General Terms and Conditions, Terms And Conditions Of Use & Data Protection Provisions

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General Terms and Conditions

These general terms and conditions govern the relationships between customers and MoneyPark Ltd. (“MoneyPark”). In the event of discrepancies or contradictions between these general terms and conditions and the individual advisory agreement, the latter shall take precedence.

1. Scope of services

The scope of the services provided by MoneyPark is determined by the individual advisory agreement with the customer. MoneyPark shall provide the services with diligence, but does not guarantee success.

MoneyPark shall provide the services in accordance with the service description applicable at the time, and reserves the right to modify the content and implementation of services in individual cases, if MoneyPark believes that this will achieve a better resulting service. In such cases, the customer does not have the right to claim a (partial) refund of the fee paid.

2. Communications from MoneyPark

Communications and notifications from MoneyPark shall be considered duly transmitted if they:

a) were sent to the most recent address provided by the customer; or

b) were sent electronically via e-mail to the most recent e-mail address provided by the customer; or

c) were made available on the customer’s online account profile with a corresponding short notification via e-mail; or

d) were sent in accordance with the most recent instruction provided by the customer.

The date of the (electronic) copy or dispatch list held by MoneyPark shall be deemed to be the date of dispatch. Specific instructions regarding addressing or retention of correspondence, statements etc. shall be received by MoneyPark without obligation and responsibility.

3. Customer documents and electronic customer access

The customer is responsible for providing MoneyPark with the correct information and documents to enable MoneyPark to provide its services. MoneyPark is not obligated to check provided information and documents for correctness, and shall bear no responsibility for damages caused by incomplete or incorrect documents.

The customer shall receive electronic access to the customer areas of the MoneyPark website. Use of the customer’s electronic user account is governed by the terms of use, which are available at www.moneypark.ch/en/accounts/login/.

4. Power of disposition

Any signature regulation issued in writing to MoneyPark shall apply exclusively vis-à-vis MoneyPark until a revocation to the same is received in writing, disregarding any contradictory commercial register entries and publications.

5. Transmission errors

The customer shall bear sole risk and responsibility for any damage caused by the use of the postal services, telephone, e-mail, other methods of transmission or forms of conveyance, namely due to loss, irregularities, delays, misunderstandings or duplication.

6. Customer complaints

Any complaints the customer has regarding the services provided by MoneyPark in relation to the agreement must be made immediately, else the provided services shall be considered approved.

In the event that MoneyPark does not provide an expected notification, the customer has the duty to raise a complaint in the same way as if the notification had been issued in the usual course of business using the usual communication channels. Damages arising from a delayed complaint shall be borne by the customer.

7. Contracts and business relationships with financing and processing partners, and outsourcing of services

MoneyPark collaborates with various partners (e.g. banks, online brokers, insurance providers and pension funds) to provide its financing and pension products. The customer enters into separate business relationships with their individually chosen partners, which are independent of MoneyPark. Any amendments to the terms or conditions of these business relationships (e.g. changes to the interest rate of the financing partner) are concluded directly between the customer and the partner. MoneyPark bears no information obligations for these business relationships.

8. Copyright

MoneyPark, or the relevant right holder, retains the copyright and all other intellectual property rights to documents, information, analyses and other protected products that are handed out or made available to the customer. It is prohibited for the customer to share these documents, information, analyses and other protected products outside of their own household, otherwise make them available, or to publish or copy them.

9. Payment terms

Invoices from MoneyPark are to be paid by the customer within 30 days of the invoice date, unless otherwise stated on the invoice. MoneyPark reserves the right to amend its payment terms at any time.

10. Defaults in payment

Once the customer receives their first written or electronic reminder from MoneyPark, they are considered in default. MoneyPark reserves the right to suspend its advisory services until all outstanding sums are paid.

11. Unused services

The customer cannot claim a partial or full refund of the price of, or any other alternative services in place of, any contractual services they have chosen not to use.

12. General disclaimer of liability

MoneyPark provides its services with the diligence customary in business. MoneyPark can only be held liable for direct and immediate, intentional or grossly negligent damages.

13. Specific disclaimers of liability

The following specific disclaimers of liability apply alongside the general disclaimer of liability:

a) Damages arising from the failure to recognize inadequate proof of identity or forgery are borne by the customer to the extent legally possible, provided MoneyPark has not been grossly negligent.

b) MoneyPark’s services within the scope of the advisory agreements do not include legal or tax advice. Calculations of possible savings potential taking into account tax aspects do not constitute tax consulting services. MoneyPark is not obligated to take the tax positions of its customers into account in its investment recommendations and decisions. The customer bears the responsibility to engage the respective advisory services in legal and tax matters independently of their advisory agreement. The customer is responsible for ensuring the correct payment of all taxes that arise from the transactions involving the advised assets, including those tax liabilities linked to the redemption or liquidation of investments or the termination of the advisory agreement.

c) Calculations of possible savings potential taking into account tax aspects (tax simulations) are purely indicative and are based on the legal provisions and reference values applicable at the time of calculation. Future legislative changes and changes in reference values are not taken into account (in particular, potential changes in interest rates or changes in the lending policy of financial institutions). MoneyPark gives no guarantee for the correctness, reliability or completeness of the calculated values and is not liable for damages resulting from the use of this calculation or recommendations (strategies) derived from the same. Decisions and precautions that the customer makes on the basis of the calculation are their own responsibility. Tax simulations are for personal use only and may not be copied, distributed or used for commercial purposes.

d) MoneyPark is not liable for any of the services provided by its partner companies, particularly banking services, legal or tax advice. MoneyPark is also not liable for such services in cases where MoneyPark has suggested their use to the customer during the execution of an advisory agreement.

14. Data protection

MoneyPark processes its customers’ data in accordance with the MoneyPark Data Protection Provisions, which can be accessed at Data Protection Provisions.

15. Amendments to the general terms and conditions

MoneyPark reserves the right to amend its general terms and conditions at any time. Customers shall be notified of changes in writing or via e-mail.

16. Place of fulfillment, applicable law, jurisdiction

The place of fulfillment shall be the MoneyPark headquarters. Customers resident or headquartered outside of Switzerland can be prosecuted at the MoneyPark headquarters (special domicile as per Article 50 (2) of the Swiss Federal Act on Debt Enforcement and Bankruptcy, DEBA).

All legal relationships between the customer and MoneyPark shall be governed by Swiss law.

The place of jurisdiction shall be the MoneyPark headquarters. MoneyPark additionally reserves the right to prosecute customers at their place of residence or in any other competent court.

TERMS AND CONDITIONS OF USE

The following Terms and Conditions of Use are intended to clearly regulate the use of the website of MoneyPark AG Churerstrasse 54, CH-8808 Pfäffikon SZ (hereinafter “MoneyPark”) and the use of MoneyPark’s services. By accessing this website (hereinafter “MoneyPark website”), you recognise the legally binding force of the Terms and Conditions of Use referred to herein.

MoneyPark reserves the right to amend these Terms and Conditions of Use at any time within the scope of legal regulations. The Terms and Conditions of Use on the website shall always apply.

If the customer purchases services from MoneyPark, the General Terms and Conditions of Business valid at that time shall also apply.

1. MoneyPark website content

All of the content or services of the MoneyPark website are for information purposes only. They should, in particular, not be regarded as binding offers for fee-based advisory services unless this is explicitly indicated. No assurances, either explicitly or implied, can be offered with regard to the accuracy, completeness, availability and reliability of the information and services on the MoneyPark website, particularly with regard to safeguarding copyrights and other rights, marketability or suitability for a particular purpose. The information offered on the MoneyPark website does not release the user from the necessity of making their own decisions and assessments. MoneyPark reserves the right to amend all content without prior notice. MoneyPark is not under any obligation to update or keep current the information contained herein.

2. User account registration

Certain functions of the website are only accessible to registered users.

For users that register on the MoneyPark website, MoneyPark has set up password-protected direct access to their user information stored with MoneyPark. Here, users can see at all times the MoneyPark services that they have used and can manage user information. Registered users undertake to treat their personal login details as confidential and not make them available to any unauthorised third parties. MoneyPark assumes no liability for misused passwords.

Electronic access to the customer areas on the MoneyPark website is restricted to an individual user and can be revoked by MoneyPark at any time without stating reasons.

3. Comparative and valuation services

The comparative and valuation services available on the MoneyPark website are for information purposes only. The results of the comparisons or valuations do not constitute advertising, offers or recommendations for buying or using the recommended products or services. MoneyPark, in particular, offers no assurances that the recommended products and services are actually the most suitable for the user.

4. Exclusion of liability

Insofar as permitted by law, MoneyPark and its employees shall not be liable for direct or indirect loss, liability claims, costs, claims, expenses or damages of any sort arising from or relating to the use of this website. This shall also apply to damage caused by slight negligence and in cases where MoneyPark was informed of the possibility of such consequential damage.

5. Links

The MoneyPark website may contain third-party content or services or links to third-party websites. MoneyPark has no control over third-party content, services or websites and takes no responsibility for and does not make any warranties as to such content, services or websites and makes no assurances in this regard. This also includes the accuracy, content, quality or up-to-dateness of such content, services or website. MoneyPark is, in particular, not liable for the third-party content, services or websites nor for websites linking to the MoneyPark website or displaying it in frames.

6. Data protection

The separate privacy policy available on the MoneyPark website, which you accept when you use the website, shall apply with regard to data protection.

7. Intellectual property rights

MoneyPark or the respective rights holder shall retain all rights, title and interest (including copyrights, trademarks, patents and other intellectual property rights as well as other rights) in all information and content (including all text, data, graphics and logos) on the MoneyPark website. Individual pages and/or parts of the MoneyPark website may be printed exclusively for personal or internal use. Without MoneyPark’s prior written consent, users are forbidden to, among other things, wholly or partially change, copy, send, forward, issue, present, reproduce, publish, license or transfer any information, text, graphics, images, video clips, directories, databases or lists originating from the MoneyPark website or use it as a frame in a website, create works derived from this content or use it in any other way for commercial or public purposes. Unless approved by MoneyPark, it is forbidden to systematically retrieve content from the MoneyPark website in order to directly or indirectly compile a collection, database or directory or to link to the MoneyPark website.

8. Contact

Please direct any questions about the website to: info@moneypark.ch

Privacy Notice in accordance with the Federal Data Protection Act (revDSG).

This data protection declaration applies to all persons (each "you") whose data we, MoneyPark AG, process, irrespective of the way in which you contact us, e.g. in a branch, by telephone, by e-mail, a website, etc.. It applies to the processing of both personal data already collected and personal data collected in the future.

You will find out in this data protection declaration, among other things:

  • What personal data we collect and process.
  • For what purposes we use your personal data.
  • Who has access to your personal data.
  • What rights you have with regard to your personal data.
  • How you can contact us.

Table of contents

  1. 1. Type of personal data collected
  2. 2. Purpose of processing personal data
  3. 3. Disclosure of personal data
  4. 4. Exercising your data protection rights
  5. 5. Status of this privacy notice

1. Type of personal data collected

For former and current customers or prospective customers with whom we take steps to enter into a contractual business relationship, we may collect and store the following data (to the extent permitted by applicable law):

  • Personal information such as your name, identification number, date of birth, compliance-related documents (including a copy of your identity card or passport), telephone number, address and residence electronic address and family information such as the name of your spouse, partner or children.
  • Financial information; information about your assets (including property), financial statements, liabilities, tax, income and investments.
  • Tax residency and other tax-related documents and information.
  • Where relevant, education and employment information such as your job title and work experience.
  • Details of our interactions with you and the products and services you use, including information about electronic and physical communications through various channels such as emails and mobile apps.
  • Contracts and mandates with MoneyPark AG
  • Data when accessing our websites or our website applications, which is transmitted by your browser and automatically collected by our server, including the date and time of access, the name of the file accessed as well as the amount of data transmitted and the success of your access, your web browser, the browser language and the domain requested, websites from which the user's system accesses our website, websites accessed by the user's system via our website as well as the IP address (additional data is only collected via our website if your disclosure is voluntary, e.g. as part of a registration or request). e.g. as part of a registration or enquiry).
  • We may use cookies, tracking technologies and other methods (e.g. web beacons, pixels, gifs, tags) to collect and process personal data from different channels and via devices. This includes devices you use on MoneyPark AG websites and platforms.

We may also use personal data for analysis and measurement (including machine learning) to process the above information. This includes profiling based on the processing of your personal data.

2. Purpose of processing personal data

We always process your personal data for a specific purpose and only process data relevant to that purpose. In particular, we process personal data within the framework of the applicable legal provisions for the following purposes:

a) Customer intake procedures.

b) Customer relationship management:

  • To manage our relationship, including communicating with you regarding products and services you have purchased from us, handling customer service related queries and complaints, facilitating debt recovery, credit decisions and decisions regarding your identity.

c) Product provision and execution. For example:

  • To provide products and services to you and for their proper execution.
  • To provide IT solutions to you and ensure proper execution in accordance with your instructions and our contractual agreements with you.

d) Compliance and risk management and/or prevention, detection and investigation of crime.

e) Support, improve and maintain the MoneyPark AG information architecture. For example:

  • For measures to improve our products and services and the technology we use, including reviewing and updating our systems and processes, and for market research purposes to learn how we can improve our existing products and services or what other products and services we can offer.
  • To analyse the results of our marketing activities to measure the effectiveness and relevance of our campaigns.

Where we process sensitive data about you, we do so because:

  • The processing is necessary for the establishment, exercise or defence of legal claims.
  • The processing relates to personal data that you have obviously made public.
  • You have expressly consented to the processing of this information (where permitted by law).

3. Disclosure of personal data

3.1 Service providers

We may pass on personal data to external service providers who are contractually obliged to maintain confidentiality. If MoneyPark AG transfers your data to service providers who process data on behalf of MoneyPark AG, we take measures to ensure that they comply with our data security standards so that your personal data is protected. Service providers, regardless of their location, are required to comply with a range of technical and organisational security measures, including measures relating to: (i) information security management; (ii) information security risk assessment; and (iii) information security measures.

Under no circumstances will personal data be sold to third parties for marketing purposes.

3.2 Partners

Personal data will be disclosed to our partners if this is necessary for the fulfilment of contractual obligations (e.g. application verification or credit check) or if you have given your consent in the context of a transaction.

3.3 Authorities or public bodies

In certain cases, we disclose personal data to public authorities, e.g. supervisory authorities, enforcement authorities or government agencies, courts or parties to proceedings, where disclosure is required by law or other legal provisions, by a code of conduct or by rules of conduct, or if these authorities or agencies request such disclosure or we are obliged to protect our legitimate interests.

3.4 Transfer of personal data abroad

MoneyPark AG stores the data on a server in Switzerland. The recipients of personal data mentioned in section 3.1 may be located in Switzerland or abroad. With the exception of application files which are stored at Workable (USA), the recipients are exclusively companies in the European area which are subject to the GDPR.

4. Exercising your data protection rights

You have the following rights:

  • You can request information about your personal data that we process. You have the right to request from MoneyPark AG a copy of individual or all personal data that we collect from you and process. If you believe that the information we have collected about you is incorrect or incomplete, you may also request that your personal data be corrected.
  • Object to the processing of your personal data.
  • Request the deletion of your personal data.
  • Request a restriction on the processing of your personal data; and/or withdraw your consent if MoneyPark AG has received your consent to process your personal data (this does not affect the lawfulness of the processing of your personal data prior to the withdrawal).

You are entitled to these rights in accordance with the provisions of the Data Protection Act. They are not unconditional as they may not always apply and exceptions may be made. In order to process a request, we will usually ask you to prove your identity and/or provide information that will help us to better understand your request. If we do not comply with your request, we will explain why.

To exercise your above rights, please contact us as follows:
info@moneypark.ch

5. status of this privacy notice

This privacy notice was last updated in September 2023. We reserve the right to change it from time to time.
Please visit the MoneyPark AG website regularly to familiarise yourself with our privacy policy.

Finovo AG data protection declaration

1. The scope of this data protection notice

Finovo AG (hereinafter also referred to as "we", "us") collects and processes personal data concerning you or other persons (so-called "third parties"). We use the term "data" here synonymously with "personal data". Personal data refers to data that relates to specific or identifiable persons (i.e. it is possible to draw conclusions about their identity on the basis of the data itself or with corresponding additional data). "Processing" means any handling of personal data, e.g. obtaining, storing, using, adapting, disclosing and deleting.

In this privacy policy, we describe what we do with your data when you purchase our services or products, are otherwise in contact with us as part of a contract, communicate with us or otherwise have dealings with us. Where appropriate, we will inform you about additional processing activities not mentioned in this Privacy Policy.

If you transmit or disclose data to us about other persons such as family members, work colleagues, etc., we assume that you are authorized to do so and that this data is correct. By transmitting data about third parties, you confirm this. Please also ensure that these third parties are informed about this privacy policy.

This privacy policy is designed to meet the requirements of the EU General Data Protection Regulation ("GDPR") and the Swiss Data Protection Act ("DPA"). However, whether and to what extent these laws are applicable depends on the individual case.
This Privacy Notice applies to the processing of your personal data by us, in particular if you are a current, former or future customer. We always process personal data for a specific purpose and within the applicable legal framework.

2. Type of personal data collected

For interested parties with whom we have not yet made contact, we may collect the following personal data (to the extent permitted by law):

  • Identification information (e.g. name, address, gender, nationality), contact information (e.g. telephone, e-mail address; including information about whether or when you have opened e-mails) and family data (e.g. marital status);
  • Professional profile information (e.g. management/job and professional networks) and company ownership and financial background information.

For former and current customers or prospects with whom we take steps to enter into a contractual business relationship, we may collect the following data (in particular master data and contract data) (to the extent permitted by applicable law):

  • Personal information such as your name, identification number, date of birth, compliance-related documents (including a copy of your ID card or passport), telephone number, address and residence electronic address and family information such as the name of your spouse, partner or children;
  • Financial information, including payment and transaction records and information about your assets (including real estate), financial statements, liabilities, taxes, income and investments;
  • Tax residency and other tax-related documents and information;
  • Where relevant, education and employment information such as your job title and work experience;
  • Details of our interactions with you (Communications Data) and the products and services you use, including information about electronic and physical communications through various channels such as email (including information about whether and when you have opened emails) and mobile applications and by telephone or other means of communication. If we record or listen to telephone conversations or video conferences, e.g. for training and quality assurance purposes, we will make you aware of this. Such recordings may only be made and used in accordance with our internal guidelines. You will be informed if and when such recordings take place, e.g. by a display during the relevant video conference. If you do not wish to be recorded, please let us know or end your participation. If you simply do not wish your image to be recorded, please switch off your camera. If we want or need to establish your identity, e.g. if you request information, we will collect data to identify you (e.g. a copy of an ID card);
  • If applicable, details of the mandate;
  • Identifiers that we assign to you, such as your customer or financing number, including identifiers for accounting purposes;
  • Data when accessing our website or our website applications (technical data) that is transmitted by your browser and automatically collected by our server, including the date and time of access, the name of the file accessed, the amount of data transmitted and the success of your access, your web browser, the browser language and the requested domain as well as the IP address (additional data is only collected via our website if you disclose it voluntarily, e.g. as part of a registration or request). As a rule, such data is used to ensure the functionality and security of our services;
  • We may use cookies, tracking technologies and other methods on our website (e.g. web beacons, pixels, gifs, tags) to collect and process personal data from various channels and devices. This includes devices that you use to access Finovo AG websites, platforms and mobile device applications to obtain information about Finovo AG products or services. Currently, reCaptcha v3 cookies from Google are used for spam protection in the forms.

We may also use personal data for analysis and measurement (including machine learning) to process the above information. This includes profiling based on the processing of your personal data.

In some cases, we collect personal data from publicly available registers, public administration sources or other third party sources, credit reference agencies and fraud prevention agencies.

If relevant in connection with the products and services we provide, we will also collect information about additional account holders, business partners (including other shareholders or beneficial owners), dependants or family members, representatives and agents.

If you are a corporate or institutional client or investor, we will also collect information about your directors and officers. Before you provide this information to Finovo AG, you should provide these persons with a copy of this data protection notice.

3. Purpose of use of your personal data Legal basis

3.1 Purpose of processing personal data

We always process your personal data for a specific purpose and only process data relevant to this purpose. In particular, we process personal data in accordance with the applicable legal provisions for the following purposes:

a) Customer intake procedure. For example:

To confirm your identity and assess your application. To process your personal data and to carry out checks for compliance with legal or regulatory requirements (e.g. to comply with anti-money laundering regulations).

b) Customer relationship management. For example:

To manage our relationship, including communicating with you regarding the products and services you have purchased from us, handling customer service related queries and complaints, facilitating debt collection, making credit decisions and making decisions regarding your identity.

For marketing purposes and relationship management, e.g. to send personalized advertising about our products and services. This may, for example, take the form of newsletters and other regular contacts (electronically, by post, by telephone), via other channels for which we have contact information from you, but also as part of individual marketing campaigns (e.g. events, competitions, etc.) and may also include free services (e.g. invitations, vouchers, etc.). You can reject such contacts at any time or refuse or revoke your consent to be contacted for advertising purposes (see section 3.2).

c) Product provision and execution. For example:

To provide products and services to you and ensure their proper execution, e.g. by ensuring that we can identify you and make deposits and withdrawals from your accounts in accordance with your instructions and the product terms and conditions.

To provide IT solutions to you and ensure their proper execution in accordance with your instructions and our contractual agreements with you, or by supporting your obligations as controller in relation to the storage of personal data, legal and regulatory compliance, audit and review activities and investigations.

d) Compliance and risk management and/or prevention, detection and investigation of crime. For example:

To carry out legal or regulatory compliance checks, in particular as part of the client onboarding process and subsequently at regular intervals (e.g. to comply with anti-money laundering and anti-fraud regulations).

To comply with our ongoing obligations under regulatory and compliance obligations (e.g. financial industry regulations and anti-money laundering and tax laws), including in relation to recording and monitoring communications, applying a risk classification to ongoing business relationships, disclosing data to tax authorities, financial regulators and other regulatory and governmental bodies and to investigate or prevent crime; and to receive and process complaints, inquiries or reports from you or third parties.

To respond to actual or potential inquiries in proceedings, requests or investigations by competent authorities or judicial authorities.

e) To support, improve and maintain the Finovo AG information architecture. For example:

For measures to improve our products and services and the technology we use, including reviewing and updating our systems and processes, and for market research purposes to learn how we can improve our existing products and services or what other products and services we can offer.

To analyze the results of our marketing activities, in particular to measure their effectiveness and relevance.

3.2 Legal basis for the processing of personal data

If you have given us your consent to process your data for specific purposes (e.g. registration to receive newsletters or consent to other regular contacts; consent to automated data processing, where applicable), we will process your data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been given can be withdrawn at any time, but this has no effect on data processing that has already taken place.

4. Protection of personal data

All employees who access personal data must comply with the internal regulations and procedures for processing personal data in order to protect it and ensure its confidentiality.

Finovo AG has also implemented appropriate technical and organizational measures to protect your personal data from unauthorized, accidental or unlawful destruction, alteration or disclosure or unauthorized, accidental or unlawful loss, misuse or access and any other unlawful processing.

5. Disclosure of personal data

5.1 Service providers

We may disclose personal data to external service providers (e.g. IT service providers, third parties involved in the execution or organization of events, providers of support services) who are contractually bound to confidentiality. If Finovo AG transfers your data to service providers who process data on behalf of Finovo AG, we take measures to ensure that they comply with our data security standards so that your personal data is protected. Service providers, regardless of their location, are required to comply with a range of technical and organizational security measures, including measures relating to: (i) information security management; (ii) information security risk assessment, and (iii) information security measures (e.g. physical controls; logical access controls; protection against malware and hackers; data encryption measures; back-up and recovery measures).

The service providers may be located in Switzerland or abroad. If the country in question does not offer adequate statutory data protection, we ensure an adequate level of protection as provided for by law by using appropriate contracts (namely on the basis of the so-called standard contractual clauses of the European Commission) or so-called Binding Corporate Rules or rely on an exemption clause. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

5.2 Authorities or public bodies

In certain cases, we disclose personal data to authorities, e.g. supervisory authorities, enforcement authorities or government agencies, courts or parties to proceedings where disclosure is required by law or other legal provisions, by a code of conduct or by rules of conduct, or if these authorities or agencies request such disclosure or if we are obliged to do so in order to protect our legitimate interests.

6. Duration of the processing of your data

We only process personal data for as long as is necessary to fulfill the purpose for which it was collected or in accordance with legal, regulatory or internal regulations and technical requirements. To this end, we apply criteria to determine the appropriate time limits for the storage of your personal data, which depend on the purpose of the data. There may be exceptions to this general rule.

Where necessary, we will store your data for the duration of the business relationship in accordance with the applicable legal and regulatory requirements. In certain cases, Finovo AG may store and process personal data beyond the termination of the business relationship, in particular for compliance or risk management purposes, to comply with (other) legal and regulatory requirements or if this is in the legitimate interest of Finovo AG.

As a rule, we store your personal data on the basis of statutory provisions for a period of ten years after the closure of your customer relationship, taking into account the statutory limitation period during which claims can be asserted against Finovo AG. Personal data from business relationships that do not materialize will be stored for a maximum of two years. Should you request the deletion of your personal data from our databases, you can submit a request in accordance with section 7 below, which we will then examine as described therein.

7. Exercising your data protection rights

You have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing as well as to the disclosure of certain data for the purpose of transfer to another body (so-called data portability) within the scope of the data protection law applicable to you and insofar as provided therein. You also have the right to withdraw your consent if our processing is based on your consent (see section 4 in particular). However, when exercising your rights, please note that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. Please note that the exercise of these rights may conflict with contractual agreements and this may have consequences such as premature termination of the contract or costs. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights generally requires that you clearly prove your identity (e.g. by means of a copy of your identity card, where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 2.

In certain circumstances, Finovo AG may process your personal data using automated decision-making. Where this takes place, you will be informed about such automated decision-making that uses your personal data and you will receive information about the applicable criteria and procedures. You may request an explanation of any automated decision-making carried out and that a natural person reviews the relevant decision if such a decision is based solely on such processing.

Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

8. Changes to your personal data

In order to keep your Personal Data properly updated and accurate, we may periodically ask you to review and confirm your Personal Data and/or notify us of any changes to your Personal Data.

9. Status and updating of the privacy policy

This Privacy Policy does not form part of any contract with you. We reserve the right to amend it from time to time. Any changes or updates to this notice will be made available to you here.

Please visit the Finovo AG website regularly to familiarize yourself with our data protection information.

10. Responsible body/ contact person

Responsible for the data processing described in this privacy policy is:

Martin Diethelm, Brandschenkestrasse 30, 8001 Zürich
+41 44 512 56 56
datenschutz@finovo.ch

If you have any questions about this privacy policy or other data protection concerns and/or wish to exercise your rights in accordance with section 7, you can contact us at the above addresses.

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