Bochsler Finance Solutions (BFS) SA (“BFS”, also referred to as “us” or “we”) care about your privacy. We are committed to maintaining your trust by protecting your personal data.
Before you use our Services, please read this Notice in its entirety, which helps you make informed decisions about your relationship with us. References to “you” in this Notice means anyone who uses our Services, websites, or applications.
BFS may also collect non-personal data or may anonymize personal data in order to make it non-personal. We may collect, store, use and transfer and disclose non-personal data for any purpose.
Personal data we may collect
BFS may collect and process data in relation to the data referred to below with respect to persons using our Services, BFS website, and BFS job applications (careers). In addition to collecting personal data from its clients, including potential clients, BFS may also process personal data about relevant persons using its Services, such as its investment or advisory services, for instance third party agents or intermediaries acting on behalf of prospective or existing investors, co-investors, their beneficial owners, contractors, etc. We may collect this data from several sources, including directly from you, via our affiliates, delegates, partners, service providers, legal professional advisors, distributors, or third-party entities with whom we undertake due diligence checks upon you or publicly available sources.
Where relevant, we may collect and process personal data related to persons associated with you. In such circumstances, it is your responsibility to ensure you have permission from that third party for us to collect their data and you remain responsible for ensuring that the third party understands how their data is being used.
In each case, BFS collects data only insofar as is necessary or appropriate to fulfill the purpose of the person’s interaction with it, in particular to provide its Services. A person can always refuse to supply personal data to BFS; such refusal may however prevent such person from engaging in certain related activities with BFS.
Personal data that we may collect and process includes:
- identification data, such as name(s), address(es), phone number(s), email address(es), business contact information, passport, identification card, tax identification;
- certain personal characteristics, such as your date of birth, or nationality;
- professional information, such as employment and job history, title(s)/function(s);
- financial information, such as financial and credit history information, bank details (e.g. IBAN);
- transaction/investment data, such as current and past investments, investment profile, investment preferences and invested amount, number and value of shares held, role in a transaction (seller/acquirer of shares), transaction details, wealth and tax details;
- user profile/login data, such as username(s) and password(s);
Are your data transferred outside of Switzerland?
Personal data may be transferred to countries outside Switzerland if this is required for the execution of of our contractual obligations, prescribed by law, necessary to safeguard an overriding public interest, or if you have given us your consent (see also “When we may disclose personal data” section below).
Our legal bases and purpose for holding your personal data
Unless specifically stated otherwise in a privacy notice provided to you, BFS uses your personal data in the following ways and based upon the following lawful bases:
- to achieve our legitimate interests (such as for instance electronic communications between you and us, or our affiliates; the provision of information to you (e.g. investment or performance related information), details in order for us to manage and improve our website, for us obtaining and recording details relating to your visit behavior on our website) but always by ensuring that (i) your rights and interests are taken into account, protected, and any privacy impact on you is as minimal as possible, (ii) we are able to demonstrate that your data are used in a proportionate manner in a such way that can be expected by you and you would not object of such use, and (iii) we may lawfully disclose personal data to third-parties where we can demonstrate that this disclosure is justified;
- where we need to perform a contract that we are about to enter into or have entered into with you (this includes where you have asked us to do something before entering into a contract, for example to provide a quote);
- to comply with our legal or regulatory obligations (for instance under any applicable anti-money laundering rules);
- based on reasons of substantial public interest;
- where your personal data is public information as a result of your activity or action;
- explicit consent when required in very limited circumstance.
Do we rely upon profiling or automated decision-making?
As a rule, we may use decision tools for risk or investment purposes; we do not however make decisions based solely on automated processing in order to perform our services. Should we do so, we shall comply with applicable legal and regulatory requirements.
When we may disclose personal data
We may disclose your personal data with the following category of recipients, and based upon the legal bases and purposes set out above (see “Our legal bases and purpose for holding your personal data” section):
- our affiliates, including relevant third-party investment structures that we either manage or advise;
- our partners and service providers, including service providers appointed by the third-party investment structures that we either manage or advise;
- any law enforcement, court, regulator or other government authority in order for us to comply with a legal obligation laid down in relevant applicable regulation, such as Swiss law; this includes the provision of information relating to any affiliate of BFS;
- a prospective buyer of our BFS business, including where we intend to sell part of our business or merge with another third-party.
How and where we store your personal data
We generally store your physically and electronically held personal data in our Swiss premises in secure locations and on secure servers. We may however host or transfer your personal data to our affiliates, partners, or service providers that are based outside of Switzerland or the European Economic Area. In such circumstances, we will ensure that your personal data is adequately protected in accordance with applicable data protection regulations. We take all reasonable steps to protect your personal data; however, where you choose to transmit your personal data to us via the internet, we do not guarantee the security of the personal data transmitted and therefore any transmission is at your own risk. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the website, you are responsible for keeping this password confidential and not sharing it with anyone.
Your rights as a data subject
Where applicable, you may have certain rights under relevant data protection regulations including the right to ask BFS for a copy or update the personal data held about you as well as obtain supporting explanatory information, including in case of automated decision-making. In certain circumstances, you may ask BFS to make any necessary changes to your data to ensure such data is accurate and up to date, ask BFS to erase your personal data, or ask BFS to restrict the processing of the data, or to transfer data collected by BFS to other organizations, or directly to you, at your request. You may also have rights to object to some processing, and where we have asked for your consent to process your data, to withdraw your consent. Where BFS processes your data because it has a legitimate interest in doing so, you may also have the right to object to this. These rights may however be limited in some situations, such as for instance, where BFS can demonstrate that it has a legal requirement to process your data. Where applicable, you may have similar rights in your country under local legislation to access and correct/update your data. If you wish to exercise any of these rights, please contact us (see “How to contact BFS” section below).
How long we retain your personal data
We reserve the right to retain your personal data for as long as we reasonably believe it to be necessary in order to facilitate our legitimate interests, in order for us to comply with our legal or regulatory obligations, where based upon reasons of substantial public interest, or where your personal data remains public information by your own actions. Subject to applicable legal minimum retention periods, your personal data will not be retained for longer than necessary with regard to the purposes and compliance obligations contemplated in this Notice. For further information, you may contact us (see “How to contact us” section below).
Changes to this Notice
BFS may make changes to this Notice at any time and may do so without expressly notifying you of these changes. However, should the legal basis or purpose for processing your personal data changes then BFS will expressly notify you.
How to contact us
Questions or individual data requests relating to this Notice should be addressed to:
Bochsler Finance Solutions (BFS) SA
Rue des amandiers 5, 2000 Neuchâtel, Switzerland