1. General

This Privacy Policy provides information about how Matterhorn Asset Management AG (“MAM”) processes personal data.

“Personal data” means all information relating to an identified or identifiable natural or legal person.

“Processing” means any handling of personal data, regardless of the means and procedures used, in particular, the acquisition, storage, use, modification, disclosure, archiving, deletion or destruction of personal data.

In connection with specific kinds of data processing, e.g. the entry into contracts, additional provisions might apply. Such provisions are available in the relevant contracts.

2. Data security

MAM is committed to protecting Personal Data and privacy in accordance with applicable laws, in particular client confidentiality and data protection law. To this end, MAM takes various technical and organizational security measures (e.g. access restrictions, firewalls, personalized passwords as well as encryption and authentication technologies, training of employees, etc.).

3. Categories of personal data

MAM processes the following categories of Personal Data. We always process as little personal data as possible.

Data from business partners, such as:

• Master and inventory data (e.g. name, address, nationality, date of birth, professional background)
• Technical data (e.g., business numbers, IP addresses, internal and external identifiers, access records).
• Marketing data (e.g. preferences, needs)

Customer data, such as:

• Master and inventory data (e.g. name, address, nationality, date of birth, information regarding account, custody account, concluded transactions and contracts, information on third parties affected by data processing, such as spouses, authorized representatives and advisors).
• Transaction or order and risk management data (e.g., information on beneficiaries of transfers, beneficiary bank, amount of transfers, risk profile, information on products).
• Technical data (e.g., business numbers, IP addresses, internal and external identifiers, access records).
• Marketing data (e.g. preferences, needs)

Visitor and Prospect Data (e.g., visitors to MAM websites), such as:

• Master and inventory data (e.g. name, address, date of birth)
• Technical data (e.g. IP addresses, internal and external identifiers, access records)
• Marketing data (e.g. preferences, needs)

Supplier data, such as:

• Master data and inventory data (e.g. name, address, date of birth, information on concluded transactions and contracts).
• Technical data (e.g. IP addresses, internal and external identifiers, access records)

4. Origin of the personal data

MAM may collect Personal Data from the following sources in order to fulfill the purposes set forth in Section 5:

• Personal Data provided to MAM, e.g. when opening a business relationship, in the course of the execution of contracts, the use of products and services or on websites.
• Personal Data that is generated in the course of using products or services and is transmitted to MAM by the technical infrastructure or by processes based on the division of labor, e.g. in payment transactions, securities trading, eBanking, websites or on the occasion of cooperation with other financial or IT service providers.
• Personal data from third-party sources, e.g. from authorities or sanctions lists of the UN and the EU.

5. Purposes of processing

We may process personal data to provide our own services and for our own purposes or those provided for by law. In particular, the following should be considered:

• Conclusion and fulfilment of contracts, execution, processing and administration of products and services (e.g. accounting, commercial register entries and mutations, invoices, account openings, payments, insurance, consolidation).
• Monitoring and managing risks (e.g. investment profiles, anti-money laundering, limits, market, credit or operational risks).
• Statistics, planning, business decisions (e.g. development of new or assessment of existing services, products, processes, technologies).
• Marketing, communicating, informing about and reviewing service offerings (e.g., print and online advertising, customer, prospect or other outreach, identifying future customer needs, assessing a customer, market or product potential).
• Fulfilment of legal or regulatory disclosure, information or reporting obligations to courts and authorities, fulfilment of official orders (e.g. reporting obligations to FINMA, orders from public prosecutors in connection with money laundering and terrorist financing).
• Safeguarding the interests and securing the claims of MAM, e.g. in the event of claims against MAM or claims of MAM against third parties.

6. Disclosure to third parties, categories of recipients

MAM discloses Customer Data to the following third parties in the following circumstances:

• For outsourcing pursuant to Section 7 and for the purpose of comprehensive customer service to other service providers.
• For order execution, i.e. when products or services are used.
• Due to legal obligations, legal justification or official orders, e.g. to courts, supervisory authorities, tax authorities or other third parties.
• To the extent necessary to protect MAM’s legitimate interests, e.g. in the event of legal action threatened or initiated by clients against MAM, in the event of public statements, to secure MAM’s claims against clients or third parties, in the event of collection of MAM’s receivables, etc., MAM will not be liable to any third party for any such action.
• With the consent of the data subjects to other third parties.

In particular, when using certain products or services, personal data may also have to be disclosed to third parties in countries that do not have an adequate level of data protection. If a transfer to such a country is necessary, we take suitable precautions, if possible, to continue to protect personal data appropriately.

7. Outsourcing of business areas or services (outsourcing)

MAM outsources certain business areas and services in whole or in part to third parties (such as accounting, web engineering, newsletter, IT systems, etc.).

The service providers who process Personal Data on behalf of MAM for this purpose (so-called Order Processors) are carefully selected. Whenever possible, MAM uses Order Processors domiciled in Switzerland. The Order Processors may be entitled to have certain services (e.g. electronic data processing, etc.) provided by third parties.

The Order Processors may only process Personal Data received in the same way as MAM itself and are contractually obligated to ensure confidentiality and security of the data.

8. Automated decisions in individual cases, including profiling

We reserve the right to process customer data in the future, if necessary also automatically, in particular to identify essential personal characteristics of the customer, to predict developments and to create customer profiles. This serves in particular to review and further develop offers and to optimize the provision of services.

9. Use of websites and cookie policy

When a person visits MAM Websites, the web server automatically records details of that person’s visit (e.g., the website from which the visit is made, the visitor’s IP address, the content of the MAM Website that is accessed, including the date and duration of the visit). Such tracking data is used to optimize the MAM Websites and to provide information about how the visitor learns about and uses MAM’s products, services and offerings. As a rule, however, they do not allow any conclusions to be drawn about the identity of the visitor. In this respect, no personal data is processed.

However, to the extent that the Visitor provides Personal Data, e.g. by filling out a registration form or message field for newsletters, etc., MAM may use such data, in addition to the purposes set forth in Section 5, in particular for the following:

• for customer and user administration;
• to inform the visitor about services and products;
• for marketing purposes (e.g. sending newsletters);
• for the technical “hosting” and further development of the MAM Websites.

When visiting MAM websites, the visitor’s data is transported via the Internet, i.e. an open network accessible to anyone. Data transmitted via electronic media (including e-mail) cannot be effectively protected against access by third parties. This entails the risk, among other things, that the data may be disclosed or its content changed, that the identity of the sender (e.g. e-mail) as well as the content of the message may be faked or manipulated in some other way by unauthorized persons, that viruses may be released, that technical transmission errors, delays or interruptions may occur, that data may be transmitted uncontrolled abroad, where data protection requirements may be lower than in Switzerland, etc.

By using the MAM Websites, a visitor confirms his or her express agreement with this Privacy Policy and the risks mentioned.

In addition, by using the MAM Website, a Visitor consents to the use of cookies. Cookies are small files that are stored on the visitor’s computer to track the corresponding website visit and navigation between different pages and/or to save settings (e.g. selected language). Cookies are used to collect statistical data on the frequency and time of visits to individual website areas, and help to design tailored, useful and user-friendly websites. The Visitor may opt out of the use of cookies at any time by deleting the cookies set by the MAM Website. Deletion is possible via the settings in the Visitor’s Internet browser.

Occasionally, MAM uses third-party components (such as plug-ins) to enhance the user experience and online advertising campaigns. These components may also use cookies for similar purposes. Neither these third parties nor MAM have access to the data collected by the other using cookies. Finally, MAM also uses cookies as part of MAM’s advertising on third-party websites with which MAM has marketing relationships. To the extent that Third Parties collect anonymized information about the use of MAM Websites and other websites, MAM may use this anonymized data to improve the effectiveness of its advertising.

This title of this Privacy Policy applies only to data MAM receives as a result of your use of MAM Websites. It does not apply to third party websites, even if the visitor accesses them through links on a MAM Website. MAM has no control over, and cannot assume any responsibility for, the content and privacy practices of third-party websites.

10. Duration of storage

The duration of the storage of personal data depends on the purpose of the respective data processing and/or statutory retention obligations, which amount to five, ten or more years depending on the applicable legal basis.

11. Rights of the data subjects

Anyone can request information from us as to whether personal data about them is being processed. There is a right of objection, restriction of processing and, where applicable, a right to data portability. Incorrect data can be corrected. Furthermore, the deletion of personal data can be requested, unless legal or regulatory requirements (e.g. legal retention obligations of business-relevant data) or technical hurdles prevent this. The deletion of data may result in us no longer being able to provide certain services. In addition, where applicable, there is a right of appeal to a competent authority. Where we process personal data on the basis of consent, this consent can be revoked at any time.

In order to assist us in responding to your request, we kindly ask you to provide us with a comprehensible message. We will review and respond to your request within a reasonable period of time.

12. Contact

MAM is responsible for processing your personal data. The contact details of MAM are as follows:

Matterhorn Asset Management AG
Bahnhofstrasse 43
8001 Zurich