This data protection/privacy policy (the “Policy”) needs to be read in conjunction with the Terms & Conditions. Capitalized terms shall have the same meaning as defined therein, unless otherwise defined in this Policy.

The Website may include External Links that are not operated or controlled by FCL. This Policy only applies to this Website and FCL is not responsible for the content or the privacy practices of third party websites.

The terms of this Policy are without prejudice to any contractual terms you may enter into with us, which will take precedence over the terms of this Policy.

01 — Data transfer

FCL  accepts no responsibility or liability for the security of your data whilst in transit via the Internet to us. In order to protect your privacy we would like to remind you that you may choose another means of communication with us, where you deem it appropriate.

02 — Processing of data

FCL does not collect personal data relating to you from the Website except when specifically and knowingly provided by you.

FCL will act as a Data Controller with respect to Personal Data provided to FCL by you. Personal Data is processed by FCL for the  purpose of carrying out services to clients and for any other specific purposes where the individual has given specific and informed consent based on an appropriate notice.

FCL will engage certain service providers to perform certain services on its behalf which may involve the Processing of Personal Data. To the extent that such Processing is undertaken based on the instructions of FCL will ensure that such relationship is governed by a Contract which includes the data protection provisions prescribed by Data Protection Law.

03 — Cookies

You acknowledge and agree to “cookies” technology being used in certain instances to provide you with information tailored to your needs. A cookie is an information file stored on a computer’s hard drive to ensure that it is recognized again on future visits to a given Website. You acknowledge that your browser can be set up to notify you about the receipt of cookies. You can withdraw your consent with regard to future use at any time by blocking the receipt of cookies in your browser settings or by unsubscribing via email at fcladviser@hk-fcl.com. Your data will not at any time be linked to the personal data recorded at FCL.

04 — Retargeting

This Website may feature retargeting technology, which would be used to make our Internet presence more interesting for you. This technology makes it possible to show advertising on other websites to users that have already shown an interest in our services or products.

05 — Email marketing

Opt-in process: In addition to one-to-one email messages from client managers or other contacts you have at FCL, you may also be subscribed to our centralized mailing lists. This will only happen if your explicit permission has been given, which will have been expressed in writing or verbally.

Opt-out process: You can unsubscribe from our mailings at any point. Every email has several options to unsubscribe at the end of the message. Alternatively, you can ask your FCL agent or send an email to fcladviser@hk-fcl.com to remove you from specific mailings.

Tracking: We may track recipient response to the mailings we send out. This data will be collected and stored securely, and may be used to compile statistics on an aggregated and individual basis. We will only use this information to improve the quality and relevance of our email communications. If you wish to opt-out from tracking, please send us an email with your opt-out from tracking request or ask your FCL agent or send an email to fcladviser@hk-fcl.com to remove you from the relevant list.

Tracking data storage: All data collected via email communications will be stored in accordance with applicable legal and regulatory requirements.

06 — Data Security

FCL undertakes to hold any Personal Data in confidence and in accordance with the Data Protection Law. Accordingly, FCL has technical and organizational measures in place to protect Personal Data from unlawful or unauthorized destruction, loss, change, disclosure, acquisition or access. Personal Data is held securely using a range of security measures including, as appropriate, physical measures such as locked filing cabinets, IT measures such as encryption, and restricted access through approvals and passwords. We will take all reasonable steps in order not to allow your personal data to be seen by any third parties other than those, which have been engaged by FCL to provide services to you. We will only disclose your data to other third parties, if compelled to do so for legal or regulatory purposes. We will not supply any information about you to anyone unless we believe it is lawful to do so. We may store data in locations other than your country of residence. In such cases FCL will endeavour to ensure that there are adequate levels of protection for your data taking into account applicable legal and regulatory requirements, including those relating to data protection.

The GDPR obliges Data Controllers to notify the Data Protection Commission and affected data subjects in the case of certain types of personal data security breaches. Any Data Breaches identified in respect of Personal Data controlled by FCL will be dealt with in accordance with Data Protection Law and FCL Breach Procedure.

07 — Your rights, further information and how to contact us

Data Protection Law provides certain rights in your favor. The rights in question are as follows:

1. the right of a data subject to receive detailed information on the processing (by virtue of the transparency obligations on the Data Controller);
2. the right of access to Personal Data;
3. the right to amend and rectify any inaccuracies in Personal Data;
4. the right to erase Personal Data (right to be forgotten);
5. the right of data portability;
6. the right to restrict processing;
7. the right to object to processing; and
8. the right to object to automated decision making, including profiling.

In order to claim one of the above rights, please ask your FCL contact or send an email to fcladviser@hk-fcl.com

08 — Data Retention

We will keep Personal Data for:

1. the duration of the contract with a client and afterwards in accordance with the FCL legal and regulatory obligations and any applicable record retention policy of FCL;
2. such period as may be deemed by us to be necessary in light of applicable statutory limitation periods; and
3. otherwise only for as long as the retention of such Personal Data is deemed necessary for the purposes for which that Personal Data are Processed (as described in this Privacy Policy).

09 — Further Information/Complaints Procedure

Further information about this Privacy Policy and/or the Processing of Personal Data by or on behalf of FCL may be made available if necessary by contacting fcladviser@hk-fcl.com

10 — Changes to the Privacy Policy

We reserve the right to amend this Policy without giving prior notification. We therefore advise you to check this page on a regular basis.

11 — Glossary

In this Privacy Policy, the terms below have the following meaning:

“Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise Processed.

“Data Controller” means the entity which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

“Data Processor” means the party that Processes Personal Data on behalf of the Data Controller.

“Data Protection Law” means the Swiss Federal Act on Data Protection (1993), the EU Data Protection Directive 95/46/EC, the EU e-Privacy Directive 2002/58/EC (as amended), and any relevant transposition of, or successor or replacement to, those laws, including the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the and any other laws which apply to FCL in relation to the Processing of Personal Data.

“Personal Data” is any information relating to a living individual which allows the identification of that individual. Personal Data can include:

a name, an identification number;

details about an individual’s location; or

any other information that is specific to that individual.

“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Process” and “Processing” are interpreted accordingly.