Dieses Dokument ist nur auf Englisch verfügbar. Massgebend ist die englische Fassung.

Skew Labs SA, Via Ferruccio Pelli 13 c/o SiPaFid SA, 6900, Lugano (hereinafter the “Company”, “we”, “us”, “our”) collects Personal Data (as defined below) in compliance with applicable laws and regulations, in particular the Swiss Federal Act on Data Protection 2020, as of 1 September 2023 (“FADP”).

The Company owns the intellectual property rights to its website and its content, namely currently: https://skew.net/ (hereinafter the “Website”).

The Website, its contents, texts, documents, trademarks, logos, names, images, graphics, arrangement and adaptations are protected by the Federal Act on Copyright and Related Rights (Copyright Act, CopA) (Bundesgesetz über das Urheberrecht und verwandte Schutzrechte, URG) of 9 October 1992 and subsequent amendments. Intellectual property may also be protected by other applicable laws.

Within this Website there are also images, documents, logos, names and trademarks of parties who have expressly authorized their publication on the Website. Third party material is also protected by the aforementioned law and is covered by copyright. The use of our Website and its contents is exclusively visual, and no copying, reproduction or storage is permitted. It is forbidden to copy, archive, alter, distribute, publish or use the contents of the Website without the express authorization of the Company.

1. Definitions

Pursuant to the FADP, the terms indicated below have the following meanings:

• “Personal Data” any information relating to an identified or identifiable natural person.
• “Sensitive Personal Data” Personal Data worthy of special protection: (i) data concerning religious, philosophical, political or trade union matters, (ii) data concerning health, intimate sphere or race or ethnicity, (iii) genetic data, (iv) biometric data that uniquely identifies a natural person, (v) data relating to administrative and criminal proceedings and sanctions, (vi) data relating to social assistance measures.
• “Processing” any operation or set of operations, carried out with or without the aid of automated means, which apply to Personal Data, including the collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, dissemination, communication by transmission, dissemination or any other form of disclosure, alignment or interconnection, limitation, erasure or destruction.
• “Data Controller” a private person who or federal body which, alone or jointly with others, determines the purpose and the means of processing Personal Data.
• “Data subject” a natural person whose Personal Data is processed.

2. Type of Personal Data processed, purpose, legal basis and data storage

As part of its service offering, the Company operates a platform (the “Platform”) through which it provides the following services: user account and membership; deposits and withdrawals of fiat currency and crypto-assets; conversions between fiat currency and crypto-assets; lending services; gift cards; and, in the future, debit and credit cards (collectively referred to as the “Services”).

Additionally, the Company uses the Website to describe its Services, collect potential enquiries and connect with users through various social media (e.g., X, LinkedIn, Discord and Telegram).

In the light of the above, the Company may process the following Personal Data:

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Sensitive Personal Data may be used to verify your identity (including biometric data, criminal records etc.) within the meaning of the FADP. The Company processes them in order to comply with its legal obligation to verify the identity of its customers under the applicable Anti-Money Laundering laws and, where required by the FADP, on the basis of your explicit consent, given by ticking the dedicated box at sign-up.

Where your account is closed or the contractual relationship with the Company otherwise ends, the Company retains the relevant Personal Data as required by the applicable Anti-Money Laundering laws. Your identity data are also retained in order to prevent the same person from opening multiple accounts.

Only with respect to commercial communication via email and marketing operation your Personal Data could be stored for more than 10 years. If you do not wish to have your Personal Data used by us to promote or market our services, at any time you can unsubscribe from our marketing newsletter, which is sent through Mailchimp, by using the unsubscribe option contained in the newsletter itself. Transactional and service emails relating to your account do not contain links. You can also opt out at any time by writing to compliance@skew.net.

3. To whom will the collected data be communicated?

We will only disclose your Personal Data if we are obliged to do so to comply with our legal or regulatory obligations, for business, administrative or contractual reasons or because you have instructed us to do so. This also includes disclosure:

• within the Company;
• to third parties who process Personal Data on our behalf (e.g., IT system providers, consultants, professionals and other service providers), as further specified below. In case of Sensitive Personal Data, the Company will ensure that such data are transferred to third party with a proper legal basis in accordance with FADP; and
• to any government, authority, regulatory agency, supervisory or exchange body or court requiring it under applicable law or regulations.

Furthermore, in order to provide the Services, the Company may rely on third-party service providers, to which Personal Data are communicated to the extent necessary for the provision of the following services including:

• identity verification (KYC) and compliance;
• digital-asset wallet infrastructure;
• banking, exchange and payment services;
• electronic signature;
• payments;
• gift cards;
• cybersecurity;
• analytics and address autocompletion;
• hosting data; and
• emails and newsletter.

The user data held in the Company’s own systems and application are stored in data centers located in Zurich, Switzerland. The service providers of the services listed above process the Personal Data communicated in Switzerland or abroad (see Section 5 below).

4. The Website

Our Website may, from time to time, contain links to and from third-party websites, including social media platforms and partners’ websites. We may also operate separate Skew-branded websites or services, including newsletters, community pages and informational resources, which are distinct from the Platform.

If you access any third-party website or separate Skew-branded website or service, please note that it may be subject to its own privacy policy and terms. Please review and acknowledge the relevant policies and terms before submitting any Personal Data.

5. Can the Company transfer data to a third country and/or international organizations?

The data held in the Company’s own systems are stored in Switzerland. However, in order to provide the Services, Personal Data may be transferred abroad to third-party service providers. The transfer of Personal Data abroad occurs only: (i) to countries that are deemed to offer an adequate level of data protection; (ii) to other countries, where appropriate safeguards are in place, such as standard contractual clauses; or (iii) with your explicit consent, given by ticking the dedicated box at sign-up, as provided in the Company’s Terms of Service.

6. Children’s Personal Data

Our Services are not intended for children under the age of 18. We do not intend to, or knowingly, collect or solicit personal information from children under the age of 18. Should a customer or a prospect be under the age of 18, such individual shall not use the Services or the Website, or otherwise provide us with any Personal Data either directly or by other means.

If a minor has provided Personal Data, the Company encourages the child’s parent or the legal representative of such child to contact us and request the deletion of the Personal Data from our systems.

If we learn that any Personal Data we collect has been provided by a child under the age of 18, we will promptly delete that Personal Data.

7. Disclaimer

The Company reserves the right to change or update the information on the Website at any time without notice. The Company is not responsible for internet malfunctions, damage caused by third parties, data imports of any kind and from any source, including but not limited to viruses, worms, Trojan horses nor for links from or other websites on the Internet, or external drives, or any other source. The Company has no control over the content and form of external websites. The Company cannot guarantee the flawless operation of hardware and software. In no event shall the Company be liable to you or any third party for any direct, indirect, special, or consequential damages of any kind whatsoever resulting from the use of the Website or another website linked to it. Any liability for loss of income, business interruption, loss of programs or other data on the computer systems of the user is also excluded. The transmission of communications, documents and other information by email is considered less reliable, secure and confidential than by letter or fax. To help prevent viruses and spam the Company employs modern identification technologies. However, the Company recommends that the user also employ a virus scanner, and we disclaim any liability for any damage resulting from emails or loss thereof. We reserve the right to reject emails with potentially dangerous attachments. If you complete the web-form on the Website we may ask you for further information. For our part, we are committed to protecting the confidentiality of your Personal Data.

8. Automated individual decision making, including profiling

In order to comply with its Anti-Money Laundering and sanctions obligations, the Company screens its users against sanctions and other relevant lists and assigns risk scores to users and transactions. These processes are partly automated, and your onboarding may be refused automatically as a result of such screening. Restrictions of your account are normally decided manually by the Company’s compliance team. However, automated compliance checks may automatically block or freeze funds, in particular where incoming funds originate from blacklisted or sanctioned sources or where you attempt to withdraw funds to a sanctioned or blacklisted wallet address; in such cases, the matter is then reviewed by the Company’s compliance team. In all cases of automated decisions, you can contact the Company (see Section 10 below) and obtain a review of the decision by a natural person, in accordance with article 21 of FADP.

9. How we protect your Personal Data

The security of your Personal Data is important to us and to protect it we use various technical and organizational measures. We are committed to safeguarding and protecting Personal Data by taking appropriate measures against accidental or unlawful destruction, loss, alteration or unauthorized disclosure.

10. Rights of interested parties

Under data protection law, you have a number of rights in relation to your Personal Data. You have the right to request access, rectification or deletion of such information, the right to limit or object to the Processing and, in certain circumstances, the right to data portability.

If your consent is necessary, you can revoke it at any time. If you wish to exercise the above rights, you can send a communication to:

email: compliance@skew.net

We will try to answer such requests within the maximum period of one month provided by the law, although we reserve the right to extend this period for more complex requests. We reserve also the right to charge a reasonable administrative fee for any requests that are manifestly unfounded or excessive and for any additional copies of Personal Data requested.

You may also contact the Swiss Privacy Authority if our response does not satisfy you: https://www.edoeb.admin.ch

tel. +41 58 464 94 10, info@edoeb.admin.ch

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