Important disclaimer

Data protection statement

Preamble

To meet the needs of our business, we process information and personal data about you and/or any person related to you (“Related Person” and together the “Data Subjects“).

A Related Person is a person about whom you or a third party provides us with information and/or whom we otherwise become aware in connection with our business relationship. A Related Person may be – (i) the director, officer or employee of a company, (ii) the trustee, settlor or protector of a trust, (iii) the nominee or beneficial owner of an account, (iv) the holder of a substantial interest in an account, (v) the holder of control, (vi) the recipient of a specific payment, (vii) the representative or agent (i.e. the person with power of attorney or authority to act on behalf of a third party), (viii) the beneficiary of a specific payment, (ie.i.e. the person with power of attorney or right of information over an account, the holder of an e-banking access right), or (viii) an employer or subcontractor.

We carry out this processing within the framework of existing business relationships, business relationships with potential customers and also within the framework of the use of our website.

We are therefore responsible for processing your personal data.

As such, we are subject to certain obligations of confidentiality and/or secrecy, e.g. arising from legal provisions governing data protection, contracts, professional secrecy, as the case may be.

This data protection statement (“Statement”) describes how we process personal data, i.e. how we collect, use, store, transmit and handle or otherwise deal with the operations collectively referred to in this document as “Processing“. This Statement does not replace our General Terms and Conditions, which continue to apply.

We may process your personal data directly, for example when Data Subjects contact us or through (pre)contractual documentation sent to us directly and/or indirectly, using third parties who process personal data on our behalf (“Subcontractors“) or via other external sources, in particular publicly available sources (e.g. United Nations or European Union sanctions list, US Office of Foreign Assets Control Specially Designated Nationals list), information available through subscription services (e.g. information provided by the United States Office of Foreign Assets Control), information provided by third parties who process personal data on our behalf (“Subcontractors“) or via other external sources. e.g. United Nations or European Union sanctions list, US Office of Foreign Assets Control list of Specially Designated Nationals), information available through subscription services (e.g. Bloomberg, World Check list of politically exposed persons) or information provided by third parties.

We kindly ask you to contact all persons related to you and to forward this Declaration to them.

If you have any questions about this Statement, your data controller or, more generally, the processing of your personal data (or that of related Persons), you can contact us at info@weisshorn-am.com.

Personal data collected

Personal data includes any information relating to an identified or identifiable natural person, or as defined in the applicable legal provision.

The personal data of Data Subjects that we process may be based on the following principal legal bases, it being understood that it may also be based, cumulatively, on other legal bases mentioned.

On the legal basis of contractual performance, including pre-contractual performance:

identification data, e.g. name, address, telephone number, e-mail address, business details;
personal characteristics, e.g. date of birth, country of birth;
professional information, e.g. job and work history, title, professional skills, powers of attorney;
financial information, e.g. financial and credit history, bank details, extracts from the debt collection and bankruptcy register;
transaction/investment data, e.g. current and past investments, pro fil d’investissement, investment preferences and amount invested, number and value of shares held, role in a transaction (seller/buyer of shares), transaction details;

On the legal basis of legal and regulatory obligations :

identifiers issued by public bodies, e.g. passport, identity card, tax identification number, national insurance number, social security number, work permit;
reputational and background checks;
your investment knowledge and experience;
any recording of telephone calls;

On the basis of our legitimate interest :

certain cookie-related information, e.g. cookies and similar technologies on websites and in e-mails (see our Cookie Policy);

Purposes of processing

The purposes for which we collect personal data (the “Purposes“) may be based on the main legal bases set out below, it being understood that they may also be based cumulatively on other legal bases already mentioned.

The provision of personal data may be compulsory, e.g. in connection with the fulfilment of legal and regulatory obligations to which we are subject.

Thus, we also collect and process personal data relating to compliance with legal and regulatory obligations to which we are subject, in particular in order to:

to provide documentation on an offer of products and services to the Persons concerned;
comply with legal obligations relating to accounting and ensure compliance with market legislation on financial instruments, subcontracting, foreign business and qualifying shareholdings;
conduct regular audits and/or reviews of you and your Affiliates;
cooperate in any other way with the relevant authorities, supervisory bodies, police forces and any other public authorities (e.g. in the fight against money laundering and the financing of terrorism (“AML“);
to prevent fraud, active or passive corruption and the provision of financial and other services to persons subject to permanent economic or trade sanctions, in accordance with our internal procedures, and to keep AML reports and other reports required for detection purposes;
active risk management, whereby market, credit, default, process, liquidity and image risks, as well as operational and legal risks, are identified, limited and controlled;
record conversations with Data Subjects on a cloud-hosted solution (e.g. telephone and electronic communications), in particular with a view to documenting and verifying instructions or detecting potential or actual fraud and other offences.

Personal data may also be processed in connection with our legitimate interests:

to evaluate certain characteristics of Data Subjects on the basis of automatically processed personal data (“profiling”);
develop our business relationship with you;
improve the quality of our services, our internal sales organization and our operational activities, in order to assess risk and make economically relevant risk management decisions;
to establish, exercise and/or defend actual or potential rights in legal actions, investigations or similar proceedings;
record images (e.g. video surveillance) to ensure the safety of people, assets, property and buildings, as well as critical IT infrastructures and systems.

If one or more of our Personal Data Processing Operations requires your prior consent, we will contact you in good time and you will have the right to withdraw your consent at any time by contacting your manager.

Profiling

We may assess certain characteristics of Data Subjects on the basis of automatically processed personal data (profiling) in order, in particular, to provide them with personalized offers and advice or information on our products and services or those of our business partners. We may also use technologies that enable us to identify the level of risk associated with a Data Subject or account activity.

We generally do not use automated decision-making in connection with the business relationship and/or Data Subjects. If we do so, we will comply with applicable legal and regulatory requirements.

Data sharing

We reserve the right to disclose or make available personal data to the following recipients, insofar as this is legally or otherwise permitted or required:

public/governmental authorities, courts, competent authorities (e.g. financial supervisory authorities) or financial market participants (e.g. third-party or central depositories, brokers, stock exchanges and registries);
auditors or legal and/or compliance advisors;
third parties, such as credit card associations and other providers of card payment and platform services, issuers of securities (including third parties appointed by them) in which you have an interest, where such securities are held by banks for you, clearing houses, clearing or settlement systems and specialized payment companies or institutions such as Swift, market counterparties ;
service providers who are contractually bound to confidentiality, such as hardware and software suppliers, providers of compliance and risk management services, logistics services, couriers and messengers, facilities management companies and market data service providers.

When we transfer your data to third parties, we take steps to ensure that they meet our data security standards, so that your personal data is secure.

Transfer of data outside our jurisdiction

We do not transfer your data outside our jurisdiction.

Your data protection rights

You can exercise your rights listed below free of charge, by contacting us at the above address (see Preamble):

request access to the personal data we hold;
request rectification or deletion of inaccurate personal data;
request the deletion of personal data when its processing is no longer necessary to achieve the purposes, or is not or is no longer lawful for other reasons, subject however to the applicable retention periods and our legal and/or regulatory obligations;
request a restriction on the processing of personal data whose accuracy is disputed, if the processing is unlawful or if the Data Subjects have objected to the processing;
withdraw your consent at any time if the processing of your personal data is based on your consent;
object to the processing of personal data, in which case we will no longer process the personal data, unless an exception applies;
to provide you with personal data in electronic format where the data has been processed automatically and the processing has required your consent or is directly related to the conclusion or performance of a contract;
lodge a complaint about data processing with the Federal Data Protection and Information Commissioner (“FDPIC“).

If a Data Subject objects to the processing of personal data, we are entitled to continue such processing if it is (i) legally required,(ii) necessary for the performance of the contract to which the Data Subject is a party, or (iii) necessary for the purposes of legitimate interests pursued by us, including the establishment, exercise or defense of legal claims. We will not, however, use the Data Subject’s personal data for direct marketing purposes if the Data Subject asks us not to do so.

Shelf life

We retain Personal Data only for as long as is necessary to fulfil the purpose for which it was collected or to comply with our legal, regulatory or internal policy requirements. In general, although there may be exceptions, we retain your data for the duration of our business relationship, subject to applicable legal and regulatory requirements. In addition, we may process your data after the end of our business relationship for compliance or risk management purposes in accordance with applicable laws as well as various retention and documentation obligations or where it is in our legitimate interest to do so. That said, we retain personal data for the duration of the business relationship, contract plus 10 years, reflecting the length of time during which legal action may be taken following the termination of such business relationships or contracts.

Changes to your personal data

We are committed to keeping your Personal Data accurate and up to date. Therefore, if your Personal Data changes, please inform us as soon as possible.

The information, documents and opinions contained and described on this website are for information purposes only and may not be considered as a solicitation, offer or recommendation to sell or buy any security, to influence any transaction or to enter into any contractual relationship.

In particular, no information, document or opinion (including positioning) indicated on this website concerning services or products may constitute or be considered as an offer or solicitation to sell or buy (i) securities, including units in collective investment schemes and/or structured products, or (ii) any other financial instrument and/or an offer of financial services (including investment advice and/or asset management) in any jurisdiction where such offer or solicitation is prohibited by law or where the person making such offer or solicitation does not possess a license or regulatory authorization to do so, or where such offer or solicitation contravenes local regulations. Any such prohibited offer or solicitation shall be deemed null and void and Weisshorn Asset Management SA will disregard any communication received in this regard.

All users of this website are required to inform themselves in advance of any legal requirements, terms and conditions applicable to the acquisition of products mentioned on this website. Although Weisshorn Asset Management SA endeavours to ensure that the information on this website is kept up to date, it cannot be held liable for any loss or damage resulting from the use of information on this website, and does not guarantee in any way, either explicitly or implicitly, the accuracy, reliability, up-to-dateness or completeness of the information contained on this website.

By accessing this site, each user fully discharges and releases Weisshorn Asset Management SA, including its employees and representatives, from any and all liability, claims or demands of any nature whatsoever, arising from direct or indirect damages, whether foreseeable or unforeseeable.

In no event shall Weisshorn Asset Management SA be liable for any direct or indirect loss resulting from access or lack of access to, or failure to use, the website, and in particular the section reserved for Weisshorn Asset Management SA customers.

The content (text, images, sound and video) of this website is the exclusive property of Weisshorn Asset Management SA or is subject to a license of use. No part of this publication may be translated, reproduced, represented or adapted in any form or by any means (graphic, electronic or mechanical, including photocopying and microfilming) or stored in any form without the express written permission of Weisshorn Asset Management AG.

Weisshorn Asset Management AG does not act as an agent, representative, employee or mandatary of the custodian banks mentioned on its website. Weisshorn Asset Management AG has entered into a tripartite agreement authorizing it to process stock market orders through its clients’ custodian banks. The banks act solely as custodians of clients’ assets and cannot be held responsible for the past or future performance of Weisshorn Asset Management SA clients’ portfolios. Mention of custodian banks on this website is for information purposes only. The custodian banks of Weisshorn Asset Management SA clients may vary over time. The list of custodian banks on this website is not exhaustive.