Data Protection Declaration

  1. Introduction

Swiss Insurance Law Sàrl (“we”, “us”) respect your privacy. We undertake to treat the information and data obtained or received about you carefully and responsibly at all times and to process it in compliance with the relevant data protection regulations.

For the processing of personal data by Swiss Insurance Law Sàrl, you will find information below, i.e. information on how we process your personal data when you use our services or are otherwise connected with us, communicate with us or otherwise have dealings with us.

  1. Contact Details

We are responsible for the processing of your personal data, i.e.:

Swiss Insurance Law Sàrl
Weinrebenstrasse 54
8708 Männedorf

For requests in connection with the protection of your personal data, you can contact the aforementioned office by email or post.

  1. Types of Personal Information We Collect

“Personal data” means any information relating to an identified or identifiable individual. This includes various categories of information that you provide to us, such as name, contact details, email address, information about the company you work for, telephone number, date of birth, customer history, powers of attorney, signature rights, financial information, such as payment information, IP address, contract data that arises in connection with the conclusion or execution of a contract as well as other information relating to you. We receive this data either directly from you as the data subject or from any third parties involved, such as e.g. contracting parties, authorities, courts, banks, insurance companies, asset managers or any counterparties. This does not include statistical data or anonymised data that cannot be directly linked to you.

To the extent permissible, we also process data about you that we have collected ourselves, e.g. from public registers or from websites. This includes, in particular, master data and contract data. If you provide us with information about other persons, we will assume that you have the authority to do so, that such information is accurate and that you have ensured that these persons are aware of this disclosure and have consented to it, where necessary.

A “data subject” is an individual whose personal data is processed; “Processing” means any handling (procurement, saving, storage, use, modification, disclosure, archiving, deletion, destruction) of personal data.

  1. Basis and Purposes of the Data Processing

We process your personal data primarily in connection with our contractual relationship with you and any third parties involved and thus for the purpose of initiating, concluding, managing and processing assignments.

In particular, your personal data will be processed if it is necessary for the conclusion or performance of a contract in order to:

  • be able to provide our advisory services;
  • provide you with products and services that are necessary for the performance of the assignment under the relevant contract;
  • ensure and improve our operations, in particular of the IT and our website;
  • for security purposes (for IT, building and facility security), i.e. for access control;
  • for the purposes of our risk management as part of our corporate governance.

We also process your data on the basis of your consent, such as:

  • for marketing purposes, relationship care and to improve our services and our operations (such as hosting events), at least insofar as you have not objected to the use of your data;
  • for communication with you and with the categories of recipients mentioned under Section 5 below (e.g. to conduct online meetings).

Insofar as we process your personal data on the basis of your consent, you can revoke the consent you have given at any time, but this does not impact data processing that has already taken place.

Further processing of your personal data is carried out on the basis of statutory, administrative or regulatory obligations imposed on us (e.g. retention obligation).

  1. Data Disclosure and Transfer of Data Abroad

In the context of the processing purposes mentioned above (Section 4), it may be necessary for us to disclose your personal data to the recipients listed below. These recipients process your data either on our behalf, under joint responsibility or under their own responsibility. As far as we are obliged to do so, we ensure that the recipients treat your data confidentially and in accordance with the applicable legal provisions and that your data is only used for the purpose of the respective service.

  • External service providers, including processors: such as banks, insurance companies, trustees/fiduciaries, shipping service providers (in particular Swiss Post), IT service providers (such as IT support or in connection with email, video conferences, etc. – in this regard we use the corresponding communication tools), web hosting;
  • Clients, counterparties and their legal representatives, business partners and other parties involved in any legal proceedings and contract negotiations, foreign correspondent lawyers, courts, domestic and foreign authorities, such as the Commercial Registry Office or supervisory bodies, such as FINMA.

The recipients can be located in Switzerland as well as abroad, i.e. worldwide, which means that your data can also be processed outside Switzerland. A transfer of your personal data abroad will occur primarily in connection with our contractual relationship, for example in connection with clarifications abroad (cooperation with foreign correspondent lawyers by email). As far as possible, you will be asked in advance whether you would like to work with the recipients abroad. Furthermore, in connection with web hosting, the recipients may also be located abroad, for example in the USA.

If the recipient is located in a country without adequate statutory data protection, we ensure that it complies with the applicable data protection, insofar as it is not already subject to a legally recognised set of rules to ensure data protection and we are not able to rely on an exemption clause. Such an exemption may apply, for example, if you have consented to the disclosure, if the data has been made generally accessible by you, the processing of which you have not objected to, or if the transfer is necessary for the performance of our contract with you. Disclosure is also permissible in the case of legal proceedings abroad or in cases of overriding public interest.

  1. Cookies / Tracking and Other Technologies Related to the Use of Our Website

We deliberately only use cookies and comparable technologies on our website that are technically necessary for the operation of the website. However, we do not use other types of cookies, tracking and other technologies on our website.

A cookie identifies your browser or device. When you browse our website, a “cookie” is transferred to your computer; however, this only contains information that we send to your computer ourselves. On the other hand, no personal data (except for your IP address) is collected. When you leave our website, the temporary cookie is also discarded.

  1. Duration of Storage

We process and retain your personal data for as long as is necessary or appropriate for the fulfilment of our contractual and legal obligations or to comply with the relevant statutory requirements, or for as long as it is necessary for the purposes for which it was collected. As far as possible, we anonymise or delete your personal data as soon as it is no longer needed, or at the latest after the expiry of the legally prescribed retention period.

You can request the deletion of your personal data yourself at any time by sending us a request to this effect to the contact point mentioned in Section 2. We will comply with your request, unless we are obliged to maintain the storage for other reasons (e.g. the statutory retention obligation).

  1. Rights of the Data Subject

8.1   You can request information on your personal data

If you wish to obtain information on your personal data, we will provide you with a copy of the personal data you have requested, as well as information about how it is processed.

Your right of information may be limited in the cases provided for by law.

8.2   You can request the correction of your personal data

If you believe that your personal data is inaccurate or incomplete, you may request that such personal data be amended or completed accordingly. In some cases, the submission of supporting documents may be required.

8.3   You can request the deletion of your personal data

If you wish, you can request the deletion of your personal data, to the extent permitted by law.

8.4   You can object to a processing of your personal data on the basis of legitimate interests

If you do not consent to a processing based on legitimate interest, you may object on grounds relating to your individual situation. In this case, please inform us in detail about the relevant processing and the reasons for your objection. We will cease processing your personal data unless there are compelling legitimate grounds or the processing serves to assert, exercise or defend legal claims.

8.5   You can object to the processing of your personal data for direct marketing purposes

You have the right to object to the processing of your personal data for direct marketing purposes at any time. This also applies to profiling insofar as it is related to such direct marketing.

8.6   You can request the restriction of the processing of your personal data

If you contest the accuracy of the personal data we use or object to the processing of your personal data, we will review or revise your request. You can request that we restrict the processing of your personal data while we are reviewing your request.

8.7   You have rights against an automated individual decision

In principle, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. However, we may automate such a decision if it is necessary to enter into or perform a contract with us, is permitted by law, or if you have given your consent.

In any case, you have the right to challenge the decision, to express your point of view and to request the intervention of a competent person with the review of the decision.

8.8   You can withdraw your consent

In cases where processing is based on a consent you have given, you can withdraw this consent at any time.

8.9   You can request the transferability of part of your personal data

You can request a copy of the personal data and personal data provided by you in a structured, commonly used and machine-readable format. Where technically feasible, you may request that we transmit this copy to a third party.

8.10   Complaint to the Federal Data Protection and Information Commissioner

In addition to the above rights, you can lodge a complaint with the competent supervisory authority. In Switzerland, this is the Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, 3003 Bern.

  1. Liability for Links

We have no influence whatsoever on the current and future design and content of the linked pages on our website. This statement applies to all links and references set within our own website. For illegal, incorrect or incomplete content and in particular for damages resulting from the use or non-use of such information, the provider of the page to which reference was made is solely liable, not the one who merely refers to the respective publication via links. We exclude all liability to the fullest extent permitted by law.

  1. Data Security / Technical and Organisational Measures

We would like to point out that communication with us via email through the public, freely accessible Internet is associated with certain security risks, over which we have no influence and no control. We assume that persons who communicate with us by email agree to this type of communication and thus consent to the use of emails for communication. Get in touch with us if you would like to communicate via a secure connection.

For security reasons, we use SSL or TLS encryption for our website and to protect the transmission of confidential content. You can recognise an encrypted connection by the fact that the address bar of the browser changes from “http://” to “https://” as well as by the lock symbol in your browser line. If SSL or TLS encryption is activated, data that you transmit to us cannot be read by third parties.

In order to protect your personal data, we furthermore use technical and organisational measures (TOMs). These measures are regularly reviewed and adapted.

  1. Amendments

We reserve the right to amend this Data Protection Declaration at any time. The current version published on our website or the version that we may have otherwise provided to you shall apply. If you are affected by the amendment to this Data Protection Declaration, we will notify you thereof in an appropriate manner. The Data Protection Declaration does not create any contractual or other formal legal relationship with or on behalf of any party.