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We can assure you that we comply with the Swiss Federal Act on Data Protection, the Swiss Ordinance to the Federal Act on Data Protection, and the European General Data Protection Regulation (hereinafter the “GDPR”) and that we process your Data lawfully, fairly and transparently.
If you are younger than 18 years old, you are not allowed to use our Website/Interface without the permission of your parents or legal guardian.
We take confidentiality and privacy issues very seriously. We therefore ensure that your personal information is secure; we communicate our privacy and security guidelines and practices to all our employees and service providers and strictly enforce privacy safeguards within our company.
1. DEFINITIONS AND INTERPRETATION
Data: all information that you submit to us via our Website/Interface.
Personal Data: all information making you directly or indirectly identifiable (e.g. your name, first name, address, phone number or email address but also the IP address of your computer, for example, or the information relating to your browsing of our Website).
Data Controller: The processing of any Personal Data provided or collected on the Website/Interface is carried out under the supervision of Unbound Nation AG, Baarerstrasse 10, 6300 Zug, E-Mail: email@example.com
GDPR: The "General Data Protection Regulation" (EU Regulation 2016/679), as well as any national legislation adopted in accordance therewith.
- The singular includes the plural and vice versa;
- A reference to a person includes firms, companies, government entities, trusts, and partnerships;
- "Including" means "including but not limited to";
- A reference to any legislative provision includes all amendments thereto;
3. RESPONSIBLE PERSON / CONTACT DETAILS
Responsible for the Personal Data collected is our data protection officer with business address at Baarerstrasse 10, 6300 Zug, Switzerland (hereinafter the “Responsible Person”). For any matters relating to data protection you may contact firstname.lastname@example.org by e-mail or by letter to the following address:
Unbound Nation AG
Representative in the EU according to article 27 GDPR is: Steven Figura, with business address in Papenstrasse 84b, 22089 Hamburg, Gemrany. For any matters relating to data protection you may contact by e-mail email@example.com or by letter.
4. DATA PROCESSING IN CONNECTION WITH OUR WEBSITE AND INTERFACE
4.1. General data and Information resulting from your activity on our Website
- IP address (automatically collected);
- Web browser type and version (automatically collected);
- Operating system used by accessing the Website (automatically collected);
- Your browsing history to and from the Website;
- The date and time of access to the Website
- The internet service provider of the accessing system
- Any other similar data and information that may be used in the event of * attacks on our information technology systems
The collection and processing of this technical data is for the purpose of
- Enabling the use of our Website:
- Further developing our products, the contents of our Website and services;
- Continuously improving our Website and offering you a more enjoyable and efficient experience.
- For internal statistical purposes
This is our legitimate interest in the processing of Data in the sense of Art. 6 Par. 1 lit. f. GDPR.
4.2. General data and Information resulting from your activity on our Interface
In the context of our relationship, you may need to provide certain Personal Data that is required for accepting and carrying out a business relationship, fulfilling contractual obligations or that we are legally obliged to collect. Without this data, we may not be in a position to enter into a legal agreement, provide services, or initiate or maintain a business relationship.
For example, and where applicable to our business relationship, anti-money laundering regulations may require us to identify you on the basis of your identification documents before establishing a business relationship and to collect and put on record, data including your name, place and date of birth, nationality, address and identification details for this purpose. In order for us to be able to comply with these statutory obligations, you must provide us with the necessary information and documents in accordance with such regulations, and to immediately disclose any changes over the course of our relationship. If you do not provide us with the necessary information and documents, we cannot enter into or continue the business relationship you require.
The types of Personal Data we may process may include:
- personal details relating to you (name, date and place of birth, nationality, gender, domicile)
- contact details, including private and / or business phone numbers, postal and email addresses
- identification data such as passports, National Insurance or Social Security numbers, driving licence, ID cards, social network user names, customer identifiers (CIF, IBAN / BIC), relationship identifiers (e.g. client segment and account currency), photographs
- marital status, name of spouse, number of children (if applicable)
- tax status (e.g. tax ID)
- order data (e.g. payment data and account information)
- data from the fulfilment of our contractual obligations
- information about your financial situation (e.g. source of wealth, incomes, benefits, mortgage information, shareholdings)
- video and telephone / audio recordings
- data relating to criminal convictions and offences (including excerpts of criminal register)
- data related to designation of your status as a politically exposed person (PEP) and related information
- marketing and sales data (e.g. customer relationship documentation)
- data relating to your habits and preferences
- data from your interactions with us, our internet websites, our apps, our social media pages, meetings, calls, chats, emails, interviews and phone conversations
- documentation data (e.g. file notes or meeting minutes from a consultation, client needs and product usage)
- data relating to your current and past professional roles and employment, and education (e.g. corporate title, membership of professional associations or bodies, career histories or biographies, job function, knowledge and experience in investment matters, qualifications and skills)
- other data similar to the broad categories mentioned above.
Due to legal obligations:
- identity checks, fraud and financial crime and market abuse prevention or detection. If a potential fraud is detected, any person connected to it or you could be refused certain or all services.
- fulfilling control and reporting obligations under applicable financial regulations including, without limitation, securities and financial crime regulations
- fulfilling requirements related to our licences and regulatory permissions
- complying with regulatory record keeping obligations
- complying with regulatory obligations in relation to measuring and managing relevant risks
For purposes of legitimate business and other interests pursued by us or a third party (including sharing of data) in:
- carrying on business relationships with clients and other parties
- providing services to clients
- validating the authority of signatories (e.g. when concluding agreements and transactions)
- performing obligations and exercising rights under and otherwise carrying out contracts, or taking pre-contractual measures
(If you are our client, the level and nature of processing of your personal data that we may carry out pursuant to this paragraph will likely depend on the specific product or service to be provided to you and can include needs assessments and other assessments to provide advice and support to you, as well as to carry out transactions contemplated in, or necessary to fulfil, such legal agreement).
- consulting with credit rating agencies to investigate creditworthiness and credit risks where we may have an exposure to you
- developing, deploying and supporting our products and services
- developing and furthering our business and business relationships, and keeping our clients and other stakeholders satisfied
- reviewing and optimizing procedures for needs assessment for the purpose of direct client discussions
- marketing or market and opinion research
- protecting our businesses and the integrity of the relevant markets
- obtaining Personal Data from publicly available sources for client acquisition purposes
- compliance with licencing, permission and / or licencing exemption requirements and regulatory requests or guidance related to such licences, permissions or exemptions
- due diligence
- facilitation of and responding to, regulatory requests and supervisory visits, and otherwise acting in open and collaborative manner with competent regulatory authorities
- prevention of and investigations related to financial crime, including fraud, financing of terrorism and money laundering, and compliance with sanctions, including know your customer (KYC) and regular politically exposed persons (PEP) screening
- asserting legal claims and defences in legal disputes
- carrying out conflict checks
- handling client complaints
- managing risk and securing our systems, assets, infrastructure and premises
- asserting legal claims and defences in legal disputes
- exercising and defending our legal rights and position anywhere in the world
- compliance with regulatory guidance, policy statements, best practice and associated policy requirements and controls in connection with the carrying on business
- complying with legal and regulatory obligations and cooperating with regulatory, judicial and other authorities and bodies around the world
As a result of your consent:
- There may be circumstances where we ask for your consent to process your personal data. As long as you have granted us this consent, this processing is legal on the basis of that consent.
- You can withdraw your consent at any time.
- Withdrawal of consent does not affect the legality of data processing carried out prior to withdrawal.
Social media data
Information you make public, when you leave a comment or otherwise post something on our social media channels.
We use this data to:
- and with all applicable regulatory and legal requirements in any relevant jurisdiction.
- contact you via our social media channels;
- process your feedback left on our social media channels.
Please note: Our social media channels are also controlled by the social medium itself. Please check their own privacy policies, to see how each social medium processes Personal Data. We use these data because we have a legitimate interest to process these data in order to provide a good functioning Platform.
This is our legitimate interest in the processing of Data in the sense of Art. 6 Par. 1 lit. f. GDPR.
4.3. Contact Possibility via the Website and/or the Interface
The Website/Interface may contain a contact form that enables a quick electronic contact to Unbound Nation, as well as direct communication with us, which also includes a general address of the e-mail address. If you contact us by e-mail or via contact form, the Personal Data transmitted by you is automatically stored.
Such Personal Data, transmitted on a voluntary basis by you to us, is stored for the purpose of processing or contacting you and to handle your request and provide you the service or support you requested. The legal basis for the data processing for these purposes lies in the fulfilment of an agreement in accordance with Art. 6 Par. 1 lit. b GDPR and you have provided consent in accordance with Art. 6 Par. 1 lit. a GDPR.
4.4. Use of Website Cookies:
You may prevent the setting of cookies through our Website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, previously set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If you deactivate the setting of cookies in the Internet Browser used, it may not be possible to use all the functions of our Website.
Two types of cookies may be used on the Website - "session cookies" and "persistent cookies". Session cookies are temporary cookies that remain on your device until you leave the Website. A persistent cookie remains on your device for much longer or until you manually delete it (how long the cookie remains on your device will depend on the duration or "lifetime" of the specific cookie and your browser settings).
The table below summarizes the different types of cookies we use on the Website, together with their respective purpose and duration (i.e. how long each cookie will remain on your device).
Cookies used on the Website:
What do they do? Cookies that are essential to making the Website work correctly. They enable visitors to move around our Website and use our features. Examples include remembering previous actions (e.g. entered text) when navigating back to a page in the same session.
Do these cookies collect my personal data / identify me? These cookies do not identify you as an individual.If you do not accept these cookies, it may affect the performance of our Site.
What do they do? Cookies that help us understand how visitors interact with our web properties by providing information about the areas visited, the time spent on the Site and any issues encountered, such as error messages. They help us improve the performance of our Website, alert of any concerns and more.
Do these cookies collect my personal data / identify me? These cookies don’t identify you as an individual. All data is collected and aggregated anonymously.
What do they do? Cookies that allow our web properties to remember the choices you make (such as your user name, language or the region you are in) to provide a more personalized online experience.
Do these cookies collect my personal data / identify me? The information these cookies collect may include personally identifiable information that you have disclosed, such as a username, for example. We shall always be transparent with you about what information we collect, what we do with it and with whom we share it. If you do not accept these cookies, it may affect site performance and functionality and may restrict access to web content.
What do they do? Cookies that are used to deliver content, which is more relevant to you and your interests. They may be used to deliver targeted advertising or to limit the number of times you see an advertisement. They also help us measure the effectiveness of advertising campaigns on the Site.
Among other others the following services are used:
- Facebook Pixel;
- Facebook SDK;
- Google Analytics
Do these cookies collect my personal data / identify me? Most types of these cookies track consumers via their IP address so will collect some personal data. Your dates, sessions and interactions can be allocated across several devices to one pseudonymous user ID and therefore analyse the activities of a user on several devices by the correspondent web analysis services and the companies who provide these services. The information sent to the companies through this analysis service permits the anonymous evaluation of the use of our Website as well as the establishment of reports on the Website activities.
5. RETENTION OF PERSONAL DATA
The retention period of Personal Data processed by Unbound Nation may vary depending on common practice, and considered in accordance with the legal obligations and the applicable limitation rules. In any case, Unbound Nation will process and store the Personal Data only for the period necessary to achieve the purpose of storage or as far as this is granted by the applicable laws or regulations.
If the storage purpose is not applicable any more, or if the storage period prescribed by the applicable laws and regulations expires, the Personal Data is routinely erased in accordance with legal hold requirements.
6. PERSONAL DATA SECURITY
Personal Data security is of great importance to Unbound Nation. In order to protect your Personal Data, we have implemented appropriate physical, electronic and organizational procedures to safeguard and secure the Personal Data collected via our Website/Interface in order to ensure its integrity and confidentiality. Our security measures are continuously being improved in line with technical developments. All Personal Data is securely stored in accordance with industry standards and the Swiss Federal Act on Data Protection, the Swiss Ordinance to the Federal Act on Data Protection and the GDPR.
If a password is required to access certain sections of our Website/Interface, you are responsible for keeping this password confidential.
We endeavor to do all we can to protect your Personal Data. However, the transmission of information on the Internet is not fully secure and remains your sole responsibility. We cannot ensure the security and accept no liability of the transmission of your Data to our Website/Interface.
7. OTHER PARTIES WHO HAVE ACCESS TO INFORMATION WE COLLECT
With the exceptions described in this section, we do not make your Personal Data available to third parties unless you have expressly consented to it, if we are legally obligated to, or if this is necessary to enforce our rights concerning a contractual relationship.
We transmit your Data only to our employees who are authorized to process them as part of their duties.
We may grant access to Personal Data about you:
- to public entities and institutions (e.g. regulatory, quasi-regulatory, tax or other authorities, law enforcement agencies, courts, arbitrational bodies, fraud prevention agencies)
- to other credit and financial service institutions or comparable institutions in order to carry on a business relationship with you depending on the contract with you
- to third parties in connection with transactions that are involved in (e.g. correspondent banks, brokers, exchanges, processing units and third-party custodians, issuers, investors, prospective buyers and other transaction participants and their representatives)
- to prospective buyers as part of a sale, merger or other disposal of any of our business or assets to a natural or legal person, public authority, regulatory agency or body for which you have given us your consent to transfer personal data to
- to professional advisors including law firms, accountants, auditors and tax advisors
- to insurers
- to service providers and agents appointed by us for the purposes given. These are companies in the categories of IT services, logistics, printing services, telecommunications, advice and consulting, and sales and marketing and translation services in relation to Website/Interface on our behalf, and we ensure that they provide for the necessary guarantees with respect to the Swiss Federal Act on Data Protection, the Swiss Ordinance to the Federal Act on Data Protection and the GDPR. The transfer of data is for purpose of providing and maintaining the functionality of our Website/Interface. This is our legitimate interest in the sense of Art. 6 Par.1 lit. b and lit f GDPR.
In principle, we process your Data in Switzerland. In case it is necessary to transfer your Data to third parties outside Switzerland and the EU, the Data will only be transferred to countries and/or parties that provide an adequate level of protection in accordance with the Swiss and European standards.
If the level of data protection in a country where a service provider is located does not correspond to the Swiss and European data protection level, we contractually ensure that the protection of your Personal Data corresponds to that in Switzerland and the EU at all times, by concluding agreements using the standard contractual clauses complying with the GDPR. You understand that the data protection legislation in such other countries may not give you as much protection as the data protection legislation in the country where you are located.
8. LINKS TO OTHER WEBSITES
9. YOUR RIGHTS REGARDING YOUR PERSONAL DATA
Please note that some of the rights mentioned below are subject to limitations in some situations, and that the exercise of these rights may affect, restrain or render impossible our ability to continue a business relationship with you.
9.1. Right to confirmation
9.2. Right to access
You have the right to obtain free information from Unbound Nation about your Personal Data stored at any time, and a copy of this information. Furthermore, you will have access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the Personal Data has been or will be disclosed, in particular recipients in third countries;
- where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from Unbound Nation rectification or erasure of Personal Data, or the restriction of the processing of Personal Data concerning you, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the Personal Data is not collected directly from you, any available information as to their source; and
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for you.
9.3. Right to rectification
You have the right to obtain from Unbound Nation, without undue delay, the rectification of inaccurate Personal Data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.
9.4. Right to erasure (right to be forgotten)
You have the right to request from Unbound Nation the erasure of Personal Data concerning you as soon as possible, and Unbound Nation shall have the obligation to erase Personal Data without undue delay where one of the following grounds applies:
- The Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
- You withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;
- The Personal Data has been unlawfully processed;
- The Personal Data must be erased for compliance with a legal obligation, in accordance with the applicable law to which Unbound Nation is subject; and/or
- The Personal Data has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
9.5. Right to restriction of processing
You have the right to obtain the restriction of processing from Unbound Nation where one of the following applies:
The accuracy of the Personal Data is contested by you, for a period enabling Unbound Nation to verify the accuracy of the Personal Data; The processing is unlawful and you oppose the erasure of the Personal Data and request instead the restriction of their use; Unbound Nation no longer needs the Personal Data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; and/or The data subject has objected to processing, pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of Unbound Nation override those of the data subject.
If any one of the aforementioned conditions is met, and you wish to request the restriction of the processing of Personal Data stored by Unbound Nation, you may at any time contact Unbound Nation’s Responsible Person. The Responsible Person will arrange the restriction of the processing.
9.6. Right to object
You have the right to object, on grounds relating to your particular situation, at any time, to the processing of Personal Data concerning you, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Unbound Nation shall no longer process the Personal Data in the event of the objection, unless Unbound Nation can demonstrate reasonable grounds for the processing, which override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims. In order to exercise the right to object, you may directly contact the Responsible Person.
9.7. Right to data portability
You have the right to receive the Personal Data concerning you, which was provided to Unbound Nation, in a structured, commonly used and machine-readable format. You shall have the right to transmit those data to another controller without hindrance from Unbound Nation to which the Personal Data has been provided, as long as the processing is based on consent, pursuant to article 6 (1) GDPR or point (a) of article 9 (2) GDPR, or on a contract pursuant to point (b) of article 6 (1) GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest.
Furthermore, in exercising your right to data portability pursuant to article 20 (1) GDPR, you shall have the right to have Personal Data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, you may at any time contact the Responsible Person according to section 3.
9.8. Automated individual decision-making, including profiling
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, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between you and Unbound Nation, or (2) is not authorized by the applicable law and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) is not based on your explicit consent.
Due to legal and regulatory requirements, we are required to combat money laundering, terrorism financing, fraud and assess risks and offences that pose a danger to assets. Automatized Data assessments (including on payment transactions) are also carried out for this purpose. At the same time, these measures also serve to protect you.
Furthermore, we use assessment tools in order to be able to specifically notify you and advise you about our products. These allow communications and marketing to be tailored as needed, including market and opinion research.
If the decision (1) is necessary for entering into, or the performance of, a contract between you and Unbound Nation, or (2) it is based on your explicit consent, Unbound Nation shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision.
If you wish to exercise the rights concerning automated individual decision-making, you may, at any time, contact the Responsible Person.
9.9. Right to withdraw data protection consent
You have the right to withdraw your consent to processing of your Personal Data at any time.
If you wish to exercise the right to withdraw the consent, you may at any time directly contact the Responsible Person as stated in section 3.
9.10 Manifestly unfounded or excessive use of rights
While the exercise of any individual rights mentioned above will be free of charge, a reasonable fee may be exceptionally charged if such requests are manifestly unfounded or excessive. Unbound Nation may refuse to comply with the request under such circumstances.
Unless otherwise agreed, no delay, act or omission by a party in exercising a right or remedy will be deemed a waiver of such right, or of another right or remedy.
If our company is the subject of a corporate transaction such as an acquisition or merger with another company, your information may be transferred to the new owners so that we can continue to sell our products to you.
MORE INFORMATION ABOUT PRIVACY REGULATIONS
EU General Data Protection Regulation
Swiss Federal Act on Data Protection
Swiss Ordinance to the Federal Act on Data Protection