EVOO Capital appreciates your visit to this website and your interest in our services and products. Your privacy is of utmost importance to us. To understand how EVOO Capital processes your personal data, please consult the documents outlined below.
WHO WE ARE
The responsible entity for processing EVOO Capital is Swiss Investment Management SA, registered at 15 Boulevard Helvétique, 1207 Geneva, Switzerland; EVOO Capital and Swiss Investment Management can be used interchangeably. Swiss Investment Management SA intends to apply the most restrictive principles and standards with respect to the protection of personal data. All personal data and information provided in relation to our service will be processed lawfully, fairly, transparently, and confidentially.
Our official website address is: www.evoocapital.com, where you will find all relevant information. If you would like to reach us, you can use the following email address: email@example.com.
- EVOO Capital in Switzerland also referred as Swiss Investment Management SA, will, depending on the product or service we provide to you (if any), collect and process personal data about you including:
personal details such as your name, identification number, date of birth, KYC documents (including a copy of your national identity card or passport), phone number physical and electronic address, and family details such as the name of your spouse, partner, or children;
- financial information, including payment and transaction records and information relating to your assets (including fixed properties), financial statements, liabilities, taxes, revenues, earnings and investments (including your investment objectives);
- where applicable, tax domicile and other tax-related documents and information;
- where applicable, professional information about you, such as your job title and work experience;
- your knowledge of and experience in investment matters;
- details of our interactions with you and the products and services you use;
- any records of phone calls between you and EVOO Capital;
- where applicable, details of your nomination of a mandate;
- identifiers we assign to you, such as your client or account number;
- when you access our Website, data transmitted by your browser and automatically recorded by our server, including date and time of the access, name of the accessed file as well as the transmitted data volume and the performance of the access, your web browser, browser language and requesting domain, and IP address (additional data will only be recorded via our Website if their disclosure is made voluntarily, e.g. in the course of a registration or request). When you visit EVOO website, that website will contain additional information about how we use your information while you are visiting that website; and
- in some cases (where permitted by law), special categories of personal data, such as your biometric information, political opinions or affiliations, health information, racial or ethnic origin, religious or philosophical beliefs, and, to the extent legally possible, information relating to criminal convictions or offences. In some cases, we collect this information from public registers (which, depending on the product or service you receive, may include beneficial ownership and other registers), public administration or other third-party sources, such as wealth screening services, credit reference agencies, fraud prevention agencies and other EVOO Capital entities.
If relevant to the products and services we provide to you, we will also collect information about your additional card holders or account holders, business partners (including other shareholders or beneficial owners), dependents or family members, representatives, and agents. Additionally, where you are an institutional or corporate client or investor, we will also collect information about your directors, employees or shareholders. Before providing EVOO Capital with this information, you should provide a copy of this notice to those individuals.
ON WHICH LEGAL BASIS AND FOR WHICH PURPOSES WE PROCESS PERSONAL DATA
Legal Basis for processing
Depending on the purpose of the processing activity, the processing of your personal data will be one of the following:
- necessary for the legitimate interests of EVOO Capital, without unduly affecting your interests or fundamental rights and freedoms (see below);
- necessary for taking steps to enter into or executing a contract with you for the services or products you request, or for carrying out our obligations under such a contract, such as when we use your data for some of the purposes,
- required to meet our legal or regulatory responsibilities, including when we conduct the checks and make the disclosures to authorities, regulators and government bodies,
- in some cases, necessary for the performance of a task carried out in the public interest;
- when we use special categories of personal data, necessary for establishing, exercising or defending legal claims or where the processing relates to personal data manifestly in the public domain; and
- in limited circumstances, processed with your consent which we obtain from you from time to time (for instance where required by laws), or processed with your explicit consent in the case of special categories of personal data.
Examples of the ‘legitimate interests’ referred to above are:
- exercising our rights under Articles 26 and 27 of the Federal Constitution of the Swiss Confederation, including our freedom to conduct a business and right to property;
- when we make the disclosures, providing products and services and assuring a consistently high service standard across EVOO Capital and its affiliates, and keeping our customers, employees and other stakeholders satisfied.; and
- meeting our accountability and regulatory requirements around the world,
in each case provided such interests are not overridden by your privacy interests.
Any consent EVOO Capital has obtained to process ordinary personal data does not apply for the purposes of the EU General Data Protection Regulation 2016/679 (“EU GDPR”). Instead, for the purposes of the EU GDPR, EVOO Capital relies on the lawful grounds of compliance with a legal obligation, contractual necessity or legitimate interests (as specified in this notice) and EVOO Capital’s ability to rely on any such consent for the purposes of the EU GDPR is hereby waived or extinguished. For the avoidance of doubt, any consent given for any other reason, for instance (and if applicable) compliance with the Federal Act on Data Protection or the banking secrecy provision of the Swiss Federal Act on Banks and Savings Banks remains unaffected by this paragraph.
Where the personal data we collect from you is needed to meet our legal or regulatory obligations or enter into an agreement with you, if we cannot collect this personal data there is a possibility we may be unable to onboard you as a client or provide products or services to you (in which case we will inform you accordingly).
Purposes of processing
We always process your personal data for a specific purpose and only process the personal data which is relevant to achieve that purpose. In particular, we process personal data for the following purposes:
a) client on-boarding processes, including to verify your identity and assess your application (including the need for guarantees or other securitisation tools) if you apply for credit, and to conduct legal and other regulatory compliance checks (for example, to comply with anti-money laundering regulations, and prevent fraud);
b) providing products and services to you and ensuring their proper execution, for instance by ensuring that we can identify you and make payments to and from your accounts in accordance with your instructions and the product terms;
c) managing our relationship with you, including communicating with you in relation to the products and services you obtain from us and from our business partners, handling customer service-related queries and complaints, facilitating debt recovery activities, making decisions regarding credit or your identity, tracing your whereabouts, and closing your account (in accordance with applicable law) if it remains dormant and we are unable to contact you after a period of time;
d) helping us to learn more about you as a customer, the products and services you receive, and other products and services you may be interested in receiving, including profiling based on the processing of your personal data, for instance by looking at the types of products and services that you use from us, how you like to be contacted and so on;
e) taking steps to improve our products and services and our use of technology, including testing and upgrading of systems and processes, and conducting market research to understand how to improve of our existing products and services or learn about other products and services we can provide;
f) contacting you for direct marketing purposes about products and services we think will be of interest to you, including those offered by us, EVOO Capital and its affiliates, and our other business partners, and facilitating competitions and promotions;
g) meeting our on-going regulatory and compliance obligations (e.g. laws of the financial sector, antimoney-laundering and tax laws), including in relation to recording and monitoring communications, disclosures to tax authorities, financial service regulators and other regulatory and governmental bodies, and investigating or preventing crime;
h) ensuring the safety of our customers, employees and other stakeholders;
i) undertaking transactional and statistical analysis, and related research;
k) for the EVOO Capital’s prudent operational management (including credit and risk management, insurance, audit, systems and products training and similar administrative purposes); and
l) any other purposes we notify to you from time to time
WHO WE SHARE YOUR DATA WITH
With EVOO Capital and its affiliates
We usually share personal data with EVOO Capital and its affiliates in order to ensure a consistently high service standard across our entities, and to provide services and products to you.
When providing products and services to you, we will share personal data with persons acting on your behalf or otherwise involved in the transaction (depending on the type of product or service you receive from us), including, where relevant the following types of companies, when applicable:
- a party acquiring interest in, or assuming risk in or in connection with, the transaction (such as an insurer);
- companies in which you have an interest in securities where such securities are held by the bank for you;
- payment recipients, beneficiaries, account nominees, intermediaries, and correspondent and agent banks;
- clearing houses, and clearing or settlement systems; and specialised payment companies or institutions such as SWIFT;
- (if you hold a credit card with us) credit card associations, and other card payment and platform providers;
- market counterparties;
- upstream withholding agents;
- swap or trade repositories;
- stock exchanges;
- other financial institutions, credit reference agencies or credit bureaus (for the purposes of obtaining or providing credit references);
- any third-party fund manager who provides asset management services to you; and
- any introducing broker to whom we provide introductions or referrals.
In some instances, we also share personal data with our suppliers, including EVOO Capital affiliates and other business partners who provide services to us, such as IT and hosting providers, marketing providers, communication services and printing providers, debt collection, tracing, debt recovery, fraud prevention, and credit reference agencies, and others. When we do so we take steps to ensure they meet our data security standards, so that your personal data remains secure.
Public and Regulatory Authorities
If required from time to time, we disclose personal data to public authorities, regulators or governmental bodies, including when required by law or regulation, under a code of practice or conduct, or when these authorities or bodies require us to do so.
If our business is sold to another organisation or if it is re-organised, personal data will be shared so that you can continue to receive products and services. We will usually also share personal data with prospective purchasers when we consider selling or transferring part or all of a business. We take steps to ensure such potential purchasers keep the data secure.
We may need to disclose personal data to exercise or protect legal rights, including ours and those of our employees or other stakeholders, or in response to requests from individuals or their representatives who seek to protect their legal rights or such rights of others.
HOW LONG WE RETAIN YOUR DATA
We will only retain personal data for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. To help us do this, we apply criteria to determine the appropriate periods for retaining your personal data depending on its purpose, such as proper account maintenance, facilitating client relationship management, and responding to legal claims or regulatory requests.
YOUR RIGHTS OVER YOUR DATA
You have a right to ask EVOO Capital to rectify inaccurate personal data we collect and process and the right to request restriction of your personal data pending such a request being considered.
Where we process your personal data on the basis of your consent, you have the right to withdraw that consent at any time. Please also note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
You have a right to ask us to stop processing your personal data, or to request deletion of your personal data – these rights are not absolute (as sometimes there may be overriding interests that require the processing to continue, for example), but we will consider your request and respond to you with the outcome. When personal data are processed for direct marketing purposes, your right to object extends to direct marketing, including profiling to the extent it is related to such marketing. You may object to direct marketing by contacting us at the address: firstname.lastname@example.org.
Where we process your personal data on the basis of your consent, or where such processing is necessary for entering into or performing our obligations under a contract with you, you may have the right under applicable data protection laws to request your personal data be transferred to you or to another controller. You have the right to ask EVOO Capital for a copy of some or all of the personal data we collect and process about you.
In certain circumstances EVOO Capital may process your personal data through automated decision-making, including profiling. Where this takes place, you will be informed of such automated decision-making that uses your personal data, be given information on the logic involved, and be informed of the possible consequences of such processing. In certain circumstances, you can request not to be subject to automated decision-making, including profiling.
You can exercise the rights set out above by contacting us at: email@example.com .
EXERCISING YOUR RIGHTS AND COMPLAINTS
If you are not satisfied with any aspect of the processing of your personal data by EVOO Capital, we would like to discuss it with you to understand how we can rectify the issue. You may exercise any of your rights in relation to your personal data by writing to us at one of the following addresses. To avoid delay in dealing with your request, please enclose with your signed letter a copy of your passport or identity card:
- EVOO Capital, 15 Boulevard Helvétique, 1207 Geneva, Switzerland: firstname.lastname@example.org
- Swiss Investment Management SA, 15 Boulevard Helvétique, 1027 Geneva, Switzerland : email@example.com
If you are not satisfied with EVOO Capital’s response, you have the right to make a complaint to the data protection authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your data has arisen.
We have in place appropriate technical and organisational measures to prevent unauthorised or unlawful access to the personal data you have provided to us. As complete data security cannot be guaranteed for communication via e-mails, instant messaging, and similar means of communication, we would recommend sending any particularly confidential information by an alternative secure means.
CHANGE TO PERSONAL DATA
We are committed to keeping your personal data accurate and up to date. Therefore, if your personal data changes, please inform us of the change as soon as possible.
In general, EVOO Capital will retain personal data for the period of your relationship or contract with EVOO Capital plus 10 years, reflecting the length of time for which legal claims may be made following termination of such relationship or contract. An ongoing or anticipated legal or regulatory proceeding may lead to retention beyond this period. EVOO Capital must store all electronic correspondence (e-mails, communication via Bloomberg or Reuters, etc.) and evidence of the calls made on business telephones by these employees for a period of two years. The company must also make this information available to its regulators (if applicable) on demand. This applies also to employees identified by a riskbased assessment as being highly exposed to information that has relevance to market supervision. EVOO Capital in Switzerland also stores all incoming and outgoing business and private communication data (in particular e-mails with attachments, chats, instant messaging) in a separate, protected electronic archive located in Switzerland for a period of 10 years.
EVOO Capital takes your privacy seriously. This EVOO Website and Cookie Notice (“Notice”) applies to users (“you”) of this and other integrated EVOO websites (“EVOO Websites”) and contains information that EVOO Capital and its affiliates collect(s) through these webpages and what we do with that information. As part of our commitment to protect your “Personal Data” we want to inform you in a transparent manner:
- why and how EVOO Capital collects, uses and stores (“processes”) your Personal Data; and
- how we protect your Personal Data.
WHAT THIS NOTICE COVERS
This Notice applies to any “information” obtained by EVOO Capital through your use of EVOO Websites and tracking technologies we use It is not applicable to non-integrated EVOO websites or any “internet“ websites controlled by third parties not affiliated with EVOO Capital that the EVOO Websites may link to (“Third Party Sites”). Please review the privacy statements of Third Party Sites as EVOO Capital is not responsible for and has no influence on the content or the privacy practices of Third Party Sites. The terms of this Notice are subject to any additional terms of disclaimers or other contractual terms you have entered into with EVOO Capital such as client privacy statements or notices, and any applicable laws and regulations.
WHAT TYPE OF INFORMATION IS COLLECTED
We collect the following Information through EVOO Websites:
Information that you provide to us, for example:
- Personal details, (e.g. name, gender, address, e-mail address, phone/fax number) on a registration page or if you sign up for an email newsletter;
- User login and subscription data, e.g. login credentials for EVOO Websites;
- Other information that you give us by filling in forms, surveys, or by communicating with us, whether face-to-face, by phone, e-mail, online or otherwise.
Information that we collect or generate about you, for example:
- Data our server automatically records when you visit EVOO Websites e.g. your IP address, the website from which you visit us, the type of browser software used, the EVOO Website pages that you actually visit including the date and the duration of your Authentication information;
- Investigations data, e.g. due diligence checks, anti-money laundering checks, content and metadata related to relevant exchanges of information between individuals, organizations;
- Records of correspondence and other communication between us e.g. live chats, instant messages and social media communications;
- Information that we need to support our regulatory obligations e.g. information about transaction details, purpose of payment, counterparty/beneficiary information, detection of suspicious activities.
Information that we collect from other sources, for example:
- Information from third parties or delegated third party service providers e.g. website user information collected through third party application service providers that we have a relationship with, or through cookies, pixels, social plugins, tags and other similar technologies.
PURPOSES OF PROCESSING
We always process your Personal Data for a specific purpose and only process the Personal Data which is relevant to achieve that purpose. In particular, we process Personal Data for the purposes of:
Website Administration. For example, to:
- ensure technical administration, research & development for improving our websites and user administration;
Relationship Management. For example, to:
- assist you in registration to our events or logins;
- allow you to provide feedback;
- keep track of your specified preferences such as language, time zone and timeouts after periods of inactivity; and
- respond to any service issues.
Product implementation and execution. For example, to:
- enhance the quality of our products and services and our use of technology.
Engaging in Prospecting and Business Development and / or Protecting and Enhancing the EVOO Capital brand. For example, to:
- contact you in relation to products and services;
- assist with our promotional and marketing efforts;
- help us to develop targeted advertising initiatives (including behavioural advertising) where permitted, for instance ads we consider relevant for (groups of) users on external partner websites and media.
Compliance and Risk Management and / or Crime Prevention, Detection and Investigation. For example, to:
- perform due diligence or anti-money laundering checks on content and metadata.
HOW IS INFORMATION COLLECTED AND STORED
EVOO Capital uses tracking technology such as cookies, pixels, unique identifiers or tags (“Tracking Technologies”) to gather information as outlined above to understand how visitors use the EVOO Website.
Tracking Technology helps us to manage and improve the usability of EVOO Websites, for example by detecting whether there has been any contact between your device and us in the past and to identify the most popular sections of the EVOO Website. We may also use these Tracking Technologies to check your instructions to us, assess, analyse and improve our service, train our staff.
When you save your privacy settings, they should also apply to your future visits to EVOO Websites. However, for technical reasons beyond EVOO Capital’s control, this cannot be guaranteed. For example, if you reset your browser, delete your cookies or access EVOO Websites from another browser or device your privacy settings may be lost. To comply with applicable laws and regulations, in some countries you may be asked to confirm your privacy settings when you first visit a EVOO Website. In addition, you might be periodically required to re-confirm your settings.
In many cases you can also control Tracking Technologies using your browser. Please ensure that your browser setting reflects whether you wish to be warned about and/or accept Tracking Technologies where possible. The specific capabilities of your browser and instructions on how to use them can usually be found in the manual or help file of your browser.
Refusing, disabling or deactivating of Tracking Technologies may result in a reduced availability of the services.
HOW DO WE PROTECT YOUR PERSONAL DATA
EVOO Capital may disclose your information to its affiliates and their agents and third-party service providers inside or outside your country of residence to perform services for EVOO Capital and for the purposes stated above. Our affiliates, agents and third-party service providers who have access to Personal Data obtained through EVOO Websites are obliged to respect your privacy, comply with legal obligations and adhere to contractual safeguards. When transferring Personal Data internationally we make sure that we comply with applicable laws and regulations, for example, by entering into agreements which will ensure that the recipients of your information maintain an adequate level of data protection. EVOO Capital does not transfer your personal data to other third parties. We may also disclose your information to governmental agencies or entities, regulatory authorities, or other persons in line with any applicable law, regulations, court order or official request, and for the purposes of any guidelines issued by regulatory or other authorities, or similar processes as required by applicable law.
TO WHOM DO WE DISCLOSE YOUR INFORMATION COLLECTED
Please note that if you transfer your information to us through an open network such as the internet, such networks are generally not regarded as a secure environment. Information sent via e.g. the internet (such as to or from the EVOO Website or via electronic message) may be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Even if both sender and receiver are located in the same country, information sent via the internet may be transmitted across international borders and be forwarded to a country with a lower data protection level than the one in your country of residence. Please note that we accept no responsibility or liability for the security of your information whilst in transit over the internet to EVOO Capital. In order to protect your privacy we would like to kindly remind you that you may choose other means of communication with EVOO Capital, where you deem it appropriate.
HOW INFORMATION FROM INDIVIDUALS UNDER THE AGE OF 18 IS DEALT WITH
EVOO Websites do not seek to collect Personal Data from individuals under the age of 18. Children should obtain parental or legal guardian consent as per the age threshold established by each country (which, for example in the EU, can be between 13 and 16 years depending on the Members State).
If you are not satisfied with any aspect of the processing of your Personal Data by EVOO Capital, please let us know and we will investigate your concern by contacting us at: firstname.lastname@example.org
CHANGE TO THIS NOTICE
Any amendment or update to this Notice will be made available to you via www.evoocapital.com/privacy-policy/ .