DATA PROTECTION DECLARATION OF EXPERFINA AG


VERSION FROM 01.09.2023
In this Privacy Policy, we, Experfina AG (hereinafter also referred to as “we” or “us”), explain how we collect and otherwise process personal data. Personal data means any information relating to an identified or identifiable person.

If you provide us with the personal data of other persons (e.g. family members, employee data), please ensure that these persons are aware of this Privacy Policy and only provide us with their personal data if you are permitted to do so and if this personal data is correct.


1. RESPONSIBLE PARTY / DATA PROTECTION OFFICER / REPRESENTATIVE
Experfina AG is responsible for the data processing described here. If you have any data protection concerns, you can send them to us at the following contact address: Experfina AG, Picassoplatz 8, CH-4052 Basel, info@experfina.com.


2. COLLECTION AND PROCESSING OF PERSONAL DATA
We primarily process the personal data that we receive from our customers and other business partners as part of our business relationship with them and other persons involved or that we collect from their users when operating our website. We also collect personal data from applicants and employees in the context of an employment relationship.

Insofar as this is permitted, we also obtain data from publicly accessible sources (e.g. tax authorities tax authorities, debt collection registers, land registers, commercial registers, press, internet) or receive such data from authorities and other third parties In addition to the data that you provide to us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information in connection with your professional functions and activities, information about you in correspondence and meetings with third parties, credit information (insofar as we conduct business with you personally), information about you that people close to you (family, advisors, legal representatives, etc.) give us so that we can conclude contracts with you.) so that we can conclude or process contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney), information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales partners and other contractual partners of ours on the use or provision of services by you (e.g. payments made, purchases made, etc.).e. g. payments made, purchases made), your addresses, data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location data).


3. PURPOSES OF DATA PROCESSING AND LEGAL BASIS
We use the personal data we collect primarily to conclude and process our contracts with our clients, other business partners and employees, in particular in the context of providing fiduciary services such as corporate, financial and tax advice, accounting, payroll processing and personnel administration for our clients, to comply with our legal obligations in Switzerland and abroad and to process employment relationships in accordance with our contractual and legal obligations. If you are a client or business partner of ours or work for such a client or business partner, your personal data may also be affected in this function.

In addition, we may also process personal data of you and other persons, where permitted and where we deem it appropriate, for the following purposes in which we (and sometimes third parties) have a legitimate interest corresponding to the purpose:
  • Collection of personal data from publicly accessible sources for the purpose of customer acquisition;
  • Advertising and marketing (including the organization of events), provided you have not objected to the use of your data (if we send you advertising as an existing customer, you can object to this at any time and we will put you on a blacklist against further advertising mailings);
  • Assertion of legal claims and defense in connection with legal disputes and official proceedings;
  • Prevention and investigation of criminal offenses and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
  • Guarantees of our operations, in particular IT, our websites, apps and other platforms;
  • Measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (e.g. access controls, visitor lists, network and mail scanners, telephone recordings).
If you have given us your consent to process your personal data for specific purposes (for example, when you register to receive newsletters or as part of an application process), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. Consent that has been given can be withdrawn at any time, but this has no effect on data processing that has already taken place.


4. COOKIES AND OTHER TECHNOLOGIES IN CONNECTION WITH THE USE OF OUR WEBSITE
We typically use “cookies” and similar technologies on our websites to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you use when you visit our website. This enables us to recognize you when you return to this website, even if we do not know who you are. In addition to cookies that are only used during a session and are deleted after your visit to the website ("session cookies"), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) ("permanent cookies"). However, you can set your browser so that it rejects cookies, only stores them for one session or otherwise deletes them prematurely. Most browsers are preset to accept cookies. We use permanent cookies to save user settings (e.g. language, autologin). If you block cookies, certain functions (e.g. language selection, shopping cart, ordering processes) may no longer work.

By using our website and agreeing to receive newsletters and other marketing e-mails, you consent to the use of these technologies. If you do not want this, you must set your browser or e-mail program accordingly.


5. DATA TRANSFER AND DATA TRANSMISSION AT HOME AND ABROAD
We also disclose personal data to third parties as part of our business activities and for the purposes set out in section 3, where permitted and where we deem it appropriate, either because this is necessary for the performance of a contract, because these third parties process the data for us, or because they wish to use the data for their own purposes. This applies in particular to the following bodies:
  • Service providers of ours, including contract processors (such as IT/cloud providers);
  • Dealers, suppliers, subcontractors and other business partners;
  • domestic and foreign authorities, official bodies or courts;
  • Social insurance carrier;
  • Industry organizations, associations, organizations and other bodies;
  • other parties in potential or actual legal proceedings;
all collectively referred to as “recipients”.

Most of these recipients are located in Switzerland, but can in principle be anywhere in the world.

If a recipient is located in a country without adequate statutory data protection, we contractually oblige the recipient to comply with the applicable data protection law (we use the revised standard contractual clauses of the European Commission, which are available here: www.eur-lex.europa.eu), unless the recipient is already subject to a legally recognized set of rules to ensure data protection and we cannot rely on an exception. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have given your consent or if the data in question has been made generally accessible by you and you have not objected to its processing.

We then use certain IT services and means of communication that may be associated with data security risks (e.g. e-mail, video conferencing). It is your responsibility to inform us if you require special security measures.


6. DURATION OF THE RETENTION OF PERSONAL DATA
We process and store your personal data for as long as is necessary for the fulfillment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, execution to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations. It is possible that personal data may be stored for the period in which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or anonymized as far as possible. For operational data (e.g. system protocols, logs), shorter retention periods of twelve months or less generally apply.


7. DATA SECURITY
We take appropriate technical and organizational security precautions to protect your personal data from unauthorized access and misuse, such as the use of IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, and oblige our external service providers to also take such security measures.


8. OBLIGATION TO PROVIDE PERSONAL DATA
As part of our business relationship, you must provide the personal data that is necessary for the initiation and execution of a mandate and the fulfillment of the associated contractual obligations. Without this data, we will generally not be able to conclude or execute a contract with you (or the entity or person you represent). It will also not be possible to use the website if certain information to secure data traffic (such as IP address) is not disclosed.


9. RIGHTS OF THE DATA SUBJECT
Within the framework of the data protection law applicable to you, in particular the Swiss Data Protection Act (DSG), and to the extent provided therein, you have the right to information, correction, deletion, the right to restrict data processing and otherwise to object to our data processing as well as to the surrender of certain personal data for the purpose of transfer to another body (so-called data portability). Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to store or process certain data, have an overriding interest in doing so (insofar as we are entitled to invoke this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already informed you about the possibility of withdrawing your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or cost consequences. We will inform you in advance if this is not already contractually regulated.

The exercise of such rights generally requires that you provide clear proof of your identity (e.g. by means of a copy of your ID where your identity is otherwise not clear or cannot be verified). To assert your rights, you can contact us at the address given in section 1.

Every data subject also has the right to enforce their claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch).


10. CHANGES
No consent from you, your employees or other contact persons is required for the privacy policy. The privacy policy merely provides information about the type, scope and purpose of the use of personal data by Experfina AG. We may amend this privacy policy at any time without prior notice. The current version published on our website applies. If the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

In case of doubt, the German version of the privacy policy applies.