Data processing and categories of personal data
Which personal data Dara Capital processes depends on the business relationship with us and the purpose for which we process it. We primarily process data that we receive in the context of an existing or potential client relationship or receive in the context of the execution of contracts or the use of products and services with other business partners. In particular, the personal data processed by us are under the following categories:
- Identification and contact data (e.g., name, nationality, date of birth, address, telephone number, email)
- Data on family and economic situation, including data on third parties (e.g. family members, authorized representatives)
- Information on professional activities and education
- Information on tax residence and, if necessary, other tax relevant data
- Transaction data (e.g. beneficiaries, beneficiary bank)
- Order and risk management data (e.g. information on the wealth situation, information for the risk and investment profile, knowledge and experience with investment products, specialized databases, public sources, the Internet or the media). Where relevant and permissible, this may also include personal data requiring special protection, in particular in connection with our „anti-money laundering“ and „know your client“ (AML/KYC) obligations as asset managers/investment advisors, such as data on administrative or criminal prosecutions and sanctions and health data (e.g. information on capacity to act, need for protection)
- Information about our correspondence and interactions, including electronic and physical communications (e.g., via email, telephone, online meetings via Microsoft Teams or meetings in person)
- Data related to the use of our website transmitted by browsers and automatically collected by our server (e.g. technical data, cookies, IP address, logins)
Purposes of data processing
The specific data processed and the method used depends largely on the services requested or agreed upon. Dara Capital always processes personal data for specific purposes and as follows for:
- Establishing, maintaining and developing a client relationship: when concluding or executing a contract with the data subject or for the benefit of the data subject, including contract initiation and possible enforcement (e.g. investment advice, asset management)
- Provision/utilization of services: Fulfillment of a legal obligation (e.g. when we perform our duties as an asset manager and investment advisor or are required to disclose information)
- Compliance and risk management: safeguarding legitimate interests (e.g., for administrative purposes, to improve quality, to ensure security, to manage risk, to enforce our own rights, in the event of claims against us or claims by us against third parties or to check for potential conflicts of interest)
- Marketing, communication and information
Indirect data processing from service provision
When Dara Capital provides services to its clients, it may also process personal data of third parties that we have not collected directly from the data subjects. These third parties are usually employees, family members or persons who have a relationship with the client or the data subjects for other reasons. We need this personal data in order to fulfill contracts with the client. We receive this personal data from the client or from third parties who are commissioned by them.
Data sharing and data transfer
Dara Capital will only disclose data to third parties if this is necessary for the provision of its services, if these third parties provide a service for us, if we are required to do so by law or by the authorities, or if we have an overriding interest in the disclosure of the personal data. We will also disclose personal data to third parties if the data subjects give their consent to do so or have requested us to do so. Not all personal data is transmitted in encrypted form as standard. Unless explicitly agreed otherwise with the client or employee, reports, invoices, contracts, accounting data, as well as salary administration data, salary statements and pay slips, are transmitted unencrypted. The following categories of recipients may receive personal data from us:
- Service providers (e.g. IT service providers, external risk managers, hosting providers)
- Third parties within the scope of our legal or contractual obligations, public authorities, government institutions, courts, fund administrators, custodian banks)
For the above purposes, personal data will be transferred mainly in Switzerland or in the EU/EEA. Certain personal data may also be transferred to the USA (e.g. Google Analytics data) or in exceptional cases to other countries worldwide. Should a transfer of data to other countries that do not have an adequate level of data protection be necessary, this will be done on the basis of the EU standard contractual clauses (e.g. in the case of Google) or other appropriate instruments.
Duration of the retention of personal data
Dara Capital processes and stores personal data as long as it is necessary for the fulfillment of contractual and legal obligations or the purposes otherwise pursued with the processing, i.e., for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against us (i.e. in particular during the statutory limitation period) and to the extent that we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as the storage of personal data is no longer required for the aforementioned purposes, it is generally destroyed.
Dara Capital takes appropriate technical and organizational security measures to protect personal data from unauthorized access, loss and misuse, such as the creation of policies, training, IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, pseudonymization and controls.
In connection with the processing of personal data by Dara Capital, data subjects have the following rights:
- The right to obtain information about the personal data stored by us, the purpose of the processing, the origin of the data and about recipients or categories of recipients to whom personal data is disclosed
- The right to rectification if the data is incorrect or incomplete
- The right to restrict the processing of personal data
- The right to request the deletion of the processed personal data
- The right to data portability
- The right to object to data processing or to withdraw consent to the processing of personal data at any time without giving any reason
- The right to lodge a complaint with a competent supervisory authority, if provided for by law
To exercise these rights, data subjects are requested to contact us at the contact address indicated below. For our part, we reserve the right to assert the restrictions provided for by law, for example if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are entitled to rely on this) or require it for the assertion of claims. If any costs are incurred, we will inform the data subjects in advance.
Data protection concerns
For requests for information and questions regarding data protection, Dara Capital can be contacted as follows:
Dara Capital Ltd.