The details provided below are intended to give you an overview of the processing of data by Albin Kistler AG and of your rights based on the provisions of data protection law.
Data Protection Officer of Albin Kistler AG
Albin Kistler AG
Data Protection Officer
datenschutz @ albinkistler.ch
Albin Kistler AG processes and stores data that it receives because of its business relationship with you. This includes personal, identifying data (e.g. name, address, telephone numbers etc.) or data that leads to such identification in connection with other information (e.g. account and custody account numbers). Data is also processed that is connected with the legal requirements of the Swiss Anti-Money Laundering Act and resulting ordinances and guidelines as well as other provisions that Albin Kistler AG must comply with on the basis, for example, of legal stipulations or of its status of being regulated by the Swiss Financial Market Supervisory Authority (FINMA) (e.g. FINMA circulars). This also includes all detailed information that permits an evaluation of your financial situation and an assessment of your risk capacity and risk tolerance. In addition to data that Albin Kistler AG receives directly from you, it also obtains and processes data about you from publicly accessible sources (e.g. the Internet, lists of debtors, commercial registers, the press etc. )
The following personal data is processed:
- personal details (name, address and other contact details, date of birth, place of birth, nationality)
- identification and authentication data (e.g. identity document data)
- mandate data (e.g. wealth management contract)
- data from the fulfillment of contractual obligations (e.g. reports, statistics and evaluations from earlier years)
- information about your financial situation (e.g. information about the origin of assets)
- documentation data (e.g. recordings of conversations or telephone calls with you
Purposes for which Albin Kistler AG uses your data
a) To meet our obligations under a wealth management mandate
The processing of your data enables Albin Kistler AG to provide the services contractually agreed with you. Your data is used to analyze needs, for wealth management, for client care and to activate transactions.
b) In the context of the balance of interests
To safeguard its own legitimate interests or the legitimate interests of third parties, Albin Kistler AG also processes data for the following purposes:
- checking and optimization of processes for the analysis of needs
- risk management
- establishment of legal claims and defenses in the event of any disputes
- prevention and investigation of criminal offenses
c) On the basis of legal requirements or in the public interest
Albin Kistler AG is subject to a number of legal obligations (e.g. Swiss Collective Investment Schemes Act, Swiss Anti-Money Laundering Act, FINMA ordinances and circulars, tax laws etc.) and supervisory requirements. The purposes of processing include, among other things, the prevention of fraud and money laundering and the evaluation and control of our risks.
Access by service providers to your data and the place of processing
Your data is accessed to meet the contractual and legal obligations of Albin Kistler AG. For the same purpose, service providers commissioned by Albin Kistler AG (processing service providers, IT service providers) in Switzerland may process your data. Data requiring special protection (e.g. information about personal circumstances and the origin of assets) is not processed by service providers/third parties. An exception to this is our direct supervisory bodies (FINMA, statutory auditor).
Albin Kistler AG does not transmit data abroad for processing, or transmission of data abroad would require your express consent.
Retention period for your data
Albin Kistler AG processes your data for as long as it is required to meet contractual and legal obligations, particularly in the course of a wealth management mandate.
To meet legal retention obligations and to ensure any obligations to provide information can be met, the data is also stored beyond the point in time at which contractually defined services (e.g. in the context of a wealth management mandate) are provided for you. This manner of proceeding serves the purpose among other things of documenting the correct action of Albin Kistler AG in accordance with the contractual, supervisory and legal provisions, and demonstrating this if required.
Your data privacy rights
In May 2018 the EU General Data Protection Regulation entered into force. We assume that future legislation in Switzerland will contain similar provisions. The revision and associated expansion of Swiss data protection law have been initiated. On this basis we are guided by the EU General Data Protection Regulation, according to which you have the following rights:
- right to access your personal data stored at Albin Kistler AG
- right to rectification of this data if it is inaccurate
- right to erasure of the data if Albin Kistler AG is not permitted or does not need to store it
- right to restriction of processing
- right to object to processing by Albin Kistler AG
- right to receive your personal data that you have provided to Albin Kistler AG in a generally available, machine-readable and commonly used format
Furthermore, you have a right to lodge a complaint with the competent data protection supervisory authority.
Data that you must provide
Albin Kistler AG needs that data from you that is required to establish and conduct a business relationship, in particular a wealth management mandate, and to meet the associated contractual and legal obligations. Without this data Albin Kistler AG is unable to complete or execute a management contract with you.
In particular, Albin Kistler AG is obliged, under the provisions to combat money laundering and the financing of terrorism, to identify you by means of your identity document before establishing a business relationship and in so doing to collect and establish your address, nationality, name, place of birth, date of birth and identity document data. To enable Albin Kistler AG to comply with these provisions, you are obliged to make the necessary information available. If this data should change in the course of the business relationship, you are obliged to notify Albin Kistler AG of this. If you do not make available the information needed, it will not be possible to establish or continue a business relationship with you.
Further information about the processing of data by Albin Kistler AG
Our data processing processes do not include automated decision-making with regard to the establishment and conducting of a business relationship.
Your biometric data (e.g. fingerprints or another identifying biometric feature) is data requiring special protection and is neither recorded nor processed by us.
Contacting Albin Kistler AG
If you have any questions with regard to the handling of your data, please do not hesitate to contact your client advisor or the Data Protection Officer at Albin Kistler AG.
Zurich, May 2018