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Data Privacy Policy for electronic services

Last updated: February, 2024

Introduction

Kuoni Mueller & Partner AG (“KM&P”, “we” or “us”) welcomes you to its website, mobile applications and other services provided via electronic means (together referred to as “Electronic Services”).

We take data protection seriously. This page explains how we treat your personal data (“Data”) in connection with your use of our Electronic Services (“Privacy Policy”). Please be informed that we can amend this Privacy Policy from time to time. The applicable version is always the current one, as referenced above (last updated).

For information on how Kuoni Mueller & Partner processes the personal data of former, current and potential clients, please refer to the relevant "Client Privacy Policy".

Purpose and scope of the privacy policy

This Privacy Policy explains the types of Data we process when using our Electronic Services, the purpose for which we process it, how we process it, whom we may disclose it to and the security measures we have put in place to protect it. This Privacy Policy applies to all Data we obtain through your use of our Electronic Services. It does not apply to Data we obtain through other channels nor to Electronic Services of third parties (“Third-party Electronic Services”), even if you access them via a link in our Electronic Services or even if they are necessary for the operation of our Electronic Services. We have no influence on the content or privacy policy of Third-party Electronic Services and therefore cannot assume any responsibility for them.

Types of Data being processed

When you use our Electronic Services, details of your usage may be automatically registered by our backend systems (such as your IP address, internet browser, http-header user agent, device-specific information (computer accessing the Data), the name of the page and the content you accessed, including time and date of access, the number of transmitted data, status report of successful access, ID number of the browsing session, usage and user interaction, and the redirecting website from which you came to our Electronic Services

Purpose and legal grounds of processing

We process the Data for the following purposes:

  • Performing requests by users (e.g. administer requests made by the contacts);
  • Providing Electronic Services e.g. enabling registering of the user on the website, respond to your feedback and issues;
  • Administration, research and development of the website and their operative functions with Electronic Services, including solving technical problems, statistical analysis, tests and research;
  • Marketing and advertising measures (e.g. newsletters via e-mail, online advertising);
  • Avoiding fraudulent activities or abuse on the website or connected to the website, safeguarding of IT security and IT operations;
  • Enabling employment application processes;
  • Compliance and risk management, prevention and investigation of criminal acts, assertion of legal claims and defence in legal disputes.

The legal grounds of processing Data are the following:

  • Legitimate interests of KM&P or of third parties;
  • Your consent (insofar as the processing is based on a specific request for consent, e.g. the receipt of newsletters for which you have registered for);
  • Fulfilment of contractual obligations and take steps prior to entering into a contract;
  • Statutory requirements.

We process all your Data in accordance with the applicable laws on data protection for as long as required.

Data disclosure and transfer

We may transmit Data with our Group companies (such as Julius Baer Group Companies), to agents or service providers, business partners, agencies, authorities or courts inside or outside Switzerland. The aforementioned persons and entities must ensure compliance with applicable data protection laws.

We may transfer your Data to countries outside Switzerland for providing Electronic Services, if you have given your consent (e.g. in your agreements with us or via privacy settings) or if based on a statutory requirement, authority request, or similar process as required by applicable law.

In most cases, your Data may be transferred to countries in which the Julius Baer Group is represented. You will find a corresponding overview at www.juliusbaer.com/en/about-us/our-locations. Your data may also be transferred to countries in which the Julius Baer Group is not represented (e.g. for providing Electronic Services). Yet, Julius Baer Group might transfer your Data worldwide to make use of third party providers in other countries including EU/EEA member states and other countries with an adequate level of data protection as specified by Switzerland and the EU Commission, or other jurisdictions around the world. The specific countries where the recipients of your Data are located may vary as they correspond with the applicable purpose(s) defined in this policy. Recipients of Data may potentially forward the information to their branches or group entities, service providers or authorities within and/or outside of their jurisdiction. We may also transfer Data based on the exception of your consent, of the determination, assertion or enforcement of legal claims, or to protect the physical integrity of a data subject Individual countries to which KM&P transfers your Data may potentially not have laws that afford the same degree of protection to personal data as in Switzerland or the EU.

In these cases, KM&P will generally ensure an adequate level of data protection, for example by concluding data transfer agreements with the recipients of your Data in these countries. These include agreements that have been approved by the European Commission and the Swiss Federal Data Protection and Information Commissioner (FDPIC), known as standard contractual clauses.
 
By way of exception, your Data may also be transferred to countries without an adequate level of data protection in other cases, e.g. based on your consent, in connection with legal proceedings abroad, or if the transfer is required in order to conclude or execute a contract.

In accordance with applicable legal and regulatory obligations, KM&P may be required to disclose Data to supervisory authorities, judicial authorities, or other persons of authority.

Data storing

We store Data for the time necessary to reach the purposes for which the Data has been collected and processed, including relevant retention periods if necessary according to the applicable laws and regulation (e.g. in keeping accounting records).

Transmission of Data via open network

In the event that you use our Electronic Services via an open network, KM&P draws your attention to the fact that third parties (e.g. app stores, network providers or the manufacturer of your device) may access and process your Data regardless of their location. Open networks are not under our control and therefore cannot be considered a secure environment. It cannot be guaranteed that Data transmitted via such an open network is secure or error-free, as it may be intercepted, altered, damaged or destroyed or lost, arrive late or incomplete, contain viruses or be monitored. In particular, Data transmitted via an open network - even if the sender and recipient are located in the same country - may leave the respective country and be transmitted to and processed in a third country in which less stringent data protection regulations apply than in the country in which you are currently located. If data is transmitted via an open network, we cannot be held liable for its protection. Accordingly, we accept no responsibility or liability for the security of your Data during such transmission. We therefore recommend that you do not transmit highly confidential information over open networks. Where appropriate, you may communicate with us by other means.

Profiling and automated decision making

We may process your Data automatically in certain areas with the aim of evaluating certain personal criteria. KM&P may use your Data for profiling. Profiling is any type of automated processing of Data. This consists of using the Data to evaluate certain personal aspects relating to you, in particular to analyse or predict aspects concerning the economic situation, personal preferences, interests, reliability, behaviour, and location or change of location. KM&P may use, process, and combine publicly available data as well as third-party data about you for this purpose. Profiling may take place, for example, in the following cases:

  • to comply with the legal and regulatory obligations of KM&P, Group companies, or Service Providers and agents engaged by KM&P;
  • to check the client relationship regarding compliance with applicable laws and regulation;
  • in order for KM&P to use assessment tools to provide you with relevant and appropriate information on its products and services. This enables it to carry out demand­based communication and advertising, including market and opinion research.

Use of cookies

In order to improve searches of our website, we use cookies. Cookies are small text documents which usually consist of letters and numbers which are stored by the web-browser of users on their PC and contain pseudonymised Data. Cookies enable a website to recognize the computer of the user and their browsing behaviour to identify users who return to the website. There are cookies for technical, analytical, and profiling purposes.

We use the following three types of cookies:

  • Functional Cookies: These cookies are required for the basic functions of this website. They make it easier for you to access content on this website. Among other things, we use these cookies to store your domicile and language settings. Functional cookies cannot be deactivated.
  • Analytics Cookies:These cookies enable us to analyse and improve the preferences and user behaviour on our website. This enables us to deliver a user experience based on your needs.
  • Marketing Cookies: We use these cookies to display advertisements tailored to your interests, both inside and outside our website.

We inform users that they can deactivate or remove cookies in their web browser (e.g. Internet Explorer, Mozilla Firefox, Safari).

To learn more about how we use cookies, please see our "Cookie Declaration" below.

Web analysis tools and social media plugins

We use third-party analysis tools such as Google Analytics for the purpose of monitoring Electronic Services. This involves the use of cookies to help analyse how users use our Electronic Services. This usage data includes:

  • Host name of the accessing electronic device (masked IP address);
  • Type/version of browser used;
  • Referrer URL (website from which visitors are redirected to the Electronic Services by clicking a link);
  • Date and time of server request;
  • Device-specific information.

We may use so-called social plug-ins which are provided by the largest social media networks (e.g. facebook, twitter). Plug-ins can be recognised by their social network logos. When visiting the website, browsing-data can be directly transferred to the related social network, even without direct interaction by the user. The user confirms and agrees that the social network plug-ins are directly administered by the company which provided the related plug-in. If users use the plug-ins over the website (e.g. by logging into a social media network with their credentials or connecting with their accounts), it means they have clicked on the button (e.g. “like” or “share” on facebook) and connected with the server of the related social media network which then transfers the content of the plug-in directly to the browser of the user.

In accordance with the terms of condition and data protection declarations, we can receive the data of the related social media network and can add to the Data of users which have already been collected by our own services. If the users decide to share information on social media networks, they are also transferring data e.g. about their preferences, to us. In order to avoid that social media networks collect your Data, please check the relevant conditions on the website of the social media network.

Links

This website may contain links to Third-party Electronic Services that are not operated or monitored by us. Please be aware that such Third-party Electronic Services are not bound by this Privacy Policy and that we are not responsible for their content or their principles regarding the handling of Data. We therefore recommend consulting and checking the individual privacy policies or terms of use of Third-party Electronic Services.

Data subjects rights

According to the applicable data protection laws and regulations, you may have the right to request:

  • Information on Data that we hold about you;
  • Your Data in a generally useable, machine-readable, and standardised format (Data Portability);
  • Rectification of your incorrect Data;
  • Your Data to be deleted if we are not permitted or not legally obliged to retain the Data;
  • Restrict processing of your Data;
  • Object the processing of your Data.

Furthermore, you may have the right to lodge a complaint with a competent data privacy regulatory authority. 

In order to be able to exercise the abovementioned rights, please contact us via the coordinates as mentioned hereinafter (“Contact”).

Security meassures

We take appropriate technical and organisational security measures to ensure that your Data processed within the IT environment controlled by us is protected against unauthorised access, misuse, loss and/or destruction.

We take both, physical and electronic process-specific security measures, including firewalls, personal passwords, and encryption and authentication technologies. Our employees and approved service providers are bound to applicable confidentiality and data protection obligations.

Additionally, access to Data is made accessible to employees and third parties (e.g., service providers) on a strict “need to know”-basis.

Contact

If you have questions about the processing of your Data, please contact us by using the following contact details:

Kuoni Mueller & Partner AG
Data Protection
Schweizergasse 21
8001 Zurich
Switzerland
info@kmp.ch

Cookie declaration