Data Protection Policy

1    Introduction

In this data protection policy (“Policy”), we, Diethelm Keller Management AG (hereafter "DKM", "we" or "us"), explain how we collect and otherwise process personal data. This is not an exhaustive de-scription; if necessary, other privacy policies govern other specific issues. Personal data means all in-formation relating to a specific or identifiable person.

2    Who we are 

2.1    Controller

The controller of your personal data is:
Diethelm Keller Management Ltd.
Mühlebachstrasse 20
8008 Zürich
Switzerland
E-Mail: info@diethelmkeller.com 

You are welcome to contact our data protection officer if you have any questions regarding the han-dling of your personal data: dataprivacy@diethelmkeller.com.

3    Personal data we process

Personal data we process about you includes:
•    your name and contact details (e.g. name, address, phone number or email address), information about the company you work for, your position or title and your relationship to a person, and other basic information;
•    identification and background information provided by you or collected as part of our on-boarding process;
•    financial information, for example payment-related information;
•    information provided to us by or on behalf of our clients or generated by us in the course or provid-ing services to clients;
•    information provided to us for the purposes of attending meetings, seminars and events;
•    information in relation to materials and communications we send to you electronically, e.g. your use of marketing e-mails;
•    any other information relating to you which you may provide to us.

We collect this information when you interact with us, for example when you communicate with our staff, sign up to receive information by e-mail, or participate at meetings, seminars or other events. We also collect or generate personal data in the course of providing services, and we may collect per-sonal data from other sources for example to keep your information up to date using publicly available sources. 

4    How we process your personal data

4.1    Processing purposes

We process your personal data:
•    to communicate with you; 
•    to carry out anti-money laundering, conflict and reputational checks;
•    to provide and improve our services to you and our clients, including personal data of others pro-vided to us or collected by us on behalf of our clients, for example processing identification and background information as part of our on-boarding, finance, administration and marketing pro-cesses;
•    to administer our relationship with you and with our clients;
•    to provide and improve our websites, including monitoring and evaluating its use (see sec. 8.1 be-low for additional information);
•    to promote our services, including by sending publications, alerts, updates, event invitations etc.;
•    to comply with our legal, regulatory and risk management obligations, including establishing, exer-cising or defending legal claims.

4.2    Legal basis of data processing

We regularly use the following as the legal basis for processing your personal data:
•    your consent, which you can revoke at any time 
•    the conclusion or fulfillment of a contract with you or your request thereafter in advance 
•    a weighing of interests (e.g. establishment, exercise or defence of legal claims or proceedings), which you may object to under certain circumstances
•    a legal and/or regulatory obligation (e.g. for us to retain accounting-related documents), which may also be included in the context of a weighing of interests

4.3    Security measures

We use various technical and organisational measures to help protect your personal data from unau-thorised access, use, disclosure, alteration or destruction.

5    Who we share your personal data with

We may share your personal data with trusted third parties including:
•    suppliers to whom we outsource certain support services such as translation and document re-view, including group companies;
•    IT service providers;
•    third parties engaged in the course of the services we provide to clients, with their prior consent, for example other advisory or investment firms and technology service providers, including group companies;
•    our auditors;
•    third parties involved in hosting or organising events or seminars.

For the purposes set out in this Policy and where necessary, we may share personal data with courts, tribunals, regulatory authorities, government agencies and law enforcement agencies. We may also be required to disclose your personal data to comply with legal or regulatory requirements.

6    Countries we transfer your personal data to

We may transfer your personal data to recipients abroad, including in countries that do not provide the same level of protection as Swiss law. If we disclose personal data to a country that does not offer an adequate level of data protection (e.g. USA), we require that the recipient takes appropriate measures to protect personal data, e.g. by agreeing to so-called EU standard contractual clauses (cur-rent version available here), other precautions or based on justification (e.g. fulfillment of a contract with the data subject(s) or due to a legal obligation).

7    How we retain your personal data

We process personal data for as long as it is necessary for the fulfillment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, for example for the duration of the entire business relationship and beyond that in accordance with the statutory retention and doc-umentation obligations. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against us and insofar as we are otherwise legally obligated to do so or legitimate business interests require this (e.g. for evidence and documentation purposes, for reasons of IT security). As soon as your personal data is no longer required for the above-mentioned purposes, it will generally be deleted or anonymized.

8    Use of our websites | Communication

8.1    Server-Logs

We automatically collect and store for a limited time log data and device information when you access and use our website. That information includes, among other things, details about how you use our website, IP address, access dates and times, hardware and software information, device information and similar information. We process that data on the basis that it is required for us to operate, main-tain and improve our websites

8.2    Contact

On our website you have the possibility to contact us by e-mail. In this case, the information provided in the e-mail, e.g. your e-mail address, your contact topic and your message, will be processed for the purpose of handling your request and its processing.

8.3    Cookies

We use so-called cookies on our website. Cookies are small text files that are stored on your end de-vice (laptop, tablet, smartphone or similar) with the help of the browser. They serve to make our web-site more user-friendly and effective overall and to make your visit to our website as pleasant as pos-sible. Cookies do not cause any damage to your end device. They cannot execute programs or contain viruses. 

Among others, we use so-called session cookies, which are automatically deleted when you log out or close the browser. Other cookies remain stored on your computer beyond the respective usage pro-cess and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit. If other cookies (e.g. cookies to analyze your surfing behaviour) are stored, they will be treated separately in this data protection policy.

You have the option to revoke any consent you have given or to object to the processing of your data using cookie technologies at any time. You can set your browser so that it informs you about the set-ting of cookies and you allow the acceptance of cookies for certain cases only or generally exclude them. You can also activate the automatic deletion of cookies when closing the browser. In addition, you can delete cookies that have already been set at any time via an Internet browser or other soft-ware programs.

However, please note that rejecting cookies may affect your experience of our websites. To find out more about cookies, including how to manage, reject and delete cookies, vis-it www.allaboutcookies.org.

8.4    Google Services

On our websites, we use various services of Google LLC, based in the USA, respectively if you have your habitual residence in the European Economic Area (EEA) or Switzerland, Google Ireland Limited, based in Ireland ("Google"). The processing of personal data when using "Google Maps" always takes place in the USA. We use the following Google services on our websites:
•    Google Tag Manager
•    Google Analytics
•    Google Maps

You can find more information about the individual services below.

Google uses technologies such as cookies, web storage in the browser and tracking pixels, which ena-ble an analysis of your use of our websites. The information thus generated about your use of our website may be transmitted to a Google server in the USA and stored there. 

We use tools provided by Google that Google claims can process personal data in countries where Google or Google's subcontractors maintain facilities. Google promises to ensure an adequate level of data protection by relying on the EU standard contractual clauses (see https://business.safety.google/processorterms/).

For more information about Google's processing and privacy settings, please refer to Google's privacy policy respectively privacy settings.

8.4.1 Google Tag Manager

Our websites use the Google Tag Manager. With the Google Tag Manager, website tags can be man-aged efficiently. Website tags are placeholders that are stored in the source code of the respective website, e.g. to record the integration of frequently used website elements, such as code for web ana-lytics services. Google Tag Manager does not use cookies and triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If a deactivation has been made at the domain or cookie level, this remains in place for all tracking tags that are implemented with Google Tag Manager. 

For more information, see the Google Tag Manager Terms of Service and Google’s Tag Manger Help Center.

8.4.2 Google Analytics

For the purpose of analyzing our websites and their visitors as well as for marketing and advertising purposes, we use the web analytics service Google Analytics. In this context, pseudonymized usage profiles are created and cookies are used to evaluate your use of our website, to compile reports on website activity and to provide us with other services related to website and internet usage. In doing so, the following information may be collected, among others: IP address, date and time of page view, click path, information about the browser you are using and the device you are using (device), pages visited, referrer URL (website from which you accessed our website) or location data. This information may be transmitted to third parties if required by law or if third parties process this data on our behalf. We do not combine the IP address transmitted by your browser as part of Google Analytics with other Google data.

We only use Google Analytics with IP anonymization activated. This means that your IP address is shortened by Google within the EU/EEA or Switzerland. Only in exceptional cases the full IP address will be transmitted to a Google server in the USA and shortened there. 

Google will use this information for the purpose of evaluating your use of the website, compiling re-ports on website activity for us, and providing other services relating to website activity and Internet usage. Google may also transmit this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. According to Google, under no circumstances will the IP address be associated with other data relating to the user.

You can prevent the collection and transmission of the data generated by the cookie and related to your use of our website (including your IP address) to Google and the processing of this data by Google by downloading and installing the Google Analytics Opt-out Browser Add-on. If you wish to ob-ject to interest-based advertising by Google, you can use the settings and opt-out options provided by Google.

For more information, please refer to the terms of use for Google Analytics.

8.4.3 Google Maps

Google Maps allows us to show you interactive maps directly on the website and enables you to use the map function comfortably.

By using Google Maps, information about your use of our websites (including your IP address) may be transmitted and stored. Google may store this data as usage profiles for the purposes of demand-oriented design of services, advertising as well as market research. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish this, you must log out beforehand. 

If you do not agree with this processing of your information, you have the option to deactivate the Google Maps service. To do this, you must deactivate the Java Script function in your browser. Howev-er, we would like to draw your attention to the fact that this may also affect other functions of our websites.

For more information, please refer to the terms of service for Google Maps.

9    Your Rights

You are entitled to ask for details of the personal data we hold about you and how we process it and to receive a copy of your personal data. Provided that the conditions for this are met, you also have the right to have your data rectified or deleted, to restrict the processing of that information, to object to the processing of your personal data and a right to data portability. You may also choose to with-draw your consent with effect for the future. Please note that even after you have chosen to withdraw your consent, we may continue to process your personal data to the extent required or permitted by law. You may also lodge a complaint in relation to our processing of your personal data with a local supervisory authority, in Switzerland with the Federal Data Protection and Information Commissioner.

10    Amendments

We may amend this Policy at any time without notice. The current version published on our website applies. If the statement is part of an agreement with you, we will, in the event of an update, notify you of the change by e-mail or other appropriate means.