Dated: 01.11.2025
1. Introduction
At Monty Capital SA, we are committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, disclose, and protect your personal data when you use our crowdlending platform, www.capiwell.ch, and related services (the “Platform”). This Policy applies to all users, including Borrowers, Lenders (Investors), and visitors. By using our Platform or providing personal data, you acknowledge you have read, understood, and consent to the practices described in this Privacy Policy.
2. Data Controller
Monty Capital SA is the data controller responsible for your personal data processing.
Lead and customer data are collected and securely stored in a CRM hosted within the European Union and are disclosed only to authorized Monty Capital SA personnel.
Regular backups are maintained in Switzerland, ensuring rapid data recovery in the event of a disaster. The exact location of the data center is confidential but may be disclosed to the Client upon submission of a justified written request.
Contact details:
Monty Capital SA
Rue Du-Roveray 20 1207
Genève
Switzerland
Email: info@capiwell.ch
Phone: +41 22 35 50 076
For any data protection questions, you may contact us at the above.
3. Types of Personal Data We Collect
To provide our services and comply with legal obligations, we collect and process personal data including but not limited to:
- Identification Data: name, gender, date of birth, nationality, government-issued ID or passport numbers
- Contact Details: address, email, phone numbers
- Financial Data: bank account details, income information, repayment history, payroll slips, tax returns, balance sheets (for businesses), creditworthiness data
- Platform Usage Data: login credentials, IP addresses, device information, cookies, and analytics data from third-party tools such as Google Analytics
- Communication Data: emails, messages, and other communications you send or receive via the Platform
- Legal and Compliance Data: KYC (Know Your Customer) documents, verification data, AML (Anti-Money Laundering) checks
- Other Data: insurance data, marketing preferences, and optionally, data related to third parties you provide information about (e.g., spouse, business partners)
4. How We Collect Personal Data
We collect data directly from you when you:
- Register and use our Platform as a Borrower, Lender, or visitor
- Submit loan applications or investment orders
- Communicate with us or respond to surveys
- Use our Platform, including by cookies and tracking technologies that collect behavioral data
We may also collect data from third-party sources, including:
- Credit bureaus and public or private registries (e.g., ZEK, IKO) for credit checks
- Partners and service providers engaged to perform identity verification, credit assessments, or fraud prevention
- Other third parties with your consent or as required by law
5. Purpose of Processing and Legal Basis
We process your personal data to:
- Facilitate loan agreements between Borrowers and Lenders, including assessment of creditworthiness and risk evaluations
- Manage your membership and provide access to the Platform’s services
- Verify your identity and perform regulatory compliance checks pursuant to Swiss AML laws and the Consumer Credit Act
- Communicate important information, notices, and marketing materials (where consented)
- Manage payments, repayments, fees, insurance, and debt collection
- Ensure security and prevent fraud, misuse, or unauthorized access
- Improve the Platform through analytics and statistical research
- Fulfill contractual and legal obligations, including reporting to supervisory authorities
The legal grounds for processing include:
- Performance of contracts and pre-contractual measures
- Compliance with legal obligations
- Legitimate interests pursued by us (for example, Platform security and marketing)
- Your consent, where required
6. Disclosure of Personal Data
We may share your personal data with:
- Credit information offices (e.g., ZEK, IKO) for credit reporting and verification
- Platform partners such as payment processors, insurance companies, and IT service providers
- Regulatory authorities and law enforcement, when required by law or to enforce rights
- Investors, with essential data necessary for the execution and management of loan agreements (limited disclosure, anonymized where possible)
- Third-party service providers operating under confidentiality agreements to assist in service provision
- Marketing partners and analytics providers, with your consent as applicable
7. Data Retention
We retain your personal data only as long as necessary for the purposes described in this Policy and in compliance with applicable laws. Retention periods may vary depending on the nature of data:
- For identification and anti-money laundering purposes, data is retained for at least 10 years after termination of the contractual relationship as required by Swiss law
- For ongoing contractual relationships, data is stored for the duration of the contract plus any statutory limitation periods
- For marketing data, retention lasts until you withdraw consent or opt out
8. Your Rights
You have the following rights under applicable data protection laws:
- Access: Request confirmation and access to your personal data
- Rectification: Correct inaccurate or incomplete data
- Erasure: Request deletion of your data where legally permissible
- Restriction: Limit processing under certain conditions
- Objection: Object to processing based on legitimate interests or marketing
- Data Portability: Receive your data in a commonly used, machine-readable format
- Withdraw Consent: Where processing is based on consent, you may withdraw it at any time
To exercise your rights, please contact us at: [contact email]. We will respond in accordance with legal timeframes.
9. Security Measures
We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. These include encryption, secure servers, access controls, and regular audits.
10. Cookies and Tracking Technologies
Our Platform uses cookies and third-party analytics services such as Google Analytics to improve usability, analyze usage patterns, and deliver personalized content. You can manage cookie preferences through your browser settings and opt out of tracking where applicable.
11. International Data Transfers
Your personal data may be transferred to third parties or partners located in Switzerland or abroad. Where data is transferred outside the European Economic Area or Switzerland to countries without adequate data protection laws, we ensure appropriate safeguards such as standard contractual clauses or rely on applicable legal provisions.
12. Changes to This Privacy Policy
We may update this Policy to reflect changes in legal requirements, our services, or operational practices. Updates will be posted on our Platform with the effective date. We encourage you to review the Policy regularly.
13. Contact and Complaints
If you have concerns about how we process your data, please contact our data protection officer at:
Monty Capital SA
Rue Du-Roveray 20 1207
Genève
Switzerland
Email: info@capiwell.ch
Phone: +41 22 35 50 076
You also have the right to lodge a complaint with the competent data protection supervisory authority.
This Privacy Policy reflects best practices and disclosures modeled after the Monty Capital SA documents, meeting Swiss and international data protection expectations.
