Privacy policy

1. General

1.1 Data protection is an important concern for us. For this reason, we would like to inform you in this data protection statement about the collection, processing, and use of personal data (collectively "data use") in the context of the use of our website (" Internet site", "website") and our other online services (collectively, the "digital services") and the wealth management services we offer ("financial services"). Personal data is any information relating to an identified or identifiable natural person. We may amend the terms of this privacy policy from time to time. For this reason, we recommend that you review this Privacy Policy regularly.

1.2 Smart Wealth Asset Management AG, with its registered office at Bellerivestrasse 18 in 8008 Zurich ("SmartWealth"), is the service provider and responsible within the meaning of the EU General Data Protection Regulation (EU-DSGVO), national data protection laws, and other data protection regulations. You can contact us by telephone at +41 43 549 55 85 or by e-mail at support@smartwealth.ch.

1.3 The data protection responsibility for our presence in social networks and for linked external content does not lie with us, but with the operator of the corresponding social network or the service providers of the corresponding linked website.

2. Processing of personal data, disclosure to third parties, and the storage period

2.1 SmartWealth processes personal data only if

2.1.1 consent has been given by the data subject (Art. 6 para. 1 lit. a EU-DSGVO);

2.1.2 it is necessary for the performance of a contract (or implementation of pre-contractual measures) to which the data subject is a party (Art. 6 para. 1 lit. b EU-DSGVO);

2.1.3 it is necessary for the performance of a legal obligation to which our company is subject; (Art. 6 para. 1 lit. c EU-DSGVO); and/or

2.1.4 it is necessary for the protection of a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, (Art. 6 para. 1 lit. f EU-DSGVO).

2.2 SmartWealth will share your data with affiliated companies, external service providers or other third parties to the extent disclosed in this privacy policy. These third parties have been selected by us with due diligence and, if they are commissioned data processors, have been commissioned with data processing accordingly. The processors are used by us on the basis of corresponding contractual agreements and within the framework of the legal requirements. Data may also be transferred to a third country outside Switzerland/EU/EEA (e.g. USA). Such data transfer will only take place on the basis of an adequacy decision (Art. 45 EU GDPR) and/or subject to appropriate safeguards (Art. 46 EU GDPR).

2.3 The personal data of the data subject shall be deleted or blocked at regular intervals after the purpose of the storage ceases to apply. If storage or recording obligations are provided due to relevant national or European laws or other regulations, the personal data will be stored for the prescribed period and then deleted.

3. Rights of the data subject

3.1 SmartWealth processes personal data of you, therefore you are a data subject within the meaning of the EU GDPR. You are therefore entitled to rights, which SmartWealth will explain to you in more detail below:

3.1.1  You have the possibility to request information about the data stored about you, its origin, recipients or categories of recipients to whom the data is passed on, as well as the purpose of the storage (right to information).

3.1.2  You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you is inaccurate or incomplete (right of rectification).

3.1.3  You may request us to erase the personal data relating to you without undue delay. However, there is no right to deletion insofar as legal, supervisory or other sovereign retention obligations conflict with this (right to deletion).

3.1.4  You may, under certain conditions (disputed accuracy, unlawful processing, cessation of the purpose of processing or lodging an objection), request the restriction of the processing of personal data relating to you (right to restriction of processing).

3.1.5  You have the right to receive the personal data concerning you that you have provided to us in a structured, common, and machine-readable format (right to data portability).

3.1.6  You have the right to object to the processing of personal data relating to you at any time on grounds relating to your particular situation (right to object).

3.2 SmartWealth will be happy to answer any questions you may have by e-mail to datenschutz@smartwealth.ch, by telephone on +41 43 549 55 85, or in writing to Smart Wealth Asset Management AG, Bellerivestrasse 18, 8008 Zurich. Please note that you can exercise the aforementioned rights as an affected person under "Personal data" on our website.

4. Provision of the digital offer and creation of log files

4.1 Each time our digital offer is accessed, our system automatically collects data and information from the computer system of the calling end device (so-called log files). In the case of the use of your browser, this includes the browser type and version, the operating system, the IP address, and the time of the server query. The data is stored in our IT systems and transmitted to Amazon Web Services Inc. ("AWS"). AWS is an order processor of SmartWealth.

4.2 The processing of the data in log files takes place in order to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. The legal basis for the temporary storage of the data and the log files in the customer area is Art. 6 para. 1 lit. b EU-DSGVO (fulfillment of a contract (or implementation of pre-contractual measures)), for the use of the digital offer this is Art. 6 para. 1 lit. f EU-DSGVO (protection of a legitimate interest).

4.3 If you are logged into the customer area, the data will be deleted after the expiry of the regulatory retention obligations. When using the digital offer, the data is automatically deleted every seven days.

4.4 The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility for the user to object.

5. Use of cookies in general

5.1 When using the digital offer of SmartWealth, text files are used which are stored on your hard drive and through which SmartWealth or contract processors of SmartWealth receive certain information (collectively "cookies"). This information is stored in the browser and varies according to use. Each cookie contains a characteristic string of characters that enables the user to be uniquely identified when the website is called up again. Most of the cookies used by SmartWealth are automatically deleted from your hard drive at the end of the browser session. In addition, SmartWealth also uses cookies that remain on your hard drive. When you visit the website again, the system automatically recognizes that you have already been to the Smart Wealth website and which entries and settings you prefer. These cookies are stored on your hard drive and delete themselves after a certain period of time.

5.2 Cookies are stored on the user's computer and from there the information is transmitted to the SmartWealth website. Therefore, you as the user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. If cookies are deactivated for the SmartWealth website, it may no longer be possible to use all the functions of the website to their full extent.

5.3 When the SmartWealth website is called up, an interface appears which asks each visitor to give their consent to the use of cookies and allows them to make individual data protection settings. This tool also allows you to exercise your right to object at any time by deactivating the relevant cookies.

5.4 SmartWealth uses both its own cookies and third-party cookies. You can control the use of both types of cookies via the tool. In the following, Smart Wealth informs you about the processing of personal data in connection with cookies.

6. Own cookies

6.1 SmartWealth uses technically necessary cookies. These are used to improve the user-friendliness and functionality of the registration process and the website. The use of proprietary cookies is a necessary measure for SmartWealth to provide you with our digital content appropriately.

6.2 Some elements of the SmartWealth website require that the calling browser can be identified even after a page change. Furthermore, SmartWealth wants to make the registration process easier and as pleasant as possible for you by storing your data. The following data is stored and transmitted in the cookies: The last status of the registration process, selection of language, selected settings of our website, and selection of portfolio/investment strategy. In addition, SmartWealth uses cookies that identify and store system errors when using the SmartWealth website. The data is stored in Smart Wealth IT systems and transmitted to AWS. AWS is a processor of SmartWealth. Processors are used by SmartWealth on the basis of corresponding contractual agreements and within the framework of legal requirements.

6.3 The purpose of using our own cookies is to ensure the functionality of the website or our service. The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. b EU-DSGVO (fulfillment of a contract (or implementation of pre-contractual measures)).

6.4 The data is deleted automatically every six months.

6.5 The collection of data for the provision and functionality of the website is mandatory. Consequently, there is no possibility for the user to object.

7. Third-party cookies

7.1   Website analysis services

7.1.1  SmartWealth uses Google Analytics, Google Optimize, Google Firebase or Crashlytics, and Google Tag Manager to evaluate the use of our offer, combined web or app analysis services from Google LLC ("Google"), the analysis service Twitter Analytics from Twitter Inc. ("Twitter Analytics") and the web analytics service of Hotjar Ltd. ("Hotjar"). These analytics services use cookies that record your visit to and use of the SmartWealth website. The following data, among others, is stored and transmitted in the cookies: IP address, usage data, survey responses when using a SmartWealth survey.

7.1.2  The purpose of the use of these cookies is to analyze the user behavior of the digital offer and to optimize our service and our digital offer by means of the insights and feedback gained here. The legal basis for the transmission of the data is Art. 6 para. 1 lit. an EU-DSGVO (consent of the data subject).

7.1.3  The data is deleted automatically every six months.

7.1.4  The collection and storage of data for the analysis and optimization of the digital offer can be revoked at any time. The user has the option to object via the tool on the SmartWealth website.

7.2   Advertising and marketing services

7.2.1  SmartWealth places advertisements via various channels. Within the framework of the use of Google Analytics in combination with Google Adwords as well as Double Click of Google LLC ("Google"), Bing ads of Microsoft Inc. ("Bing ads") and the networks dianomi Ltd. ("dianomi") and Outbrain Inc. ("Outbrain") we place ads on the Internet. SmartWealth ads are displayed on websites by third-party providers, including Google and Bing. Cookies are used for this purpose, which stores personal data (IP address as well as usage data). This allows targeted ad targeting, optimization, and placement based on your previous visits to our website.

7.2.2 In addition, SmartWealth uses advertising services of the social networks Facebook Inc, Instagram Inc, LinkedIn Inc, and Twitter Inc. ("social networks"), in particular, the "Custom Audiences" product. If you have provided us with your e-mail address and given your consent for your e-mail address to be used for "Custom Audiences", a checksum (hash value) is generated from personal data and usage data which is transmitted to the social networks ("Custom Audiences from your Customer List"). If you are a visitor to the SmartWealth website and have clicked on SmartWealth advertising on one of the social networks, a cookie may be addressed which transmits your IP address and usage data to the social networks ("Custom Audiences from your Website").

7.2.3  Furthermore, SmartWealth advertises its webinars and events ("information events") on the aforementioned social networks. In this context, so-called "lead cards" are created. These lead cards contain details of the information events and are displayed to selected users who are logged into the social network. If you have registered for one of the SmartWealth information events via a lead card, we will receive your e-mail address. This will be entered into our social network via the service Zapier Inc. ("Zapier") into our customer management system (CRM).

7.2.4 SmartWealth also uses the services of its sales partners affilinet GmbH ("affilinet") and financeAds International GmbH ("financeAds"). SmartWealth Advertisements are displayed on partner websites of the networks (third-party providers). Cookies are used for this purpose, which assigns a pseudonymized user ID to the user when an advertisement is called upon the basis of, among other things, the type and time of the clicked advertisement. SmartWealth can then use the stored data to determine whether the user has subscribed to SmartWealth's newsletter or has become a SmartWealth customer.

7.2.5 The technology used enables SmartWealth to present you with interest-based advertising and to market our service in a more targeted manner. This data is not used to identify you personally but is used solely for a pseudonymous evaluation of usage behavior and to display targeted advertising. At no time will the data be merged with the data stored by SmartWealth. The legal basis for the transmission of the data is Art. 6 para. 1 lit. a EU-DSGVO (consent of the data subject). If you have registered for one of the SmartWealth information events via a social network, your data will be stored on the basis of Art. 6 para. 1 lit. b EU-DSGVO (fulfillment of a contract (or implementation of pre-contractual measures)) and Art. 6 para. 1 lit. f EU-DSGVO (protection of a legitimate interest).

7.2.6  The data stored on the basis of Art. 6 para. 1 lit. a EU-DSGVO will be deleted automatically every six months. The data stored on the basis of Art. 6 para. 1 lit. b EU-DSGVO (fulfillment of a contract (or implementation of pre-contractual measures)) as well as Art. 6 para. 1 lit. f EU-DSGVO (protection of a legitimate interest) will be deleted after the expiry of the regulatory retention obligations.

7.2.7   The collection and storage of data for the purpose of advertising can be revoked at any time. The user has the option to object to the use of cookies via the tool on the SmartWealth website and to the use of your e-mail address via the "Unsubscribe" link.

8. Fan pages and social media plugins

8.1 SmartWealth operates so-called fan pages on the platforms of various social networks (Facebook, LinkedIn, Xing, YouTube, Instagram, and Twitter). Social plugins on our website take you to the respective presences (fan pages) of Smart Wealth AG on social networks. When you click on these plugins, SmartWealth may collect personal data from the respective social network as described below. When you call up such a plugin, the social network establishes a direct connection with your browser. As a result, the social network receives, among other things, the information that you have visited this website with your IP address/device ID. This takes place regardless of whether you are currently logged in to the social network or registered at all. If you are logged into the respective social network at the same time, the social network automatically assigns your page view to your profile. If you do not wish the social network to assign your visit to the SmartWealth website to your respective user account, please log out of the respective network when using our digital offer.

8.2 SmartWealth would like to point out that the data collected in connection with the fan pages and plugins is exchanged exclusively between your browser and the operator of the social networks. SmartWealth has no knowledge of the content of the data collected and transmitted. Against this background, SmartWealth recommends that you read the respective current data protection declarations of the operators of the social networks.

9. Webinars and information meetings

9.1 Your data will be stored or transmitted for the purpose of conducting webinars, events, and information sessions. In the course of conducting webinars, SmartWealth uses the GoToWebinar webinar software from LogMeIn, Inc. ("GoToWebinar"). To conduct face-to-face information sessions, we optionally provide our clients with the use of the booking service of Calendly LLC. ("Callendly") is available to our customers. For the registration and execution of webinars, the name, as well as the e-mail address of the user, is stored in SmartWealth's IT system. After the webinar has been held, SmartWealth receives information from GoToWebinar as to whether a user has attended the webinar, the registration date, the user's registration time, and the duration of participation. SmartWealth requires your telephone number to arrange an information meeting via the Calendly service. When using GoToWebinar, the service Zapier Inc. ("Zapier") is used, which is used by SmartWealth to import the data from GoToWebinar into SmartWealth's client management system (CRM).

9.2 The technology used enables SmartWealth to hold information events for interested parties and potential clients. SmartWealth needs this data to verify you for the events and webinars or to call you at your preferred time for an information meeting. In addition, the data is used to keep in touch with you personally via the SmartWealth newsletter. You can unsubscribe from the newsletter at any time. The legal basis for the transmission of the data is Art. 6 para. 1 lit. b EU-DSGVO (fulfilment of a contract (or implementation of pre-contractual measures)) and Art. 6 para. 1 lit. f EU-DSGVO (protection of a legitimate interest).

9.3 The data is deleted automatically every six months.

9.4 The collection of data takes place on a voluntary basis when registering for the aforementioned events or booking a callback for an informational interview and is necessary in order to carry out the events or interviews. Consequently, there is no possibility for the user to object.

10. Newsletter, other notifications and tracking

10.1 Where you have provided SmartWealth with your email address for newsletters, SmartWealth will send you our newsletter and other notifications (collectively "Notifications") by email on a regular basis. SmartWealth uses a CRM service to send Notifications. The data you provide when registering to receive the Notifications will be transferred to the CRM service and stored there. If you have registered for the press newsletter, you will receive an e-mail from our CRM service to confirm your registration. Our CRM service offers its own extensive analysis options on the use of the notifications ("tracking"). These analyses are group-related and are not used by us for individual evaluation.

10.2 The data is stored in the CRM service in order to send you our newsletter and other notifications. The legal basis for the storage of your email address is Art. 6 para. 1 lit. b EU-DSGVO (fulfilment of a contract (or implementation of pre-contractual measures)) as well as Art. 6 para. 1 lit. f EU-DSGVO (protection of a legitimate interest). For tracking your use of the notifications, we require your consent in accordance with Art. 6 para. 1 lit. a EU-DSGVO.

10.3 The data will be deleted after the expiry of the regulatory retention obligations.

10.4 The collection, as well as the storage of the data for the subscription to the newsletter, can be revoked at any time via the link "Unsubscribe". Unsubscribing from tracking is done via the tool on the SmartWealth website.

11. Processing of customer inquiries

11.1 You can contact SmartWealth via the service hotline, the contact form, chat and e-mail. When using our service hotline, we use the services of Sipgate GmbH ("Sipgate") or Aircall.io, Inc. ("Aircall"). Your telephone number, as well as the date and duration of the call, are stored. In addition to the service hotline, it is also possible to contact SmartWealth via our contact form, chat or e-mail. When sending the contact form or an e-mail, you transmit your name, e-mail address and the content of your personal message to SmartWealth. When you use the chat, the chat log and your usage data are stored. The data is stored in our customer management system as well as in our e-mail system. This data and the content of your message will not be used for any purpose other than responding to your contact, i.e. you will not receive any further messages from SmartWealth other than responding to your inquiry.

11.2 SmartWealth stores the data due to ensuring functioning customer relationship management as well as due to legal requirements. The legal basis for storing the data is Art. 6 para. 1 lit. b EU-DSGVO (fulfilment of a contract (or implementation of pre-contractual measures)) as well as Art. 6 para. 1 lit. c EU-DSGVO (fulfilment of a legal obligation).

11.3 The data will be deleted after the expiry of the regulatory retention obligations.

11.4 The collection of the data is mandatory for the service provided by SmartWealth. Consequently, there is no possibility for the user to object.

12. Surveys and feedback

12.1 SmartWealth uses the service Typeform S.L. ("Typeform") to conduct surveys on new functions for the SmartWealth service and to obtain feedback. ("Typeform"). If you participate in a survey conducted on our website, your information will be transmitted to Typeform. Depending on the type and scope of the survey, your e-mail address, your answers, the date and the identification data of the terminal device are transmitted.

12.2 The data is stored in order to obtain feedback for the SmartWealth service as well as to strengthen customer relations. The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. f EU-DSGVO (protection of a legitimate interest).

12.3 The data will be deleted after the expiry of the regulatory retention obligations.

12.4 Data is collected on a voluntary basis when using the survey. Consequently, there is no possibility of objection on the part of the user.

13. Representation of the website

13.1 SmartWealth uses so-called web fonts for the uniform display of fonts on its website, which are provided by Adobe Typekit, Adobe Inc. ("Adobe") for the uniform display of fonts on its website. When you access the SmartWealth website, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. SmartWealth also uses Google Maps to display geographical information in our digital offering in a visually appealing way. Google Maps is a mapping service provided by Google LLC ("Google Maps").

13.2 For this purpose, the browser you use must connect to the servers of the aforementioned services. In this way, the services become aware that the SmartWealth website has been accessed via your IP address. The use of web fonts and the aforementioned map services is in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 (1) lit. f EU-DSGVO.

13.3 The data is automatically deleted every six months.

13.4 The collection and storage of data in the context of the use of the website can be revoked at any time. The user has the option to object via the tool on the SmartWealth website.

14. Use of the financial services of SmartWealth

14.1 In addition to the purely informative use of the digital offer of SmartWealth, you can also use the financial services of SmartWealth. To do so, you must register and create a user account ("registration"). This requires you to provide data. On the one hand, SmartWealth requires information about your knowledge and experience with regard to financial instruments/securities services, investment objectives and about your financial circumstances in order to be able to recommend a suitable investment strategy to you. Secondly, SmartWealth requires personal information as well as contact details, reference account and tax information. Finally, SmartWealth collects a copy of the client's identification document and a photograph as part of the identification process. Where additional voluntary information is possible, this is marked accordingly.

14.2 In addition to the purely informative use of the digital offer of SmartWealth, you can also use the financial services of SmartWealth. To do so, you must register and create a user account ("registration"). This requires you to provide data. On the one hand, SmartWealth requires information about your knowledge and experience with regard to financial instruments/securities services, investment objectives and about your financial circumstances in order to be able to recommend a suitable investment strategy to you. Secondly, SmartWealth requires personal information as well as contact details, reference account and tax information. Finally, SmartWealth collects a copy of the client's identification document and a photograph as part of the identification process. Where additional voluntary information is possible, this is marked accordingly.

14.3 SmartWealth will delete your data after the complete termination and settlement of the legal relationship with you, but at the earliest after the expiry of the statutory, regulatory or other sovereign retention periods. If you do not complete your registration within six months (and therefore do not become a client), SmartWealth will delete your data.

14.4 The purpose of processing the aforementioned data is to identify SmartWealth clients in accordance with legal requirements, to carry out the statutory suitability check and to enable the conditions for the provision of our financial service in general. The legal basis for the processing of the data is Art. 6 para. 1 lit. b EU-DSGVO (fulfilment of a contract (or implementation of pre-contractual measures)) as well as Art. 6 para. 1 lit. c EU-DSGVO (fulfilment of a legal obligation).

14.5 The collection of this data is absolutely necessary for the service provided by SmartWealth. Consequently, there is no possibility for the user to object.

15. Automated decision making

15.1 SmartWealth will determine an investment strategy suitable for you as a client. This is done on the basis of the information you provide about your investment objectives (including risk tolerance), the financial situation in terms of risk-bearing capacity, and knowledge and experience in terms of understanding risk.

15.2 This determination is based on a consultation that has been carried out or on automated decision-making that is both necessary for the conclusion or performance of the contract between you and SmartWealth and permitted by European legislation (and such legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject).

Status: 10 October 2023