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Privacy notice

FF Marcuard SA takes data privacy seriously and adheres to high data protection standards and personal data collection and processing transparency for our contracting parties. For these purposes, FF Marcuard SA, in its role as a data controller and a data processor, has undertaken extensive preparation to stay ahead of the current data protection legal environment changes.

Herewith below, we stipulate the key aspects of personal data processing and our obligations towards individuals (e.g. contracting parties, its related persons such as authorized persons, partners, advisors, beneficial owner(s) / beneficiary(-ies), etc.: hereinafter altogether referred to as data subject), whose personal data FF Marcuard SA may control and process, and their rights.

Processing of personal data

Within the framework of the provision of the services rendered by FF Marcuard SA, we may be required to obtain from the contracting party personal data of a data subject. Depending on the service provided by FF Marcuard SA, the following personal data may be collected and/or processed:

personal details such as name, identification number, date of birth, KYC documents (including copies of identification documents (identity cards and/or passport), phone number, any kind of address details, family related information (e.g. name of the spouse, children, partner or relatives));
financial information, including payment and transaction records and information relating to bankable and nonbankable assets, financial statements, liabilities, taxes, revenues, earnings and investments (including investment objectives);
tax domicile and other tax-related documents and information;
professional information, such as job title and work experience;
information related to knowledge of and experience in investment matters;
identifiers such as assigned client and/or account numbers;
by accessing www.ffmarcuard.com, data transmitted by a browser will be automatically recorded by our server, including the date and time of the access, name of the accessed file, data volume, performance of the access, browser language, requesting domain, IP address, etc. Please consult www.ffmarcuard.com for additional information related to cookies;

and any other information required to be obtained under the applicable laws (hereinafter altogether referred to as personal data).

In some cases, we collect personal data from public sources (e.g. official company register, press, and the internet) or third parties, such as due diligence service providers (e.g. name-checking database) or from another Marcuard Heritage Group company (i.e. FF Marcuard SA’s sister companies and/or any of its subsidiaries and/or affiliates).

In the case where the contracting party discloses personal data of a related person to FF Marcuard SA, a copy of this Data Privacy Notice must be provided to those individuals by the contracting party (available on www.ffmarcuard.com).

FF Marcuard SA limits the type and amount of personal data collected to the level required for the provisions of our services and in line with our obligations.

Legal basis for and purpose of processing of personal data

FF Marcuard SA always processes personal data for a specific purpose. In particular for:

The fulfilment of contractual obligations: Personal data is processed to provide financial intermediary services such as asset management, investment advisory, investment reporting, concierge, etc. or pre-contractual clarifications (hereinafter altogether “services”).
The context of balancing and/or public interests: Where required, personal data is processed for legitimate interests pursued by FF Marcuard SA or a third party, due to statutory provisions or in the public interest. In particular for:
- meeting regulatory and other compliance obligations (laws applicable to financial service providers (e.g. antimoney-laundering, record keeping and/or monitoring reasons), disclosure obligations towards tax authorities, regulators, other authorities and administrative bodies;
- valuation and enhancement of IT security and IT operation;
- risk control and security reasons of contracting parties, employees and shareholders of FF Marcuard SA.
Personal data transfer and sharing: FF Marcuard SA shares personal data within the Marcuard Heritage Group with external service providers or authorities in the course of a business relationship or in case legal, regulatory or market practice requires such. This may affect the transfer of personal data to third parties in Switzerland or abroad for the processing, storing, retention, printing, evaluation, management, etc., of personal data. Thereto, FF Marcuard SA, in particular, may share personal data with:
- The Marcuard Heritage Group: To fulfil our contractual, statutory or legal obligations, in connection with the services rendered, FF Marcuard SA may share personal data within the Marcuard Heritage Group. Thereto, appropriate organizational (e.g. outsourcing agreements) and technical safeguards to protect personal data are ensured.
- Third parties: When providing services, FF Marcuard SA may share personal data with third parties acting on behalf of the contracting party: e.g. payment recipients, beneficiaries, account nominees, intermediaries, banks, correspondent and agent banks, stock exchanges and other financial institutions.
- Authorities / administrative bodies: FF Marcuard SA may disclose personal data to authorities, regulators or administrative bodies when required to do so by law or regulation or based on a court / administrative order.
- External service providers: FF Marcuard SA may transfer personal data to service providers and agents appointed by us for a specific purpose: e.g. to provide banking, IT, accounting, logistic and/or telecommunication services.

Such service providers may also be located outside of Switzerland. When transferring personal data within Switzerland or abroad, FF Marcuard SA ensures that service providers will adhere to the applicable laws and regulations to the extent possible and that adequate data protection is provided.

How long will personal data be stored?

FF Marcuard SA will only retain personal data for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory or contractual requirements. To help us do so, we apply criteria to determine the appropriate periods for retaining personal data depending on its purpose (e.g. account maintenance, facilitating client relationship management, responding to legal claims and/or regulatory requests). In general, FF Marcuard SA retains personal data for the entire duration of a business relationship plus ten years since its termination. A more extended retention period might be required in case of an ongoing legal and/or regulatory proceeding.

Rights of the data subject

The data subject has the right to access and obtain information about the purpose for which personal data is processed, stored and information about recipients with whom FF Marcuard SA shares / has shared personal data.

The data subject has the right to ask FF Marcuard SA to rectify inaccurate personal data collected and request restriction of personal data processing while such a request is pending.

The data subject has the right to ask FF Marcuard SA to stop processing personal data or request its personal data erasure. These rights, however, are not determined, as there might be overruling interests (e.g. ongoing legal proceedings) that require the processing of personal data to be continued.

The data subject may have the right under the applicable data protection law to request from FF Marcuard SA that all personal data processed will be transferred to the data subject or a specified other data controller of choice.

Exercising rights and complaints

In case a data subject is not satisfied with any aspect of the processing of personal data by FF Marcuard SA, the data subject can contact us by email at:

info(at)ffmarcuard.com
or via mail at:
FF Marcuard SA
Via Nassa 56
6900 Lugano
Switzerland

In case FF Marcuard SA’s response is not satisfactory, the data subject may file a complaint to the data protection authority in the jurisdiction of domicile or in the jurisdiction where the data subject believes an issue in relation to personal data has arisen.

Security Note

FF Marcuard SA ensures an appropriate level of security while processing personal data. Thereto, we have appropriate technical and organisational measures in place to prevent unauthorised or unlawful access to personal data provided to us. However, complete data security cannot be guaranteed, particularly for communication via e-mail, instant messaging, and similar means of communication. Therefore, we recommend sending any confidential information by alternative secure means.

Further information

FF Marcuard SA processes personal data both in its role as a data controller and a data processor, lawfully, fairly and in particular considering the legitimate purpose for which it is collected.

FF Marcuard SA is committed to keeping personal data accurate and updated. Therefore, in case of personal data changes, please keep us informed of any changes as soon as possible.

Status of this privacy notice

This privacy notice was updated in May 2018. It is a notice explaining what FF Marcuard SA does, rather than a document that binds FF Marcuard SA or any other party contractually. We reserve the right to amend it from time to time. If the notice has been updated, we will take steps to inform you of the update by appropriate means, depending on how we usually communicate with you, such as through your account statement.