Privacy policy

1. validity

This Pri­va­cy Poli­cy governs the tre­at­ment by Swiss­FEX AG („Swiss­FEX“, „we“), Hardturmstrasse 253, CH-8005 Zurich, of per­so­nal data of cus­to­mers and visi­tors („you“) to its web­site and mobi­le appli­ca­ti­ons, e.g. apps (coll­ec­tively, the „Web­site“), whe­ther pro­vi­ded by the data sub­ject its­elf or by third par­ties, and whe­ther the per­so­nal data is trans­mit­ted to Swiss­FEX via the Web­site or by any other means.

2. contact

You can cont­act us in the fol­lo­wing ways:

Swiss­FEX AG
Hardturmstrasse 253
8005 Zurich

+41 44 275 27 00
service@swissfex.ch

Swiss­FEX is repre­sen­ted by Reto Emmen­eg­ger, Mana­ging Direc­tor.

3. general

Swiss­FEX is acti­ve in the bro­kera­ge of mor­tga­ges and other finan­cial pro­ducts and offers infor­ma­ti­on on its busi­ness acti­vi­ties, pro­ducts and ser­vices, as well as feed­back oppor­tu­ni­ties via its web­site.

Swiss­FEX obser­ves the legal pro­vi­si­ons of data pro­tec­tion. All per­so­nal data coll­ec­ted in the cour­se of regis­tra­ti­on or crea­ted during use and pro­tec­ted by the Swiss Data Pro­tec­tion Act (her­ein­af­ter „DPA“) or the Euro­pean Data Pro­tec­tion Regu­la­ti­on (her­ein­af­ter „EU GDPR“) will be used exclu­si­ve­ly for the pur­po­se of ful­fil­ling the con­tract, unless, in par­ti­cu­lar in accordance with this Pri­va­cy Poli­cy, your express con­sent to any fur­ther use has been given or appli­ca­ble law per­mits such use. Our employees are obli­ged to tre­at per­so­nal data con­fi­den­ti­al­ly.

Sin­ce we pro­cess most per­so­nal data elec­tro­ni­cal­ly, we have taken appro­pria­te orga­niza­tio­nal and tech­ni­cal mea­su­res (e.g. IT secu­ri­ty mea­su­res) to ensu­re that your per­so­nal data is pro­tec­ted. We also pro­vi­de our employees with regu­lar trai­ning on data pri­va­cy and infor­ma­ti­on secu­ri­ty.

4. what personal data is collected and for what purpose

We may coll­ect from you mas­ter data (if appli­ca­ble, com­pa­ny name, name, address, e‑mail, etc.), per­so­nal data about the ser­vices you have purcha­sed, your pay­ment tran­sac­tion data, your online pre­fe­ren­ces and your cus­to­mer feed­back.

As part of the con­tract pro­ces­sing, we pass on your mas­ter data to the pos­si­ble part­ners sel­ec­ted by you.

We use this per­so­nal data to com­mu­ni­ca­te with you, to eva­lua­te, con­clude and sett­le busi­ness with you (e.g. bro­kera­ge tran­sac­tions), to ope­ra­te the web­site, for bil­ling, mar­ket rese­arch and mar­ke­ting, such as ana­ly­zing our cus­to­mer base, or to cont­act you by mail, e‑mail or text mes­sa­ges. We can also sup­ple­ment your mas­ter data in our data­ba­se in part with indus­try infor­ma­ti­on and inte­rests.

Input fields for per­so­nal data that are man­da­to­ry for the use of our offer will be mark­ed accor­din­gly when coll­ec­ted. The pro­vi­si­on of per­so­nal data in other fields is vol­un­t­a­ry. You can inform us at any time that you no lon­ger wish the­se vol­un­t­a­ri­ly pro­vi­ded per­so­nal data to be pro­ces­sed (see sec­tion 13, Your rights).

Then your brow­sing and usa­ge data is coll­ec­ted. This is, for exam­p­le, the infor­ma­ti­on with which brow­ser and which brow­ser ver­si­on you have visi­ted the web­site and when, which ope­ra­ting sys­tem you are using, from which web­site you have acces­sed our web­site via a link, and which ele­ments of the web­site you use and how. This per­so­nal data is stored tog­e­ther with the IP address of your access device. They are used to dis­play and opti­mi­ze our web­site cor­rect­ly, to pro­tect against attacks or other inf­rin­ge­ments and to per­so­na­li­ze the web­site for you. We do not draw any con­clu­si­ons about the per­sons con­cer­ned from this sur­fing and usa­ge data and only eva­lua­te the per­so­nal data anony­mously, unless we need the per­so­nal data to cla­ri­fy legal vio­la­ti­ons.

5. retention period

We pro­cess per­so­nal data only as long as neces­sa­ry for the respec­ti­ve pur­po­se or as requi­red by law.

If you have set up an account with us, we will retain the mas­ter data you pro­vi­de for an unli­mi­t­ed peri­od of time. Howe­ver, you may request the dele­ti­on of the account at any time (see sec­tion 13, Your rights). We will dele­te the mas­ter data unless we are requi­red by law to retain it.

In the case of a pla­ce­ment request, your mas­ter data will be dele­ted after the end of the ser­vice to the ext­ent that we are not requi­red by law to retain it. This dele­ti­on can be per­for­med imme­dia­te­ly or as part of quar­ter­ly dele­ti­on runs.

If we wish to refu­se fur­ther busi­ness cont­act with a data sub­ject due to abu­se, non-pay­ment or other legi­ti­ma­te reasons, we will retain the rele­vant per­so­nal data for five years, or ten years in the event of a repeat offence.

6. processing by third parties and abroad

We may also have per­so­nal data pro­ces­sed by group com­pa­nies or third par­ties for the afo­re­men­tio­ned pur­po­ses.

The­se com­pa­nies are mar­ke­ting and mar­ket rese­arch com­pa­nies, com­pa­nies that car­ry out the tech­ni­cal ope­ra­ti­on of our infor­ma­ti­on tech­no­lo­gy for us (out­sour­cing part­ners), ope­ra­tors of ana­ly­sis ser­vices (see sec­tion 8), finan­cial ser­vice pro­vi­ders, debt coll­ec­tion com­pa­nies or lawy­ers and aut­ho­ri­ties. When we enga­ge group com­pa­nies or third par­ties to pro­cess per­so­nal data, the third par­ty is careful­ly sel­ec­ted and must take appro­pria­te secu­ri­ty mea­su­res to ensu­re the con­fi­den­tia­li­ty and secu­ri­ty of your per­so­nal data.

Pro­ces­sing by us or the afo­re­men­tio­ned third par­ties may also take place in other Euro­pean or non-Euro­pean count­ries. In doing so, we pro­vi­de suf­fi­ci­ent con­trac­tu­al gua­ran­tees that such a third par­ty will use the per­so­nal data in accordance with the legal requi­re­ments and exclu­si­ve­ly in the inte­rest of Swiss­FEX. The­se gua­ran­tees are based on the stan­dards of the Euro­pean Com­mis­si­on (also reco­gni­zed in Switz­er­land). You have a right to inspect the rele­vant gua­ran­tees in the respec­ti­ve con­tracts.

We have enga­ged the fol­lo­wing third par­ties to pro­cess per­so­nal data:

• Goog­le LLC, 1600 Amphi­theat­re Park­way, Moun­tain View, CA 94043, USA
• Map­box, Inc, 740 15th Street NW, 5th Flo­or, Washing­ton DC 20005, USA

7. analysis services

We use third par­ty ser­vices to ana­ly­ze brow­sing beha­vi­or. We also part­ly inte­gra­te con­tent from other web­sites.

By means of the ana­ly­sis ser­vices, we mea­su­re the use of the web­site and eva­lua­te it.

In the case of ana­ly­sis ser­vices, the per­so­nal data coll­ec­ted in this way is trans­mit­ted anony­mously to ser­vers of the com­mis­sio­ned third par­ties abroad, inclu­ding to the USA.

8. integration of third party elements on the website of SwissFEX

Con­tent from various third-par­ty pro­vi­ders is inte­gra­ted on our web­site, for exam­p­le vide­os from video plat­forms (such as You­tube or Vimeo) or but­tons from social media plat­forms (such as Face­book or Twit­ter). This con­tent allows you to con­su­me con­tent from tho­se plat­forms on our web­site or sim­ply share our con­tent on tho­se social net­works.

When brow­sing our web­site, if such con­tent is dis­play­ed as part of the web­site, a con­nec­tion to the third-par­ty provider’s ser­vers is auto­ma­ti­cal­ly estab­lished. In the pro­cess, per­so­nal data about your web­site visit, in par­ti­cu­lar your IP address, is trans­mit­ted to this third-par­ty pro­vi­der. If you have log­ged in to the respec­ti­ve third-par­ty pro­vi­der at the time of the visit (for exam­p­le, with a Face­book or Goog­le account) or if the pro­vi­der has stored coo­kies on your com­pu­ter, it is pos­si­ble that this third par­ty can deter­mi­ne that you have visi­ted our web­site. You aut­ho­ri­ze us to share this infor­ma­ti­on with the third par­ty ven­dor with whom you hold your account.

The infor­ma­ti­on on the pur­po­se and scope of data pro­ces­sing by such third par­ty pro­vi­ders as well as your rights and set­ting opti­ons in this regard can be obtai­ned from the rele­vant third par­ty pro­vi­ders.

9. cookies and pixel tags

We use coo­kies and pixel tags on our web­site.

Coo­kies are data packets that are sent from our website’s web ser­ver to your brow­ser, stored on your com­pu­ter, and retrie­ved from the web ser­ver during a sub­se­quent visit. Coo­kies store infor­ma­ti­on about your online pre­fe­ren­ces and allow us to impro­ve your brow­sing expe­ri­ence. A distinc­tion is made bet­ween ses­si­on coo­kies and per­ma­nent coo­kies.

Ses­si­on coo­kies are used to uni­que­ly assign infor­ma­ti­on stored on the ser­ver during a spe­ci­fic visit to our web­site (e.g. in the online store) to you or your Inter­net brow­ser each time you visit (e.g. so that the con­tents of the shop­ping cart are not lost). Ses­si­on coo­kies are dele­ted after you clo­se your Inter­net brow­ser.

Per­ma­nent coo­kies are used to save your pre­fe­ren­ces (e.g. the lan­guage of the web­site) over seve­ral visits to our web­site, i.e. even after clo­sing your inter­net brow­ser, or to enable auto­ma­tic log­in. Per­ma­nent coo­kies are dele­ted only after the accor­ding to the set­tings of your inter­net brow­ser (e.g. one month after the last visit). By using our web­site, you con­sent to the use of per­ma­nent coo­kies.

You can dele­te exis­ting ses­si­on or per­ma­nent coo­kies in your Inter­net brow­ser at any time and deac­ti­va­te the set­ting of fur­ther coo­kies in the set­tings of your brow­ser. Howe­ver, deac­ti­va­ti­on may impair func­tions of our web­site.

When you visit our web­site, you will be asked whe­ther you wish to disable the use of coo­kies, except for the coo­kies requi­red for the ope­ra­ti­on of the web­site.

Pixel tags (also known as track­ing pixels, web bea­cons, clear GIFS, or can­vas) are small gra­phics that are loa­ded into your inter­net brow­ser when you visit our web­site. When the pixel tag is cal­led up by your Inter­net brow­ser, cer­tain infor­ma­ti­on is stored in the log files of the rele­vant ser­ver (e.g. the date and time of your web visit or cer­tain data about your ter­mi­nal device, such as the screen reso­lu­ti­on or its IP address).

10. legal bases of the processing

The legal basis for pro­ces­sing of per­so­nal data by us is gene­ral­ly Artic­le 13(2)(a) DSG (pro­ces­sing direct­ly rela­ted to the con­clu­si­on or per­for­mance of a con­tract; cor­re­sponds to Artic­le 6(1)(b) EU DSGVO) and Artic­le 13(1) DSG (con­sent of the data sub­ject or obli­ga­ti­on to pro­cess by law; cor­re­sponds to Artic­le 6(1)(a) EU DSGVO).

In cases whe­re we wish to refu­se to enter into con­tracts with data sub­jects in the future due to misu­se, non-pay­ment or simi­lar legi­ti­ma­te reasons, we reser­ve the right to retain the name, first name, address and e‑mail address of a data sub­ject as well as the per­so­nal data rela­ting to the cir­cum­s­tances of the case in ques­ti­on for our own inte­rest, based on Artic­le 13(1) DSG (cor­re­sponds to Artic­le 6(1)(f) EU DSGVO).

Pro­ces­sing of your per­so­nal data by other Group com­pa­nies is also based on Art. 13 para. 1 DSG (cor­re­sponds to Artic­le 6(1)(f) EU DSGVO).

11. your rights

Upon request, we will pro­vi­de any data sub­ject with infor­ma­ti­on as to whe­ther and, if so, which per­so­nal data about him or her is being pro­ces­sed (right to con­fir­ma­ti­on, right to infor­ma­ti­on).

At your request:

• we par­ti­al­ly or com­ple­te­ly refrain from pro­ces­sing per­so­nal data (right to with­draw your con­sent to the pro­ces­sing of per­so­nal data that is not abso­lut­e­ly neces­sa­ry; right to be for­got­ten). We will also noti­fy third par­ties to whom we have pre­vious­ly dis­c­lo­sed your per­so­nal data of your request to be for­got­ten;
• we cor­rect the rele­vant per­so­nal data (right to rec­ti­fi­ca­ti­on);
• we rest­rict the pro­ces­sing of the rele­vant per­so­nal data (right to rest­ric­tion of pro­ces­sing; in this case, we will only store your per­so­nal data or use it to pro­tect our legal rights or the rights of ano­ther per­son);
• you will recei­ve the per­so­nal data con­cer­ned in a struc­tu­red, com­mon and machi­ne-rea­da­ble for­mat (right to data por­ta­bi­li­ty).

To make such a request to exer­cise a right descri­bed in this sec­tion, for exam­p­le, to stop recei­ving email news­let­ters from us or to dele­te your account, use the appro­pria­te fea­ture on our web­site or cont­act our Pri­va­cy Offi­cer or a staff mem­ber as indi­ca­ted in Sec­tion 2 (Cont­act).

If we do not com­ply with a request, we will inform you of the reasons. For exam­p­le, we may legal­ly refu­se to era­se your per­so­nal data if it is still nee­ded for the ori­gi­nal pur­po­ses (such as if you still recei­ve a ser­vice from us), if the pro­ces­sing is based on a com­pel­ling legal basis (such as legal accoun­ting requi­re­ments), or if we have an over­ri­ding inte­rest of our own (such as in the case of liti­ga­ti­on against the data sub­ject).

If we assert an over­ri­ding inte­rest against you in the pro­ces­sing of per­so­nal data, you have the right to object to the pro­ces­sing nevert­hel­ess, pro­vi­ded that a dif­fe­rent balan­ce of inte­rests results from your spe­cial situa­ti­on com­pared to other data sub­jects (right to object). This could be the case, for exam­p­le, if you are a per­son of public inte­rest or the pro­ces­sing crea­tes a risk that you will be har­med by third par­ties.

If you are not satis­fied with our respon­se to your request, you have the right to lodge a com­plaint with a com­pe­tent super­vi­so­ry aut­ho­ri­ty, for exam­p­le in your coun­try of resi­dence or at the regis­tered office of Swiss­FEX (right to com­plain).

12. severability clause and amendments

If any pro­vi­si­on of this Pri­va­cy Poli­cy is inva­lid, incom­ple­te or unen­forceable, the remai­ning pro­vi­si­ons of this Pri­va­cy Poli­cy shall remain in full force and effect.

Due to the fur­ther deve­lo­p­ment of our web­site and offers or due to chan­ged legal or regu­la­to­ry requi­re­ments, it may beco­me neces­sa­ry to chan­ge this pri­va­cy poli­cy. You will be infor­med about the chan­ges.

13 Applicable law and place of jurisdiction

This Pri­va­cy Poli­cy and the con­tracts con­cluded based on or in con­nec­tion with this Pri­va­cy Poli­cy are gover­ned by Swiss law, unless the law of ano­ther coun­try is man­da­to­ri­ly appli­ca­ble. The place of juris­dic­tion is at the regis­tered office of Swiss­FEX, unless ano­ther place of juris­dic­tion is man­da­to­ri­ly spe­ci­fied.

Zurich, Octo­ber 2020