1. ENTITY RESPONSIBLE FOR PROCESSING AND PRINCIPLES.
The responsible entity for processing, Decisive Capital Management S.A., Rue Rhône 78, 1204 Geneva, Switzerland (hereinafter referred to as "Decisive"), recognizes the importance of keeping the personal data of its customers confidential and protecting their privacy rights. Regarding its activities and the data collected by it, Decisive intends to apply the most restrictive principles and standards that are identifiable with respect to the protection of personal data.
Consequently, all personal data and information (hereinafter referred to as "Data") provided in connection with our services will be processed lawfully, fairly, transparently and confidentially by Decisive.
By contracting the services offered by Decisive (hereinafter referred to as the "Services"), and in accordance with the legal provisions in force, you acknowledge and agree that, in connection with our Services, Data is or will be collected by Decisive. The Data will be collected and used solely for the purposes of the Services offered by Decisive or any subsequent contractual relationship with Decisive.
Therefore, entering into an engagement with Decisive means that you agree to the collection, processing of Data and agree to this Policy.
3. LEGAL BASIS AND PURPOSES OF DATA COLLECTION AND PROCESSING
3.1 Legal Basis
The Subject concerned acknowledges that the collection and processing of Data by Decisive is necessary for the fulfilment of the mandate entrusted to Decisive to which the Subject concerned is a party in connection with the Services, but also for the preservation of the legitimate interests of Decisive and for the fulfilment of legal obligations incumbent upon Decisive.
The Data is collected and processed by Decisive for the following purposes (hereinafter referred to as "Purposes"):
- The opening and maintaining of the contractual relationship with the Subject or the beginning of a business relationship with Decisive (hereinafter referred to as "Business Relationship"), including all formalities relating to the identification of the Subject and of any person or entity over whom the Subject or a third party provides information and / or of which Decisive has knowledge in any other way in connection with the Business Relationship (hereinafter referred to as "Related person").
- Any other related services provided by Decisive' service providers and subcontractors in a Business Relationship.
- The management, administration, placement and distribution of financial products, including all services related to these activities.
- Compliance with legal and regulatory obligations to which Decisive is subject under regulations applicable to Swiss financial intermediaries (Money Laundering and Enforcement Act, International Financial Regulations (e.g. FATCA, Automatic exchange of information).
- Weighing interests, to protect the interests of Decisive or third parties: prevention and elucidation of criminal offenses, risk management, exercise of rights and defense in litigation, consultation and exchange of information with information desks, computer security, safety of buildings and facilities.
- Decisive Customer Management: Decisive's customer administration, invoicing services, marketing (newsletters, event invitations, etc.) and others.
4. WHAT DATA IS COLLECTED?
4.1 Types of Data
As part of the Services, Decisive collects the following data (contemplative, non-exhaustive list) from its counter-parties (customers, administrators of private equity vehicles, lawyers, banks, other financial intermediaries):
- Identification data: personal identification data (name, surname, title, tax identification number) and structural identification data (information relating to investment entities).
- Identification data issued by public authorities and other registers: identity cards, passports, certificate of incorporation, articles of association, share registers.
- Location data: personal and business addresses of investment entities.
- Communication and electronic identification data (personal and business): telephone number, e-mail address.
- Financial data: identification number and bank account numbers, financial means / assets, financial transactions.
4.2 Information Collected Directly from Subjects
Decisive collects and records all information provided to it in connection with the Services or by any other means in its Customer Relationship Management (CRM) system. The Subject may choose not to provide Decisive with certain information, however this decision may have the effect of depriving the Subject of certain Services or features offered in connection with the Services.
4.3 Information Collected from Third Parties - Subcontractors
As part of its Services, Decisive may also collect data from third parties (introducer, trustees, administrators of private equity vehicles, lawyers, banks, other financial intermediaries, list of international sanctions, information available to the public (e.g. Bloomberg, World-Check, FACTIVA or LexisNexis).
Data collected from third parties is treated in the same way as Data collected directly from the Subjects (see paragraph 4.2 above).
Decisive may be considered as a processor of personal data in the context of information collected from third parties, according to the applicable regulations. Should this be the case and necessary, Decisive will enter into a subcontracting agreement with the third parties concerned to ensure compliance with the present Policy.