Data Privacy Notice
This privacy notice ("Privacy Notice") informs our website visitors, clients and business partners (or persons acting on behalf of our clients and business partners) and job applicants ("you") about how AlphaSwiss Partners SA ("AlphaSwiss", "we", "us") treats personal data ("Data") in accordance with the Swiss Federal Act on Data Protection ("DPA") when using our website, when using any of our services ("Services"), when supplying services to us, when applying for a job vacancy or in any of the other situations set out in Section 3 below.
Controller and Contact Details
If you have any questions regarding this Privacy Notice or the protection of your Data, please contact AlphaSwiss at the following:
Place du Molard 7
Obligation to Provide Data and Your Sharing of Third-Party Data
You are in general under no obligation to provide us with any Data. However, if you do not provide the required information regarding certain use cases set out in Section 3, we may not be able to process your corresponding request, get in contact with you or provide the requested products and Services to you.
By sharing such Data with us, you confirm that you are authorized to do so and that you have informed the affected individuals about this Privacy Notice and our processing of their Data.
Processed Data, Purpose and Legal Basis
We may process various categories of Data, depending on the circumstances as set out hereinafter. To the extent required under the DPA, our processing is generally based on the following purposes:
- the need for performance of our contract with you and the provision of our services to you or for processing your request for a contract (e.g. in relation to the client onboarding, the establishment and management of your relationships with us and the services provided by us);
- the need for compliance with legal obligations to which we are subject (e.g. in order to perform legal and regulatory compliance checks and comply with statutory requirements, anti-money laundering and terrorism financing regulations, directives and recommendations from authorities);
- legitimate interests in fulfilling the purposes mentioned below (e.g. for security and access control purposes as well as to comply with internal regulations, including such purposes as compliance, risk management, corporate governance and business organization); and/or
- as otherwise specified hereinafter.
The Data processing related to your use of our website is limited to Data that is required to operate, provide and secure the website and the services provided thereon ("Website Use Data") and for web analysis purposes ("Website Analysis Data").
Categories of Data: When accessing our website (and, through our website, the Services), the following information about your device may be collected automatically: IP address, operating system, type of device, browser name and version, date and time of access, address of the website from which you were redirected to our website (if applicable), etc. We may analyze your use of our website with web analysis tools, including Google Analytics (with IP anonymization activated). Further information on the use of data by Google and configuration options can be found here: https://www.google.com/intl/en/policies/privacy/partners
Purpose and legal basis: The processing regarding website use is based on our legitimate interest to operate and secure our website and our Services, in particular for security reasons to ensure the stability and integrity of our systems. In addition, we may perform basic web analysis based on our legitimate interest to optimize the website regarding usability and to gain insights about the use of our website and Services. The collected data will not be merged with other personal data or disclosed to third parties.
Categories of Data: Website Use Data and Website Analysis Data
We may be in contact with you by use of different channels, e.g. if you fill in contact or similar forms on our website, send us e-mails or by using other electronic (or hardcopy) communication means, whereby Data may be exchanged ("Communication Data").
Categories of Data: If you fill in our contact forms, send us an e-mail or another form of electronic message (or a hardcopy message, e.g. a letter), we may collect such information as your name, e-mail address (or other form of communication identifier, e.g. messenger nickname), phone number, subject matter, message content, related metadata and any other information you choose to disclose in your communication to us.
Purpose and legal basis: We use Communication Data to process your inquiry and any possible further questions you might have in relation to the performance of our Services and any other related questions and matters based on the content of your communication with us. We may keep this data to document our communication with you, for training purposes, for quality assurance, for follow-up inquiries and for regulatory purposes.
When using our Services and onboarding with us, you are required to open a client relationship with us, involving collection of related data, including Contract Data (as defined in Section 3.6), in relation to the Services (altogether "Service Data", including Onboarding Data as defined hereinafter).
Categories of Data: When onboarding with us and using our Services, we may require such information as personal identification details (first name, last name, date of birth, address, identity documents, nationality, gender, e-mail, phone number, etc.). This may also include further information we require from you such as your profession, role and function, financial details (such as income information, assets owned and tax status), financial background, etc., including information from third parties and public sources (e.g. from fraud prevention or government agencies, internet sites and government registries) ("Onboarding Data"). Furthermore, when using our Services, we may process information relating to transactions (dates, currencies, branches, payer and payee details) and record calls, e-mails, text messages, social media messages and other communications between you and us.
Purpose and legal basis: In general, Service Data will be used to perform our onboarding and provide our Services to you and to comply with the applicable legal requirements and our internal regulations, including for anti-money laundering and fraud prevention purposes. We may also process Service Data to document our Service delivery, for training purposes or for quality assurance as well as for market research to improve our Services and operations, for prospecting and for product development, based on our legitimate interest.
If we enter into a contract with you, or into negotiations regarding such contract, we may collect Data in relation to the conclusion and performance of such a contract ("Contract Data"). In general, we collect this Data from you or other contractual partners and from third parties involved in the performance of the contract, but may also use Data from third-party or public sources (for example fraud prevention agencies and government registries).
Categories of Data: Contract Data may include Onboarding Data, Service Data in general and such further information as e.g. relating to the Services to be provided, to your preferences or to your feedback, etc.
Purpose and legal basis: We use Contract Data for the preparation, conclusion, performance and administration of our contractual relationships and any questions or inquiries that might arise in that relation. Such processing may be required to comply with legal requirements and internal regulations, including Know Your Customer processes. We may keep this Data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries.
We may process Data you provide to us in connection with an application for a job vacancy ("Application Data").
Categories of Data: Application Data may in particular include your contact information, information about your working permit situation, your education and professional experience and any other information you choose to provide to us in connection with your application.
Purpose and legal basis: We process Application Data for the assessment of your application and potential negotiation, preparation, conclusion and performance of an employment contract with you. In case no employment contract is concluded, but you provide us with your consent to retain your application for further job vacancies, we may do so based on your consent.
Disclosure and Transfer of Data
We may disclose your Data to recipients as set out in Section 4.1, which may include cross-border data transfers as further described in Section 4.2.
Categories of Recipients
We may make your Data available to the following recipients (in compliance with the applicable legal requirements, in particular on a need to know basis or where required by law):
- joint account holders of your account, your guarantor and any person with power of attorney over your affairs (where applicable);
- our employees (e.g. business line(s) concerned by the products and services provided; compliance department(s) concerned; risk department(s) concerned; IT department(s) concerned);
- external service providers (e.g. IT services providers, credit card associations, platform providers, business information providers, etc.);
- contractual partners;
- issuers of securities (including third parties appointed by them) in which you have an interest, where such securities are held by third party banks for you;
- payment recipients, beneficiaries, account nominees, intermediaries, correspondent and agent banks (including custodian banks);
- clearing houses, and clearing or settlement systems and specialised payment companies or institutions such as SWIFT;
- market counterparties, upstream withholding agents, swap or trade repositories, stock exchanges;
- other financial institutions, credit reference agencies (for the purposes of obtaining or providing credit references);
- any third-party fund manager who provides asset management services to you;
- any introducing broker to whom we provide introductions or referrals;
- competent authorities, including tax authorities and courts (in Switzerland and abroad, if we are legally obliged or entitled to such disclosure or if it appears necessary to protect our interests);
- legal and professional advisors, including accountants and auditors; and
- transaction partners and advisors (e.g. in relation to mergers, acquisitions or other business transactions involving us or our group companies).
Cross-Border Transfer of Data
We may transfer your Data to countries within the EEA or to the UK and, if applicable in the scope of your mandate with us (e.g. custodian bank abroad, investments in offshore structures, etc.), to other relevant countries outside of Switzerland or the EEA/UK, provided that (a) such countries provide for an adequate level of data protection according to the assessment of the competent authority, (b) we ensure an adequate level of data protection based on appropriate safeguards, such as the EU Standard Contractual Clauses ("EU-SCC") adapted to Swiss law to the extent required ("CH-SCC") , or (c) you have given your consent regarding such cross-border transfer.
Finally, in the context of certain international financial operations (such as payment transfers) the client’s data may be transferred outside of Switzerland. These transfers are necessary for the execution of the contract between the client and AlphaSwiss.
Storage Periods and Erasure
We process and retain Data for as long as our processing purposes, the legal retention periods and our legitimate interests regarding documentation require it or for reasons of limited technical feasibility. Except in case of contrary legal or contractual obligations, we will erase or anonymize your Data once the storage or processing period has expired. Regarding specific use/Data categories, we will in general retain your Data as follows:
Website Use Data: Website Use Data will be processed for as long as required to enable the requested access and secure the stability and integrity of the relevant systems.
Website Analysis Data: Website Analysis Data will be stored for as long as required to perform the analysis and will thereafter be deleted or anonymized.
Cookies: Cookies will be stored on your device for the time period required to achieve the related purpose and will thereafter be deleted by your browser.
Communication Data: Communication Data will be deleted after responding to / completing your inquiry if and to the extent (a) we are not legally obliged to retain such Data (e.g. for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.
Service Data: We generally keep Service Data as long as you are accessing/receiving (or have the right to access/receive) our Services, and such Data will be deleted after termination of your contract if and to the extent (a) we are not legally obliged to retain such Data (e.g. for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.
Contract Data: We generally keep Contract Data for the duration of the statute of limitations duration regarding contractual claims, as calculated from the end of the contractual relationship if and to the extent (a) we are not legally obliged to retain such Data (e.g. for accounting or document retention purposes) for a longer period and (b) we do not have an overriding legitimate interest to retain such Data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.
Application Data: We generally keep Application Data for the duration of the application process and 3 months thereafter, unless you ask or allow us to retain your application for a longer time. We may retain Application Data for longer for the assessment or exercise of, or defense against, legal claims.
Your Rights as Affected Data Subject
You have the right to request information about your Data we process and further rights regarding such data processing. In particular, you have – or may have, depending on the circumstances – the right to:
Information, i.e. to ask us whether we are processing Data about you, and if so, to provide you with further information related thereto.
Correction, i.e. to ask us to correct or complement your Data if it is incorrect or incomplete.
Deletion, i.e. to delete your Data (to the extent we are not under a legal obligation or have an overriding legitimate interest to retain such Data).
Object, i.e. right to object to the processing of your Data based on our legitimate interest by explaining your particular reasons and specific circumstances on which your objection is based. Regarding cookies through which certain Data may be collected, you can block the setting of such cookies at any time by changing the settings in your browser accordingly. Please note that a deactivation of cookies may result in a limited user experience and you may not be able to use every function of our website or Services or to access the Services in an appropriate manner altogether.
Restrict processing, i.e. to ask us to temporarily restrict our processing of your Data.
Data portability, i.e. to ask us to provide you in electronic form (to the extent technically feasible) the Data you have provided to us.
Withdraw your consent, i.e. to withdraw your consent if and to the extent you have previously given your consent to any specific purpose of processing of your Data. This will not affect the lawfulness of any processing carried out before you have withdrawn your consent (or any processing based on any legal basis other than your consent) and it may mean that we will no longer be able to provide our Services to you.
In case you wish to exercise any of these rights, please contact us as specified in Section 1. Before responding to your request, we may ask for proof of identity. This helps us to ensure that your Data is not disclosed to any unauthorized person.
The security and confidentiality of your Data is important to us and AlphaSwiss has invested significant resources to protect the safekeeping and confidentiality of your Data. When using external service providers acting as processors, we require that they adhere to the same standards as AlphaSwiss. Regardless of where your personal information is transferred or stored, we take all steps reasonably necessary to ensure that Data is kept secure.
Complaints / Regulatory Authority
If you believe that our processing of your Data contradicts the applicable data protection laws, you have the possibility to lodge a complaint with the appropriate data protection authority.
The data protection authority for AlphaSwiss is the Swiss Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, 3003 Berne, Switzerland ( https://www.edoeb.admin.ch ). Based on your residence, you may have the possibility to lodge a complaint with the appropriate data protection authority of your place of residence.
Changes to this Privacy Notice
This Privacy Notice does not form part of any contract with you and we may amend it at any time. The version published on our website is the version that currently applies.
Last update : November 10, 2023