They have their own privacy policies addressing how they use the analytics and other information and we do not have access to, nor control over, third parties' use of cookies or other tracking technologies. For more information regarding third-party cookies, please see our Cookie Policy.

C. Information from Other Sources

We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Website through a third-party application, such as a social networking site, we may collect information about you from that third party that you have made available via your privacy settings.

2. Information We Do Not Collect

Nakamo does not intentionally collect sensitive or special category personal information, such as genetic data, biometric data for the purposes of uniquely identifying a natural person, health information, or religious information.

Nakamo does not knowingly collect information from or direct any of our Website or content specifically to children under the age of 18.

3. How We Use Your Information

We use your information as described in this policy to provide our Websites. For example, we may use your information in the following ways:

- Service Operation: To provide, operate, monitor, maintain and administer our Websites, including troubleshooting, system maintenance and upgrades.

- Product Development and Improvement: To improve functionality, quality, user experience, and develop new features.

- Communication: To send you marketing and administrative messages, such as technical or legal notices, product updates, surveys, security alerts, marketing promotions, newsletters, event reminders, and/or provide other news or information about Nakamo and/or our partners. Please see section "7. Your Privacy Options" to manage your communication preferences.

- Marketing Activities: To develop and improve our Marketing Activities, such as to review and analyze trends, usage, and interactions with our Websites, and to personalize and improve our Marketing Activities. We may also use your information to provide you with content and/or features that match your interests and preferences.

- Security: To detect, investigate, prevent, protect against and respond to potential threats, fraudulent transactions, unauthorized access, and other malicious, deceptive, fraudulent, or illegal activity.

- Legal, Safety, and Compliance: To comply with applicable laws and regulations or a court or legal order, and to review compliance with applicable terms.

- For Any Other Purposes with Your Consent.

- De-identified and Aggregated Information Use: We may use de-identified and/or aggregated information that can no longer be reasonably linked to you or your device from the information we collect. De-identified and/or aggregated information is not subject to this Privacy Policy, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

4. Legal Bases for Processing

Where required by law (e.g., under the EU GDPR, UK DPA, or Swiss nFADP), we process your personal data only if we have a lawful basis to do so. These lawful bases may include:

1. Performance of a Contract
We process your personal data where it is necessary to fulfill the agreement we have with you. For example, to manage your account, provide requested services, or communicate with you about service-related issues.

2. Consent
We may rely on your consent to process personal data for specific purposes. For example, we will seek your consent before sending marketing communications or processing sensitive information (where required). You can withdraw consent at any time by contacting us (see "15. Contact" section) or using any opt-out mechanism provided.

3. Legitimate Interests
In some cases, we process personal data where we or a third party have a legitimate interest that is not overridden by your interests or fundamental rights and freedoms. For instance, we may rely on legitimate interests for activities such as improving our services, preventing fraud, securing our systems, or analyzing usage trends on our Website.

4. Legal Obligation
We process personal data where we have a legal or regulatory obligation to do so, such as complying with tax, accounting, or law enforcement requirements.

5. Vital Interests or Public Task
In rare situations, we may process personal data to protect someone's vital interests or carry out a task in the public interest (e.g., responding to urgent health and safety issues).

Where more than one lawful basis may apply, the predominant basis will depend on the specific context in which we collect or use your personal data. If you have any questions regarding the legal bases on which we process your personal data, please contact us (see "15. Contact" section).

5. Disclosing Your Information

We disclose information as necessary to provide the Website, as required by law, or as part of our business practices as follows. We only disclose information on a need-to-know basis where appropriate safeguards and contractual arrangements are in place and as described below.

- Service Providers: We may disclose information we collect about you to our third-party service providers. The categories of service providers to whom we entrust your information include service providers for: (i) the provision of the Website; (ii) marketing and advertising; and (vii) fraud prevention.

- Corporate Affiliates. We may share or transfer information to any person or entity which directly or indirectly controls, is controlled by or is under common control with Nakamo, whether by ownership or otherwise (Corporate Affiliate). Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this policy.

- Disclosures to Protect Us or Others: We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our, or others' rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.

- Disclosure in the Event of Merger, Sale, or Other Asset Transfer: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of some or all assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

- Any Other Party with Your Consent. We may disclose your information with other third parties with your consent.

6. International Data Transfers

All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, Switzerland, Germany, the United States or other countries, which may have data protection laws that are different from the laws where you live. When we engage in such transfers, we endeavor to safeguard your information consistent with the requirements of applicable laws.

When transferring personal data internationally, including to the United States, we rely on Data Processing Agreements (DPAs) that incorporate Standard Contractual Clauses (SCCs) or other recognized legal mechanisms to ensure an adequate level of protection for the personal data. Many of our service providers offer click-to-accept DPAs, which we have entered into by using their services under their standard terms. These measures require each subprocessor to maintain safeguards equivalent to those required under applicable data protection laws.

We list our current subprocessors and a link to their privacy documentation in our Subprocessors Page. By using our Website and Services or otherwise providing us with your personal data, you acknowledge that your information may be transferred to and stored on servers located outside your jurisdiction of residence, including in the United States. We endeavor to ensure that any transfer of personal data is carried out in compliance with applicable data protection laws and that appropriate contractual, technical, and organizational measures are in place to protect your data.

7. Your Privacy Options

You have certain choices and rights available when it comes to how we collect and use your information. Below is a summary of those choices and rights and how to exercise them:

- Opt-out of Marketing Communications. You may opt-out of receiving marketing communications by clicking the "Unsubscribe" link within each email or by contacting us as provided in chapter "15. Contact".

- Managing Cookies and Other Tracking Technologies. You may stop or restrict the placement of Technologies on your device as described in our Cookie Policy.

8. Your Rights Under Applicable Data Protection Laws

Depending on your place of residence or where applicable data protection law applies (e.g., the EU/EEA, UK, Switzerland), you may have certain rights regarding the personal information we hold about you, including:

- Right to AccessYou can request information about the personal data we hold on you and obtain a copy of it.

- Right to RectificationYou can ask us to correct or update any inaccuracies in your personal data.

- Right to Erasure ("Right to be Forgotten")You can request that we delete your personal data in certain circumstances, for example, if it is no longer necessary for the purposes for which it was collected.

- Right to Restrict ProcessingYou can request that we limit the processing of your personal data in certain cases, such as if you believe the data is inaccurate or no longer needed.

- Right to Data PortabilityYou can request a copy of your personal data in a structured, commonly used, and machine-readable format, and have that data transferred to another controller, where technically feasible.

- Right to ObjectIn certain situations, you can object to the processing of your personal data, including where we process your data based on legitimate interests or for direct marketing purposes.

- Right Not to Be Subject to Automated Decision MakingWhere applicable, you can request not to be subject to a decision based solely on automated processing, including profiling, if that decision produces legal or similarly significant effects.

- Right to Withdraw ConsentIf you have provided consent to any form of processing, you can withdraw that consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise any of the above rights (where available), please contact us at the address listed in "15. Contact". We may request additional information from you to verify your identity and process your request. We aim to address your request without undue delay and, in any event, within 60 days of receiving it, unless otherwise required or permitted by law. If we need more time due to the complexity or number of requests, we will let you know and provide an explanation for the delay. Please note that these rights may be subject to certain conditions and may not always apply in full (for example, where we need to retain data for legal reasons).

9. Data Retention

We store the information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

10. Security of your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using the Website or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Website, or by sending an email to you.

11. Third-Party Websites/Applications

The Website may contain links to other websites/applications and other websites/applications may reference or link to our Website. These third-party services are not controlled by us. We encourage you to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

12. Children's Information

Our Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as possible.

13. Supervisory Authority

If you are located in the European Economic Area, the UK or Switzerland, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your information violates applicable law. For contact details of the related authority, see European Economic Area, UK (Information Commissioner's Office) or Switzerland (Federal Data Protection and Information Commissioner).

14. Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Website after the new Privacy Policy takes effect.

15. Contact

If you have any questions about our privacy practices or this Privacy Policy, please contact us at:

Nakamo
c/o Rietsch GmbH
Widenweg 2
5400 Baden
Switzerland
privacy@nakamo.io

Last Updated: January 1st, 2025