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Data Privacy Notice

Fortune Financial Strategies SA, Rue de Contamines 16, 1206 Geneva ("FFS", the "Company" or "we") understands that your personal data and your privacy is important to you.

The purpose of this Data Privacy Notice (the "Privacy Notice") is to inform our clients, prospective clients and business partners (individually the "Subject" or "you", collectively the "Subjects" or "you") about how we collect, disclose, store and generally process your personal data (meaning data that directly or indirectly identifies natural persons, "Data") in the framework of FFS providing its services (the "Services") in accordance with the Swiss Federal Act on Data Protection ("FADP"), and, where applicable, the EU General Data Protection Regulation ("GDPR").

Please refer to the Website Privacy Notice available at https://www.fortunefs.ch/website-privacy-notice regarding the processing of Data by FFS's website.

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1. Controller

The controller is Fortune Financial Strategies SA, Rue de Contamines 16, 1206 Geneva. The Company is responsible for the processing of Data under the Privacy Notice. It determines if such processing takes place, for what purposes and under which modalities.

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2. General principles

FFS recognizes the importance of keeping the Data confidential and safeguarded and protecting the Subjects' privacy rights.

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3. Grounds and purposes for the process of Data

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3.1 Grounds

The processing of the Data will be based on one of the following grounds (the "Grounds"):

  • the processing of Data is justified by the contract – Data will be processed when it is necessary for the negotiation, conclusion and performance of a contract with FFS;

 

  • the processing of Data is justified by the legitimate interest of the Company – Data will be processed by FFS to develop its products and services, for advertising and marketing purposes, for asserting legal claims and defense in legal disputes/proceedings, for ensuring and improving FFS's business operations, etc;

  • the processing of Data is justified by a legal obligation – Data will be processed by FFS to comply with any applicable legal requirements/its own policies. This will notably cover KCY procedures, AML/compliance procedures, fraud prevention obligations, tax reporting obligations, etc.

 

  • the processing of Data is justified by public interest – Data will be processed by FFS to perform a task carried out in the public interest;

 

  • the processing of Data is justified by your consent – Data will be processed by FFS if you have given your consent for certain purposes (notably to register to FFS's newsletter or to FFS's events, etc.).

 

3.2 Purposes

Data are processed by the Company for the following purposes ("Purposes"):

  • to negotiate and open a relationship with you, including all formalities relating to your identification and the identification of any person or entity over whom you or a third party provides information and/or of which the Company has knowledge in any other way in connection with said business relationship (a "Related person");

  • to maintain and manage our relationship with you, including communicating with you regarding FFS' new services and/or products and generally speaking to provide you with the Services;

  • to answer your requests;

  • to allow FFS to handle client management services (clients' administration, invoicing services, etc.);

  • to execute and fulfil the Company's contractual obligations with you;

  • to comply with legal and regulatory obligations to which FFS is subject, notably under regulations applicable to financial intermediaries (for instance Money Laundering regulations, fraud prevention, FATCA/automatic exchange of information, etc.);

  • to comply with the regulations relating to sanctions and embargos;

  • to reply to request from administrative, regulatory or judicial authority;

  • to comply with the regulation regarding the prevention and elucidation of criminal offenses, risk management, exercise of rights and defense in litigation, consultation and exchange of information with information desks, computer security, safety of buildings and facilities;

  • to analyze and improve the use of FFS' website;

  • to allow the Company to proceed to marketing services (newsletters, event invitations, etc.).

 

4. What Data we process

4.1 Types of Data

When relevant, the Company collects the following Data:

  • information relating to your identification - name, surname, title, date of birth, nationality, profession, education, qualification, information on your marital status, family members/relatives, information on affiliated persons, address, etc.;

  • information relating to your identification issued by public authorities and other registers - identity cards, passports, certificate of incorporation, articles of association, share registers, etc;

  • information relating to your professional activities - information relating to your companies (shareholdings, directorship, mandates, etc.), your employment, etc.;

  • information relating to your financial background - identification number and bank account numbers, financial assets, financial transactions, wealth, incomes and earnings, beneficial ownership, risk profile, your knowledge and experience in investment matters, your tax domicile, tax identification number, other tax-related documents and information, etc;

  • information relating to your communication and electronic identification data (personal and business) - telephone number, e-mail address, etc.;

  • information relating to your relation with the Company - details of your visits to FFS' premises, details of your contacts/meetings with FFS, etc.

 

4.2 Data collected from the Subjects

The Company processes Data provided directly by the Subject. The latter may choose not to provide the Company with certain information; this decision may have the effect of depriving the Subject of Services or features offered in connection with the Services. FFS may end up being not able to enter into a contract with you or to provide you with the Services.

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4.3 Data collected from third parties

The Company may also process Data collected from third parties such as banks, administrators of private equity vehicles, lawyers, other financial intermediaries, judicial or arbitral courts, agencies and authorities, publicly accessible sources (such as commercial registers, land registers, debt collection registers, list of international sanctions, Bloomberg, World-Check, FACTIVA or LexisNexis), etc. Data collected from third parties are treated in the same way as Data collected directly from the Subjects.

 

4.4 Data concerning third parties/Related persons

You can share with the Company Data regarding third parties/Related persons (your employees, your colleagues, your family, the ultimate beneficial owner, etc.). If you provide us with Data about third parties/Related persons, FFS assumes that you are authorized to do so, that said Data is correct and that you have ensured that the concerned third parties/Related persons are informed of this process. You remain the sole person liable for the collection of such Data and its legality.

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5. How we process and protect Data

The Company takes appropriate organizational and technical measures, policies and processes at all times to protect the Data from any destruction, damage, modification, loss or unauthorized access, both electronically and physically.

Access to FFS' premises is controlled. Data are stored on the Company's cloud/servers which are based in Switzerland and European Union, access to which is strictly limited to persons duly authorized by the Company. Electronic data collections are protected by logins/passwords/firewalls. The Company has taken the appropriate technical and organizational precautions to ensure that its servers are accessible exclusively to duly authorized persons, as well as special precautions with regard to the protection of its technical environment.

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6. How long we process Data

The Company stores Data for as long as it is necessary for the fulfilment of the Purposes for which it was collected, for as long as there is a legal obligation to store Data or for as long as it has an overriding private or public interest to do so.

FFS will delete or anonymize Data as soon as they are no longer necessary to achieve the Purposes, subject however (i) to legal or regulatory requirements applicable to the data retention for a longer period of time, or (ii) to ascertain, exercise and/or defend actual or potential rights in legal proceedings, investigations or similar proceedings, including legal holds that the Company might impose to preserve relevant information.

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7. How we communicate Data

As necessary or appropriate to provide the Services or to fulfill the Purposes or to comply with any legal/statutory/regulatory requirement or as authorized by you, FFS may communicate the Data to the following recipients:

  • employees of the Company;

  • subsidiaries or sister/mother companies of the Company;

  • contractual partners to the extent that it is required by the contract between FFS and you/the Services (for instance custodian banks, fund management companies, financial institutions, transaction parties, business partners, etc.);

  • external service providers, such as IT and communication providers, compliance services providers, etc.;

  • other involved parties (such as legal representatives, insurance companies, holder of a power of attorney, etc.);

  • competent authorities, such as courts, supervisory authority, tax authority, etc. provided that it is necessary to provide the Services/that FFS is obliged or entitled to transmit the Data;

  • accountants and auditors.

 

8. How we communicate Data abroad

FFS can transfer Data to countries that offer adequate protection as per FADP and GDPR. This is notably the case for members states of the EEA, the United Kingdom and Israel, where FFS has sister companies.

FFS can also transfer Data to countries that do not offer adequate protection as per FADP and GDPR. This is notably the case for Brazil, where FFS has a sister company. To the extent that such countries do not offer adequate protection, FFS may only transfer Data provided that the transfer is secured by appropriate safeguards, such as international treaties, specific agreements communicated in advance to the Swiss Federal Data Protection Commissioner ("FDPIC") for the purposes of the transmission of the Data in question, or standard clauses approved by the FDPIC.

In lack of appropriate safeguards, FFS can only transfer Data provided that it is based on a legal exemption (for instance the transfer is necessary for the conclusion or performance of a contract between the Company and its client; you have given your express consent to the transfer; the transfer is necessary for the exercise/enforcement of legal claims before a foreign authority; the transfer is necessary for the fulfillment of a legal obligation; you have made the Data generally accessible and did not expressly prohibit its process).

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9. Your rights

In accordance with the applicable regulations, you may exercise the following rights:

  • right to information – you can ask FFS if it processes Data;

 

  • right to access Data – you can ask FFS to provide you with a copy of the Data it processes;

  • right to request the rectification of Data – you can ask FFS to correct the Data if it is inaccurate;

 

  • right to request the deletion of Data - you can ask FFS to delete the Data, subject to the Company being under a legal obligation to retain the Data or subject to FFS having a legitimate interest to retain the Data;

 

  • right to request a limitation of the processing of Data – you can ask FFS to temporally restrict or to limit the processing of the Data, subject to any potential applicable legal provisions;

 

  • right to request a prohibition on the processing of Data – you can ask FFS to stop the process of the Data, subject to any potential applicable legal provisions;

 

  • right to withdraw your consent to the processing of Data – you can inform FFS that you revoke your consent, to the extent that you have given said consent to any specific purpose of processing the Data. Upon receipt of your withdrawal, the Company will cease processing the Data, unless there are other grounds for such process. The withdrawal of your consent will not affect the lawfulness of any processing of Data carried out before said withdrawal/carried out based on another grounds. The withdrawal of your consent might however result in the Company no longer being able to provide the Services to the Subject.

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The exercise of any right set forth in Article 9 shall be carried out as per the modalities provided for in Article 10 below. It may be refused or limited for legal reasons or based on the applicable data protection law. FFS may therefore retain or continue to process Data despite your request to delete Data and/or to stop the processing of Data. FFS will inform you of the reasons for such refusal/restriction to the extent permitted by law.

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10. Communication

If you have any questions about the Privacy Notice or the Company's processing of Data, a detailed message can be sent to info@fortunefs.ch. FFS will answer it as soon as possible and free of charge.

If we are unable to assist you, if you are not satisfied with our answer or if you believe that our processing of the Data is in contradiction with the applicable legal provisions, you can contact the Swiss Federal Data Protection and Information Officer and/or any competent EU supervisory authority if applicable based on your place of residence.

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11.Amendments

The Privacy Notice does not form part of any contract/contractual relation between you and FFS and your consent to the Privacy Notice is not required. We may revise it unilaterally at any time without prior notice. The current version of the Privacy Notice available on the FFS website https://www.fortunefs.ch/data-privacy-notice shall apply. It is therefore recommended to consult the Privacy Notice regularly.

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