Privacy Policy

The protection of personal data is of particular concern to Fairway Asset Management AG (“FAM”). A high level of data protection and data security is important to FAM, especially to protect your privacy. Our Privacy Policy is divided into the following chapters:

1. General Information
2. Information for visitors of FAM’s Website
3. Information for contractual partners of FAM
4. Information for job applicants

In the event of any contradictions between the information, the chapter 2-4 take precedence over the general information in chapter 1.

1. General Information

1.1 Principle and Scope

The following information provides a simple overview of what happens to your personal data when you visit this website or enter into a contractual relationship with FAM or when you apply for a job with FAM. Personal data is any data that can be used to identify you personally. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text. Please note that this data protection information does not apply to websites or legal relationships of other providers to which our website may be linked.

Personal data refers to information relating to an identified or identifiable natural person. Certain categories of particularly sensitive personal data, such as health data, are specially protected by specific legal provisions. The term “processing” covers all procedures in connection with your data, including collection, storage, use, disclosure, archiving or deletion. We comply with the Swiss Federal Law on Data Protection (DSG) when processing data.

In the following, we would like to explain to you what data we collect, for what purpose we use it and what rights you have with regard to your data. If you transmit data to us via third parties, we assume that you are authorised to do so and that the data transmitted is correct. We therefore ask you to inform the third parties concerned of the processing of their data by us and to provide them with a copy of this privacy policy or the relevant product information. If we inform you of an updated version of this documentation, please also pass on these new versions.

In addition, our employees are regularly trained in data protection issues and are subject to a duty of confidentiality. In addition, compliance with data protection regulations is monitored by our data protection office.

1.2 Responsibilities and Contact

Responsible for the processing of data described in this privacy policy is:

If you have any questions or concerns regarding the processing of your data or your data protection rights, please contact us at:

1.3 Your Rights

In accordance with the applicable data protection law, you have the following rights in accordance with the applicable data protection provisions and under certain conditions:

• Right to information: You can request information from us as to whether we process your personal data and, if so, which data this is.
• Right to rectification: You can request that we correct incorrect data or complete incomplete data.
• Right to erasure: You may request the erasure of your data. Please note, however, that certain legal provisions or legitimate interests may restrict our obligation to delete your data.
• Right to data portability: Under certain conditions, you can request that we provide you with the data you have provided in a structured, common and machine-readable format.
• Right to withdraw consent: If the data processing is based on your consent, you can revoke this consent at any time. Please note that the revocation does not affect the lawfulness of the data processing carried out until the revocation.
• Right to object: Under certain circumstances, you have the right to object to the processing of your data, in particular for direct marketing or legitimate interest purposes.
• Right to complain: If you do not agree with our handling of your data, you have the right to contact our data protection office or the competent data protection supervisory authority.

You can exercise your right to complain to the Swiss supervisory authorities:

Federal Data Protection and Information Commissioner (FDPIC)
Feldeggweg 1
CH – 3003 Bern
Switzerland

Phone: +41 (0)58 462 43 95
E-Mail: info@admin.ch
Website: http://www.edoeb.admin.ch

Please note that these rights are subject to legal requirements and that exceptions and limitations may apply. To exercise your rights, you can contact us in writing or by email at the address below.

1.4 Storage of the Data

We only store your data for as long as it is necessary for the purposes stated by us or as we are legally or contractually obliged to do. Data that is no longer necessary for the stated purposes will be deleted by us as part of our regular data maintenance or, alternatively, anonymized.

1.5 Processor

Insofar as this is necessary to fulfil the processing purposes, personal data is also passed on to order processors (e.g. IT service providers). These processors act in a supportive capacity and are contractually bound to our instructions. They are also contractually bound to comply with the provisions of data protection law.

1.6 Transmission abroad

We process and store personal data mainly in Switzerland and the European Economic Area (EEA), but potentially in any country in the world, depending on the case – for example, via subcontractors of our service providers or in proceedings before foreign courts or authorities. In the course of our work for clients, your personal data may also be transferred to any country in the world.

If a recipient is located in a country without adequate data protection, we contractually oblige the recipient to comply with an adequate level of data protection (for this purpose, we use the revised standard contractual clauses of the European Commission, which can be accessed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?, including the supplements necessary for Switzerland), unless the recipient is already subject to a legally recognised set of rules to ensure data protection. We may also transfer personal data to a country without adequate data protection without concluding a separate contract for this purpose if we can rely on an exceptional provision for this purpose. 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 which is in your interest requires such disclosure, if you have given your consent or it is not possible to obtain your consent within a reasonable period of time and the disclosure is necessary to protect your life or physical integrity or that of a third party, or if it concerns data which you have made generally accessible and the processing of which you have not objected to. We may also rely on the exception for data from a register provided for by law (e.g. commercial register) to which we have been legitimately granted access.

2. Information for Visitors of FAM’s Website

2.1 Data Collection and Purpose of Use

On the one hand, your data is collected when you provide it to us. Other data is collected automatically by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page access). This data is collected automatically as soon as you enter this website.

Some of the data is collected in order to ensure the error-free provision of the website. Other data may be used to analyse your user behaviour.

2.2 Processing of Data

Data processing on this website is generally carried out by FAM.

If you contact us by e-mail, telephone or fax, your enquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. The processing of this data is usually in connection with the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In addition, the processing may be based on your consent and/or on our legitimate interests, as we have a legitimate interest in effectively processing the requests addressed to us.

The data you send us via contact requests will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Finally, we may also store and process your data for security reasons and to control access to our website.

2.3 Analysis Tools and Third-Party Tools

When visiting this website, your surfing behaviour can be statistically evaluated. This is mainly done with cookies and so-called analysis tools. The analysis of your surfing behaviour is usually anonymous; the surfing behaviour cannot be traced back to you.

You can object to this analysis or prevent it by not using certain tools. You can find detailed information on these tools and on your objection options in the following privacy policy.

2.4 Hosting and Content Delivery Networks (CDN)

This website is hosted by the following external service provider (hoster):

Hostpoint AG
Neue Jonastrasse 6
8640 Rapperswil
Switzerland

The personal data collected on this website is stored on the hoster’s servers. This may include, but is not limited to, IP addresses, contact requests, meta and communication data, contractual data, contact details, names, website accesses and other data generated via a website.

The hoster is used for the purpose of fulfilling the contract with our potential and existing customers and in the interest of a secure, fast and efficient provision of our online offer by a professional provider.

Our hoster will only process your data insofar as this is necessary for the fulfilment of its service obligations and will follow our instructions with regard to this data.

2.5 SSL or TLS Encryption

Our website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

2.6  Cookies and Server-Log-Files

2.6.1 Cookies

Our website use so-called “cookies”. Cookies are small text files and do not cause any damage to your end device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to analyse user behaviour or to display advertising.

Cookies that are required to carry out the electronic communication process or to provide certain functions requested by you (e.g. shopping basket function) are stored on the basis of art. 31 para. 2 FDAP. The website operator has a legitimate interest in storing cookies for the technically error-free and optimised provision of its services. If a corresponding consent has been requested (e.g. consent to the storage of cookies), the processing is carried out exclusively on the basis of art. 6 para. 1 FDAP; the consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or generally and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be limited.

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately within the framework of this data protection declaration and, if necessary, request your consent.

2.6.2   Server-Log-Files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

• browser type and browser version
• Operating system used
• referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address

This data is not merged with other data sources.

The collection of this data is based on art. 31 para. 2 FDAP. The website operator has a legitimate interest in the technically error-free presentation and optimisation of his website – for this purpose, the server log files must be recorded.

2.7  Analysis Tools and Advertisement

Our website is not using any analysis tools or advertisement.

2.8 Plugins and Tools

Our website is using the following plugins and tools:

• UpdraftPlus (for the backup functionality)
• Rank Math SEO (for the SEO functionality)
• Instant Images & Safe SVG (for the copyright free images on the blog)
• Fluent Forms (for the forms functionality)
• Elementor & Elementor Pro (for the page building functionality)

All the used plugins and tools are FDAP compliant.

3. Information for Contractual Partners of FAM

3.1  Data Collection and Purpose of Use

In principle, the data collection takes place within the framework of the fulfillment of the contractual relationship. The data processing is necessary to protect our legitimate interest in the fulfillment of the contract, to maintain and expand the customer relationship and for the mutual fulfillment of the resulting obligations. The following list is intended to give a good overview of relevant purposes, but they do not claim to be complete. Your personal data will be processed:

• to identify the data subject as a customer, executive or representative of a company;
• to give you appropriate advice;
• to communicate with you;
• for invoicing;
• to conduct conflict of interest checks;
• to inform you about events or important legal developments.

3.2  Data Processing within the framework of the contractual relationship

As part of the contractual relationship, FAM processes the data you provide (e.g. name, address, contact details, curriculum vitae, copies of ID cards, register extracts, training certificates, employer confirmation, insurance certificates) as well as those that arise as a result of the contractual relationship. This data is categorized and listed in more detail under “Data Categories”. The data is processed and transmitted to comply with regulatory requirements and to comply with recording, information and reporting obligations, insofar as this is required by law or standards or contractual obligations, including correspondence in these matters.

3.3  Failure to provide necessary data

If the provision of personal data for data processing is required by law, contractually agreed or required for the conclusion of a contract, failure to provide the data may mean that FAM cannot meet its obligations to you.

3.4 Data Categories

FAM processes the following data categories or only parts of them. The following data categories are intended to give a good overview of relevant categories, but they do not claim to be complete.

3.4.1 Natural Person

• Citizenship, place of birth, mandate-related necessary information.
• Salutation, first name, last name
• Valid Email Address
• Address
• Telephone number
• if applicable, place of birth, nationality, date of birth
• Information required within the framework of the contractual relationship.

3.4.2 Legal Entities

• Company name
• Valid Email Address
• Address
• Telephone number
• Information required within the framework of the contractual relationship.

3.5 Recipients or Categories of Recipients

A transfer of personal data to third parties for purposes other than those mentioned in Section 3.1 does not take place. Insofar as it is necessary for the fulfillment of the contract, personal data can be transmitted to third parties. This includes in particular the transmission to other parties involved in the contracting party, opposing parties to the proceedings and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of communication as well as advising and/or representing the contracting party.

Personal data may also be transferred to third party processors, including data to identify potential conflicts of interest and for general customer administration purposes, as well as information about events or important legal developments.

The transmitted data may only be used by the respective third party for the stated purposes. The attorney’s duty of confidentiality remains unaffected.

4. Information for Job Applicants

4.1 Data Collection and Purpose of Use

We process the data that you have sent us in connection with your application in order to check your suitability for the position (or any other open positions in our company) and to carry out the application process.

We use Microsoft Corporation’s “Teams” tool to conduct online job interviews when necessary. When using “Teams”, various types of data (video, usage and contact data) are processed.

We do not plan to process any special categories of your personal data. This includes data revealing racial and ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, health data or data relating to sex life or sexual orientation of a natural person. If you provide us with such personal data of your own volition, our processing will also include such data.

4.2  Basis

The admissibility of data processing in Switzerland is fundamentally based on the principles of art. 6 FDAP.

4.3  Storage Duration

Applicant data will be deleted after 6 months in the event of rejection. In the event that you have agreed to further storage of your personal data, we will transfer your data to our pool of applicants. The data will be deleted there after 24 months. If you have been awarded a position as part of the application process, the data from the applicant data system will be transferred to our personnel information system.

4.4  Data Sharing

Your applicant data will be viewed by the HR department after your application has been received. Suitable applications are then forwarded internally to the department heads for the open position. Then the further process is coordinated. In principle, only those people in the company who need it for the proper course of our application process have access to your data. For cross-company applications for vacancies, we pass on the data to the respective companies.

Any audio, video or chat content is also only processed during the respective online meeting. “Teams” is a product for online meetings from Microsoft 365, which we use via the service provider Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown Dublin 18, Ireland by way of so-called order processing.

Your applicant data may also be disclosed to third parties if we are legally obliged to do so – e.g. by court order – or to support criminal or legal investigations or other legal investigations or proceedings at home or abroad or to fulfill our legitimate interests is required)..

4.5 Place of Processing

The data is processed and stored exclusively in data centers in the European Economic Area (EEA) or Switzerland. Due to the routing of data via internet servers, we cannot rule out the possibility of further data processing outside the EEA. This can be the case in particular if participants in “teams” are in a third country.

However, the data is encrypted during transport over the Internet and thus protected against unauthorized access by third parties.

4.6 Consequences of Non-Provision

The provision of personal data is necessary in order to carry out the application process with you and later to conclude an employment contract with you. You are not obliged to provide us with this personal data. If you do not provide us with the personal data required for the selection process or the conclusion of an employment contract, we may not be able to consider you in the application process.

Update

This privacy policy is not part of a contract and can be changed by us at any time. The version published here applies.

Last updated September 1, 2023.