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 are an integral part of b-sharpe’s General Terms and Conditions and must be read in conjunction therewith.
1. Definitions and responsibilities
1.1. For the purposes of these provisions, the term “personal data” (“personal data” or “data”) refers to all information that relates to an identified or identifiable natural person (“customer,” “user,” or “data subject”).
1.2 b-sharpe, Pont-Rouge, Esplanade 2, 1212 Grand-Lancy (UID: CHE-113.223.739) is responsible for how customers’ personal data is collected, used, and protected. b-sharpe has appointed Mr. Julien Dubost as Data Protection Officer.
2. Purpose and background
2.1 The protection of privacy, customer data, and financial information is a priority for b-sharpe. This document and b-sharpe’s General Terms and Conditions set forth the principles upon which b-sharpe processes and collects customers’ personal data.
2.2 These provisions describe in detail b-sharpe’s internal policies for obtaining the necessary consent for processing data as well as using data collected by b-sharpe, and the protection and security of data collected. For security reasons, b-sharpe’s internal policies cannot be shared or published. To the extent possible, the b-sharpe Security Officer and the b-sharpe Data Protection Officer are available to answer questions from customers and users concerning b-sharpe’s internal policies (see art. 13 below).
3. Privacy and compliance with applicable laws
b-sharpe processes collected data in the strictest confidence, in compliance with applicable law.
4. User’s declaration
By using b-sharpe’s Site, platforms, and services, the customer or user consents to b-sharpe using the information provided to b-sharpe in its activities and in accordance with these provisions. The Customer confirms that the information provided to b-sharpe is accurate and complete.
B. Data Collection and Processing
5. Data collected
5.1 b-sharpe collects and processes data and information from customers or potential customers when they open an account and/or use b-sharpe’s platforms or services. In addition, b-sharpe collects and processes personal data 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 example, full name, date of birth, age, nationality, gender, signature, bills, photographs, telephone number, postal address, and email address);
Business and income data;
- Financial data (including, for example, account/contract number, other account information);
- Data on transactions and the financial background of transactions and contractual relationships;
- Data necessary for effective marketing (including, for example, preferences for the use of services offered);
- Data collected when accessing content on the Site/platform (including, for example, date and time of access, IP address, cookies, etc.);
- Data allowing identification of the customer, the control person and/or the financial beneficiary in accordance with the document “Fight against money laundering.”
5.2 Subject to prior explicit or implicit consent of the parties concerned, b-sharpe has the right to record telephone conversations for security reasons or as evidence.
5.3 b-sharpe may also receive information from banks and financial institutions used by its customers to transfer money while using its services or on behalf of its business partners (including, for example, partners specialized in criminal background checks, identity verification or political exposure, credit bureaus, etc.).
5.4 b-sharpe also collects certain personal data from publicly available sources (including, for example, debt collection registers, land registers, business registers, press, Internet, etc.).
5.5 In the event that b-sharpe requires certain information to provide services and, upon request, a user fails to provide the information, b-sharpe may not be able to offer its services to the user.
6. Data processing
6.1 b-sharpe processes customers’ personal information, in accordance with legal provisions, mainly for the following reasons:
- To offer its services (including, for example, registration on the platform and creation of a customer profile);
- To fulfill its obligations to customers and business partners;
- To optimize, develop and administer the Site, the platform, and its services;
- To inform its customers of changes in its services;
- To comply with legal and regulatory requirements such as, for example, obligations arising from the Money Laundering Act (see the document “Anti-Money Laundering”);
- To exercise its rights and form a defense related to litigation and judicial or administrative proceedings.
6.2 Where prior consent by the customer or user is required by law for processing data, b-sharpe will obtain consent before it begins processing the data. If consent is not given, b-sharpe may not be able to provide services to the customer or user.
6.3 Insofar as processing information is subject to the European Union’s General Data Protection Regulation (GDPR), the legal basis for processing shall be as follows:
- Where it is necessary to process data in the performance of a contract to which the data subject is a party, or in the performance of pre-contractual action undertaken at the data subject’s request;
- Where it is necessary to process data in order to comply with a legal obligation to which b-sharpe is subject;
- Where it is necessary to process data in the pursuit of legitimate interests by b-sharpe or a third party, unless the interests or fundamental rights and freedoms of the data subject prevails;
- Where the data subject has consented to processing his or her personal information for one or more specific purposes.
7. Newsletter and service communications
7.1 Potential customers and interested persons can subscribe to the newsletter on the Site by providing the personal information requested in the online form. Customers and users will be required to confirm the validity of their email address by clicking on a confirmation link that will be sent to the email address provided (double opt-in confirmation). Customer information is captured only after the email address has been confirmed.
7.2 b-sharpe customers are automatically subscribed to the newsletter. They are also subscribed to communications regarding services. The purpose of these communications is to notify customers of:
- Temporary or permanent changes or interruptions in, or new features or updates to, b-sharpe’s services, applications or software;
7.3 b-sharpe collects, via its e-mail distribution service, information concerning persons subscribed to the newsletter, including IP address, date, and time of subscription. The data collected will only be used to send newsletters. The newsletters contain codes allowing b-sharpe to track statistics, including open rate and click rate.
7.4 Depending on information needs, b-sharpe may transmit newsletters on the basis of geographical distribution, which is deduced from the IP address.
7.5 Customers and users may unsubscribe from newsletters at any time either by clicking the unsubscribe link contained in the newsletters or directly on the Site. b-sharpe customers may not unsubscribe from communications concerning services, or communications concerning the establishment and execution of b-sharpe’s contractual or legal obligations.
8. Incomplete registration
8.1 Customers who have registered with b-sharpe but have not finalized their registration will receive reminder emails from b-sharpe. These emails are automatically sent based on timestamp information and open status. This reminder is sent via the email distribution service.
8.2 Reminder emails can be stopped at any time by clicking on the unsubscribe link contained in the emails or directly on the Site.
9. Cookies and tracking technology
9.2 In some cases, third parties may collect anonymized data about the use of b-sharpe platforms and make this data (in anonymized form) available to b-sharpe, in order to enable b-sharpe to determine:
- Geographic regions from which users accessed the platforms;
- The names of the sites that display b-sharpe ads;
- And user behavior regarding b-sharpe ads posted on other sites.
9.3 As it relates to these provisions, the terms “cookie," “plug-in,” and “tracking pixel” have the following definitions:
- A tracking pixel is a piece of code used to collect and communicate information to online advertisers about using b-sharpe platforms, such as pages visited or interaction with those pages. Tracking pixels allow the user’s browser to automatically establish a connection with an online advertiser’s server. The latter is thus informed of the user’s access to one of b-sharpe’s platforms. This ensures that advertising campaigns are relevant to users’ interests. If the user is identified by an online advertiser using tracking pixels, the online advertiser may correlate the visit to one of b-sharpe’s platforms with the visit to a third-party site. b-sharpe has no control over the extent to which online advertisers use the data collected through tracking pixels. For more information on this subject, consult the privacy notices accessible via the links indicated in the table below.
9.4 b-sharpe does not collect any data by means of cookies, pixels, plug-ins or other tracking technology, unless the user has explicitly agreed to such tracking via the consent manager displayed when first accessing b-sharpe’s platforms. Privacy settings can be changed at any time either via the cookie button on websites or via personal settings in mobile applications. Cookies strictly necessary for proper functioning of b-sharpe’s platforms do not require user consent (see GDPR Art. 6.1. (f )) because this processing is necessary to preserve legitimate interests.
9.5 Cookies and tracking technology used (b-sharp cannot guarantee that these links are the most current):
|Category||Function||Product and Supplier|
|Product||Supplier||Link to the supplier’s privacy information|
9.6 Unless otherwise stated in art. 11 below, the data collected through cookies and tracking technology is stored and used by b-sharpe for one year. With respect to data collected by third parties, the privacy policies listed above apply.
10. Data transfer and transmission
10.1 b-sharpe may supply collected data to third parties within the limits permitted by law. In particular:
- To business partners, if necessary for data processing as described in art. 6 above (including, for example, service providers such as advertising agencies, computer specialists, database providers, backup and recovery specialists, email providers or call centers, etc.);
- To any Swiss or foreign authority entitled to receive data based on a request or an enforceable judgment, as well as any entity authorized as part of an audit and review, or any custodian bank or corresponding third party authorized by b-sharpe that requires the data for the fulfillment of its own obligations, but in these situations, only to the extent required by law.
10.2 The above-mentioned business partners must meet b-sharpe’s information handling and security standards. The information provided will only be that which is necessary for the purposes of their services.
10.3 Information will not be sold to third parties for marketing purposes.
11. Data storage
11.1 b-sharpe has the right to store customer and user data in whatever format it chooses, particularly electronic format.
11.2 Digital data collected is stored on b-sharpe’s servers in Switzerland.
11.3 b-sharpe will keep the collected data as long as necessary, for the purposes for which it was collected, i.e., to offer its services. Furthermore, b-sharpe will keep the collected data as long as necessary to fulfill legal and regulatory obligations (see for example the document “Anti-Money Laundering”), as long as claims could be made against b-sharpe and as long as the legitimate interest of the parties concerned, including data security, so requires. After this period, the data will be deleted.
C. Rights of persons concerned and final provisions
12. Rights of persons concerned
12.1 As a rule, persons concerned by b-sharpe’s processing of personal data, can exercise the following rights:
- Request the data that b-sharpe has collected on the user-requester;
- Request that b-sharpe modify, if necessary, the data that b-sharpe has collected on the user-requester;
- Request that b-sharpe delete, if necessary, the data that b-sharpe has collected on the user-requester;
- Request that b-sharpe restrict processing the user-requester’s data;
- Object to b-sharpe processing the user-requester’s data.
12.2 Exercise of these rights requires that the data subject prove his or her identity with certainty.
12.3 If a user believes that b-sharpe has violated the data protection law, the user has the right to file a complaint with the competent authority in his or her country. As a first step, the user is urged to inform b-sharpe of his or her intention to file a complaint in order to give b-sharpe an opportunity to address any possible error.
13. Contact and Data Protection Officer
For all questions regarding personal data protection, b-sharpe has appointed Mr. Julien Dubost as Data Protection Officer. Requests in this regard can be directed to b-sharpe SA’s address: Pont-Rouge, Esplanade 2, 1212 Grand-Lancy, Switzerland or go to https://www.b-sharpe.com/en/gdpr-personal-data-request/
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