Privacy Notice

We may amend this Privacy Notice from time to time, to reflect any changes in the way that we process your personal data. This Privacy Notice supersedes any previous version of this notice with which you may have been provided or of which you have had sight before the date at the end of the last section of this notice as well as anything to the contrary contained in any agreement with us.

What personal data are collected?

We primarily process personal data (such as name, address, date of birth, national insurance number, account numbers, etc.) that we obtain from our clients and other business partners as well as other individuals in the context of our business relationship with them or that we collect from users when operating our websites, apps and other applications.

To such a degree as it is permitted to us, we also obtain certain data from publicly accessible sources (e.g. debt registers, land registries, commercial registers, press, internet) or we may receive such information from the authorities or other third parties, such as the providers of background checks. Insofar as these third parties are themselves wholly or partly responsible for the processing of these data, their data protection regulations apply additionally.

How and from where (internal or external sources) are personal data obtained?

Apart from data you provided to us directly, the categories of personal data that we receive about you from third parties include, but are not limited to: information from public registers, data received in connection with administrative or court proceedings, information in connection with your professional role and activities (e.g. in order to conclude and carry out contracts with your employer with your assistance), information about you in correspondence and discussions with third parties, credit rating information (where 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 address for deliveries, powers of attorney), information regarding legal regulations such as anti-money laundering and export restrictions, bank details, information regarding insurances, our distributors and other business partners for the purpose of ordering or delivering services to you or by you (e.g. payments made), information about you found in the media or internet (insofar as indicated in the specific case, e.g.in connection with a job applications, marketing/sales, etc.), your addresses and any interests and other socio-demographic data (for marketing purposes), data in connection with your use of the website (e.g. IP address, MAC address of your smartphone or computers, information about your device and settings, cookies, date and time of your visit, site and content retrieved, applications used, referring website, localisation data).

For what purposes are personal data used?

To comply with our legal and regulatory duties

We process your personal data to comply with our legal and regulatory duties, including to:

• comply with regulations dealing with prevention of money-laundering and financing of terrorism;
• comply with regulations relating to sanctions and embargos;
• fight against tax fraud and fulfilment of tax control and notification obligations;
• set up security measures in order to prevent abuse and fraud;
• detect transactions which deviate from normal patterns;
• record, when necessary, our interactions (e.g., our meetings, calls, chats, emails, phone conversations); and
• reply to an official request from an administrative or judicial authority

To perform a contract with you or to take measures at your request before entering into a contract

We process your personal data to enter into and perform our contracts, or to take measures before entering into a contract, including to:

• provide you with information regarding our services;
• assist you and answer your requests; and
• evaluate if we can offer you a service and under which conditions.

 

To fulfil our legitimate interests

We process your personal data in order to develop our services, to improve our risk management and to defend our legal rights, including:

• to prove transactions;
• to prevent fraud;
• to manage our IT infrastructure;
• to train our personnel;
• to personalize our offering of services to you;
• to improve the quality of our services; and
• to advertise services that match with your circumstances and profile.

Who do we share your personal data with?

Financial, tax, administrative or judicial authorities, public bodies or self-regulatory organizations, to the extent permitted by law; and

certain service providers such as lawyers, notaries or auditors

In certain circumstances, we may transfer your personal data to another country.

In case of international transfers to a country for which the competent authority (in Switzerland: the Federal Data Protection and Information Commissioner) has recognized that certain countries provide an adequate level of data protection, your personal data may be transferred on this basis.

In case of international transfers to a country for which the competent authority (in Switzerland: the Federal Data Protection and Information Commissioner) has not recognized that such country provides an adequate level of data protection, we will either

• rely on a derogation applicable to the specific situation (e.g., if the transfer is necessary to perform our contract with you such as when making an international payment) or
• (ii) implement standard contractual clauses (“SCCs“) approved by the competent authority to ensure the protection of your personal data. To obtain a copy of these safeguards or details on where they are available, please contact us.

In case that Amity Partners Sàrl and/or its affiliates administer or provide services to structures/entities that were to be classified as Financial Institutions (FI)according to the Automatic Exchange of Information under the Common Reporting Standard (CRS) and/or as Foreign Financial Institutions (FFI)under the Foreign Account Tax Compliance Act (FATCA), information such as the following about the relevant account holders and controlling persons may be subject to reporting to the relevant tax authorities:

• Name
• Address
• tax residency
• TIN
• date of birth
• account number
• overall balance
• gross payments

How, where and for how long are personal data stored?

Your personal data is stored in Switzerland with a secure third-party IT service provider.

We will retain your personal data for the longer of:

• the period required by applicable law; or
• such other period necessary for us to meet our operational obligations, such as proper client relationship management or responses to legal claims or regulatory requests.

Most personal data collected in relation to a specified client is kept for the duration of the contractual relationship with such client plus a specified number of years after the end of the contractual relationship or as otherwise required by applicable law. If you would like to obtain further information on the time period during which your personal data will be stored or the criteria used to determine that time period, please contact us.

What are your rights and how can you exercise them?

Depending on the data protection laws which apply to your situation, you have the following rights:

• To access: you can obtain information regarding the processing of your personal data and a copy of such personal data;
• To data portability: where legally applicable, you have the right to have the personal data you have provided to us be returned to you or, where technically feasible, transferred to a third party.
• To rectify: where you consider that your personal data is inaccurate or incomplete, you can request that such personal data be modified accordingly;
• To erase: you can request the deletion of your personal data, to the extent permitted by law;
• To restrict: you can request the restriction of the processing of your personal data;
• To withdraw your consent: where you have given your consent for the processing of your personal data, you have the right to withdraw your consent at any time;
• To object: you can object to the processing of your personal data, on grounds relating to your particular situation. You also have the right to complain to a regulatory authority about our processing of your personal data.
• You have the absolute right to object to the processing of your personal data for direct marketing purposes, which includes profiling related to such direct marketing;

Even if you object to the processing of personal data, we are nevertheless allowed to continue the same if the processing is (i) legally mandatory, (ii) necessary for the performance of a contract to which you are a party, (iii) necessary for the performance of a task carried out in the public interest or (iv) necessary for the purposes of our legitimate interests (e.g., the establishment, exercise or defense of legal claims). As indicated, we will not, however, use your personal data for direct marketing purposes if you ask us not to do so.

If you require further information, or if you wish to exercise the rights listed above, please contact us at the address provided below.  In accordance with applicable regulation, in addition to your rights above, you are also entitled to lodge a complaint with the competent supervisory authority.

Cookies

Our website uses cookies. A cookie is a small file of letters and numbers that are placed on your computer with your permission. These cookies allow us to distinguish you from other users of the website, which helps us to provide you with a better experience when you browse our website and to improve our website. For this purpose, we may also share cookies with third parties.

We use cookies to personalize the content that you see when you browse our website and to analyse website traffic. In addition, we may share information about your use of our website with our advertising and analytics partners, who may compile it with other data you provide to them or that they may collect if you use their services. Your continued use of our website constitutes acceptance of our cookies.

The cookies we use are:

Analytical/Performance Cookies: these allow us to recognize and count the number of visitors and see how visitors move through our website as they use it. This helps us to improve the operation of our website, for example, by ensuring that users can easily find what they are looking for.

Functional cookies: these are used to recognize you when you return to our website. This allows us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).

Targeting cookies: these cookies record your visit to our website, the pages you visit and the links you follow. We will use this information to make our website more relevant to your interests. For this purpose, we may also share this information with third parties.

 

Contacts

Amity Partners Sàrl, 118 rue du Rhône 1204 Geneva, Switzerland, Tel +41 22 735 4980 is the “controller” of the data being processed.

Amity Sàrl Data Protection Officer: DPOAmity@andrewh461.sg-host.com

Data Protection Authorities in Switzerland:

Office of the Federal Data Protection and Information Commissioner FDPIC

Feldeggweg 1

CH – 3003 Berne

Switzerland

Website: https://www.edoeb.admin.ch/edoeb/en/home.html

For purposes of EU-GDPR rules, art.13, our representative in the EU is:

Rickert Rechtsanwaltsgesellschaft mbH

– Amity Partners Sàrl –

Colmantstraße 15

53115 Bonn

Germany

art-27-rep-amitypartners@rickert.law

For purposes of UK-GDPR rules, art.13, our representative in the UK is:

Rickert Services Ltd UK

– Amity Partners Sàrl –

PO Box 1487

Peterborough

PE1 9XX

United Kingdom

art-27-rep-amitypartners@rickert-services.uk

 

DEFINITIONS

Consent: of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Data Controller: the person or organisation that determines when, why and how to process Personal Data (in this case Amity Partners Sàrl)

 

Data Processor: means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

 

Data Protection Laws means the EU/UK GDPR, the Swiss New Federal Act on Data Protection (nFADP).

 

Data Subject means the person to whom the Personal Data relates.

DPO means the Data Protection Officer, the primary role of the DPO is to ensure that the organisation processes the personal data of its staff, customers, providers or any other individuals (also referred to as data subjects) in compliance with the applicable data protection rules.

 

GDPR means the EU and UK General Data Protection Regulation 2016/679.

Personal Data under the Data Protection Laws means any information that identifies or could identify you. In certain jurisdictions it is referred to as ‘personal information’.

Processing means any operations performed on Personal Data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Profiling: means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Representative: means a natural or legal person established in the EU or UK who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation.

Special Category Data means Personal Data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, genetic and biometric data (when processed to identify an individual uniquely), data concerning health, sex life or sexual orientation, criminal records or alleged criminal conduct.

PN V1.1 November 2023