Privacy Policy for Investors in the Avadis Vermögensbildung SICAV

The responsible handling of your personal data is a key concern for us. All data relating to your person is processed by us in accordance with the applicable data protection legislation, in particular the provisions of the Swiss Federal Data Protection Act (FADP).

In the following, “personal data” refers to all information relating to an identified or identifiable natural person (e.g. name, date of birth, email address). The “processing” of personal data includes, for example, the collection, storage, retention, use, modification, disclosure, archiving, deletion or destruction of personal data.

1. Scope of this Privacy Policy

The following Privacy Policy of Avadis Vermögensbildung SICAV (hereinafter referred to as “Avadis SICAV”, “we” or “us”) describes for our investors, interested parties or third parties (hereinafter collectively referred to as “investors” or “you”) how we collect and process personal data in connection with our services.

2. Controller responsible for the processing of your personal data

The following controller is responsible for the processing of your personal data in accordance with the applicable data protection legislation: Avadis Vermögensbildung SICAV, c/o Avadis Vorsorge AG, Zollstrasse 42, 8005 Zurich

If you have any questions or feedback regarding data protection or the processing of your personal data, please contact us by email using the following contact options: sicav.datenschutz@avadis.ch

3. Collection and processing of personal data

The personal data collected and processed includes, among other things:

  • data about you such as name, date of birth, documents relating to compliance (including a copy of your identity card or passport), telephone number, email addresses, address and place of residence;

  • if applicable, professional details about yourself, e.g. your job title, employer, position and title as well as other background information and data required for onboarding;

  • identifiers that we assign to you, such as your investor, business relationship, contract, partner or account number, including identifiers for accounting purposes;

  • financial information, including sales reports, payment and transaction records;

  • information that you provide to us or that we generate for you as part of a service;

  • information about interactions with you and the products and services you use.

We also process personal data that you have provided to us as part of a pre-contractual contact or other enquiry (e.g. name, contact details, information about the services you have requested and the personal data you have provided in connection with this, etc.).

4. Purpose of data processing

In accordance with the applicable data protection laws, Avadis SICAV may process personal data in particular for the following purposes:

  • provision of services, preparation, execution and fulfilment of offers, contracts and transactions;

  • maintaining and developing investor and other business relationships;

  • secure communication with you;

  • development, operation, management and maintenance of our infrastructure, e.g. IT infrastructure and other systems;

  • as part of reviews of our activities, performance and services and for risk management;

  • preparation of events, promotions, advertising and marketing;

  • compliance with legal and regulatory requirements and the internal rules of Avadis SICAV.

If you contact us by email, the personal data you provide will be stored automatically. Such personal data transmitted on a voluntary basis is stored for the purpose of processing or contacting you. This personal data will not be passed on to third parties.

5. Recipients of personal data

Avadis SICAV takes the necessary measures to ensure that only authorised personnel and auxiliary persons who have the necessary knowledge have access to your personal data in order to fulfil the purposes for which your personal data was collected.

We may disclose your personal data to the following possible categories of recipients within the scope of the processing purposes described above, insofar as this is necessary for the intended data processing:

  • service providers or other business partners who process personal data on behalf of and on the instructions of Avadis SICAV (so-called processors, e.g. in the IT sector);

  • custodian bank with which Avadis SICAV works;

  • other third parties (lawyers, accountants, auditors);

  • authorities and courts, if required by law.

We select our service providers and processors carefully and only if we are certain that they have appropriate technical and organisational measures in place that meet the legal requirements. Our processors may only process personal data on our documented instructions. They are subject to a duty of confidentiality and may only use your personal data to the extent necessary to fulfil the purpose for which your personal data was collected, unless further processing is required by law.

The custodian bank Bank Lombard Odier & Co Ltd, with address Rue de la Corraterie 11, 1204 Geneva, processes your personal data in the role of an independent controller.

6. Disclosure abroad

The personal data collected about you will generally be stored and processed by us within Switzerland and the EEA (European Economic Area). If it is necessary to transfer your personal data to a country outside the EEA, we can only do so if this is necessary for the data processing described in this Privacy Policy and is in accordance with the applicable data protection legislation.

Where recipients are located in a country that lacks adequate data protection, we require the recipient by contract to comply with the applicable data protection laws. To this end, we use the revised standard contractual clauses of the European Commission approved and adapted by the Swiss supervisory authority, the Federal Data Protection and Information Commissioner (FDPIC), unless the recipient is already subject to a set of regulations recognised by law to ensure data protection and we can invoke an exemption clause. Such exemption may apply specifically in the case of legal proceedings abroad, but also in cases of overriding public interest or if the performance of a contract requires such disclosure, if you have given your consent or if you have made the data generally accessible and have not objected to its processing.

7. Period of data retention

Avadis SICAV processes and stores your personal data for as long as this is necessary to fulfil the above-mentioned purposes. Thereafter, your personal data will generally be deleted or anonymised. However, your personal data may continue to be processed beyond this period, for example due to statutory retention obligations or for the period during which claims can be asserted against Avadis SICAV. The retention period is largely determined by the statutory limitation periods or the period during which claims can be asserted against Avadis SICAV.

8. Your rights

If and to the extent provided for under applicable data protection law, you have the following data protection rights that you can assert:

  • you have the right to request information about what personal data we have stored about you, how we use it, to whom we disclose it and where we obtained your data (right of access);

  • you have the right to ask us to correct information that you believe is inaccurate. You also have the right to ask us to complete information that you consider to be incomplete (right to correction);

  • you have the right to ask us to delete your personal data under certain circumstances (right to deletion);

  • you have the right to request that we restrict the processing of your data under certain circumstances (right to restriction of processing);

  • you have the right to object to the processing of your data if the processing is not in our legitimate interest (right to object);

  • in certain circumstances, you have the right to request that we transfer the data you have provided from Avadis SICAV to another organisation or make it available to you (right to data portability or transfer). This right only applies if we process data on the basis of your consent or in discussions about the conclusion of a contract and the processing is automated;

  • if your personal data is processed on the basis of consent, you have the option of withdrawing this consent (right to withdraw consent);

  • if Avadis SICAV makes an automated individual decision that may have legal consequences for you, you have the right to speak to a representative of Avadis SICAV and request a review of this decision. In this case, you would no longer be able to use certain automated services.

We do not carry out automated decision-making or high-risk profiling in the normal course of business.

Enquiries and requests in connection with these rights or other questions relating to data protection should be addressed to the contact details listed in section 2. We reserve the right to restrict your rights to the extent permitted by law and, for example, not to delete personal data or not to provide complete information.

9. Data security and security of electronic communication

Avadis SICAV takes appropriate technical and organisational security precautions to protect your personal data against manipulation, loss, destruction or access by unauthorised persons. These measures are based on international standards and are regularly reviewed and, if necessary, adapted accordingly.

Please note that electronic communication (e.g. via email) is generally not encrypted. Data can be intercepted and manipulated or lost by third parties. Although Avadis SICAV takes appropriate technical and organisational security measures to protect your data within the systems of Avadis SICAV, your end device (computer, smartphone, etc.) and the transmission of information via the Internet are outside the security area that can be controlled by Avadis SICAV. As a user of the Internet, it is your responsibility to inform yourself about the necessary security precautions and to take appropriate measures (e.g. up-to-date virus protection, etc.). If you do not communicate with Avadis SICAV via secure means of communication, you must be aware of the risks associated with this means of communication and bear them. The liability of Avadis SICAV is excluded in this context to the extent permitted by law.

10. Subject to change

We reserve the right to amend, supplement or otherwise change this Privacy Policy at any time and without giving reasons. The current Privacy Policy as published on the website applies.