Xentum AG - Privacy Policy EU/EEA

Preamble

Xentum AG (Commercial Register No. CH-130.3.022.938-0), domiciled at Lindenstrasse 8, 6340 Baar, Switzerland is a stock corporation duly incorporated under the laws of Switzerland acting as a financial intermediary that has joined a self-regulatory organization (SRO VQF, Zug), which in turn is regulated by the Swiss financial market authority finma (“Xentum”, “we”; “us”; “our”). Xentum respects its customers privacy and is committed to protecting personal information or, as otherwise termed, “personal data”.

If personal data from persons of the EU/EEA is being processed, then the parties enter into the following agreement, which complies with the applicable EU General Data Protection Regulation (EU 2016/679) (this “Privacy Policy” or this “Policy”, in deviation from the provisions of the privacy policy, which may be called under http://www.xentum.ch/privacy.html).

In that regard, Xentum has launched and offers services from European PSPs that are regulated according to the PSD2-directive for payment initiation services (Payment Initiation Service Providers; PISP) and account information services (Account Information Service Provider; AISP) (the “Services”). Merchant-customers of Xentum forward their end-customers from their respective payment institution to Xentum, which in turn forwards them to payment service providers (e.g., PISPs) to perform payment services.

This Privacy Policy explains how information about customers is collected, used, and disclosed by Xentum and to set out the basis on which we will process personal data when providing our Services.

This includes any data that may be provided for and in relation to our newsletters, updates, events and other marketing and promotional communications.

This Privacy Policy also aims to inform about: (i) how we will handle and look after personal data, (ii) our obligations in regard to processing personal data responsibly and securely, (iii) customer’s data protection rights as a data subject, and (iv) how the law protects customers

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this Privacy Notice

We process personal data in an appropriate and lawful manner, in accordance with the laws of Liechtenstein which shall be applicable to this Policy, unless this conflicts with mandatory consumer protection provisions of any EU/EEA member state and to the exclusion of collision laws; in particular we process personal data in accordance with the Liechtenstein Data Protection Act (the “Act”) as amended, and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), as well as subsidiary legislation and regulations promulgated thereunder. For the avoidance of doubt, it is noted that Liechtenstein has fully implemented the GDPR.

This Policy aims to give information on how Xentum collects and processes personal data in the scenarios outlined above in the ‘Preamble’ (namely, through provision of and customer’s use of the Services and our related services, including any data that may provided to us or which we may receive).

The Services are not intended for minors (i.e., persons under 18 years of age) and we do not knowingly collect personal data relating to minors.

It is important that this Policy is read together with any other privacy notice or policy which we may provide on specific occasions when we are collecting or processing personal data about in order to become fully aware of how and why we are using personal data. This Policy supplements the other notices and is not intended to override them, unless otherwise stated.

Controller

Xentum as defined above is the controller and responsible for customer’s personal data.

We have appointed a data protection officer (“DPO”) who is responsible for overseeing questions in relation to this Policy and our processing activities in general. Concerning any questions or requests, including any requests to exercise legal rights as a data subject, please contact the DPO using the details set out below

Contact Details

Full name of legal entity:

Xentum AG
Email address: compliance(at)xentum.ch
Postal address: Lindenstrasse 8, 6340 Baar, Switzerland
Telephone number: +41 41 763 1750

Last update and Duty to Inform us of Changes

This Policy was last updated on the date as noted at the end of this Policy.

It is imperative that the personal data we hold is accurate and current at all times. Otherwise, this will impair our ability to provide customers with the availability of our Services (amongst other potential and salient issues). Customers are obliged to inform us of changes in their personal data during our business relationship. For customer’s right to rectification of the processed information, please refer to sub-paragraph ii of Section 10 of the Policy.

Third-Party Links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about customers. We do not control these third-party websites and are not responsible for their privacy notices, statements or policies.

We encourage to read the privacy Policy of every website visited.

2. KEY DEFINITIONS

Set out below are key definitions of certain data protection terms which appear in this Privacy Policy.

“Data subjects” means living individuals (i.e. natural persons) about whom we collect and process personal data.

“Data controller” or “controller” means any entity or individual who determines the purposes for which, and the manner in which, any personal data is processed.

“Data processor” or “processor” means any entity or individual that processes data on our behalf and on our instructions (we being the data controller).

“KYC/AML/CFT” means Know Your Customer, Anti-Money-Laundering and Counter Finance of Terrorism respectively and refers to the applicable national and international compliance and due diligence duties.

“Personal data” means data relating to a living individual (i.e. natural person) who can be identified from the data (information) we hold or possess. This includes, but is not limited to, customer’s name and surname (including maiden name where applicable), address, date of birth, nationality, gender, civil status, tax status, identity card number & passport number, contact details (including mobile and home phone number and personal email address), photographic image, bank account details, emergency contact information as well as online identifiers. The term “personal information”, where and when used in this Privacy Policy, shall be taken have the same meaning as personal data.

“Processing” means any activity that involves use of personal data. It includes collecting, recording or holding the data, or carrying out any operation or set of operations on the data including, organising, structuring, storing, adapting or altering, retrieving, consulting, using, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing or destroying it. Processing also includes transferring personal data to third parties.

“Sensitive personal data”, “sensitive data” or “special categories of personal data” includes information about a person's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, genetics and genetics-related aspects, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings, or the conviction or the sentence of any court in such proceedings. This type of sensitive data can only be processed under strict conditions set forth in articles 9 and 10 of the GDPR.

Note that personal data does not include information relating to a legal person (for example, a company or other legal entity). In that regard, information such as a company name, its company number, registered address and VAT number does not amount to personal data in terms of both the Act and the GDPR. Therefore, the collection and use of information strictly pertaining to a legal person does not give rise to data controller obligations at law. Naturally, we will still treat any and all such information in a confidential and secure manner.

3. THE PERSONAL DATA WE COLLECT

Personal data, or personal information, means any information about an individual from which that person can be identified (as stated above). It does not include data where the identity has been removed and is not relatable to an identified or identifiable person (anonymous data). In the course of customer’s relationship with us (including during the on-boarding), we may collect, use, store and transfer different kinds of personal data of customers which we have grouped together.

We collect information customers provide directly to us. For example, we collect information when customers initiate a business relationship, participate in any interactive feature of the Services, fill out a form, participate in a community or forum discussion, complete a transaction, apply for a job at Xentum, request customer support or otherwise communicate with us. The types of information we may collect include customer’s name, date of birth, email address, postal address, phone number, and, in addition any further information that is legally required, or customers choose to provide. Only personal information necessary for carrying out and performing our tasks and services, or made available by customers on a voluntary basis, is collected.

For avoidance of doubt, categories of data as indicated below are applicable to customers. We shall request this information in order to be able to initiate customer relations and on-board customers in order to be eligible for our Services.

• Identity Data includes customers’ first name, maiden name (where applicable), last name, address, username or similar identifier, marital status, title, nationality, date of birth, gender, photograph, identity card and/or passport number.

• Contact Data includes customer’s billing address, email address and contact number (telephone and/or mobile).

• Financial Data includes customers’ bank account and payment details.

• KYC/AML/CFT Data includes the following due diligence (KYC/AML/CFT) information and documentation about customers: (i) copy of valid I.D. card or passport, (ii) proof of residence (e.g. confirmation of identity; current utility bill), (iii) KYC database checks, (iv) fraud database checks and (v) any documentation or information which may, from time to time:

- be required to collect to ensure compliance with any applicable legislation (including applicable foreign laws) and global AML/KYC/CFT practices; and/or

- otherwise be mandated to collect by a financial intelligence unit or national financial market supervisory authority and/or any other competent authority or law enforcement agency (national or international).

• Marketing and Communications Data includes customers’ preferences in receiving marketing from us and our third parties and customers’ communication preferences.

• Transaction Data includes details about:

- Masked IBAN;
- Customer’s full name;
- IP-address of the requesting merchant;
- Transmitted payment data (transactional volume, amount; purpose, currencies involved);
- Transmitted payment data (TransactionsID, ShopperID, InvoiceID);
- Account to which the transferral is made;
- Name and IBAN of the end customer in plain text (will be used in case of repeated payment, use of registration);
- Name, address and email of the end customer, which are transferred to us by the merchant;
- customers’ transactional history relating to the Services; and
- the payments which we receive, or otherwise, charge customers (e.g. our fees for use of our Services).

• Enhanced KYC Data applies in respect of instances mandated by our KYC/AML policy, which would include, amongst other scenarios, situations where a higher risk of money laundering and funding of terrorism has been identified.

In all cases, we collect the following information upon access to our website (http://www.xentum.ch/) and/or Services:

• Technical/Log data includes the IP-address, customers’ login data (username and password), information on internet service provider, device type, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and other technology on the devices used to access our website and Services. This also includes information about customers’ use of the Services, including the type of browser time and date of access, pages viewed, and the pages visited before navigating to our Services.

• Usage Data includes information about how our Services are used by customers.

For the duration of this information being stored, please see Section 9. In accordance with the relevant legal obligations, AML/KYC/CFT Data will be stored until ten years after the termination of the customer relationship. The storage’s purpose is based on ensuring the operability and integrity of the system, ensuring the performance of transactions, the compliance with the legal duties concerning KYC/AML/CFT and related due diligence duties as well as for statistical purposes.

Failure to provide Personal Data

Where we need to collect personal data:

• by law; or
• under the terms of, or in connection with any business relation we have; or
• as part of our legitimate (business) interests to verify the identity of our applicants and clients, mitigate against risks (such as potential or suspected fraud) and in particular, to assess and take a decision on whether we will or should enter into a relationship with contracting parties (as subject to our client acceptance criteria and policies); and this data is not provided when requested, or else provided in an incomplete or insufficient manner, we may not be able to perform or conclude contractual relations which we have or are otherwise trying to enter into.

and this data is not provided when requested, or else provided in an incomplete or insufficient manner, we may not be able to perform or conclude contractual relations which we have or are otherwise trying to enter into.

In certain instances, particularly where this relates to KYC/AML/CFT data, we may even need to exercise our prerogative to terminate our contractual relations, and thus withdraw the availability of our Services, or else, if still at application stage, we may have to decline to enter into a contractual relationship.

Sensitive Personal Data

We do not knowingly collect any information qualifying as Special Categories of Personal Data under article 9 of the GDPR (or Sensitive Personal Data). Should we receive sensitive personal data, we will only process that data where there is a legitimate reason and purpose as set down in article 9 para. 2 of the GDPR to do so and, in all circumstances, in accordance with our obligations at law and under the appropriate safeguards.

As set out below in Section 5, we collect and process KYC/AML/CFT data in order to be able to (i) comply with legal and regulatory obligations, as applicable (ii) conduct our AML and KYC checks, and other due diligence checks, (iii) verify customer’s identity or claimed identity and identify and/or verify customer’s source of funds and source of wealth, as appropriate, (iv) perform a risk assessment on the potential customer relationship, (v) take an informed decision on whether we want to enter into a customer relationship, and, if positive, to conduct initial and ongoing screening and monitoring and (vi) to comply with any legal or regulatory obligation that we may have and/or any court, regulatory or enforcement order that may be issued upon us.

4. HOW PERSONAL DATA IS COLLECTED

(A) Initiate customer relationship / on-boarding

We will ask customers to provide us with Identity, Contact, Financial and KYC/AML/CFT Data and other data as indicated when initiating business relations.

For the duration of this information being stored, please see Section 9.

(B) Service Use.

This encompasses all of the data categories listed in Section 3.

(C) Direct Interactions

Customer may also give us Identity, Contact, Financial, AML/KYC Data, Marketing and Communications Data, and Transaction Data by corresponding with us by post, phone, e-mail or otherwise. This includes personal data that customers provide when they, as applicable:

- Initiate business relationship (on-boarding);
- use our Services;
- contact us with complaints or queries;
- report issues;
- submit the (additional or supplementary) KYC/AML/CFT Data that we may request;
- request marketing material;
- participate in a survey; or
- provide us with feedback

(D) Automated Technologies or Interactions

As customers interact with us, we may automatically collect Technical Data about equipment, browsing actions and patterns (please see the bullet point “Technical/Log Data” for the relevant information that is collected and processed. We collect this personal data by using server logs and other similar technologies.

The legal basis for the data processed by the way of the logfiles is article 6 para. 1 subpara. 1 lit. f of the GDPR.

(E) Third Parties or Publicly Available Sources

We also obtain information from other sources and combine that with information we collect through our Services. For example, we collect information about customers from third parties, including but not limited to social media platforms and publicly available sources.

We also receive personal data about customers from various third parties and public sources, as set out below:

• Identity, Contact, KYC/AML/CFT Data from publicly available sources such as public court documents, the commercial register and the company houses and registers of other jurisdictions, and from electronic data searches, online KYC search tools (which may be subscription or license based), anti-fraud databases and other third-party databases, sanctions lists, outsourced third-party KYC providers and from general searches carried out via online search engines (e.g. Google).

5. HOW WE USE PERSONAL DATA

We will only use personal data pursuant to the law. Most commonly, we will use personal data in the following circumstances:

• Where we need to perform our contractual obligations and duties we are about to enter into or have entered into with customers in respect of customer relationships with us.

• Where it is necessary for our legitimate interests (or those of a third party) and customer interests as well as fundamental rights do not override those interests.

• Where we need to comply with a legal or regulatory obligation.

Purposes for which we will use Personal Data

We have set out below, in a table format, a description of all the ways we plan to use personal data, and which is the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate. We may process personal data for more than one lawful ground depending on the specific purpose for which we are using data. Please contact us at compliance(at)xentum.ch if details regarding the specific legal ground we are relying on to process personal data where more than one ground has been set out in the table below are required.

Purpose/Activity	Type of Data	Lawful Basis for Processing (including Basis of Legitimate Interest)
(i) To conduct due diligence (following application to initiate business relations). (ii) To determine if we will enter into a customer relationship and, if positive, on-board a new customer.	(a) Identity; (b) Contact; (c) Financial; (d) KYC/AML/CFT Data;	(a) Performance of a contract. (b) Necessary for compliance with our legal obligations (c) Necessary for our legitimate interests, including to establish and verify: - identity and suitability regarding our Services, - the existence of any risks that prospective customers may present, - ability to meet financial commitments, - and ultimately, to enable us to take an informed decision on whether we should enter into a customer relationship.
(i) To establish and verify customers’ identity. (ii) To fulfil our other internal KYC policies and requirements, including, but not limited to a risk assessment. (iii) To fulfil any external mandatory reporting obligations that we may have to a FIU, national financial market supervisory authority, the SRO, the commercial register, the police and any other (including overseas) public, regulatory, law enforcement or tax authority.	(a) Identity; (b) Contact; (c) Financial; (d) KYC/AML/CFT Data; (e) Enhanced KYC Data.	(a) Necessary to comply with a legal obligation. (b) Necessary for our legitimate interests (for risk assessment purposes, to prevent and mitigate against fraud, to safeguard the reputation of our business).
To provide the Services, in particular: (i) to enable payment initiation and other payment services via Xentum by payment service providers; (ii) manage payments, fees, charges and subscription costs; and (iii) collect and recover money as may be appropriate; and (iv) investigate any suspected fraudulent transactions	(a) Identity (b) Contact (c) Financial (d) Transaction	(a) Performance of contract (b) Necessary for our legitimate interest to collect and recover debts and prevent fraudulent transactions
For legal, tax and accounting purposes (e.g. reporting to tax authorities, and accounting record requirements).	(a) Identity; (b) Contact (c) Applicant (d) KYC/AML/CFT Data (e) Enhanced KYC Data; (f) Financial; (g) Transaction.	Necessary for our legitimate interests, including in particular: - To protect the reputation of our business; - To avoid any complicity or association with fraud; - To report fraudulent or otherwise suspicious orders that we receive (or which later came to our knowledge) to relevant public authorities.
To manage our relationship with customers, including in particular: (i) To notify about changes to our terms and conditions or privacy notices; (ii) To inform about changes to our Services; (iii) deal with enquiries, requests, complaints or reported issues; (iv) provide customer support and assistance; (v) contact customers in relation to other matters; (vi) ask to participate in a survey; (vii) request feedback; (viii) advise on industry and legislative updates; (ix) inform about our events; (x) provide information about our Services; (xi) provide any other information or materials that was requested; (xii) manage disputes with; (xiii) to identify and correct issues with the Services and/or our website and affiliated Services.	(a) Identity; (b) Contact; (c) Financial; (d) Transaction; (e) Usage; (f) Marketing and Communications.	(a) Performance of contract. (b) Necessary for our legitimate interests (for ‘customer care’ and service matters, to study how clients use our Services, to assess our operations, to develop them and grow our business).
To administer and protect our business (including troubleshooting, data analysis, testing, system maintenance, support, safety and security testing, reporting and hosting of data).	(a) Identity; (b) Contact; (c) Technical.	(a) Necessary for our legitimate interests (for running and administering our business, network security, to prevent fraud, and in the context of a business reorganisation or group restructuring exercise). (b) Necessary to comply with a legal obligation. (c) Performance of contract.
To deliver relevant website content and advertisements and measure or understand the effectiveness of the advertising. To ensure that our content is presented in the most effective and user-friendly manner.	(a) Identity; (b) Contact; (c) Usage; (d) Marketing and Communications; (e) Technical.	Necessary for our legitimate interests (to study how customers use our Services, to grow our business and to inform our marketing strategy).
To use data analytics, including those collected by third parties, to improve the Services, marketing, customer relationships and experiences.	(a) Technical; (b) Usage.	Necessary for our legitimate interests (to define types of customers and to keep the Services updated and relevant, to develop our business and marketing strategy).

We make sure we consider and balance any potential impact for our customers before we process personal data for our legitimate interests. We do not use personal data for activities where our interests are overridden by the impact on or legal rights of our customers (unless we have explicit consent or are otherwise required or permitted to by law). Customers can obtain further information about how we assess our legitimate interests against any potential impact on customers in respect of specific activities by contacting us at the following email address: compliance(at)xentum.ch

Marketing

Through Identity, Contact, Technical, Usage and Marketing and Communications Data, we can form a view on what we think customers may want or need.

Customers may receive marketing communications from us (which may consist of newsletters, industry updates, mailshots, publications, promotional materials and/or information about our events) where:

• customers provide consent to receiving such marketing material; or

• customers have an ongoing commercial or contractual relationship with us; and

• provided customers have not opted out of receiving marketing from us (see Your right to object in section 10 below).

Third-Party Marketing

We will get customers’ express opt-in consent before we share their personal data with any third parties (including our associated or related corporate entities) for marketing purposes. If consent is not provided, your personal data shall not be shared for marketing purposes.

Opting Out

Customers can ask us to stop sending such advertising and marketing communications at any time by:

• following the opt-out links on any marketing message sent;

• contacting us at any time at compliance(at)xentum.ch

Where customers opt out of receiving such communications, this will not apply to personal data processed or provided to us as a result of customers’ entry into a customer relationship with us and our Services for the other respective purposes.

Change of purpose / processing under a different purpose

We will only use personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose, or we are obliged to process personal data by applicable laws or court or other enforceable orders.

If customers wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at compliance(at)xentum.ch
If we need to use personal data for an unrelated purpose based on a legal provision requiring such processing, we will notify and we will explain the legal basis which allows us to do so to customers.

Please note that we may process personal data without the need to obtain consent, in compliance with the above rules, where this is required or permitted by law.

6. DISCLOSURE OF PERSONAL DATA

We may have to share personal data with the parties set out below for the purposes set out in the table in Section 5 above.

• External third parties;
• Suppliers and external agencies that we engage to process information on our and/or customers’ behalf, including to provide information and/or materials that have been requested; • Our subsidiaries, associates and agents where necessary to facilitate customer relationship with us;
• The Swiss Tax Administration (ESTV Eidgenössische Steuerverwaltung), the Office for Data Protection, regulators, law enforcement agencies and other authorities who require reporting of processing activities, or may request information from us, in terms of applicable law and in certain circumstances;
• Professional advisers such as lawyers, bankers, professional indemnity insurers, brokers and auditors;
• Other organisations where exchange of information is for the purpose of fraud protection or credit risk reduction;
• Debt recovery agencies who assist us with the recovery of debts owed to us;
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets (successors in title). Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use personal data in the same way and for the same purposes as set out in this Policy.

We require all third parties to respect the security of personal data and to treat it in accordance with the law (including applicable data protection and privacy law). We do not allow our third party business partners or service providers to use personal data for their own purposes and only permit them to process personal data for specified purposes and in accordance with our documented instructions. Furthermore, these third parties access and process personal data on the basis of strict confidentiality and subject to the appropriate security measures and safeguards.

We may also disclose customers data:

(i) if we are under a duty to disclose or share personal data to comply with any legal obligation, judgment or under an order from a court, tribunal or authority, or

(ii) if we believe customers’ actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Xentum or others, or

(iii) in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; or

(iv) if we have consent or at a customer’s direction.

We may also share aggregated or anonymized information, which cannot reasonably be used to identify you.

7. INTERNATIONAL TRANSFERS

We do not generally transfer personal data to entities outside Switzerland or the European Economic Area including the EU (“EEA”) except as may be necessary to:

(i) enable use of our Services,

(ii) fulfil our contractual obligations or exercise our contractual obligations against customers,

(iii) comply with our legal or regulatory obligations or

(iv) assert, file or exercise a legal claim.

Where we do need to transfer personal data outside Switzerland and the EEA (whether for these stated purposes or any other purpose listed in Section 5 above), we will ensure a similar degree of protection is afforded to that personal data by ensuring at least one of the following safeguards applies or is otherwise implemented:

• We will only transfer personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission in a corresponding adequacy decision.

• In the absence of an adequacy decision, we will use standard contractual clauses that have been approved by the European Commission.

Such transfers of personal data shall only take place subject to the appropriate safeguards. In particular we make use of Standard Contractual Clauses approved by the European Commission in order to transfer personal data to our service providers.

Please contact us at compliance(at)xentum.ch if further information on the specific mechanism used by us when transferring personal data is required.

8. DATA SECURITY

While no online or electronic system is guaranteed to be secure, we take reasonable measures to protect information and personal data from theft, misuse, unauthorized access, disclosure, alteration and destruction.

We have put in place appropriate technical and organisational security measures to prevent personal data from being partially or entirely lost, accidentally or intentionally manipulated, used or accessed in an unauthorised way by third parties, altered, disclosed, or destroyed. In addition, we limit access to personal data to those employees, agents, contractors and other third parties who have a business on a need-to-know-basis. They will only process personal data on our instructions and they are subject to a duty of confidentiality. Our security measures are improved in accordance with technological progress.

We have put in place procedures to deal with any suspected personal data breach and will notify customers and any applicable regulator of a breach where we are legally required to do so.

9. DATA RETENTION

How long will personal data be used/stored?

Please note that we consider our relationship to be an ongoing and continuous customer relationship, until terminated.

We will only retain personal data for as long as necessary to fulfil the purposes we collected it for (i.e. the ongoing service provision) and, thereafter, for the purpose of satisfying any legal, accounting, tax, KYC and AML, and reporting requirements or obligations to which we may be subject and/or to the extent that we may also need to retain personal data to be able to assert, exercise or defend possible future legal claims against or otherwise involving customers.

By and large, our retention of personal data shall not exceed the period of three (3) years from the date of the termination of customer relationship with us. This period of retention enables us to use the data in question for the possible filing, exercise or defence of legal claims (taking into account the timeframe of applicable statutes of limitation and prescriptive periods). In certain cases, though we may need to retain data for a period of up to ten (10) years in order to comply with applicable accounting and tax laws (this primarily concerns Transaction Data).

In the event that Xentum’s activities are held by competent legislators and regulators to amount to a ‘relevant activity’ under due diligence law, we will retain KYC/AML/CFT Data for the duration of the business relationship with us and for a further period of ten (10) years following its termination. We may need to revise this AML retention period in the event of applicable legal or regulatory developments, of which we will inform customers. In certain instances it may be required by law to store data for more than ten (10) years.

In some circumstances, customers can ask us to delete their data. Compare below for further information.

Kindly contact our DPO for further details about the applicable retention periods.

Data Minimisation

Whenever and to the extent possible, we anonymise the data which we hold about when it is no longer necessary to identify customers from the data which we hold about them (anonymous data).

In order to collect, use, and share data, we will anonymise personal data so that it can no longer be associated with customers for research or statistical purposes, in which case we may use this information indefinitely without further notice.

10. LEGAL RIGHTS OF CUSTOMERS

Customers have rights under data protection laws in relation to their personal data which is being processed. These rights comprise of the right to:

• Request access to their personal data.
• Request correction of their personal data.
• Request erasure of their personal data.
• Object to processing of their personal data.
• Request restriction of processing their personal data.
• Request transfer of their personal data.
• Right to withdraw consent.

In order to exercise any of the rights set out above, please contact us at compliance(at)xentum.ch. These rights are explained in detail below.

No Fee

Customers normally don’t have to pay a fee to exercise their rights as a data subject.

However, we may charge a reasonable fee if a request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with requests in the above circumstances.

What we require in case of a request

We will need to request specific information from a customer to help us confirm the customer’s identity and ensure the customer’s right to access the personal data (or to exercise any of the other rights as a data subject). This includes name, address, date of birth, and (in case of a passport/identity card being requested) its validity period.

Deadline for response

We try to respond to all legitimate requests within the period of one month from receipt of the request.

Occasionally it may take us longer than a month if a request is particularly complex or a number of requests have been made. In this case, we will give notification within four weeks and keep customers updated on the handling of their request.

Customers Legal Rights

According to the GDPR, data subjects (customers) have the right to:

i. Request access to their personal data (commonly known as a “data subject access request”). This enables customers to receive a copy of the personal data we hold about them and to check that we are lawfully processing it. In particular, customers are entitled to receive information on the processing purposes, the categories of personal information, the categories of recipients to whom their personal data has been or is disclosed to, the intended duration of storage, the existence of a right to correction or rectification, erasure, restriction of or objection to processing, transfer (data portability), the information’s origin (as far as it has not been collected on our part), as well as on the existence of automated individual decision-making including profiling. Customers may send an email to compliance@xentum.ch requesting information on the personal data which we process. Customers shall receive one copy free of charge via email of the personal data which is undergoing processing. Any further copies of the information processed may incur a charge of CHF 10.00.

If the confirmation as stated above cannot be delivered within one month after receiving the request due to the complexity of the request, we will inform customers of the extension of the deadline (of two months maximum) within one month after receiving the request, while providing reasons for the delay. The requested information will be delivered no later than within three months after receiving the request (article 12 para. 3 GDPR), about the third party or publicly accessible source from which we have collected personal data.

ii. Request correction or rectification of the personal data that we hold about. This enables customers to have any incomplete or inaccurate data we hold corrected and/or updated, though we may need to verify the accuracy of the new data provided. As mentioned, it is in the customers interest to keep us informed of any changes or updates to their personal data which occur during the course of the business relationship with us.

iii. Request erasure of personal data. This enables customers to ask us to delete or remove personal data where:

• there is no need or legitimate reason for us continuing to process it;
• customers have withdrawn consent to the processing (where applicable);
• customers have successfully exercised the right to object to processing (see below);
• we have processed information unlawfully; or
• we are required to erase personal data to comply with applicable law.

Note, however, that we may not always be able to comply with requests of erasure for specific legal reasons which will be given notice of, if applicable, at the time of the request. These may include instances where continued processing is necessary in order to be able to:

• comply with a legal or regulatory obligation to which we are subject; or
• establish, exercise or defend our legal claims.

iv. Object to processing of customers’ personal data where we are relying on a legitimate interest (or those of a third party) and there is something about a customer’s particular situation which makes the customer want to object to processing on this ground as a customer feel it impacts on your fundamental rights and freedoms. Customers also have the right to object where we are processing personal data for direct marketing purposes (compare Marketing under Section 5).

In some cases, the right to object will not lead to us no longer processing the personal data due to compelling legitimate grounds to further process that information overriding customers’ interests, rights, and freedoms. In such cases, we will demonstrate these grounds in a clear and specific manner.

v. Request restriction of processing of personal data. This enables customers to ask us to suspend the processing of their personal data in the following scenarios:

• if customers contest the data’s accuracy, enabling us to verify said accuracy;
• where our use of the data is unlawful, but customers do not want us to erase it;
• where customers need us to hold the data even if we no longer require it as customers need it to establish, exercise or defend legal claims; or
• customers have objected to our use of data but we need to verify whether we have overriding legitimate grounds to use it (compare subpara. iv. of this Section).

vi. Request the transfer (data portability) of personal data to the respective customer or to a third party. We will provide to the respective customer, or a third party chosen by the respective customer, their respective personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information (see Section 4 subsection D) with regard to which consent was give to us for processing or where we used the data to perform a contractual obligation or duty towards the customer.

vii. Withdraw consent at any time where we are relying on consent to process a customer’s personal data (which will not generally be the case). This will not however affect the lawfulness of any processing which we carried out before withdrawal of consent. Any processing activities that are not based on customers’ consent will remain unaffected by the withdrawal of consent.

Kindly note that none of these data subject rights are absolute and must generally be weighed against our own legal obligations and legitimate interests. If a decision is taken to override a data subject request, the customer will be informed of this by us along with the reasons for our decision.

viii. Right to file a complaint with the supervisory authority: If customers are of the opinion that their personal information has been processed unlawfully or that their rights under the Act and/or the GDPR have been breached, they have the right to lodge a complaint at any time to a competent supervisory authority on data protection matters, such as in particular the supervisory authority in the place of their habitual residence or place of work. We would, however, appreciate the opportunity to deal with a customer’s concern before the supervisory authority on data protection is approached.

11. CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time, particularly where we need to consider and cater for any (i) business developments and/or (ii) legal or regulatory developments under applicable law which affect our Services. If we make changes, we will notify customers) We encourage customers to review the Privacy Policy whenever our Services are accessed or when customers otherwise interact with us to stay informed about our privacy and data protection practices and the ways customers can help protect their privacy.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at compliance(at)xentum.ch