Information about the handling and protection of personal data.
Version effective as of 24 October 2024
With this Data Protection Statement, we, fundalytix.ch (hereinafter fundalytix.ch, we or us), describe how we collect and further process personal data. This Data Protection Statement is not necessarily a comprehensive description of our data processing. Other data protection statements, General Terms and Conditions, or similar documents may apply to specific circumstances.
The term “personal data” in this Data Protection Statement shall mean any information that identifies or could reasonably be used to identify any person.
If you provide us with personal data of other persons (such as family members or work colleagues), please make sure the respective persons are aware of this Data Protection Statement and only provide us with their data if you are allowed to do so and such personal data is correct.
This Privacy Notice is aligned with the EU General Data Protection Regulation («GDPR»), the Swiss Data Protection Act («DPA») and the revised Swiss Data Protection («revDPA»). However, the application of these laws depends on each individual case.
The “controller” of data processing as described in this data protection statement (i.e. the responsible person) is our Webmaster unless we have informed you differently in some instances. You can notify us of any data protection-related concerns using the following contact details: fundalytix.ch, Data Protection Officer, Via Cantonale, CH-6928 Lugano-Manno, Switzerland, e-mail to webmaster@fundalytix.ch who is also our data protection officer under Art. 37 GDPR.
You can contact our data protection officer, according to Art. 37 GDPR using the following contact details: fundalytix.ch, Data Protection Officer, Via Cantonale, CH-6928 Lugano-Manno, Switzerland, e-mail to webmaster@fundalytix.ch
Our representative in the EEA, according to Art. 27 GDPR, is: VGS Datenschutzpartner UG, Am Kaiserkai 69, D-20457 Hamburg, Germany, e-mail to info@datenschutzpartner.eu
We primarily process personal data that we obtain from our clients, other business partners, and other individuals in the context of our business relationships with them or that we collect from users when operating our websites, apps and other applications.
Insofar as it is permitted to us, we obtain specific personal data from publicly accessible sources (e.g., debt registers, land registries, commercial registers, press, internet), or we may receive such information from affiliated companies of fundalytix.ch, from authorities or other third parties (such as, e.g., banks, brokers, credit rating agencies, tax authorities). Apart from data you provided to us directly, the categories of data we receive about you from third parties include but are not limited to, information from public registers, data obtained in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g., to conclude and carry out contracts with your employer), information about you in correspondence and discussions with third parties, credit rating information (if we conduct business activities with you personally), information about you given to us by individuals associated with you (family, consultants, legal representatives, etc.) in order to conclude or process contracts with you or with your involvement (e.g. references, your delivery address, powers of attorney), information regarding legal regulations such as KYC, compliance, anti-money laundering and export restrictions, bank details, information regarding tax status, insurance, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g., payments made, previous purchases), information about you found in the media or internet (insofar as indicated in the specific case, e.g. in connection with job applications, media reviews, marketing/sales, etc.), your address and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of our websites (e.g., IP address, MAC address of your smartphone or computer, information regarding your device and settings, cookies, date and time of your visit, sites, and content retrieved, applications used, referring website, localisation data).
We primarily use collected data to conclude and process contracts with our clients and business partners, in particular in connection with [CORE BUSINESS ACTIVITY] to our clients and the procurement of products and services from our suppliers and subcontractors, as well as to comply with our domestic and foreign legal obligations. You may be affected by our data processing as an employee, spouse or family member of such a client or business partner.
In addition, in line with applicable law and where appropriate, we may process your personal data and personal data of third parties for the following purposes, which are in our or, as the case may be, any third parties’ legitimate interest, such as:
If you have given us your consent to process your personal data for specific purposes (for example, when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent unless we have another legal basis, provided that we require one. Consent given can be withdrawn at any time, but this does not affect data processed before withdrawal.
We typically use “cookies” and similar techniques on our websites to identify your browser or device. A cookie is a small text file sent to your computer and automatically saved by the web browser on your computer or mobile device when you visit our website. If you revisit our website , we may recognise you, even if we do not know your identity. Besides cookies that are only used during a session and deleted after you visited the website (“session cookies”), we may use cookies to save user configurations and other information for a particular time (e.g., two years) (“permanent cookies”). Notwithstanding the foregoing, you may configure your browser settings so that it rejects cookies, only saves them for one session or deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies to save user configuration (e.g., language, automated login) and to understand how you use our services and content. Certain cookies are sent to you from us, and others are from business partners with whom we collaborate. Certain functions (e.g., language settings, shopping basket, ordering processes) may no longer be available if you block cookies.
Under applicable law, we may include visible and invisible image files in our newsletters and other marketing e-mails. If such image files are retrieved from our servers, we can determine whether and when you have opened the e-mail so that we can measure and better understand how you use our offers and customise them. You may disable this in your e-mail program, which is usually a default setting.
By using our websites and consenting to receive newsletters and other marketing e-mails, you agree to our use of such techniques. If you object, you must configure your browser or e-mail program accordingly.
We may use Google Analytics or similar services on our website. These are services provided by third parties, which may be located in any country worldwide (in the case of Google Analytics Google Ireland Ltd. (located in Ireland), Google Ireland relies on Google LLC (located in the United States) as its sub-processor (both «Google»), www.google.com) and which allow us to measure and evaluate the use of our website (on an anonymised basis). For this purpose, permanent cookies are used, which are set by the service provider. Although we can assume that the information we share
with Google is not personal data for Google, it may be possible that Google may be able to conclude the identity of visitors based on the data collected, create personal profiles and link this data with the Google accounts of these individuals for its own purposes. If you have registered with the service provider, the service provider will also know your identity. In this case, the processing of your personal data by the service provider will be conducted under its data protection regulations. The service provider only provides us with data on the use of the respective website (but not your personal information).
In addition, we use plug-ins from social networks such as Facebook and Instagram on our websites. This is visible for you (typically based on the respective symbols). We have configured these elements to be disabled by default. Suppose you activate them (by clicking on them). In that case, the operators of the respective social networks may record that you are on our website and where on our website you are exactly and may use this information for their own purposes. This processing of your personal data lays in the responsibility of the respective operator and occurs according to its data protection regulations. We do not receive any information about you from the respective operator.
In the context of our business activities and in line with the purposes of the data processing set out in Section 3, we may transfer data to third parties insofar as such a transfer is permitted and we deem it appropriate for them to process data for us or, as the case may be, their own purposes. In particular, the following categories of recipients may be concerned:
Particular Recipients may be within Switzerland, but they may be located in any country worldwide. In particular, you must anticipate your data to be transmitted to any country in which fundalytix.ch is represented by affiliates, branches or other offices and other countries in Europe and the USA where our service providers are located (such as Interactive Brokers, etc.).
Suppose a recipient is located in a country without adequate statutory data protection. In that case, we require the recipient to undertake to comply with data protection (for this purpose, we use the revised European Commission’s standard contractual clauses, which can be accessed here: https://eurlex.europa.eu/eli/dec_impl/2021/914/oj?), unless the recipient is subject to a legally accepted set of rules to ensure data protection and unless we cannot rely on an exception. An exception may apply, for example, in case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires disclosure, if you have consented or if data has been made available generally by you and you have not objected against the processing.
We process and retain your personal data as long as required for the performance of our contractual obligation and compliance with legal obligations or other purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, during the performance of the contract until it is terminated) as well as beyond this duration under legal retention and documentation obligations. Personal data may be retained during which claims can be asserted against our company or insofar as we are otherwise legally obliged to do so or if legitimate business interests require further retention (e.g., for evidence and documentation purposes). As soon as your personal data are no longer required for the purposes mentioned above, they will be deleted or anonymised to the extent possible. In general, shorter retention periods of no more than twelve months apply for operational data (e.g., system logs).
We have taken appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse, such as internal policies, access controls and restrictions, encryption of data carriers and transmissions, and IT and network security solutions.
In the context of our business relationship, you must provide us with any personal data necessary for the conclusion and performance of a business relationship and our contractual obligations (as a rule, there is no statutory requirement to provide us with data). Without this information, we will usually be unable to enter into or carry out a contract with you (or the entity, family or person you represent). In addition, the website cannot be used unless certain information is disclosed to enable data traffic (e.g. IP address).
We may partially process your personal data automatically to evaluate certain personal aspects (profiling). In particular, profiling allows us to inform and advise you about products that are possibly relevant to you more accurately. For this purpose, we may use evaluation tools to communicate with you and advertise you as required, including market and opinion research.
In establishing and carrying out a business relationship, we generally do not use fully automated individual decision-making (such as according to article 22 GDPR). Should we use such procedures in some instances, we will inform you separately on this and advise you of your relevant rights if required by law.
Following and as far as provided by applicable law (as is the case where the GDPR is relevant), you have the right to access, rectifier and erase your personal data, the right to restriction of processing or to object to our data processing, in particular for direct marketing purposes, for profiling carried out for direct marketing purposes and other legitimate interests in processing in addition to the right to receive specific personal data for transfer to another controller (data portability). Please note, however, that we reserve the right to enforce statutory restrictions on our part, for example, if we are obliged to retain or process specific data, have an overriding interest (insofar as we may invoke such interests) or need the data for asserting claims. If exercising certain rights will incur costs for you, we will notify you in advance. We have already informed you of the possibility of withdrawing consent in Section 3 above. Please further note that exercising these rights may conflict with your contractual obligations and result in consequences such as premature contract termination or involve costs. If this is the case, we will inform you in advance unless it has already been contractually agreed upon.
Exercising these rights requires you to prove your identity (e.g., by a copy of identification documents where your identity is not evident otherwise or can be verified in another way). To assert these rights, please get in touch with us at the addresses provided in Section 1 above.
In addition, every data subject has the right to enforce his/her rights in court or to lodge a complaint with the competent data protection authority. Switzerland’s competent data protection authority is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
We may amend this Data Protection Statement at any time without prior notice. The current version published on our website shall apply. If the Data Protection Statement is part of an agreement with you, we will notify you by e-mail or other appropriate means in case of an amendment.
