Privacy note – Switzerland
Regulation concerning data protection
This data protection declaration (hereinafter, the « Declaration« ) is intended to inform persons affected by data collection, storage and processing (hereinafter, the « Data Subjects ») about the way in which we collect, store and process data.
- CONTROLLER AND PRINCIPLES
Data processing includes any operation relating to personal data, whatever the means and procedures used, in particular the collection, recording, storage, communication, archiving, erasure and destruction of data.
The data controller, Octogone Gestion Sàrl/Fininvesta Sàrl , Rue de-Candolle 26, 1205 Geneva, Switzerland (hereinafter, « Octogone/Fininvesta« ), recognizes the importance of keeping the personal data of its customers and counterparties confidential and of protecting their right to privacy. Octogone/Fininvesta implements all appropriate technical and organizational measures, taking into account the nature, scope, circumstances and purposes of the processing, in order to ensure and demonstrate that the processing is carried out in accordance with this Regulation and to prevent any breach of data security.
Consequently, all personal data and information (hereinafter, the « Data ») communicated within the framework of our services will be treated in a lawful, fair, transparent and confidential manner by Octogone/Fininvesta.
By providing personal data to Octogone/Fininvesta, or by contracting the services offered by Octogone/Fininvesta (hereinafter, the « Services« ), and in accordance with applicable law, you acknowledge and agree that your Data is or will be processed by Octogone/Fininvesta. This Data will be collected and used for the sole purpose of the Services offered by Octogone or any subsequent contractual relationship with Octogone .
- LEGAL BASIS AND PURPOSES OF DATA COLLECTION AND PROCESSING
3.1 Legal basis
The Data Subject acknowledges that the processing of Data by Octogone/Fininvesta is necessary for the performance of the mandate entrusted to Octogone/Fininvesta to which the Data Subject is a party in connection with the Services, but also for the preservation of the legitimate interests of Octogone/Fininvesta and for compliance with the legal obligations incumbent on the latter.
Data is collected by Octogone/Fininvesta for the following purposes:
– The commencement and maintenance of the contractual relationship with the Data Subject or the commencement of a business relationship with Octogone/Fininvesta (hereinafter referred to as the « Business Relationship« ), including all formalities relating to the identification of the Data Subject and any persons or entities about whom the Data Subject or a third party provides information and/or of whom Octogone/Fininvesta becomes otherwise aware in connection with the Business Relationship (hereinafter referred to as the « Related Person« ).
– Any other related Service provided by Octogone/Fininvesta’s service providers and subcontractors in a Business Relationship.
– Management, administration, investment and distribution of financial products, including all related services.
– The respect of the legal and regulatory obligations to which Octogone/Fininvesta is subject by virtue of the regulations applicable to Swiss financial intermediaries (Money Laundering Act and the application of international financial regulations (e.g. FATCA, automatic exchange of information).
– Weighing up interests, protecting the interests of Octogone/Fininvesta or third parties : prevention and elucidation of criminal offences, risk management, exercise of rights and defense in litigation, consultation and exchange of information with information offices, IT security, security of buildings and facilities.
– Management of Octogone/Fininvesta customers and other counterparties: billing services, marketing (newsletters, invitations to events, etc.) and other services.
- WHAT DATA IS COLLECTED?
4.1 Data types
As part of the Services, Octogone/Fininvesta collects the following data ( non-exhaustive list) from its counterparties (business introducers, clients, trustees, administrators of private investment vehicles, lawyers, banks, other financial intermediaries and other third parties):
- Identification data: personal identification data (surname, first name, title, tax number) and structural identification data (information relating to investment entities).
- Identification data issued by public services and other registers: identity cards, passports, certificates of incorporation, articles of association, share registers.
- Location data: personal, business and investment addresses.
- Communication and electronic identification data (personal and professional): telephone number, e-mail addresses.
- Financial data: identification and bank account numbers, financial means/assets, financial transactions.
- Family data (marital status, number of children, death and inheritance certificates in the event of death) and professional data (job, professional history, title, function, power of representation, education).
- Data relating to the fight against money laundering and the financing of terrorism (information on the origin of assets deposited, wealth, political status, family or professional relationship with a PEP).
- Data resulting from communication with the counterparty concerned (e-mails, postal mail, official notifications, telephone notes and visit reports or telephone or electronic recordings).
4.2 Information collected directly from Data Subjects
Octogone/Fininvesta collects and records all information communicated to it in its customer relationship management (CRM) system. The Person concerned may decide not to communicate certain information to us, however this decision may have the effect of hindering the Business Relationship with Octogone/Fininvesta.
4.3 Information collected from third parties – Subcontractor
As part of its Services, Octogone/Fininvesta may also collect Data from third parties (business providers, trustees, administrators of private investment vehicles, lawyers, banks, other financial intermediaries, international sanctions list, publicly available information -for example, Bloomberg, World-Check, FACTIVA or LexisNexis). Data collected from third parties is processed in the same way as Data collected directly from Data Subjects (see paragraph 4.2 above).
In the context of information collected from third parties, Octogone/Fininvesta may be considered as a personal data processor, depending on the applicable regulations. If this were to be the case, Octogone/Fininvesta would be required to enter into a subcontracting agreement with the third parties concerned in order to ensure compliance with these Regulations.
- DATA PROCESSING METHODS
Data is processed by Octogone/Fininvesta – or by third parties selected on the basis of their reliability and competence, as well as by duly appointed data processors – solely for the purpose of ‘executing the purposes specified in paragraph 3.2 above, mainly through IT tools, but also on paper.
Octogone/Fininvesta keeps the Data for the time necessary to fulfill the purposes for which they were collected and in accordance with the regulations applicable to the Services.
Similarly, Octogone/Fininvesta will delete or anonymize personal data (or take equivalent measures) once it is no longer necessary to achieve the finalities, subject to (i) applicable legal or regulatory requirements to retain data for a longer period, or (ii) to be able to determine, exercise and/or defend actual or potential rights in judicial proceedings, investigations or similar proceedings, including legal declarations that Octogone/Fininvesta may impose to preserve relevant information.
Specific measures are applied to prevent the risk of data loss, unlawful or improper use and unauthorized access (see paragraph 8 (Confidentiality, security and data protection) below).
Octogone / Fininvesta does not carry out any automated processing (« profiling ») on the basis of the data collected on the Data Subject.
- KNOWLEDGE AND TRANSMISSION OF DATA
The Data that will be transmitted to Octogone/Fininvesta will be known and used by the employees of Octogone/Fininvesta for the sole purpose of performing the Services that constitute the reason for which the Data was collected.
In connection with the performance of the Services, Octogone/Fininvesta may transmit the Data to third parties, in particular to custodian banks or national and international tax authorities, in accordance in particular with tax reporting obligations, or to stock exchanges and other financial counterparties in connection with the performance of the Services.
The transmission of data to third parties is based, alternatively, (i) on a decision of adequacy, (ii) by virtue of appropriate guarantees or (iii) according to an exemption for specific situations (execution of a mandate related to the Services offered by Octogone/Fininvesta in particular).
It is already specified that :
- In relations with custodian banks, data may be transferred to national and international banks, as well as to any other financial intermediary.
- As part of the implementation of FATCA regulations, Data may be transferred to the Internal Revenue Service (IRS) or any other competent tax authority recognized by the IRS.
- As part of the implementation of the Automatic Exchange of Information (AEI), Data transfers can take place to any competent tax authority, it being specified that the condition of data confidentiality is a sine qua non obligation stipulated by the OECD in order to adhere to the Automatic Exchange of Information mechanism.
- In the context of the implementation of any other regulations and of the Services, Octogone/Fininvesta assesses the recipients of the Data in accordance with the applicable standards.
Octogone/Fininvesta does not sell or rent the Data to any third party.
Finally, Octogone/Fininvesta may share your personal data:
- To provide you with the Service you need;
- When authorized or required by law to comply with a valid legal process ;
- To protect and defend, if necessary, the rights or property of Octogone/Fininvesta, including the security of its products and services;
- To protect the personal safety, property or other rights of the public, Octogone/Fininvesta or its customers or employees .
- CONFIDENTIALITY, SECURITY AND DATA PROTECTION
Octogone/Fininvesta undertakes to guarantee the existence of adequate levels of protection in accordance with applicable legal and regulatory requirements, in particular those relating to banking secrecy and Data protection.
The Data of the Persons concerned will be transmitted and stored on Octogone/Fininvesta’s servers, access to which is strictly limited. Octogone/Fininvesta has taken appropriate technical and organizational precautions to ensure that only duly authorized persons have access to the servers, and has taken special precautions to protect our technical environment (e.g. use of firewalls). Our servers comply with ISO 27001 standards, combined with strong authentication and encrypted communications.
- RIGHTS OF PERSONS CONCERNED
In accordance with the applicable regulations, in the context of Data processing, Data Subjects may exercise the following rights concerning their data:
- Right to request access to stored Data ;
- Right to request rectification of stored Data ;
- Subject to the applicable legal provisions on the retention of Data ( Swiss law applicable to financial intermediaries, FACTA law, etc.), right to request deletion of retained Data;
- Subject to the legal provisions applicable to the processing of Data (Swiss law applicable to financial intermediaries , FACTA law, EAR, etc.), the right to request a limitation of the processing of stored Data; and
- Subject to the legal provisions applicable to the processing of Data (Swiss law applicable to financial intermediaries , FACTA law, EAR etc.), right to request a ban on the processing of stored Data.
Even if a Data Subject objects to processing of his or her data, Octogone/Fininvesta is entitled to continue such processing if it is (i) legally binding, (ii) necessary for the performance of the contract to which it is a party, (iii) necessary for the performance of a task carried out in the public interest or (iv) necessary for the legitimate interests pursued by Octogone/Fininvesta, including the discovery, exercise or defence of legal claims.
In general, the Data Subject has the right to require Octogone/Fininvesta to protect his/her Data. Octogone/Fininvesta works tirelessly to protect itself and its users from unauthorized access, alteration, disclosure or destruction of information that is held. In particular:
- Octogone /Fininvesta complies with this Declaration in all circumstances in relation to all Data that Octogone/Fininvesta collects about the Data Subject;
- Octogone/Fininvesta limits the use and disclosure of your Data and ensures that anyone with whom Octogone/Fininvesta shares such information treats it with the confidentiality and security it deserves; and
- Octogone/Fininvesta has implemented material, technical and administrative procedures to protect the information collected.
The exercise of any right set forth in this paragraph shall be in accordance with the provisions of paragraph 10 (Notices) below.
If you have any questions about Octogone/Fininvesta’s data protection policy, you can send us a detailed message to email@example.com and we will try to find a solution as soon as possible.
You may exercise any of your rights relating to personal data (paragraph 9) by sending your request to the above address.
Octogone/Fininvesta’s business is constantly evolving and this Privacy Statement may be subject to change . Unless otherwise stated, our Privacy Statement applies to the use of any information we have collected about you.