This data protection declaration provides information on how Prospera-Invest Vermögensverwaltung AG ("Prospera-Invest") processes your personal data.
"Personal data" means all information relating to a specific or identifiable natural or legal person. "Processing" means any handling of personal data, regardless of the means and procedures used, in particular the procurement, storage, use, modification, disclosure, archiving, deletion or destruction of personal data.
There are further regulations for certain data processing, e.g. in the context of contract conclusions with Prospera-Invest. These can be found in the relevant contracts.
2. Data Security
Prospera-Invest undertakes to protect personal data and privacy in accordance with the applicable laws, in particular the Data Protection Act (DSG). For this purpose, Prospera-Invest takes various technical and organizational security measures (e.g. access restrictions, firewalls, personalized passwords as well as encryption and authentication technologies etc.).
3. Data Used
Prospera-Invest processes and stores data that it receives from the business relationship with you. This includes, among other things, personal, identifying data (e.g. name, address, telephone numbers, etc.). or data which, in connection with other information, leads to such identification (e.g. account and securities account numbers). Furthermore, data is processed that is related to the legal requirements of the Money Laundering Act and the resulting regulations and guidelines as well as other regulations that Prospera-Invest has to meet, e.g. due to legal requirements or its FINMA subordination (e.g. FINMA circular). This also includes all detailed information that allows an assessment of your financial situation and an assessment of your risk capacity and willingness to take risks. In addition to data that Prospera-Invest receives directly from you, it also obtains and processes data about you from publicly accessible sources (e.g. Internet, debtor directories, commercial register, press, etc.).
The following personal data are processed:
- Personal details (name, address and other contact details, date of birth, place of birth, nationality)
- Legitimation and authentication data (e.g. ID data)
- Order data (e.g. asset management contract)
- Data from the fulfillment of contractual obligations (e.g. reports, statistics and evaluations from previous 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)
4. Purposes for which Prospera-Invest uses your data
a) To fulfill our obligations within the framework of an asset management mandate
The processing of your data allows Prospera-Invest to provide the services contractually agreed with you. Your data will be used for needs analysis, asset management, support and initiating transactions.
b) As part of the balancing of interests
In order to protect legitimate self-interests or interests of third parties, Prospera-Invest also processes data for the following purposes:
- Review and optimization of procedures for needs analysis
- Risk control
- Assertion of legal claims and defense in the event of any disputes
- Prevention and investigation of criminal offenses
c) Due to legal requirements or in the public interest
Prospera-Invest is subject to various legal obligations (e.g. Money Laundering Act, FINMA ordinances and circulars, tax laws, etc.) as well as regulatory requirements. The purposes of processing include, among other things, the prevention of fraud and money laundering and the assessment and management of our risks.
5. Access by service providers to your data and where it is processed
Your data is accessed to fulfill the contractual and legal obligations of Prospera-Invest. For the same purpose, service providers (processing service providers, IT service providers) commissioned by Prospera-Invest in Switzerland can process your data. Data that is particularly worthy of protection (e.g. information about personal circumstances and the origin of assets) are not processed by service providers/third parties. Our direct supervisory bodies (FINMA, supervisory organization, auditors) are an exception.
Prospera-Invest does not transmit any data abroad for processing, or data transmission abroad would require your express consent.
6. Retention period of your data
Prospera-Invest processes your data as long as it is necessary for the fulfillment of contractual and legal obligations, in particular in the course of an asset management mandate.
In order to fulfill legal storage obligations and to ensure any information obligations, the data will also be stored beyond the point in time at which contractually defined services (e.g. as part of an asset management mandate) are provided for you. This procedure also serves, among other things, to document and, if necessary, prove that Prospera-Invest is proceeding correctly in accordance with the contractual, supervisory and legal regulations.
7. Your data protection rights
You can request information from Prospera-Invest as to whether personal data about you is being processed. You have the right to object, restriction of processing and, if applicable, the right to data portability. Incorrect data can be corrected. In addition, the deletion of personal data can be requested, provided that there are no legal or regulatory provisions (e.g. legal storage obligations for business-relevant data) or technical hurdles to the contrary. The deletion of data can result in Prospera-Invest no longer being able to provide certain services. In addition, where applicable, there is a right of appeal to a competent authority. Where Prospera-Invest processes personal data based on consent, this consent can be revoked at any time.
In order to support Prospera-Invest in answering your request, we ask for a corresponding, understandable message. We will examine and respond to the concerns within a reasonable period of time.
8. Information You Must Provide
Prospera-Invest needs the data from you that is necessary for the establishment and implementation of a business relationship, in particular an asset management mandate, and the fulfillment of the associated contractual and legal obligations. Without this data, Prospera-Invest is unable to conclude or execute a management contract with you.
In particular, Prospera-Invest is obliged, in accordance with the regulations on combating money laundering and terrorist financing, to identify you using your ID document before entering into a business relationship and to collect and record your address, nationality, name, place of birth, date of birth and ID data. In order for Prospera-Invest to comply with these regulations, you are obliged to provide it with the necessary information. Should this data change in the course of the business relationship, you are obliged to inform Prospera-Invest about it. If you do not provide the required information, it will not be possible to establish or continue a business relationship with you.
9. Further information on the processing of data at Prospera-Invest
As part of our data processing processes, there is no automated decision-making regarding the establishment and implementation of a business relationship.
Biometric data from you (e.g. fingerprint or another biometric identification feature) is particularly worthy of protection and is neither recorded nor processed by us.
When a person visits the Prospera-Invest websites, the web server automatically registers details of the visit (e.g. the website from which the visit is made, the IP address of the visitor, the contents of the Prospera-Invest websites that are accessed, including the date and duration of the visit). Such tracking data is used to optimize the Prospera-Invest websites and provide information on how the visitor finds out about and uses the products, services and offers of Prospera-Invest. However, as a rule, they do not allow any conclusions to be drawn about the identity of the visitor. In this respect, no personal data is processed.
However, if the visitor makes personal data available, for example by filling out a registration form or message field for newsletters, etc., Prospera-Invest can use this data in addition to the purposes mentioned under Section 4, in particular for the following:
- for customer and user administration;
- to inform the visitor about services and products;
- for marketing purposes (e.g. sending newsletters);
- for technical "hosting" and further development of the Prospera-Invest websites.
When visiting Prospera-Invest websites, the visitor's data is transported via the Internet, which is an open network accessible to everyone. Data transmitted via electronic media (incl. e-mail) cannot be effectively protected against access by third parties. This entails, among other things, the risk that the data will be disclosed or its content changed, that the identity of the sender (e.g. e-mail) as well as the content of the message will be pretended or manipulated in some other way by unauthorized persons, that viruses will be released, that there are technical transmission errors, delays or interruptions, data is sent abroad uncontrolled, where lower data protection requirements may apply than in Switzerland, etc.
By using the Prospera-Invest website, a visitor confirms his/her express consent to the present data protection declaration and the risks mentioned.
This title of the present data protection declaration only applies to data that Prospera-Invest receives as a result of using Prospera-Invest websites. It is not applicable to third-party websites, even if the visitor accesses them via links on a Prospera-Invest website. Prospera-Invest has no influence on the content and data protection handling of third-party websites and cannot assume any responsibility for them.
11. Inspection of the current data protection declaration of Prospera-Invest
This data protection declaration can be adapted at any time in compliance with the relevant regulations. You can view the currently valid version at www.prospera-invest.ch.
12. Contacting Prospera-Invest
If you have any questions about the handling of your data, we will be happy to answer them using the details given in the contact section.
Zurich, August 2023