FEDERAL ACT ON DATA PROTECTION (FADP)
On the 1st of September 2023, new privacy protection measures have entered into force, as provided for by the new Data Protection Act (FADP).
Phosphor Asset Management AG fulfils the requirements of the new legislation to the extent required and respects its users’ right to privacy protection.
Further details can be found under the following headings:
-Privacy Policy
PRIVACY POLICY
This Privacy Policy explains the procedures and purposes for which Phosphor Asset Management AG processes your personal data.
“Personal data” refers to any information or details relating to an identified or identifiable natural person.
We comply with the requirements of the Swiss Federal Data Protection Act (referred to as ” FADP “) and the EU General Data Protection Regulation (referred to as “GDPR”) where applicable and local data protection laws when processing personal data. Additional privacy policies may be provided when deemed necessary.
For any questions regarding data protection, please contact the Data Controller at:
Phosphor Asset Management SA
Address P. Peri 15
CH-6900 Lugano
Tel. +41 91 9118787
E – mail: info@phosphoram.ch
DATA ORIGIN AND DATA CATEGORIES
We mainly process personal data that is provided to us or collected from various sources within the scope of our business activities. These sources include our customers (including their employees, shareholders, directors, etc.), website visitors, service providers, banks and other business partners. In addition, we may process personal data obtained from publicly accessible sources, such as websites or public registers such as the business register.
Phosphor Asset Management AG does not control the sites linked to or mentioned on its website. It therefore declines any responsibility for the content and services offered. Access to these sites is therefore at your sole risk.
PURPOSE OF DATA PROCESSING
Data collected when you visit our website
Whenever a user visits our website, our server automatically collects a set of user information, which is then stored in the server log files. This information includes, but is not limited to, the IP address, the date and time of access, the time zone difference from GMT, the source website, the browser type and the operating system.
The collection of this general information does not aim to identify any specific person. It is technically necessary for the proper functioning, stability and security of our website. In addition, this information is used to improve the website and analyse its usage patterns. The basis for the temporary storage of this information and log files is of our legitimate interest to provide our website with satisfactory quality and to continuously improve it.
Contact by mail/telephone number
You can contact us using the email address and phone number provided on our website.
The personal data you send us will be stored and processed by us for the purpose of managing your request. The legal basis for processing this personal data is your consent and our legitimate interest in processing your request in accordance with any applicable legislation (cross-border legislation).
Cookies and technical tools
Our website may use technologies such as cookies or other tools, including pixels, tags or external services (referred to as “Cookies” or “Tools”). Cookies are text files stored by your Internet browser on your computer system or mobile device. These files contain a unique character string that allows you to identify your browser or mobile device when you visit the website or app again.
The use of cookies has a single purpose; they allow and optimize the user experience on our website. Some functions of the website are based on the use of cookies, which are considered necessary for their operation (called “strictly necessary cookies”).
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INFORMATION
In accordance with the Federal Data Protection Act (FDPA) we hereby provide you with appropriate information regarding the processing of personal data of customers and potential customers in the context of the provision of services by Phosphor Asset Management AG.
1. Definitions
1.1 Personal data
This is all information concerning an identified or identifiable natural person
1.2 Personal data worthy of particular protection
These include in particular:
– data concerning religious, philosophical, political or trade union opinions or activities;
– data relating to health, privacy or belonging to a race or ethnic group;
– genetic data;
-biometric data uniquely identifying a natural person;
-data on administrative and criminal prosecutions and penalties;
-data on social assistance measures.
1.3 Treatment
Processing means any operation relating to personal data, irrespective of the means and procedures used, in particular the collection, recording, storage, use, modification, communication, storage, deletion or destruction of data.
1.4 Person concerned
The data subject is the natural person whose personal data are processed.
2. Controller and controller and data protection officer
This is the person who, individually or together with others, determines the purpose and means of treatment.
In this case, the data controller is:
Phosphor Asset Management AG, through the Collegial Management.
3. Categories of data collected
In the context of the provision of services by Phosphor Asset Management AG, Personal Data that are worthy of particular protection may be processed. This normally concerns the following information:
3.1 Information collected from the customer
The information includes:
-personal data such as name, surname, address, telephone number and e-mail;
-date and place of birth;
-sex;
-marital status, dependents (name and age) and customer relationship;
-copies of identity documents, such as passports and driving licences;
-social insurance number, social security number or tax code or other;
-nationality, residence for tax purposes and country of residence;
-employment, income and wealth;
-assets, investments, held assets and liabilities;
-investment knowledge and experience;
-details of any third party representatives.
3.2 Information collected from third parties
These include the following:
-publicly available information on public registers, such as trade registers, business registers, with details of companies, members and assets held;
-other information from third-party sources, such as asset valuation services, reputational agencies, anti-fraud and/or intermediaries.
3.3 Information related to the services provided by Phosphor Asset Management AG
Information collected for the purposes of the services provided by Phosphor Asset Management SA includes:
-contract number;
-assets covered by the financial services provided by Phosphor Asset Management SA;
-data relating to transactions with financial instruments;
-phone records;
-statements and records.
3.4 Sensitive personal data and other information
In addition to the above and in fulfilling legal obligations (including the Money Laundering and Terrorist Financing Act, MLA), Phoshor Asset Management SA may collect from both the customer and third-party sources, personal data worthy of particular protection, such as opinions, positions or political affiliations, and, within the limits of law, information relating to criminal convictions and offences.
If relevant to the services provided, Phosphor Asset Management AG may request information about other persons, such as business partners (including shareholders and beneficial owners), dependants or family members, representatives, and agents. The customer is invited to send a copy of this information to the interested parties before providing us with such information.
4. Purpose of data processing
The processing carried out by Phosphor Asset Management AG takes place only in cases permitted by law and in particular is aimed at:
-the correct and complete execution of the contract concluded with the customer (as well as the previous acts necessary for the conclusion of the contract);
-to comply with legal obligations (provided in particular by anti-money laundering, financial, tax and accounting legislation);
-protect the legitimate interests of Phosphor Asset Management SA, provided that the fundamental rights of the customer do not prevail.
Specifically, Personal Data may be processed by Phosphor Asset Management AG, for:
-identify the contractor, confirm and verify his identity;
-enter into a business relationship and possibly, to the extent permitted by law, offer services and/or financial instruments to the customer;
-monitor the business relationship and analyse the performance of the contract in accordance with the customer’s situation and directives and carry out the necessary adequacy and/or appropriateness checks;
-carry out commercial and administrative operations and activities, including account keeping and internal controls;
-comply with applicable laws and regulations and/or industry practices;
-comply with requests and/or measures made by competent authorities and/or supervisory bodies;
-legal, administrative, enforcement and/or criminal proceedings and to obtain legal advice or to ascertain, exercise or defend rights recognised by law;
-transmit to the customer information and announcements about events, products and services offered by Phosphor Asset Management AG, at the request of the customer or, for Switzerland, of its presumed interest.
Personal data may be processed by means of both paper and computer files (incl. ev. portable devices) and processed in Switzerland in a manner strictly necessary to meet the purposes mentioned above.
To this end, the data subject undertakes to provide his or her personal data in a correct, complete and truthful manner and to the extent necessary for the aforementioned purposes.
5. Legal basis for processing
Phosphor Asset Management SA processes personal data lawfully, in accordance with Art. 5-9 LPD, where the processing:
-is necessary for the performance of the contract signed by the person concerned or for the performance of pre-contractual measures taken on request;
-is necessary to comply with the legal obligations of Phosphor Asset Management AG;
-is based on the express consent of the person concerned.
6. Consequences of failure to provide personal data
For the proper performance of the contract and to comply with any regulatory obligations of Phosphor Asset Management AG, the data subject undertakes to provide their necessary personal data; otherwise, if the personal data are not disclosed, the contractual relationship under the contract cannot be concluded and Phosphor Asset Management AG may be unable to fulfil its legal obligations.
7. Retention of data
Phosphor Asset Management SA retains Personal Data for the period of time necessary to achieve the purposes for which it was collected or to comply with legal obligations (Article 7 AMLA), regulatory, accounting or reporting obligations.
8. Communication of data
8.1 Communications to third parties
The Personal Data of the data subject may be communicated to the following categories of recipients, for the purposes listed above:
-audit firms and supervisory bodies;
-agents, auditors, service providers and professional advisors, if any, to process the information in the above situations as data controllers on our behalf and/or as joint data controllers with respect to their obligations;
-competent authorities for compliance with legal obligations and/or provisions of public bodies, on request;
-to courts and/or judicial, executive, criminal or administrative authorities, to any competent tribunal, mediator, arbitrator, ombudsman, tax, regulatory or governmental authority;
-to any third party in the context of restructuring (including investments), aggregation, merger, transfer or disposal of Phosphor Asset Management SA;
-other financial institutions or intermediaries, grants, etc. as appropriate;
-other subjects, with the consent of the customer.
8.2 Transfer abroad
Personal data may only be disclosed abroad if the Federal Council has found that the legislation of the receiving State or international body ensures adequate data protection.
As part of the above purposes, Phosphor Asset Management AG uses certified and secure service providers that are established and process personal data in Switzerland. Therefore, communications of personal data to third States that do not adequately protect the data are excluded; communications based on the prior and express consent of the data subject, respectively on his or her explicit instruction, remain confidential, or carried out under a legal obligation.
9. Rights of the data subject
According to the DPA, the data subject has in particular the following rights (non-exhaustive list):
-right to information about the possible processing of personal data concerning the data subject;
-right of access, including:
-obtain the rectification of inaccurate or obsolete personal data;
-be informed in writing and free of charge if your personal data are processed;
-revoke consent to the processing of data issued in the past;
-decide on an individual automated decision or request that it be reviewed by a natural person;
-the right to obtain or require the transfer of data to third parties;
-request that the processing of data be blocked, that its communication to third parties be prevented or that personal data be rectified or destroyed.
-Reserved any other administrative and judicial recourse, if the data subject believes that the processing of data concerning him or her infringes the provisions of the DPA, has the right to lodge a complaint with the Federal Data Protection Commissioner (IFPD).
-The rights of the data subject may be exercised by sending them to the above address of Phosphor Asset Management AG.
-Phosphor Asset Management AG reserves the right to request specific information from the customer to confirm his identity and to guarantee his right of access to information (or exercise of other rights). This is a further security measure aimed at preventing the communication of Personal Data to persons not entitled to do so.
10. Changes to this Privacy Policy
Phosphor Asset Management SA reserves the right to update this Policy at any time by informing customers in writing of changes made or by updating the Privacy Policy on our website: https:///phosphoram.ch/ You may be notified from time to time by other means about the processing of your Personal Data.