French reference text : Notice LPD

Data Protection Statement (Privacy Notice)

NS Partners SA (“NS”), within the framework of its business activities, processes information and personal data about you and/or persons connected to you (the connected person(s) and you, collectively the “Data Subject(s)”).

This document sets out NS’s policy on the processing of personal data and the rights granted to any identified or identifiable person whose data is processed (hereinafter the “Data Subject(s)”).

Definitions:

“Processing” of personal data includes collecting, recording, storing, using, modifying, communicating, archiving, deleting or destroying personal data, and this notice describes how we process personal data (hereinafter “Processing”).

For any questions relating to data protection, our Data Protection Officer (DPO) can be contacted at the following address: dpo-ch@nspgroup.com or by post: Data Protection Officer, 18 rue du Mont-Blanc, 1201 Geneva.

What personal data is concerned?

Personal data includes any information relating to an identified or identifiable natural person.

The personal data that we process may be based on the following legal grounds:

On a contractual basis:

• Identification data, e.g. name, address, telephone number, e-mail address, business details, marital status, family composition;
• Personal characteristics, e.g. date of birth, country of origin;
• Professional information, employment and work history, professional qualifications;
• Financial information, bank details;
• Data relating to current or past investments, investment profile;

NS does not carry out any profiling or evaluation of characteristics on the basis of automatically processed data.

On the basis of regulatory requirements:

• Ongoing information contained in official identification documents (passport/identity card, etc), social insurance etc;

On a legal basis requiring your prior consent:

• Certain information relating to cookies, e.g. cookies and similar technologies on the website and in mailings.

The purposes for which we collect personal data (hereinafter “Purposes”) may be based in particular on the legal bases applicable to NS Partners SA in the context of its activities.

Personal data is collected and processed in particular as part of the implementation/execution of a contract to which you are a party;

• When opening and maintaining a business relationship with our company, including all formalities concerning your identification;
• The management, administration and distribution of investment funds, including all ancillary services related to these activities.

In the course of its business activities, NS may need to process personal data of “Related Persons” linked to a Customer, Service Provider or Employee (“Contact Person”). In such a situation, the “Contact Person” providing NS with information about the “Related Person” must ensure the content of this Notice has been communicated to the latter and, where applicable, his or her consent has been obtained to the extent necessary.

What are the purposes and legal bases of the personal data processed by our company?

We collect and process personal data necessary to comply with our legal and regulatory obligations to which we are subject, such as:

• Collect sufficient documentation on a financial services relationship or offer of financial products;
• Comply with legal obligations relating to financial market regulations;
• To conduct regular audits and/or reviews of the business relationship;
• To cooperate with the competent authorities, supervisory authorities, administrative or criminal authorities and any other public authority (e.g. in the fight against money laundering and the financing of terrorism) (AML-CTF).
• To prevent fraud, corruption and the provision of financial and other services to persons subject to international and national sanctions, in accordance with our internal money laundering procedures, and to retain AML reports and other reports required for detection purposes:

Sources used to collect your personal data:

• Directly from the persons concerned, e.g. when making contact or by means of contractual documentation;
• Indirectly via other external sources, in particular publicly accessible sources (various sanctions lists published by international organisations, information available via subscription services (e.g. Worldcheck, Bloomberg) or information provided by third parties.

Rights of data subjects:

Subject to the limitations set out in this Privacy Notice and/or Swiss data protection regulations, any data subject whose personal data has been processed by NS, may exercise the rights below free of charge, by contacting our DPO:

• Request access to the personal data processed by NS and receive a copy thereof;
• Request rectification or deletion of inaccurate personal data;
• Request the deletion of personal data, where their Processing is no longer necessary to achieve the Purpose, or is not lawful for other reasons, subject to the applicable retention periods;
• Request a restriction on the Processing of personal data whose accuracy is disputed;
• object to the Processing of personal data.

Retention period for personal data:

NS retains personal data for the purposes for which the data was collected and processed in accordance with applicable legal and regulatory provisions, such as the fight against money laundering and the financing of terrorism, contractual and tax obligations.

In certain cases, NS reserves the right to retain data for a longer period, in particular if required to do so by judicial measures or regulatory oversight, requiring the continued processing and retention of data.

Transfer/sharing of personal data: 

NS may disclose personal data to third parties, insofar as legally or otherwise authorised or required:

• NS group entities or third party processors likely to process personal data, in which case the personal data may be used by the recipients independently for their own purposes, in accordance with the legal provisions applicable to them;
• Auditors or legal advisors;
• Public/governmental administrations, courts, competent authorities (e.g. FINMA supervisory authorities) or financial market players (i.e. custodian banks, brokers, registers of issuers of securities or financial products).

Transfer of personal data abroad:

NS may transfer personal data to recipients abroad.  The transfer of personal data to third parties may involve the transfer of data to jurisdictions outside the European Economic Area which do not offer an equivalent level of data protection. The transfer and processing of such data will be accompanied by appropriate security measures, in particular contractual clauses, to ensure that the transfer is carried out in compliance with data protection rules

This Privacy Notice outlines the processing of Personal Data (as defined below) at NS Partners and describes individuals’ rights concerning their Personal Data processed by NS Partners.

If you have any questions regarding the processing of Personal Data by NS Partners, please feel free to contact us at the addresses provided below:

1. How We Handle Your Personal Data

This Privacy Notice outlines how we process personal data, including its collection, use, storage, transmission, and other processing activities. This Privacy Notice does not replace our applicable contractual general business conditions and is subject to them.

NS Partners implements technical and organizational measures to prevent unauthorized access or processing of Personal Data, as well as accidental loss or destruction of Personal Data. These measures adhere to NS Partners’ internal security procedures.

2. What Personal Data Do We Process?

“Personal data” includes information that can directly (e.g., first name, surname) or indirectly (e.g., passport number or data combinations) identify a natural person. Personal data we process may include:

• Identification data: names, addresses, telephone numbers, email addresses, business contact information.
• Personal characteristics: date of birth, country of birth.
• Professional information: employment history, job title, representation authorities.
• Identifiers from public bodies: passport, identification card, tax identification number, national insurance number, social security number.
• Financial information: financial and credit history, bank details.
• Transaction/investment data: investments, investment profile, investment preferences, shares held, transaction details.
• Sensitive personal data: health information, administrative or criminal proceedings.
• Cookie information: cookies and similar technologies on websites and in emails.

3. Purposes and Legal Bases for Processing Personal Data

We process personal data for reasons such as performance of contracts, compliance with legal requirements, pursuit of legitimate interests, and public interest tasks. Additionally, we collect and process personal data to comply with legal obligations, including providing offering documentation, cooperating with authorities, and preventing crime.

4. Sources of Personal Data Collection

We collect or receive personal data:

• Directly from individuals, when contacting us or through contractual documentation.
• Indirectly from external sources, including publicly available sources and information from third parties.

5. Sharing Personal Data with Third Parties

NS Partners may transfer Personal Data to third parties, including those abroad, based on regulatory obligations. Such transfers adhere to data protection rules, and appropriate safeguards are implemented for protection. Further details can be obtained by contacting dpo-ch@nspgroup.com, dpo-lux@nspgroup.com, dpo-london@nspgroup.com, or dpo-bermuda@nspgroup.com.

6. Data Protection Rights

Subject to regulations, data subjects have rights to access, rectify, erase, object, limit processing, receive transfer safeguards, and file complaints with supervisory authorities. Data subjects can also object to their Personal Data processing for marketing purposes.

7. Data Retention Period

NS Partners retains Personal Data as long as necessary for purposes mentioned above, or until consent is withdrawn, unless other reasons apply (e.g., investigations). Personal Data destruction follows NS Partners’ internal data backup procedure terms.