Data Privacy Notice

Privacy Notice

This privacy notice ("Privacy Notice") informs our clients, business partners, managers and other key persons in private markets investments (or persons acting on behalf of our clients and business partners) and job applicants ("you") about how Freemont Management SA ("we", "us") treats personal data ("Data") in accordance with the Swiss Federal Act on Data Protection ("FADP") when using any of our services/products ("Services"), when supplying services/products to us, communicating with us, when applying for a job vacancy or in any of the other situations set out in Section “Processed Data and Purpose” below.

Controller and Contact Details

Controller is Freemont Management SA, 2 Rue des Remparts, 1095 Lutry, Switzerland (e-mail address: compliance@fmtsa.ch).

Obligation to Provide Data and Your Sharing of Third-Party Data

You are in general under no obligation to provide us with any Data. However, if you do not provide the required information regarding certain use cases set out in Section “Processed Data and Purpose”, we may not be able to process your corresponding request, get in contact with you or provide the Services to you.

If you share with us Data regarding any other individual (e.g. regarding your employer/employees, relatives, family members, colleagues, ultimate beneficial owners, etc.), we assume that this Data is correct. By sharing such Data with us, you confirm that you are authorized to do so and that you have informed the affected individuals about this Privacy Notice and our processing of their Data.

Processed Data and Purpose

  1. In General

    2. We may process various categories of Data, depending on the circumstances as set out hereafter. Our processing is generally based on:

    • The need for performance of our contract with you or for processing your request for a contract (e.g. in relation to services/products provided by us or supplied by you);
    • The need for compliance with legal obligations to which we are subject (e.g. in order to comply with statutory requirements, directives and recommendations from authorities);
    • Legitimate interests in fulfilling the purposes mentioned below (e.g. for security and access control purposes as well as to comply with internal regulations, including such purposes as compliance, risk mitigation, corporate governance and business organization); and/or
    • As otherwise specified hereafter.

  2. Communication

    3. We may be in contact with you by use of different channels, e.g., if you send us e-mails or by using other electronic (or hardcopy) communication means, whereby Data may be exchanged ("Communication Data").

    Purpose: In general, Service Data will be used to provide our Services to you and to comply with the applicable legal requirements and our internal regulations, including for anti-money laundering and fraud prevention purposes. We may also process Service Data to document our Service delivery, for training purposes or for quality assurance as well as for market research to improve our Services and operations and for product offering.

    Purpose: We use Communication Data to process your inquiry and any possible further questions you might have in relation to the performance of our Services and any other related questions and matters based on the content of your communication with us. We may keep this data to document our communication with you, for training purposes, for quality assurance, for follow-up inquiries and for regulatory purposes.

  3. Services

    4. When using our Services we may collect further Service-related Data, including Contract Data (as defined in Section D) Contracts) in relation to the Services (altogether "Service Data", including Registration Data and Usage Data as defined hereinafter).

    CCategories of Data: When using our Services, you may be required to e.g., open a bank account or create a bank account login, for which we may require such information as for example first name, last name, username, password, e-mail, etc. This may also include further information we require from you in order to be able to provide you with the Services, e.g., depending on the Service, such further information as address, phone number, date of birth, nationality, identity document details, profession, role and function, financial details, customer history, etc., including information from third parties and public sources (e.g. from fraud prevention or government agencies, internet sites and government registries) ("Registration Data""). We may also analyze your use of our Services in order to get to know you better and tailor our Services to you, by collecting data about your preferences, including supplementing such data with third-party information, including from public sources (altogether "Usage Data").

    Purpose: In general, Service Data will be used to provide our Services to you and to comply with the applicable legal requirements and our internal regulations, including for anti-money laundering and fraud prevention purposes. We may also process Service Data to document our Service delivery, for training purposes or for quality assurance as well as for market research to improve our Services and operations and for product offering.

  4. Contracts

    5. If we enter into a contract with you, or into negotiations regarding such contract, we may collect Data in relation to the conclusion and performance of such a contract ("Contract Data"). In general, we collect this Data from you or other contractual partners and from third parties involved in the performance of the contract but may also use Data from third-party or public sources (for example fraud prevention agencies and government registries).

    Categories of Data: Contract Data may include Service Data in general and such further information as e.g. relating to the Services to be provided, to your preferences or to your feedback, etc.

    Purpose: We use Contract Data for the preparation, conclusion, performance and administration of our contractual relationships and any questions or inquiries that might arise in that relation. Such processing may be required to comply with legal requirements and internal regulations, including Know Your Customer processes. We may keep this Data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries.

  5. Alternative Investments

    6. We may require access to certain Data of key persons in alternative investments (e.g. private equity funds) to assess the viability of certain investments. In addition, we may require certain Data of key persons required for private investments (persons acting on behalf of our clients)(“Alternative Investment Data”).

    Categories of Data: If you send us Private Investment Data to be able to carry out investment due diligence on private fund/company investments or to complete KYC obligations for alternative investments, we may collect such information as your name, email, salary level, Curriculum Vitae, passports, utility bills, criminal records and any other information you choose to provide us with and/or is included in the due diligence pack provided by the private fund/company.

    Purpose: We use Alternative Investment Data to assess the viability of certain investments in private funds/companies including for the use of performance metrics, monitoring, and decision-making.

  6. Other Investments

    7. We may require access to certain data of individuals acting on behalf of our clients in order to comply with KYC/AML obligations of counterparties("Investment Data").

    Categories of Data: If you provide us with Investment Data to enable us to satisfy counterparties requests, we may collect such information as your name, email, passport, utility bill, and any other information we deem necessary to satisfy external requests from counterparties.

    Purpose: We require Investment Data to comply with the KYC/AML requirements of counterparties.

  7. Job Applications

    8. We may process Data you provide to us in connection with an application for a job vacancy ("Application Data").

    Categories of Data: Application Data may in particular include your contact information, information about your working permit situation, your education and professional experience and any other information you choose to provide to us in connection with your application.

    Purpose: We process Application Data for the assessment of your application and potential negotiation, preparation, conclusion and performance of an employment contract with you. In case no employment contract is concluded, but you provide us with your consent to retain your application for further job vacancies, we may do so based on your consent.

  8. Relationship Management

    9. We may process your Data for relationship management (altogether "Relationship Management Data").

    Categories of Data: Relationship Management Data may in particular include your contact information (e.g. name, company type and name, business function / title, e-mail, address, etc.), such further data categories as your preferences (e.g. your areas of interest), information relating to you for use in Communication Data.

    Purpose: We process Relationship Management Data for relationship management purposes, for example to send personalized messages relating to our services and products, e.g. in the form of regular contacts either in person, via e-mail or other electronic form, by phone or any other communication channel for which we have contact information from you. We do so to keep you informed and obtain your consent with respect to products and services relevant to you, where required, based upon your consent in this regard. You can object at any time or refuse or withdraw your consent to be contacted.

  9. Profiling

    10. We may use your Data to automatically evaluate personal aspects relating to you (so-called "Profiling") but will not use it for automated decision making.

    Categories of Data: Depending on the specific circumstances, the Data categories listed in this Section may be used for Profiling.

    Purpose: Profiling may be performed for the purposes set out in this Section, in particular in order to determine whether job applicants are an appropriate fit for the Company. Profiling will only be used to gain a better understanding of certain aspects and will not lead to automated individual decision making.

Disclosure and Transfer of Data

We may disclose your Data to recipients as set out in Section A) Categories of Recipients, which may include cross-border data transfers as further described in Section B) Cross-Border Transfer of Data.

Disclosure and Transfer of Data

  1. Categories of Recipients

    2. We may make your Data available to the following recipients (in compliance with the applicable legal requirements):

    • external service providers (e.g., IT services providers, business information providers, newsletter service providers, marketing and event management service provider, asset managers, etc);
    • contractual partners (to the extent the disclosure results from such contracts, e.g., if you use our Services under a contract that we have with your employer);
    • competent authorities, including tax authorities and courts (in Switzerland and abroad, if we are legally obliged or entitled to such disclosure or if it appears necessary to protect our interests);
    • legal and professional advisors, including accountants and auditors;
    • transaction partners and advisors (e.g. in relation to mergers, acquisitions or other business transactions involving us);
    • - counterparties, including brokers, custodians, banks, and other financial intermediaries (in the context of transactions or to comply with regulatory requirements such as KYC/AML obligations).

  2. Cross-Border Transfer of Data

    3. We may transfer your Data to entities in Switzerland or to countries within the EEA or to the UK or to the following countries: US and Singapore.

Storage Periods and Erasure

We process and retain Data for as long as our processing purposes, the legal retention periods and our legitimate interests regarding documentation require it or for reasons of limited technical feasibility. Except in case of contrary legal or contractual obligations, we will erase or anonymize your Data once the storage or processing period has expired. Regarding specific use/Data categories, we will in general retain your Data as follows:

  • Communication Data: Communication Data will be deleted after responding to / completing your inquiry if and to the extent (a) we are not legally obliged to retain such Data (e.g., for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.
  • Service Data: We generally keep Service Data as long as you are accessing/receiving (or have the right to access/receive) our Services, and such Data will be deleted after termination of your contract and/or deletion of your account if and to the extent (a) we are not legally obliged to retain such Data (e.g., for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.
  • Contract Data: We generally keep Contract Data for the duration of the statute of limitations duration regarding contractual claims, as calculated from the end of the contractual relationship if and to the extent (a) we are not legally obliged to retain such Data (e.g., for accounting or document retention purposes) for a longer period and (b) we do not have an overriding legitimate interest to retain such Data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.
  • Alternative Investment Data: We generally keep Private Investment Data for the duration of the private investment including any subsequent investments in related or “re-up” funds.
  • Alternative Investment Data: We generally keep Private Investment Data for the duration of the private investment including any subsequent investments in related or “re-up” funds.
  • Investment Data: We generally keep Investment Data for the duration of the relationship with the client.
  • Application Data: We generally keep Application Data for the duration of the application process and 5 years thereafter, unless you ask or allow us to retain your Application Data for a longer time. If you do not allow to us to keep your Application Data after the duration of the application process, you must expressly inform us of this. We may retain, in any case, Application Data for longer for the assessment or exercise of, or defense against, legal claims.
  • Relationship Management Data: We generally keep Marketing Data for as long as necessary to achieve the respective purposes. Such Data will be deleted thereafter if and to the extent (a) we are not legally obliged to retain such Data (e.g., for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of, or defense against, legal claims.

Your Rights as Affected Data Subject

You have the right to request information about your Data we process and further rights regarding such data processing. In particular, you have – or may have, depending on the circumstances – the right to:

  • Information, i.e., to ask us whether we are processing Data about you, and if so, to provide you with further information related thereto.
  • Correction, i.e., to ask us to correct or complement your Data if it is incorrect or incomplete.
  • Deletion, i.e., to delete your Data (to the extent we are not under a legal obligation or have an overriding legitimate interest to retain such Data).
  • Object, i.e., right to object to the processing of your Data based on our legitimate interest by explaining your particular reasons and specific circumstances on which your objection is based.
  • Restrict processing, i.e., to ask us to temporarily restrict our processing of your Data.
  • Data portability, i.e., to ask us to provide you in electronic form (to the extent technically feasible) the Data you have provided to us.
  • Withdraw your consent, i.e., to withdraw your consent if and to the extent you have previously given your consent to any specific purpose of processing of your Data. This will not affect the lawfulness of any processing carried out before you have withdrawn your consent (or any processing based on any legal basis other than your consent) and it may mean that we will no longer be able to provide our Services to you.

In case you wish to exercise any of these rights, please contact us as specified in Section “Controller and Contact Details”. Before responding to your request, we may ask for proof of identity. This helps us to ensure that your Data is not disclosed to any unauthorized person.

Review

This Privacy Notice does not form part of any contract with you and we may amend it at any time.