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PRIVACY POLICY

1. Who is responsible for processing your data?
This Privacy Policy explains how we process personal data in the course of our business activities and in relation to our website. This document is intended for informational purposes only and is not part of any contract with you, even if a contract refers to this Privacy Policy.
The following entity is responsible for the data processing according to this Privacy Policy:
 

Erlen Capital Management AG
Kirchgasse 24
8001 Zurich
Switzerland

compliance@erlencapital.com

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2. How do we process data in connection with contracts?
We process the data you provide us prior to entering into a contract, details about the contract conclusion, and possibly a contract termination or enforcement, and the information arising during the contract duration (including basic data such as income and assets, investment horizon, risk profile, etc., and communication data). We may also obtain data from third-party sources such as the internet, commercial registers, other public sources, or credit reporting agencies. Where the GDPR applies to our data processing, the legal basis is Article 6(1)(b) GDPR.
Telephone conversations with us may be recorded; we will inform you at the beginning of each call. If you do not wish these conversations to be recorded, you may terminate the call at any time and contact us in another manner (e.g., via email). If you continue the conversation, the legal basis for recording is Article 6(1)(a) GDPR.
We also process data in accordance with our legal obligations under applicable law to prevent money laundering and terrorism financing and to comply with sanctions. This may include data from third parties such as the internet and other public sources or from sanctions lists. Where the GDPR applies to our data processing, the legal basis is Article 6(1)(c) GDPR and, for obligations under Swiss law, Article 6(1)(f) GDPR, and for particularly sensitive personal data, also Article 9(2) GDPR.
For our legitimate interests in statistics, we may also analyze the aforementioned data for statistical purposes. Where the GDPR applies to our data processing, the legal basis is Article 6(1)(f) GDPR.
For business partners that are companies, we process fewer personal data; we process data of contact persons we interact with and information about executives, etc., as part of general information about companies we collaborate with.
If you submit data relating to other individuals (e.g., deputies, colleagues, relatives, beneficial owners, etc.), we assume you are authorized to provide us with such data. We ask you to inform these individuals about our data processing on your behalf.

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3. How do we process data in connection with advertising?
We process the data mentioned in Section 2 (except particularly sensitive data) also to make further offers to you or to conduct events and possibly contact you afterwards. We may also make recordings at these events, which we may share on social networks, for example. In this case, we will inform you separately. We also process data to improve services and develop new products, e.g., details about your purchases or your reactions to newsletters or information from customer surveys and polls or from social media, media monitoring services, and public sources. Where the GDPR applies to our data processing, the legal basis is Article 6(1)(f) GDPR.
We may also send electronic information and newsletters. The legal basis is your separate consent (Article 6(1)(a) GDPR), unless we promote certain offers to existing customers based on our legitimate interests; you can object at any time in this case. In this context, we also process information about your name and email address and details about which services you have already used, whether you open our newsletters and which links you click. Our email service provider offers a feature that essentially works with invisible image data that is loaded via an encoded link from a server and thereby transmits the relevant information. This is a common procedure that helps us assess the impact of our newsletters and optimize them. You can prevent this tracking by setting your email program accordingly (e.g., by turning off the automatic loading of image files).

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4. How do we disclose data?
We may disclose your personal data to the following categories of recipients:

  • Individuals associated with you, such as authorized agents, relatives, and other third parties, and for contact persons of companies, employees, and the company itself;

  • Credit reporting agencies and providers of sanctions and other databases to whom we may disclose the necessary information about you in the context of an information inquiry;

  • Offices, authorities, and courts as part of our legal obligations and in connection with proceedings;

  • Third parties, for example, in connection with the acquisition or sale of assets by us;

  • Service providers, especially providers of IT services (examples include providers of hosting or data analysis services) or administration and consulting services; also services from banks, postal services, etc. You will find information about service providers for our website under Section 8. These service providers may also process personal data to the extent necessary.

Recipients of data are not only located in Switzerland. Service providers (especially IT service providers) and their subcontractors have locations both within the EU and in other countries, potentially worldwide. We may also transmit data to authorities and other individuals abroad if we are legally obliged to do so or, for example, in the context of a company sale or a legal proceeding (see Section 9). Not all of these states offer adequate data protection. We compensate for the lower protection through corresponding contracts, especially the so-called Standard Contractual Clauses of the European Commission, which can be accessed here. In certain cases, we may also transfer data in accordance with data protection regulations without such contracts, e.g., if you have consented to the corresponding disclosure or if the disclosure is necessary for the performance of the contract, for the assertion, exercise, or defense of legal claims, or for overriding public interests.

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5. How do we process data in connection with our website?
Each use of our website technically generates certain data that is temporarily stored, such as the IP address, information about the Internet service provider and the operating system of the used device, information about the referring URL, details about the used browser, date and time of access, and the content accessed during the visit.
Our website also uses cookies. This allows us to distinguish visitors, usually without identifying them. Cookies may also contain information about visited pages and the duration of the visit. Certain cookies ("session cookies") are deleted when the browser is closed. Others ("persistent cookies") remain stored for a specific duration so that we can recognize visitors on a later visit. Log data and data that we collect through cookies and similar technologies are used to provide our website, ensure system security and stability, and optimize the website, as well as for statistical purposes.
Cookies and other technologies may also originate from third-party companies that provide us with certain functions. You will find more information on this subsequently. You can configure your browser in the settings to block certain cookies or similar technologies, or to delete cookies and other stored data. More information can be found in the help pages of your browser (usually under the keyword "privacy").
Cookies and similar technologies from third-party providers enable them to create analyses and evaluations for us, so we can understand the use of our website and optimize our online offerings. Furthermore, these third-party providers can target you with personalized advertising on websites and in social networks operated by these third parties or their partners, and measure how effective advertisements are (e.g., whether you arrived at our website via an advertisement and what actions you then perform on our website). The corresponding third-party providers can record the use of the website and combine their recordings with additional information from other websites. This way, they can record user behavior across multiple websites and devices to provide us with statistical evaluations based on this. These providers may also use this information for their own purposes, e.g., for personalized advertising on their own website or other websites. If a user is registered with the provider, the provider may associate the usage data with that person.
An example of our service provider is Google. Further details on this can be found subsequently. We may also use other third-party providers who typically process personal and other data in a similar manner.
We use Google Analytics on our website, an analysis service from Google LLC (Mountain View, USA) and Google Ireland Ltd. (Dublin, Ireland). Google collects certain information about user behavior on the website and the device used. The IP addresses of visitors are shortened in Europe before being forwarded to the USA. Google provides us with evaluations based on the recorded data, but also processes certain data for its own purposes. Information about the privacy policy of Google Analytics can be found here, and if you have a Google account, you can find further details here.

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6. Are there additional processing activities?
Yes, many processes are not possible without processing personal data:

  • Communication: When we are in contact with you (e.g., when you contact us via the contact form on the website), we process information about the content, timing, and location of the communication. To identify you, we may also process information about proof of identity.

  • Job applications: If you apply for a position with us, we process the data that we receive from you during the application process, and possibly additional data from public sources such as professional social media. We use this data in the context of your application and may also use it for non-personal statistical purposes.

  • Prevention: We process data to prevent criminal offenses and other violations, e.g., in the context of fraud prevention or internal investigations.

  • Proceedings: To the extent that we are involved in legal proceedings (e.g., a court or administrative proceeding), we process data about parties to the proceedings and other involved individuals such as witnesses or informants and disclose data to such parties, courts, and authorities, possibly also abroad.

  • Transactions: When we sell or acquire claims, other assets, parts of the business, or companies, we process data to the extent necessary for the preparation and execution of such transactions, e.g., information about customers or their contact persons or employees, and disclose relevant data to buyers or sellers.

  • Other purposes: We process data to the extent necessary for other purposes such as training and education, administration, enforcement and defense of claims and proceedings, and protection of other legitimate interests.

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7. How long do we process personal data?

We process your personal data as long as it is necessary for the purpose of processing (usually for the duration of the contractual relationship), as long as we have a legitimate interest in storing it (e.g., to enforce legal claims, for archiving purposes, or to ensure IT security), and as long as data is subject to a legal retention obligation (for certain data, e.g., a ten-year retention period applies).

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8. Are there any other points to consider?
Depending on applicable law, data processing is only allowed if the applicable law specifically permits it. This does not apply under Swiss data protection law, but, for example, under the European General Data Protection Regulation (GDPR) if it applies. In this case, we base the processing of your personal data on the following legal grounds:

  • Article 6(1)(b) GDPR for processing necessary for the performance of a contract with the data subject or to take steps at the request of the data subject prior to entering into a contract (see Sections 2 and 6 for job applications);

  • Article 6(1)(f) GDPR for processing necessary for legitimate interests, in particular marketing, compliance with Swiss law, statistics, and the purposes according to Section 6);

  • Article 6(1)(c) GDPR for processing necessary to fulfill a legal obligation under the law of a member state of the European Economic Area (EEA);

  • Article 6(1)(a) and Article 9(2)(b) GDPR for processing that we carry out with your separate consent, e.g., recording of telephone calls (Section 2) and sending newsletters (Section 3).

You are not obliged to provide us with data, except in individual cases (e.g., if you must fulfill a contractual obligation and it involves a data disclosure to us). However, we must process data for legal and other reasons when we enter into and execute contracts.

 

9. What are your rights?
Under the conditions and within the scope of applicable data protection law, you have certain rights to request a copy of your personal data and to influence our processing of this data:

  • Access: You can request information about whether we process personal data about you and, if so, what kind of data, and further details about our data processing.

  • Correction and restriction of processing: You can correct inaccurate personal data and complete incomplete data and restrict the processing of your data.

  • Deletion and objection: You can have personal data deleted and object to the processing of your data with effect for the future. You can object at any time, particularly for reasons arising from your particular situation, to the processing of data for our legitimate interests and against our processing for direct marketing purposes.

  • Transfer: You can receive the personal data that you have provided to us in a structured, commonly used, and machine-readable format, as long as the corresponding data processing is based on your consent or is necessary for the performance of a contract.

  • Revocation: As far as we process data based on your consent, you can revoke your consent at any time. The revocation applies only for the future, and we reserve the right to continue processing data based on another legal basis in the event of a revocation.

If you wish to exercise any of these rights, please feel free to contact us (see Section 2). You are also free to file a complaint with the competent supervisory authority against our processing of your data.

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