QuantArea AG: Customer Information on Data Protection
QuantArea AG (hereinafter referred to as “the Company”) provides with this customer information all essential information about your personal data collected and otherwise processed within the scope of your asset management and/or investment advisory mandate.
Contact details of the data controller
Responsible for the data processing described here is QuantArea, reachable at:
QuantArea AG
Bernapark 28
3066 Stettlen
info@quantarea.ch
+41 31 561 17 00
This document is aligned with the EU General Data Protection Regulation (“GDPR”) and the Swiss Data Protection Act (“DSG”) and aims to fulfill the information obligations of the Company. However, the application of these laws depends on the individual case.
A. Collection and Processing of Personal Data
Personal data includes all information relating to an identified or identifiable natural person. In the context of your mandate, the Company collects several types of personal data from you.
These include in particular:
- Personal information (e.g., name, address, date of birth, marital status) and that of family members, partners
- KYC- information (e.g., source of wealth/money, occupation, transaction details)
- Bank account information (e.g., IBAN)
This also includes any other information you provide to us or that is necessarily collected in the course of providing the agreed-upon service.
To the extent permitted, we may also receive your personal data from affiliated companies, authorities, or other third parties (such as Swissquote or other custodian banks). The categories of data we receive from third parties about you, in addition to the data you have provided directly to us, include, among other things, information from public registers, data we have received in connection with administrative or judicial proceedings, information about you from correspondence and conversations with third parties, information about you provided to us by associated persons (family members, advisors, legal representatives, etc.) for the purpose of concluding or executing contracts with you or with your involvement (e.g., powers of attorney), information about legal regulations such as those relating to anti-money laundering, information about you found in the media or on the internet (as indicated on a case-by-case basis).
In principle, we store this data for 12 months after the purpose of processing has ended. This period may be longer if required for evidentiary purposes or to fulfill legal or contractual).
B. Purpose of Data Processing and Legal Bases
The Company primarily uses the collected data to provide the agreed-upon services to our clients and to procure products and services from our suppliers and subcontractors, as well as to fulfill domestic and foreign legal obligations.
In addition, in accordance with applicable law and as far as appropriate, we may process personal data for the following purposes, which are in our (or, if applicable, a third party’s legitimate interests), such as:
- Provision and development of our products, services, and websites, apps, and other platforms on which we operate;
- Advertising and marketing (including organizing events), provided you have not objected to the use of your data for this purpose (if you are part of our customer base and receive advertising, you can object at any time, and we will blacklist you from further advertising mailings);
- Asserting legal claims and defending against legal disputes and official proceedings;
- Prevention and investigation of crimes and other misconduct;
- Ensuring our operations, including our IT systems, our websites, apps, and other applications;
C. Rights of the Data Subject
To the extent permitted by applicable law, individuals whose personal data is processed (“data subjects”) have a number of rights related to the processing of their data. It is important for the Company that you can exercise your rights easily and transparently if you wish to do so.
You have the following rights in particular:
- To request and receive information as to whether and what data we process about you;
- To request that inaccurate or incorrect data be corrected;
- To object to all or certain processing activities;
- To request the deletion of data;
- To request that we provide you with certain personal data in a commonly used electronic format or transfer it to another data controller (data portability)
- To withdraw consent if our processing is based on your consent;
- To receive further information about the exercise of these rights upon request.
In general, exercising these rights requires you to prove your identity (e.g., by providing a copy of identity documents if your identity is not otherwise apparent or verifiable). To exercise these rights, please contact us in writing using the contact details provided above. However, please note that we reserve the right to assert legal restrictions or exceptions on our part, such as if we are obliged to retain or process certain data, have a predominant interest (to the extent we may rely on such interests), or need the data to assert claims.
Please also note that exercising these rights may conflict with your contractual obligations, which may have consequences such as early termination of the contract and may be associated with costs. If this is the case, we will inform you in advance, unless already contractually agreed.
Furthermore, each data subject has the right to assert their rights in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/).
D. Disclosure of Data to Third Parties and Transfer of Data Abroad
In connection with our mandate, our services and products, our legal obligations, and in accordance with the purposes of data processing mentioned above, we may disclose data to third parties, to the extent such disclosure is permissible and we deem it appropriate for them to process the data on behalf of the Company (“data processors”) or, where applicable, for their own purposes (“data controllers”). In particular, the following categories of recipients may be affected:
- External LCR-provider
- CRM / PMS-provider
- Daten-Hosting-provider
- Custodian banks
- Domestic and foreign authorities, official bodies, and courts
Certain recipients are located in Switzerland, while others may be located in any country worldwide. In particular, you should expect your data to be transferred to any country where the Company is represented by subsidiaries, branches, or other offices, as well as to other countries (UK, EU countries) where our service providers operate (including Microsoft, Interactive Brokers, Hubspot).
If a recipient is located in a country without adequate legal data protection, we require the recipient to comply with data protection. An exception may apply, for example, in the case of legal proceedings abroad, as well as in cases where there is an overriding public interest or where fulfilling a contract requires disclosure, if you have consented, or if the data has been generally made available by you and you have not objected to the processing.
E. Changes to this Data Protection Policy
We reserve the right to change this data protection policy at any time without prior notice. The current version published on our website shall apply. If the data protection policy is part of an agreement with you, we will notify you of any changes by email or by other appropriate means.