Data Privacy Notice
The purpose of this Data Privacy Notice (hereinafter referred to as the “Notice”) is to inform our clients (hereinafter referred to as the “Subjects”) about how we collect, store and process their personal data.
1. Entity Responsible for Processing and Principles
CAPLAND SA, together with all its subsidiaries and affiliated companies (hereinafter referred to as “CAPLAND”) recognizes the importance of keeping clients’ data confidential and protecting their privacy rights. Therefore, all personal data and information (hereinafter referred to as “Data”) provided in connection with our services will be processed lawfully, fairly, transparently and confidentially.
By contracting the services offered by CAPLAND (hereinafter referred to as the “Services”), and in accordance with the legal provisions in force, Subjects acknowledge that entering into an engagement with CAPLAND means that they agree to the collection and processing of Data and agree to this Notice. The Data will be collected and used solely for the purposes of the Services offered by CAPLAND or any subsequent contractual relationship with CAPLAND.
3. Legal Basis and Purposes of Data Collection and Processing
3.1. Legal Basis
The Subject acknowledges that the collection and processing of Data by CAPLAND is necessary for the fulfilment of the mandate entrusted to CAPLAND, but also for the preservation of the legitimate interests of CAPLAND and for the fulfilment of legal obligations incumbent upon CAPLAND.
The Data is collected and processed by CAPLAND for the following purposes (hereinafter referred to as “Purposes“):
• The opening and maintaining of the contractual relationship with the Subject (hereinafter referred to as a “Business Relationship“), including all formalities relating to the identification of the Subject and of any person or entity over whom the Subject or a third party provides information and / or of which CAPLAND has knowledge in any other way in connection with the Business Relationship (hereinafter referred to as a “Related person“).
• Any other related services provided by CAPLAND’s service providers and subcontractors in a Business Relationship.
• The management, administration, placement and distribution of financial products, including all services related to these activities.
• Compliance with legal and regulatory obligations to which CAPLAND is subject under regulations applicable to Swiss financial intermediaries (Money Laundering and Enforcement Act, International Financial Regulations (e.g. FATCA, Automatic exchange of information)).
• Weighing interests, to protect the interests of CAPLAND or third parties: prevention and elucidation of criminal offenses, risk management, exercise of rights and defense in litigation, consultation and exchange of information with information desks, computer security, safety of buildings and facilities.
• CAPLAND’s Clients Management: CAPLAND’s clients administration, invoicing services, marketing (newsletters, event invitations, etc.) and others.
4. What Data is Collected?
4.1. Type of Data
As part of the Services, CAPLAND collects the following Data (contemplative, non-exhaustive list) from its counterparties (clients, administrators of private equity vehicles, lawyers, banks, other financial intermediaries):
• Identification data: personal identification data (name, surname, title, tax identification number) and information relating to investment entities.
• Identification data issued by public authorities and other registers: identity cards, passports, certificate of incorporation, articles of association, share registers.
• Location data: personal and business addresses of investment entities.
• Communication and electronic identification data (personal and business): telephone number, e-mail address.
• Financial data: identification number and bank account numbers, financial resources, assets, financial transactions.
4.2. Information Collected Directly from Subjects
CAPLAND collects and records all information provided in connection with the Services or by any other means in its Clients Relationship Management system. The Subject may choose not to provide CAPLAND some Data however, this decision may deprive the Subject of some Services or features offered in connection with the Services.
4.3. Information Collected from Third Parties – Subcontractors
As part of its Services, CAPLAND may also collect data from third parties (administrators of private equity vehicles, lawyers, banks, other financial intermediaries, list of international sanctions, information available to the public (e.g. Bloomberg, World-Check, FACTIVA or LexisNexis)). Data collected from third parties is treated in the same way as Data collected directly from the Subjects (see paragraph 4.2 above).
CAPLAND may be considered as a processor of personal data in the context of information collected from third parties, according to the applicable regulations. Should this be the case, CAPLAND will enter into a data processing agreement with the third parties concerned to ensure compliance with the present Notice.
5. Methods of Data Processing
Data is processed by CAPLAND – or by third parties selected on the basis of their reliability and competence, as well as by duly appointed data controllers – solely for the purposes specified in paragraph 3.2 above.
CAPLAND retains the Data for as long as necessary for the fulfilment of the Purposes for which it was collected and in accordance with the regulations applicable to the Services.
Similarly, CAPLAND deletes or anonymizes personal data (or takes equivalent measures) as soon as they are no longer necessary to achieve the Purposes, subject however (i) to legal or regulatory requirements applicable to the data retention for a longer period of time, or (ii) to ascertain, exercise and / or defend actual or potential rights in legal proceedings, investigations or similar proceedings, including legal holds that CAPLAND might impose to preserve relevant information.
Upon Subject’s express request, CAPLAND may retain Data for as long as requested by the Subject, in compliance with the limits imposed by the law.
Security measures are applied to prevent the risk of loss of data, unlawful or improper use and unauthorized access (see paragraph 7 (Confidentiality, Security and Data Protection) below).
CAPLAND may evaluate certain characteristics of the Subjects and Related Persons on the basis of automatically processed Data in order, in particular, to offer them personalized offers and advice or information about its Services. CAPLAND may also use technologies to identify the level of risk associated with a particular Subject or Business Relation activity.
In contrast, CAPLAND does not use automated decision making in relation to a Business Relationship, a Subject, or a Related Person.
7. Access to Data and Data Transfers
The Data transmitted to CAPLAND will be known and used by CAPLAND employees and/or its subsidiaries (national or foreign) for the sole purpose of performing the Services that constitute the purpose for which the Data was collected.
As part of the performance of the Services, CAPLAND may transmit the Data to third parties, in particular to custodian banks or national and international tax authorities, in accordance with fiscal reporting obligations.
In the case of transfer of data to third parties abroad, the transfer is alternatively based on (i) an adequacy decision based on the list of countries whose data protection legal standards are approved by the European Commission, (ii) appropriate safeguards or (iii) a waiver for specific situations (execution of a mandate related to the Services offered by CAPLAND, in particular).
CAPLAND does not sell or rent the Data to any third party.
Finally, CAPLAND may have to share the personal data:
• To put the needed Service at the Subjects disposal;
• Where permitted or required by law to comply with a valid legal process;
• To protect and defend Capland’ rights or property, including the security of its products and services;
• To protect the personal safety, property or other rights of the public, CAPLAND or its clients or employees; or
• In connection with the sale of all or part of Capland’ operations.
When CAPLAND has the legal obligation to disclose Data to third parties, CAPLAND will take all commercially reasonable steps to notify the Subjects in advance, unless otherwise required by law. If CAPLAND engages in a process of merging, acquiring or selling assets, CAPLAND will comply with this Notice.
8. Privacy, Security and Data Protection
CAPLAND undertakes to ensure that there are adequate levels of protection of Data, in particular those relating to banking secrecy and data protection.
Subjects’ Data will be transmitted to and stored on Capland’ servers, access to which is strictly limited. CAPLAND has taken the appropriate technical and organizational precautions to ensure that its servers are accessible exclusively to duly authorized persons, as well as special precautions about the protection of its technical environment (e. g. use of anti-viruses and Firewalls).
9. Rights of the Subjects
In accordance with the applicable regulations, Subjects may exercise the following rights with respect to their data in connection with the processing of Data:
• Right to request access to stored Data;
• Right to request the rectification of stored Data;
• Right to request the deletion of stored Data, subject to the applicable legal provisions on data retention;
• Right to request a limitation of the processing of stored Data, subject to the applicable legal provisions regarding the processing of data; and
• Right to request a prohibition on the processing of stored Data, subject to the applicable legal provisions regarding the processing of data.
Even if a Subject contests the processing of its Data, CAPLAND is entitled to continue such processing if it is (i) legally binding, (ii) necessary for the performance of the Contract to which the Subject is party, (iii) necessary for the performance of legal obligations in compliance with proceeding of public interest or (iv) necessary for the legitimate interests that CAPLAND pursues, including the finding, exercise or defense of a right in justice.
The exercise of any right set forth in the paragraph shall be carried out in accordance with the communication provisions of paragraph 10 (Communication and Remarks) below.
The Subject has the right to require CAPLAND to protect their data. CAPLAND works tirelessly to protect itself and its users from unauthorized access, alteration, disclosure or destruction of information that is held.
• CAPLAND respects this Notice in all circumstances with respect to all Data that CAPLAND collects about the Subject concerned.;
• CAPLAND limits the use and disclosure of Data and ensures that anyone with whom CAPLAND shares this information will treat it with the confidentiality and security it deserves.; and
• CAPLAND has implemented physical, technical and administrative procedures to protect the information collected.
10. Communication and Remarks
If you have any questions about CAPLAND’s data protection measures, a detailed message can be sent to firstname.lastname@example.org and CAPLAND will address them as soon as possible.
You may exercise any of your rights related to Personal Data (paragraph 9) by sending your request to the aforementioned address.
Capland’ business is constantly evolving and this Notice and the Terms of Service may change. Unless otherwise stated, our Notice applies to the use of all information collected about any Subject.