GDPR Notice of JMS Invest AG

JMS Invest AG ("Company", "we", "us", "our") cares about your privacy and wants to inform you about the categories of personal data we collect from you, how we collect it, how we process it for and with whom we share it in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Swiss Data Protection Act (“DPA”). Please note that this statement may not necessarily provide a comprehensive description of our data processing activities. It is possible that other privacy statements or similar documents may apply to specific circumstances..

This Privacy Notice applies to personal data about you that we collect, use and otherwise process in connection with your relationship with the Company. We reserve the right to update this Privacy Notice at any time, and we will make an updated copy of such Privacy Notice available on our website. We may also notify you in other ways from time to time about the processing of your personal data. 

Contacting us

JMS Invest AG, located at Seefeldstrasse 299, 8008 Zurich, Switzerland, is the Company responsible for collection, use and disclosure of personal data under this privacy notice.

Should you have any questions about this Privacy Notice or any enquiries related to data protection and privacy, you can contact us at jms@jmsinvest.ch or JMS Invest AG, Seefeldstrasse 299, 8008 Zurich, Switzerland.

What is personal data? 

By "personal data" we mean any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal data does not include data where you can no longer be identified from it such as anonymized or aggregate data. 

How do we collect your personal data? 

We may collect personal data about you in situations such as:

•  When you communicate or transact with us in person, writing, electronically, or by phone. 

•  When you submit applications or requests for forms. 

•  When you request literature from us.

•  When you visit our website.

What personal data do we collect about you and what do we use it for? 

We may collect personal data from you such as a name, contact details, your employer, and online identifiers such as your IP address. These types of personal data are processed under a lawful basis specified under GDPR and DPA as described below.

Additionally, we might ask you to submit personal data in order for you to benefit from certain features (e.g., receiving invitations to events). You will be informed what data is required and what data is optional. If you submit any personal data relating to another individual to us, you represent and warrant that you have the full authority to do so and to permit us to use the personal data in accordance with this Privacy Notice.

Unless we specifically request it, we ask that you not send us, and you not disclose, any sensitive personal data or special categories of data (e.g., information related to racial or ethnic origin, political opinions, religion or philosophical beliefs, health, sex life or sexual orientation, criminal background, or trade union membership, or biometric or genetic data for the purpose of uniquely identifying an individual) to us directly or indirectly.

Our business is not directed to minors (local age thresholds apply), and we request that these individuals do not provide personal data to us. If your child has submitted personal data and you would like to request that such personal data be removed, please contact us as explained above under Contacting Us. We use your personal data to fulfil a contract we have entered with you, to comply with a legal obligation, to protect vital interest, or as may be required for the public good. This includes (non-exhaustive list):

•  To contact you regarding fulfilling the contract we have with you or your firm.

•  To monitor and record calls and electronic communications for processing and verification of instructions; investigation and fraud prevention purposes; and crime detection, prevention, investigation and prosecution.

•  To provide services requested by you as described when we collect the data.

•  To enforce this Privacy Notice, or to comply with regulatory and legal obligations that we are subject to. 

We use your personal data to pursue our legitimate interests (or those of a third party) where our rights and freedoms do not outweigh these interests. This includes (non-exhaustive list): 

•  Deliver targeted marketing and services.

•  Improve and customize website content based on your preferences.

•  Define types of clients for our products/ services and to keep our website updated and relevant. 

•  Communicate or transact with you related to services and business we undertake. 

We work with various companies, for example with suppliers, service purchasers, other partners and service providers. These include our customers and business partners, and IT service providers that we use for hosting, data processing, service and data distribution and other services, we process personal data about employees and other persons who work with these partners and providers, for example their name, function and title or information about the communication with these persons. We collect this information from these persons either directly or from the partners, use it, and may share it with these partners to carry out our business with them and to improve customer relations.

Occasionally, we rely on your consent as a lawful basis for processing your personal data.

We may process your personal data without your knowledge or consent, in compliance with the above rules, if we are required by law to do so or if we reasonably believe that it is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process. We will only use your personal data for the purposes for which we collected it as identified above, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose for which you provided it to us. 

What if you do not provide the personal data we request? 

If you do not provide us with certain personal data when requested, we will not be able to perform all or part of the contract we have entered into with you, or we may be prevented from complying with our legal obligations.

With whom will we share your personal data?

We may share your personal data with: 

•  Our service providers, including auditors, lawyers, IT service providers. 

•  Others in the context of the possible sale, restructuring, or acquisition of the business. 

•  A regulator or to otherwise comply with applicable law or judicial process. 

We may share your personal data with third parties where this is required by law, where it is necessary to perform our contract with you, or where we have another legitimate interest in doing so. We may disclose your personal data if we are required by law to do so or if we reasonably believe that disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.   

Processing of your personal data outside the EU

The personal data we collect about you may be transferred outside of the EU including to affiliates of the Company or our service providers. If such a transfer occurs, we are required to ensure that the processing of your personal data is done so with physical, electronic and procedural safeguards (such as Standard Contractual Clauses) in place that are reasonably designed to protect your personal data from unauthorized access to ensure that your personal data is treated in a manner that is consistent with and which respects the EU laws on data protection. If you require further information about the transfer of your personal data outside the EU, you can request it from jms@jmsinvest.ch. 

How long will we retain your personal data? 

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Once we no longer require your personal data for the purposes we collected it for, we will securely destroy your personal data in accordance with applicable laws and regulations.

Accuracy of personal data

It is important that the personal data we hold about you is accurate and current. Please let us know if your personal data changes during your relationship with us.

Your rights in relation to your personal data

You have rights as an individual that you can exercise in relation to the information we hold about you under certain circumstances. These rights are to: 

•  Request access to your personal data (commonly known as a "data subject access request") and request certain information in relation to its processing.

•  Request rectification of your personal data.

•  Request the erasure of your personal data.

•  Request the restriction of processing of your personal data.

•  Object to the processing of your personal data.

•  Request the transfer of your personal data to another party. 

If you want to exercise one of these rights, please contact us at jms@jmsinvest.ch. In certain circumstances it may not be feasible for the Company to discharge these rights. You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is manifestly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

You can also lodge a complaint about our processing of your personal data with a data protection authority.

 Our security measures

We seek to use reasonable procedural, technical, and administrative measures designed to protect personal information under our control.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be perfectly secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any connection you have with us has been compromised), please immediately notify us in accordance with the Contacting Us section above.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information or to exercise any of your other rights. This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it. While we strive to protect all information we receive from you, we cannot guarantee the security of any information you transmit to us.

Further information

This Privacy Notice does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or online service (including, without limitation, any application) to which this Service contains a link.  The availability of, or inclusion of a link to, any such site or property does not imply endorsement of it by us or by our affiliates.

This Privacy Notice was written with brevity and clarity in mind and is not an exhaustive account of all aspects of our collection and use of personal data. If you require any further information, please do not hesitate to contact jms@jmsinvest.ch.