Confidentiality of personal data

Note: This document constitutes a translation from its original version in French. In case of discrepancies between the language versions, the French version shall prevail.

The following provisions form an integral part of b-sharpe's Terms and Conditions and must be read in connection with them.

 

A. Introduction

1. Responsible

b-sharpe, Galerie Jean-Malbuisson 15, 1204 Geneva (UID: CHE-113.223.739) is responsible for the way in which the personal data of its customers is collected, used and protected.

2. Purpose

The protection of privacy, customer data and financial information is a priority for b-sharpe. This document together with b-sharpe's Terms and Conditions set out the principles on which b-sharpe processes and collects all personal data of its customers.

3. Confidentiality and compliance with the applicable laws

b-sharpe processes the data collected in the strictest confidentiality and in compliance with the applicable laws.

4. Customer's declaration

By using b-sharpe's Website and services, the Customer agrees that the information it provides may be used by b-sharpe in the course of its business and the Customer confirms that all data it provides is accurate and complete.

 

B. Collection and processing of data

5. Data collected

5.1 b-sharpe collects and processes customer data or information primarily when customers open an account and use its services or the Website. In addition, b-sharpe collects and processes personal data that it receives directly from its customers as part of the contractual relationship. In particular, b-sharpe collects the following personal data:

  • Personal identification information (including, for instance, full name, date of birth, age, nationality, gender, signature, utility bills, photographs, phone number, home address, and/or email);
  • Data concerning professional activity and sources of revenue;
  • Financial information (including, for instance, account / contract number, other information related to the bank accounts);
  • Information on economic background and the purpose of a transaction or of a business relationship;
  • Necessary information for effective marketing (including, for instance, preferences for the use of the services offered);
  • Information collected when accessing the content of the Website / platform (including, for instance, the date and time of access, IP address, cookies, etc.);
  • Information necessary to identify the Customer, control holder and/or beneficial owner in accordance with the document « Anti-money laundering policy ».

5.2 Subject to the prior explicit or implicit consent of the parties concerned, b-sharpe is entitled to record telephone conversations for security reasons or for documentation purposes.

5.3 b-sharpe may also receive information from banks and financial institutions used by its customers to transfer money when using b-sharpe's services or from business partners (including, for instance, partners specialising in criminal background checks, verification of identity or political exposure, credit bureaus, etc.).

5.4 b-sharpe also collects personal data from publicly accessible sources (including, for instance, debt collection registers, land registers, commercial registers, press, Internet, etc.).

5.5 When b-sharpe needs to collect information required for its services and the Customer does not provide this information upon request, b-sharpe may not be able to offer its services to the Customer in question.

 

6. Processing of the data

6.1 b-sharpe processes the personal data of its customers in compliance with the applicable laws, in particular for the following reasons:

  • To offer its services (including, for instance, registration on the platform and creation of an account);
  • To fulfil its obligations toowards its customers and business partners;
  • To optimize, develop and administer the Webite, the platform and its services;
  • To inform its customers of changes in its services;
  • To comply with legal and regulatory requirements such as obligations under the Anti-Money Laundering Act (see the document « Anti-money laundering policy »);
  • To exercise its defence and other rights and in disputes and judicial or administrative proceedings.

6.2 When the prior consent of the Customer is required by law for the processing of his / her data, b-sharpe will obtain it before starting the data processing. If consent is not given, b-sharpe may not be able to offer its services to the Customer in question.

6.3 Insofar as the processing of data is subject to the General Data Protection Regulation of the European Union (GDPR), the legal grounds for the data processing shall be the following:

  • The data processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
  • The data processing is necessary for compliance with a legal obligation to which b-sharpe is subject;
  • The data processing is necessary for the purposes of the legitimate interests pursued by b-sharpe or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject;
  • The data subject has given consent to the processing of his / her personal data for one or more specific purposes

 

7. Transfer and transmission of data

7.1 b-sharpe may transmit collected data to third parties to the extent permitted by law. In particular:

  • To business partners if necessary for the data processing described in Article 6 above (including, for instance, service providers such as advertising agencies, IT specialists, database providers, backup and disaster recovery specialists, email providers or outsourced call centers, etc.);
  • Only to the extent required by law, any Swiss or foreign authority entitled to receive them on the basis of an enforceable request or decision, as well as any entity authorised in the context of financial and regulatory audit, or any custodian bank or corresponding third party authorised by b-sharpe that so requires for the fulfilment of its own duties and obligations.

7.2 The above-mentioned business partners must meet b-sharpe's standards for the processing and security of information. Information will only be shared to the extent necessary for the purposes of the services provided by the business partners.

7.3 The data will not be sold to third parties for marketing purposes.

8. Storage

8.1 b-sharpe has the right to store the Customer's data in a format of its choice, in particular in electronic form.

8.2 The data collected in digital form is stored on b-sharpe's servers in Switzerland.

8.3. b-sharpe will keep the collected data for as long as necessary for the purpose for which they were collected, i.e. to offer its services. In addition, b-shapre will keep the data collected as long as necessary to fulfil legal and regulatory obligations (see, for instance, the document « Anti-money laundering policy »), as long as complaints could be directed to b-shapre and as long as the legitimate interests of the parties concerned, including data security, so require. After this period, the data will be deleted.

 

9. Newsletter

9.1 On the Website, the customers and potential customer can subscribe to b-sharpe's newsletter by providing some personal information as requested in the form. To ensure that the request has come from the correct person, b-sharpe will send a confirmation email (double opt-in). The information is collected only after validation of this confirmation message.

9.2 b-Sharpe will then store this information, via its email distribution service, in addition to the IP address, date and time of registration. The information collected will only be used to send out newsletters. The newsletters contain tracking codes which allow to compile statistics: specifically email open rates and click rates.

9.3 Depending on information needs, b-sharpe may transmit newsletters on the basis of geographical distribution, which is deduced from the IP address.

9.4 It is possible to unsubscribe from the newsletter at any time by clicking on the "unsubscribe" link on any newsletter or by submitting a request on the Website.

10. Incomplete registration

10.1 Customers who have registered with b-sharpe but who have not completed their registration will receive follow-up emails from b-sharpe. These emails are automatically sent based on time stamp information and login status. This reminder is sent via b-sharpe's email distribution service.

10.2 It is possible to stop these follow-up emails at any time by clicking on the "unsubscribe" link on any of these emails or by submitting a request on the Website.

11. Cookies

Cookies are files stored on visitors' devices which allow to understand how visitors use the Website. Most of the cookies used by b-sharpe (session cookies) are deleted at the end of the session. Other cookies remain on visitors' devices and are used to facilitate the next visit to the Website. Finally, some cookies are used to see if visitors are coming from a partner website. It is possible to disable the use of cookies in the browser settings options.

 

12. Google Analytics

b-sharpe's websites use Google Analytics. This service uses cookies to analyse how visitors use a site. Google Analytics data is transmitted to the United States by Google, is compiled and then returned for analysis. The IP address transmitted to Google is not visible and is not combined with other data, so it's not possible to link a specific user to this data.

13. Customers' rights

13.1 In principle, b-sharpe's customers may exercise the following rights:

  • Ask for the data that b-sharpe has collected on the customer who requests it;
  • Ask to modify, if necessary, the data collected by b-sharpe on the customer who requests it;
  • Ask to delete, if necessary, the data collected by b-sharpe on the customer who requests it;
  • Ask to restrict b-sharpe's processing of data on the customer who requests it;
  • Oppose the processing by b-sharpe of data on the customer who requests it.

13.2 The exercise of these rights requires that the customer in question can prove with certainty his / her identity.

13.3 If a Customer believes that b-sharpe is in breach of data protection laws, it is possible to file a complaint with the competent authority in his / her country. First of all, the Customer in question is invited to inform b-sharpe of his / her intention to file a complaint and thus give b-sharpe the opportunity to repair any possible error.

14. Contact

For any questions regarding the protection of personal data, please contact Mr. David Talerman, data protection officer: b-sharpe SA, Passage Jean Malbuisson 15, 1204 Geneva, Switzerland.

 

15. Last update

11.11.2019

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