(hereafter referred to as the “website”)
Version dated 22 June 2020
1. Subject of the privacy policy and responsible authority
This privacy policy provides visitors of the website (hereafter referred to as “users”) with information about the nature, scope and purpose of the collection, processing and use of their personal data by the accountable provider of the website.
The accountable providers of the website are Acolin Europe AG, Reichenaustrasse 11 a-c, 78467 Konstanz, Germany and Acolin Fund Services AG, Leutschenbachstrasse 50, 8050 Zurich, Switzerland (hereafter together “Acolin”) based on a Joint Controller Agreement dated as of 29.05.2020. For more information, please refer to the legal notice. In case of questions or comments regarding the privacy policy, you can contact us as follows: email dataprivacy(at)acolin.com
2. Collection, processing and use of personal data in general
We collect, process, and use personal data of users in compliance with the applicable data protection provisions of Switzerland and the European Union. Acolin processes personal data that has been collected in good faith and in a lawful manner comprehensible for the respective person and in accordance with the following provisions. Unless specified otherwise, the mentioned terms follow the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereafter “GDPR”).
Whenever the user visits the website, certain personal data are automatically collected. For the specific data collected, please refer to the following sections (cookies, plug-ins etc.).
3. Legal basis in general
The personal data of users is by default only processed after the user has provided consent. An exception shall apply in cases when consent cannot be obtained in advance for factual reasons and it is permitted to process the data due to legal provisions or predominant interests.
For the cases in which we obtain consent for processing personal data from the respective person, Art. 6 Para. 1 (a) GDPR or Art. 13 Para. 1 in conjunction with 4 Para. 5 Swiss Federal Act on Data Protection (FADP) shall serve as legal basis.
When processing personal data is required for fulfilment of a contractual obligation with the respective person being the contractual party, Art. 6 Para. 1 (b) GDPR and Art. 13 Para. 2 (a) FADP shall serve as legal basis. This also applies to processing required for executing pre-contractual measures.
When personal data need to be processed to preserve a legitimate interest of our enterprise or of a third party and the interests, basic rights and freedoms of the affected person do not outweigh the former interests, Art. 6 Para. 1 (f) GDPR and Art. 13 Para. 2 FADP shall serve as legal basis for processing personal data.
4. Purpose of processing in general
The collected personal data of the users may be used for marketing purposes. More specific information is available in the provisions below.
When contacting Acolin, for example through the contact form, the information and contents of the form are used and stored for processing the request and possible follow-up questions.
Acolin may pass personal data on to their affiliates (hereinafter together “ACOLIN Group”) for the previously mentioned purposes. In any case, the specific purpose of data collection remains in force.
5. Collection of general information when visiting the website (log files)
Every time the website is accessed, the webspace provider automatically collect certain information. This information is referred to as server log files.
The collected information includes: Access date and time, web browser and version used, referrer URL (the page from which you access our website), and the IP address.
This data is stored in the log files for debugging purposes and to be able to identify the perpetrator in case of online attacks (hacking etc.). Therefore, the collection of personal data is mandatory while a limitation of or objection to data processing could lead to loss of full functionality of the website, which is why such limitation or objection is only possible in part.
Art. 6 Para. 1 (f) GDPR and Art. 13 Para. 2 FADP serve as legal basis for temporarily storing data and log files.
6. Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics makes it possible to allocate dates, sessions, and interactions across several devices to one pseudonymous user ID and therefore analyse the activities of a user on several devices.
Google Analytics also uses cookies. The information about your use of our website generated by cookies (such as web browser and version used, operating system of the user, domain name of the Internet provider of the user, referrer URL, abbreviated IP address) is generally transmitted to a Google server in the United States and stored there. The respective Cookie will only be stored if you expressly consent to this.
We only use Google Analytics with IP anonymisation enabled. This means that Google truncates the IP address within member states of the European Union and other contractual states of the treaty of the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and truncated there. Therefore, Acolin is no longer able to match the address to a person.
Google uses the information on our behalf to anonymously evaluate your use of the website, compile reports about website activities and provide further services associated with the use of the website and the Internet in general to the website operator. The IP address transmitted by your browser for Google Analytics is not linked with other data provided by Google. The legal basis for the use of Google Analytics is Art. 6 Para. 1 (a) GDPR and Art. 13 Para. 1 FADP. More information about the terms of use and data protection is available at http://www.google.com/analytics/terms/gb.html or at https://policies.google.com/?hl=gb.
7. Lead Forensics
This website uses Lead Forensics, a tool developed by Lead Forensics Limited, 3000 Lakeside Western Road, Portsmouth, Hants P06 3EN.
After the user has given consent to this Privacy Policy, its IP address is tracked by Lead Forensics and matched against a data base of static IP addresses maintained by Lead Forensics.
In case the IP address belongs to a known enterprise, the IP address, the name of the business and the details of the visit (date, time, site) are stored and sent to the owner.
In case a dynamic IP address is detected, or the IP address is not matched in the database of Lead Forensics, no information is stored.
These information are used for business development purposes. The legal basis for using this tool is Art. 6 Para. 1 (f) GDPR and Art. 13 Para. 2 FADP.
8. Information about newsletter and consent
The following information is intended to explain the content of our newsletter as well as the subscription, distribution and statistical analysis processes and your rights of objection. By subscribing to our newsletter, you consent to receiving it and to the described processes.
Our website offers the option of subscribing to a newsletter free of charge. When doing so, the data entered to subscribe to the newsletter (all mandatory: e-mail address, first and last name, enterprise) as well as the log data (see b) below) are sent to us. If you register to receive our newsletter, we will only use the data you entered for the purposes of personalising the newsletter or to inform you about the circumstances relevant for this service or registration.
To process data, we obtain your consent during the registration process (see Art. 6 Para. 1 (a) GDPR) and refer to this privacy policy.
a) Contents of newsletter
We send newsletters, e-mails and other electronic notifications containing advertisements (hereafter referred to as the “newsletter”) only if consent has been provided by the recipient or on the basis of legal provisions. In addition, our newsletters contain information about current topics concerning Acolin.
b) Double opt-in and logging
If you subscribe to our newsletter, it will be via a double opt-in process. This means that you will receive an e-mail after registering in which you will be asked to confirm that you wish to subscribe. This confirmation is required so that nobody can subscribe with e-mail addresses belonging to other people. Your registration for the newsletter is logged so that the registration process can be substantiated as required by legal provisions. This includes storing the time you registered and confirmed, as well as your IP address.
c) Use of the e-mail marketing service provider “Newsletter2Go”
Newsletters are sent using “Newsletter2Go“, an e-mail marketing platform of the service provider Sendinblue GmbH, Köpenicker Straße 126, Berlin, Germany. The e-mail addresses of our newsletter recipients and other personal data obtained as part of this information about the newsletter is stored on Sendinblue servers in Germany. Sendinblue uses this information to send and evaluate the newsletter in our order. Furthermore, Sendinblue may, according to its own information, use this data to optimise or improve its own services, e.g. for the tech-nical optimisation of shipping and the presentation of newsletters or for economic purposes, to determine which countries the recipients come from. However, Sendinblue does not use the data of our newsletter recipients to write to them themselves and does not share the data with third parties. Subcontractors and subsidiaries are excluded from this.
We rely on the reliability and IT and data security of Sendinblue. Furthermore, we have concluded a Data Processing Agreement with Sendinblue. This is a contract in which Sendinblue has committed to protecting the data of our users, to process it in accordance with its privacy policy on our behalf and, in particular, not to disclose it to third parties. You can view the privacy policy of Sendinblue here.
The legal basis for the inclusion of Sendinblue is Art. 6 Para. 1 (a) GDPR and Art. 13 Para. 1 FADP.
d) Statistical survey and analyses
The newsletters contain a “web-beacon”, meaning a pixel-sized file that is retrieved from the Sendinblueserver when the newsletter is opened. In the scope of this retrieval, technical information is initially collected, such as information about the browser and your system, as well as your IP address and time of retrieval. This information is used to improve the technical performance of services based on their specifications or target audience and their reading behaviour, according to their retrieval locations (which can be determined using the IP address) or access times. Statistical surveys also include determining whether the newsletters will be opened, when they will be opened, and which links will be clicked on. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our desire nor that of Sendinblue to monitor individual users. The analyses serve us to a greater extent and only with a view to identifying the reading behaviour of our users and to adapt our content to them or to send different content, according to the interests of our users.
e) Online request for information and data management
There are cases in which the newsletter recipients are redirected to the Sendinblue websites. This means that our newsletters may contain links that allow newsletter recipients to retrieve newsletters online (for example, in the event of problems displaying it with the e-mail program). Furthermore, newsletter recipients can store their data, such as subsequently correcting the e-mail address. Similarly, the Sendinblue privacy policy is only available on their website.
In this context, we point out that cookies are used on the Sendinblue websites and therefore personal data is processed by Sendinblue, their partners and service providers (for example, Google Analytics). We have no influence on this data collection. Further information can be found in the Sendinblue privacy policy. We also point out the possibilities to object to data collection for advertising purposes on the websites http://www.aboutads.info/choices/ and http://www.youronlinechoices.com/ (for the European area).
f) Cancellation/revocation and deletion
You may object to the receipt of our newsletter at any time; in other words, you may revoke your consent. At the same time, your consent to it being sent via Sendinblue and the statistical analyses will be cancelled. Unfortunately, you cannot separately revoke your consent to it being sent via Sendinblue or to the statistical evaluation.
At the end of each newsletter you will find an unsubscribe link.
The personal data is deleted by us as soon as it is no longer necessary for the purpose of its collection. The e-mail address of the user is therefore stored as long as the subscription to the newsletter is active. The other personal data collected in the course of the registration process will be kept for as long as it is required to prove that the user has subscribed to the newsletter. Sendinblue GmbH will delete the personal data collected after the discontinuation or expiration of the contractual relationship with Acolin or will provide this information to Acolin for deletion.
9. Contact form
Contact forms are available on our website that can be used to make contact electronically. If a user uses this option, the data entered in the form will be transferred to us and saved. These details are:
Name
Enterprise
Email address
Subject
Message
At the time of sending the contact form, the following data is also stored:
The user’s IP address
Date and time of the communication
In order to process personal data, your consent is obtained during the sending process and reference is made to this privacy policy.
Alternatively, contact is possible via the e-mail address provided. In this case, the user’s personal data communicated by e-mail will be stored.
In this context, there is no disclosure of the data to third parties, with the exception of the aforementioned disclosure within ACOLIN Group. The personal data from the entry form is processed exclusively for contact and conversation purposes. The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
The legal basis for the data processing is the user’s consent as per Art. 6 Para. 1 (a) GDPR and Art. 13 Para. 1 FADP. The legal basis for the processing of data communicated in the course of sending an e-mail is Article 6 Para. 1 (f) GDPR and Art. 13 Para. 2 FADP. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 Para. 1 (b) GDPR and Art. 13 Para. 2 (a) FADP.
The user has the possibility to revoke their consent to the processing of personal data at any time. If the user contacts us by e-mail, they may object to the storage of their personal data at any time. In such a case, however, conversation cannot continue. All personal data that is stored in the course of establishing contact will be deleted in this case. If consent is not revoked, the data will be deleted as soon as it is no longer needed. Previous legal provisions remain reserved.
10. User rights
a) Right to information
You can request a confirmation that personal data concerning you is processed by us. If such processing is taking place, you can request details about the information as per Art. 15 GDPR and Art. 8 (f) FADP.
b) Right to rectification
You have a right to have your personal data corrected and/or completed if the personal data concerning you is incorrect or incomplete. Acolin has to correct the data without delay.
c) Right to restriction of processing
Under the conditions set out in Art. 18 GDPR, you may request the restriction of processing of your personal data. If the processing of personal data concerning you has been restricted, this data may only be processed – with the exception of its storage – with your consent or another legal exemption.
d) Right to erasure
You may request that the personal data concerning you be immediately deleted, and Acolin is obliged to immediately delete this data, provided that one of the reasons stated in Art. 17 GDPR is fulfilled and there is no exemption clause.
e) Right of objection
You have the right at any time, for reasons that arise from your particular situation, to appeal against your personal data being processed, which occurs pursuant to Art. 6 paragraph 1 (e) or (f) GDPR.
f) Right to withdraw the data protection declaration of consent
You have the right to withdraw your data protection declaration of consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the point of revocation.
g) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to appeal to a supervisory authority, in particular in the EU Member State of your place of residence, place of work or place of alleged breach, if you believe that the processing of the personal data concerning you violates the GDPR and said regulation is applicable. The supervisory authority to which the appeal has been submitted shall inform the claimant of the status and results of the appeal, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
For data processing under Swiss law, the remedies are governed by FADP.
The described rights can be asserted in writing by letter to the address mentioned above or by e-mail to dataprivacy(at)acolin.com
11. Storage period
Unless otherwise stated in individual cases, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not obstruct any statutory storage obligations.
12. Changes to the privacy policy
We reserve the right to change the privacy policy, in order to adapt it to changed legal situations, or to changes in the service and data processing. However, this only applies to declarations of data processing. If consents are required or parts of the privacy policy contain provisions of the contractual relationship with you, the changes will only be made with your consent. We ask you to inform yourself regularly about the content of the privacy policy.
13. More information
Acolin endeavours to store your personal data by taking all appropriate technical and organisational measures so that it is not accessible to third parties. When communicating by e-mail, complete data security cannot be guaranteed, so we recommend that you send confidential information by post.
Employees and service providers appointed by Acolin are required by Acolin to maintain confidentiality and to comply with the applicable privacy policies.
We take organisational, contractual and technical security measures in accordance with the state of the art, in order to ensure that the provisions of the data protection laws are complied with and to protect the data we manage from accidental or intentional manipulation, loss, destruction or access by unauthorised persons.