Privacy notice.

1. Introduction

In the following, we provide information about the collection of personal data when using

• our website xaver.com

• our profiles in social media.

Personal data is any data that can be related to a specific natural person, such as their name or IP address.

1.1. Contact details

The controller within the meaning of Art. 4 para. 7 EU General Data Protection Regulation (GDPR) is Xaver Group GmbH, Pilgrimstraße 6, 50674 Cologne, Germany, email: datenschutz@xaver.com. We are legally represented by Max Bachem, Ole Breulmann.

Our data protection officer is Julian Jantze, Compound Law, email: dpo@compound.law.

1.2. Scope of data processing, processing purposes and legal bases

We detail the scope of data processing, processing purposes and legal bases below. In principle, the following come into consideration as the legal basis for data processing:

• 6 para. 1 s. 1 lit. a GDPR serves as our legal basis for processing operations for which we obtain consent.

• 6 para. 1 s. 1 lit. b GDPR is the legal basis insofar as the processing of personal data is necessary for the performance of a contract, e.g. if a site visitor purchases a product from us or we perform a service for him. This legal basis also applies to processing that is necessary for pre-contractual measures, such as in the case of inquiries about our products or services.

• 6 para. 1 s. 1 lit. c GDPR applies if we fulfil a legal obligation by processing personal data, as may be the case, for example, in tax law.

• 6 para. 1 s. 1 lit. f GDPR serves as the legal basis when we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.

1.3. Data processing outside the EEA

Insofar as we transfer data to service providers or other third parties outside the EEA, the security of the data during the transfer is guaranteed by adequacy decisions of the EU Commission, insofar as they exist (e.g. for Great Britain, Canada and Israel) (Art. 45 para. 3 GDPR).

In the case of data transfer to service providers in the USA, the legal basis for the data transfer is an adequacy decision of the EU Commission if the service provider has also certified itself under the EU US Data Privacy Framework.

In other cases (e.g. if no adequacy decision exists), the legal basis for the data transfer are usually, i.e. unless we indicate otherwise, standard contractual clauses. These are a set of rules adopted by the EU Commission and are part of the contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR, they ensure the security of the data transfer. Many of the providers have given contractual guarantees that go beyond the standard contractual clauses to protect the data. These include, for example, guarantees regarding the encryption of data or regarding an obligation on the part of the third party to notify data subjects if law enforcement agencies wish to access the respective data.

1.4. Storage duration

Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal obligations to retain data conflict with the deletion. If the data are not deleted because they are required for other and legally permissible purposes, their processing is restricted, i.e. the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

1.5. Rights of data subjects

Data subjects have the following rights against us with regard to their personal data:

• Right of access,

• Right to correction or deletion,

• Right to limit processing,

• Right to object to the processing,

• Right to data transferability,

• Right to revoke a given consent at any time.

Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data. Contact details of the data protection supervisory authorities are available at https://www.bfdi.bund.de/EN/Service/Anschriften/Laender/Laender-node.html.

1.6. Obligation to provide data

Within the scope of the business or other relationship, customers, prospective customers or third parties need to provide us with personal data that is necessary for the establishment, execution and termination of a business or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or to provide a service or will no longer be able to perform an existing contract or other relationship.

Mandatory data are marked as such.

1.7. No automatic decision making in individual cases

As a matter of principle, we do not use a fully automated decision-making process in accordance with article 22 GDPR to establish and implement the business or other relationship. Should we use these procedures in individual cases, we will inform of this separately if this is required by law.

1.8. Making contact

When contacting us, e.g. by e-mail or telephone, the data provided to us (e.g. names and e-mail addresses) will be stored by us in order to answer questions. The legal basis for the processing is our legitimate interest (Art. 6 para. 1 s. 1 lit. f GDPR) to answer inquiries directed to us. We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are legal retention obligations.

1.9. Customer surveys

From time to time, we conduct customer surveys to get to know our customers and their wishes better. In doing so, we collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6 para. 1 s. 1 lit f GDPR. We delete the data when the results of the surveys have been evaluated.

2. Newsletter

We reserve the right to inform customers who have already used services from us or purchased goods from time to time by e-mail or other means about our offers, if they have not objected to this. The legal basis for this data processing is Art. 6 para. 1 s. 1 lit. f GDPR. Our legitimate interest is to conduct direct advertising (recital 47 GDPR). Customers can object to the use of their e-mail address for advertising purposes at any time without incurring additional costs, for example via the link at the end of each e-mail or by sending an e-mail to our above-mentioned e-mail address.

Interested parties have the option to subscribe to a free newsletter. We process the data provided during registration exclusively for sending the newsletter. Subscription takes place by selecting the corresponding field on our website, by ticking the corresponding field in a paper document or by another clear action, whereby interested parties declare their consent to the processing of their data, so that the legal basis is Art. 6 para. p. 1 lit. a GDPR. Consent can be revoked at any time, e.g. by clicking the corresponding link in the newsletter or notifying our e-mail address given above. The processing of the data until revocation remains lawful even in the event of revocation.

Based on the consent of the recipients (Art. 6 para. 1 s. 1 lit. a GDPR), we also measure the opening and click-through rate of our newsletters to understand what is relevant for our audience.

3. Data processing on our website

3.1. Notice for website visitors from Germany

Our website stores information in the terminal equipment of website visitors (e.g. cookies) or accesses information that is already stored in the terminal equipment (e.g. IP addresses). What information this is in detail can be found in the following sections.

This storage and access is based on the following provisions:

• Insofar as this storage or access is absolutely necessary for us to provide the service of our website expressly requested by website visitors (e.g., to carry out a chatbot used by the website visitor or to ensure the IT security of our website), it is carried out on the basis of Section 25 para. 2 no. 2 of the German Telecommunications Digital Services Data Protection Act (Telekommunikation-Digitale-Dienste-Datenschutzgesetz, "TDDDG").

• Otherwise, this storage or access takes place on the basis of the website visitor's consent (Section 25 para. 1 TDDDG).

The subsequent data processing is carried out in accordance with the following sections and on the basis of the provisions of the GDPR.

3.2. Informative use of our website

During the informative use of the website, i.e. when site visitors do not separately transmit information to us, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.

These data are:

• IP address

• Date and time of the request

• Time zone difference to Greenwich Mean Time (GMT)

• Content of the request (specific page)

• Access status/HTTP status code

• Amount of data transferred in each case

• Website from which the request comes

• Browser

• Operating system and its interface

• Language and version of the browser software.

This data is also stored in log files. They are deleted when their storage is no longer necessary, at the latest after 14 days.

3.3. Web hosting and provision of the website

Our website is hosted on Vercel; we host backend and platform services on Amazon AWS. The provider of Vercel is Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723, USA. Vercel delivers the website through its edge network and in doing so processes the server logs generated when the website is accessed (see section 3.2). Processing takes place in the EU (EU region). Further information can be found in the provider's privacy policy at https://vercel.com/legal/privacy-policy. The provider of Amazon AWS is Amazon Web Services EMEA Sàrl, Avenue John F. Kennedy 38, 1855 Luxembourg. In doing so, the provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data, in the EU. Further information can be found in the provider's privacy policy at https://aws.amazon.com/privacy/.

It is our legitimate interest to provide a website, so the legal basis of the described data processing is Art. 6 para. 1 s. 1 lit. f GDPR.

3.4. Contact form

When you contact us via the contact form on our website, we process the data requested there (name, e-mail address, topic and, if provided, customer or contract number) and the content of the message in order to answer your enquiry. The website does not store these details; they are sent by e-mail via Google Workspace (see section 3.8.3) to our support team and handled there in the support system Plain (see section 3.8.7). If your enquiry concerns services of Xaver Asset Management GmbH, we pass it on to that company.

The legal basis for the processing is our legitimate interest in answering enquiries addressed to us (Art. 6 para. 1 s. 1 lit. f GDPR); where your enquiry concerns a contract or steps prior to entering into one, Art. 6 para. 1 s. 1 lit. b GDPR.

We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are legal retention obligations.

3.5. Vacant positions

We publish vacant positions on our website, on pages linked to the website or on third-party websites.

The processing of the data provided as part of the application is carried out for the purpose of implementing the application process. Insofar as this is necessary for our decision to establish an employment relationship, the legal basis is Art. 88 para. GDPR in conjunction with Sec. 26 para. 1 of the German Data Protection Act (Bundesdatenschutzgesetz). We have marked the data required to carry out the application process accordingly or refer to them. If applicants do not provide this data, we cannot process the application.

Further data is voluntary and not required for an application. If applicants provide further information, the basis is their consent (Art. 6 para. 1 s. 1 lit. a GDPR).

We ask applicants to refrain from providing information on political opinions, religious beliefs and similarly sensitive data in their CV and cover letter. They are not required for an application. If applicants nevertheless provide such information, we cannot prevent their processing as part of the processing of the resume or cover letter. Their processing is then also based on the consent of the applicants (Art. 9 para. 2 lit. a GDPR).

Finally, we process the applicants' data for further application procedures if they have given us their consent to do so. In this case, the legal basis is Art. 6 para. 1 s. 1 lit. a GDPR.

We pass on the applicants' data to the responsible employees in the HR department, to our data processors in the area of recruiting and to the employees otherwise involved in the application process.

If we enter into an employment relationship with the applicant following the application process, we delete the data only after the employment relationship has ended. Otherwise, we delete the data no later than six months after rejecting an applicant.

If applicants have given us their consent to use their data for further application procedures as well, we will not delete their data until one year after receiving the application.

3.6. Booking of appointments

Site visitors can book appointments with us on our website. For this purpose, we process meta data or communication data in addition to the data entered. We have a legitimate interest in offering interested parties a user-friendly option for making appointments. Therefore, the legal basis for data processing is Art. 6 para. 1 s. 1 lit. f GDPR. Insofar as we use a third-party tool for the agreement, the information on this can be found under "Third parties".

3.7. Technically necessary cookies

Our website sets cookies. Cookies are small text files that are stored in the web browser on the end device of a site visitor. Cookies help to make the offer more user-friendly, effective and secure. Insofar as these cookies are necessary for the operation of our website or its functions (hereinafter "Technically Necessary Cookies"), the legal basis for the associated data processing is Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate interest in providing customers and other site visitors with a functional website.

Specifically, we set technically necessary cookies for the following purpose or purposes:

• Cookies that store language settings

• Cookies that remember search terms

3.7.1. Overview of stored entries

This website stores the following entries in the browser (cookie or local storage). They serve to operate the website. We do not use marketing cookies; statistics (section 3.8.6) work without cookies and only with your consent.

• xv-lang (local storage): remembers the selected language.
• xv-announce-dismissed (local storage): remembers that the announcement bar at the top was closed.
• xv-motion (local storage): remembers the setting for animated content.
• xv-consent (local storage): remembers your choice in the cookie notice, that is your decisions on the AI assistant and on statistics. You can change it at any time via "Cookie settings" in the footer.
• xaver_admin (cookie, internal area /admin only): session cookie for signing in to the internal area; it is only set after signing in there.

3.8. Third parties

3.8.1. ElevenLabs

Our voice assistant uses the ElevenLabs service (www.elevenlabs.io). The service is loaded only after the visitor has agreed to the purpose "AI assistant" in the cookie notice or has pressed the start button of the voice assistant. The audio input is then processed by ElevenLabs in order to generate the assistant's reply. Processing takes place in the EU.

The legal basis is your consent (Art. 6 (1) (a) GDPR, § 25 (1) TDDDG). You can withdraw it at any time with effect for the future via "Cookie settings" at the bottom of every page; you can end a running conversation at any time in the assistant itself. Further information is available in the provider's privacy policy at https://elevenlabs.io/privacy-policy.

3.8.2. Attio

When visitors request a demo through our demo request form, we transmit the data entered to our CRM system Attio. The provider is Attio Ltd., London, United Kingdom. We process the data to answer the request and to manage the contact. The legal basis is our legitimate interest in answering enquiries addressed to us and, for pre-contractual measures, Art. 6 (1) (b) GDPR; otherwise Art. 6 (1) (f) GDPR. Section 1.3 applies to transfers to third countries. Further information is available in the provider's privacy policy at https://attio.com/legal/privacy.

3.8.3. Google Workspace

We use Google Workspace for e-mail and documents, including the handling of complaints. The provider is Google Cloud EMEA Limited, Velasco, Clanwilliam Place, Dublin 2, Ireland. Xaver Group GmbH processes the data communicated to us by e-mail or in documents, e.g. contact details and the content of the message or complaint. The legal basis is our legitimate interest in efficient communication and document management (Art. 6 (1) (f) GDPR) and, for complaints handling, additionally compliance with legal obligations (Art. 6 (1) (c) GDPR). Section 1.3 applies to transfers to third countries. Further information is available in the provider's privacy policy at https://policies.google.com/privacy.

3.8.4. Calendly

For booking appointments we link to Calendly. This is an external link: visitors book the appointment on the Calendly website. We do not embed Calendly in our website and load no Calendly script. When the Calendly page is accessed, the provider Calendly LLC, 115 E Main St, Buford, GA 30518, USA, processes the data under its own privacy policy, available at https://calendly.com/privacy. We process the data entered by visitors when booking in order to arrange the appointment on the basis of Art. 6 (1) (f) GDPR (see the section on booking appointments). Section 1.3 applies to transfers to third countries.

3.8.5. Service providers for the Xaver platform

To provide the Xaver platform, after careful selection and contractual agreement, we use in particular the following service providers:

• Microsoft Azure (provider: Microsoft Ireland Operations, Ltd., Ireland) serves as the technological basis for AI functions.
• Langfuse (provider: Finto Technologies Inc., USA) supports the operation and monitoring of AI models.
• Mixpanel (provider: Mixpanel, Inc., USA) is used to analyse user behaviour within the platform.
• AWS (provider: Amazon Web Services EMEA Sàrl, Luxembourg) is used as an infrastructure and AI provider.
• MongoDB Atlas (provider: MongoDB, Inc., USA) serves as a database of the Xaver platform.
• IDnow (provider: IDnow GmbH, Germany) is used for identity verification (KYC).
• QPLIX (provider: QPLIX GmbH, Germany) is used for reporting and portfolio analytics.
• Anthropic (provider: Anthropic PBC, USA) provides language models for the AI features of the platform.
• Redis serves as a technical service for caching and data storage of the Xaver platform.
• Twilio (provider: Twilio Inc., USA) is used for messaging and telephony functions.
• Hyperdoc (Recall.ai) is used for meeting transcription and meeting bots.
• Upvest (provider: Upvest Securities GmbH, Germany) provides the custody infrastructure (depot bank).
• Google Cloud (provider: Google Cloud EMEA Limited, Velasco, Clanwilliam Place, Dublin 2, Ireland) is used as cloud infrastructure.

3.8.6. Vercel Web Analytics (statistics)

With your consent (purpose "Statistics" in the cookie notice) we use Vercel Web Analytics to evaluate page views and loading times of our website in aggregated form. The provider is Vercel Inc., 440 N Barranca Ave #4133, Covina, CA 91723, USA. The service sets no cookies; visits are told apart by a hash derived from the request, which is discarded after 24 hours. Among other things, the page visited, the referring page, approximate location, device type, operating system and browser are recorded.

The legal basis is your consent (Art. 6 (1) (a) GDPR, § 25 (1) TDDDG). You can withdraw it at any time with effect for the future via "Cookie settings" at the bottom of every page. Section 1.3 applies to transfers to third countries. Further information: https://vercel.com/docs/analytics/privacy-policy

3.8.7. Plain (customer support)

We handle requests to our customer support, for example by e-mail or through the contact form, in the support system Plain. The provider is Not Just Tickets Ltd, 3rd Floor, 1 Ashley Road, Altrincham, Cheshire, WA14 2DT, United Kingdom. The contact details and content of your request and our replies are processed. Plain acts for us as a processor; according to the provider, the data is stored on servers in the United Kingdom and the EEA. The legal basis is our legitimate interest in answering requests efficiently (Art. 6 (1) (f) GDPR) and, where a contract is concerned, Art. 6 (1) (b) GDPR. Section 1.3 applies to transfers to third countries. Further information is available in the provider's privacy policy at https://www.plain.com/legal/privacy-policy.

4. Data processing on social media platforms

We are represented in social media networks in order to present our organisation and our services there. The operators of these networks regularly process their users' data for advertising purposes. Among other things, they create user profiles from their online behaviour, which are used, for example, to show advertising on the pages of the networks and elsewhere on the Internet that corresponds to the interests of the users. To this end, the operators of the networks store information on user behaviour in cookies on the users' computers. Furthermore, it cannot be ruled out that the operators merge this information with other data. Users can obtain further information and instructions on how to object to processing by the site operators in the data protection declarations of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, so that they process data there. This may result in risks for users, e.g. because it is more difficult to enforce their rights or because government agencies access the data.

If users of the networks contact us via our profiles, we process the data provided to us in order to respond to the inquiries. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.

4.1. Instagram

We maintain a profile on Instagram. The operator is Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://help.instagram.com/519522125107875.

4.2. LinkedIn

We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://www.linkedin.com/legal/privacy-policy?_l=de_DE. One way to object to data processing is via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

5. Changes to this privacy policy

We reserve the right to change this privacy policy with effect for the future. A current version is always available here.

6. Questions and comments

If you have any questions or comments regarding this privacy policy, please feel free to contact us using the contact information provided above.