Privacy policy

This privacy policy intends to clarify how we at Ayaltis AG (“Ayaltis”) collect and use personal data supplied through our website www.ayaltis.com, per email, face-to-face, by telephone or otherwise.

The legislation seeks to ensure that all personal data held by businesses and organisations is both accurate and suitably protected in order to ensure there is no misuse of personal data relating to an individual held by the business or organisation.

Accordingly, we endeavour to ensure that when processing your personal data, we are protecting both our and your interests by complying with the relevant legislation.

Therefore, please carefully read this privacy policy which has been included with a view to protecting your personal data as well as ensuring that we comply with the relevant legislation. By using our website or by sending emails or by entering into a professional relationship with Ayaltis, you consent to the collection and use of your personal data in the manner set out below. If we change or modify our privacy policy, we shall post these changes on this page.

Data protection

Personal data is information relating to a specific or identifiable (i.e., identified or identifiable) person such as name, address, telephone number, e-mail address, date of birth, etc.; “Personal Data“).

Any handling of Personal Data, regardless of the means and processes used, in particular, the collection, procurement, storage, use, reworking, disclosure, archiving or deletion of data is considered as processing (“Processing” or to “Process“).

Controller and Responsibility

Responsible for the Processing of Personal Data (as defined below) and thereby the controller, in accordance with this Privacy Policy is Ayaltis AG, Bleicherweg 19, 8002 Zürich, Switzerland (“Ayaltis“). The person responsible for data protection at Ayaltis can be reached at the aforementioned postal address, by e-mail at dataprotection@ayaltis.com or by telephone at +41 43 501 37 60.

“Processor” means a natural or legal person, public authority, agency or other bodies which processes personal data on behalf of Ayaltis being the controller (“Processor“).

Personal Data Processed by Ayaltis

Ayaltis processes the following kinds of Personal Data:

First name, surname, home address, private telephone number, private email address;
Work address, work telephone number, work email address;
Passport number, national ID card, social security number (or equivalent);
Bank details, account numbers, tax file number, credit/debit card number;
Other personal data that can have an impact on Ayaltis Business

for the following purposes:

marketing purposes which include informing you (by any communication means like email, social media, mail, telefax or telephone) about publications, events, news, services, products, fund launches and related information of Ayaltis, any other entities within the Ayaltis group or third parties which may be of interest to you;
for responding to your queries, for distributing collective investment schemes to you, and for managing collective investment schemes.
for fulfilling its fiduciary duties: undertaking due diligence on investments and counterparties, running its investment activity.
For enabling Ayaltis to perform any agreement with you, your employer or any other relevant third party.

Storage

To the extent required by data protection law, your Personal Data will be deleted with respect to the purpose of Processing (see above) for which they were collected as soon as they are not required anymore to meet such purpose of Processing. More precisely, this means that we retain Personal Data referred to above for at least as long as: we provide you with marketing communications, need to be able to respond your queries, for fulfilling regulatory or fiduciary duties or as long as we provide you, your employer or any other relevant third party with our services.

Consent, Legal Basis, Revocation, Data Protection Rights, Representative

If required by applicable data protection law, we request your consent for the Processing of your Personal Data which then constitutes the legal basis for the Processing. However, you hereby acknowledge that the legal basis for the Processing might – depending on circumstances and applicable data protection law – also lie in the provision of Personal Data being a statutory or contractual requirement or a requirement necessary to enter into a contract. You can revoke/withdraw this consent at any time without affecting the lawfulness of the Processing carried out on the basis of the consent given until the revocation/withdrawal. In addition – depending on circumstances and applicable data protection law – you are in particular entitled to the right of disclosure/access of the Personal Data concerned, rectification, deletion/erasure of Personal Data or restriction of Processing, the right to object to the Processing, as well as the right of appeal/lodge complaint to a competent supervisory authority and to data transmission/portability.

The above-mentioned rights do not affect Personal Data that is processed for you as part of an ongoing mandate/provision of services (if any) or that we must or may retain for legal reasons.

Concerning revocation, the exercise of your other data protection rights as well as further questions and suggestions and comments on data protection please contact us at the aforementioned postal address, by e-mail at dataprotection@ayaltis.com or by telephone at +41 501 37 60.

Security and Liability

Ayaltis protects Personal Data against loss, misuse, unauthorized access, disclosure, modification or destruction by taking appropriate measures. For this purpose, Ayaltis uses appropriate technical and organizational security measures, which are continuously improved in line with technological developments. However, Ayaltis cannot guarantee the absolute security of the data. Ayaltis assumes no liability for violations of this safety regulation unless they are intentional or grossly negligent.

Data Transfers

Ayaltis will not transfer your Personal Data to third parties, unless expressly stated otherwise in this Privacy Policy, unless strictly necessary to defend your interests and manage and maintain your relationship with Ayaltis, or unless you have given previous consent. However, Ayaltis may transfer your Personal Data for the purposes stated in this Privacy Policy to:

other group companies.
The Fund’s administrator and its affiliates
Professional advisers such as law firms and accountancy firms
Other service providers of the Funds, Ayaltis and the Fund’s administrator including technology service providers
Counterparties
Courts and regulatory, tax and governmental authorities

These persons may be permitted or obliged to further disclose the personal data to other parties

Also, Ayaltis will appoint and is appointing Processors to host, maintain, manage, and store (e.g. backup and/or cloud storage) your Personal Data which Process Personal Data to the extent necessary to fulfil such hosting, maintenance, managerial, backup, and/or related purposes. Some of your Personal Data may, therefore, be stored outside of Switzerland and the European Union. If Ayaltis does store data outside Switzerland or the European Union, Ayaltis will take all reasonable steps required by applicable data protection law to ensure that your Personal Data is treated as safely and securely as it would be if it was located in Switzerland or within the European Union.

Third Party Consent

If you are acting as an intermediary or otherwise on behalf of a third party or supply Ayaltis with information regarding a third party (such as your employer or a client company) or a third party data subject, you hereby undertake that you are an authorised representative or agent of such third party and that you have obtained all necessary consents (as required by applicable law) from such third party to the collection, Processing, use and disclosure to us and/or by use of their Personal Data.

Data Processing by Using the Website

General Terms and Consent

During your visit on the Website general information is automatically recorded (e.g. the date of your visit, the type of web browser, your IP address, the operating system used and the domain name of your internet service provider). However, none of this information allows Ayaltis to draw any conclusions about your personal identity.

By using our Website you consent to the collection and use of your data or Personal Data (as the case may be) in the manner set out in this Privacy Policy.

SSL Encryption

For reasons of security and for the sake of protecting the transfer of confidential content, the Website uses an SSL encryption. You can identify an encrypted connection by the address bar of your browser switching from “http://” to “https://” and by the lock symbol appearing in your browser line.

Server-Log-Files

The provider of the Website automatically collects and stores information in so-called “Server-Log Files”, which your browser is automatically transferring to Ayaltis. These are in particular:

Browser type and browser version;
Operating system used;
Referrer URL;
Hostname of the accessing computer;
Time and date of the server request;
IP-addresses.

This data cannot be allocated to individuals by Ayaltis and will not be combined with other data sources. However, Ayaltis remains the right to retrospectively assess and combine such data if and to the extent there are indications for an illegal use

Cookies

1.1 Definition

Cookies are small text files which are automatically stored on the hard drive of your computer when you visit this Website. They do neither cause any damage nor transmit Personal Data.

1.2 Types of Cookies

1.2.1 Mandatory and Non Mandatory Cookies

Mandatory cookies enhance the functionality of this Website. Non-mandatory cookies enhance the user-friendliness of this Website. This Website only uses mandatory cookies.

1.2.2 Temporary Cookies

Temporary cookies store information that is used by you as a visitor during your current browser session. You are assigned a session-ID so that you can move between the different areas of the Website of Ayaltis without interruption. Based on the session ID, it is not possible to identify you as a person. These cookies do not leave any retrievable information on the hard drive of your computer. Once the browser is closed, these cookies are automatically deleted.

1.2.3 Permanent Cookies

Permanent cookies store information between two visits to the Website. Due to these cookies, visitor patterns can be recognized over a longer period of time and evaluated on a regular basis. Depending on their function, these cookies are stored on the hard drive of a computer between a few minutes up to several years.

Third Party Cookies and Web Analysis-Tools

Ayaltis cooperates with Google Analytics especially in the fields of web analysis and advertising and uses Google’s (Google LLC, Mountain View, CA 94043, USA or any of its affiliates; “Google“) web analysis tools. By performing such web analysis services Google provides information about the use of the Website (statistics, charts, analyses, etc.) to Ayaltis. Google Analytics also uses cookies. By saving data in its cookies, Google Analytics can determine which pages were viewed by which users, e.g. in order to display appropriate advertisements. Apart from IP-addresses (which will only in exceptional circumstances be transferred to Google in a non-anonymous or abbreviated form and which do even in their entire form not in any case constitute Personal Data) cookies from Google Analytics do not save any Personal Data. The IP-addresses potentially transferred by your browser to Google will not be combined with other data or Personal Data by Google. Ayaltis uses the following cookies in Google Analytics:

Google Analytics _gat, Throttle the request rate, ten minutes;

Google Analytics _ga, Distinguish unique users, two years.

The data described above collected by Google might be transferred to the respective server of Google in the U.S. However, Google is subject to the data protection provisions of the “Swiss-U.S. Privacy Shield” and the “EU-U.S. Privacy Shield” and registered with the “Privacy Shield”-program of the U.S. Department of Commerce. For further information with respect to Google Analytics and data protection please consult:

1.3 Activation, Deactivation and Deletion of Cookies

Most internet browsers use cookies. The storage of cookies on the hard drive of your computer can be prevented by configuring your browser accordingly. To see how this functions in detail, please refer to the instructions of the manufacturer of your browser. Besides, cookies stored on your hard drive can be deleted at any time. If you do not consent to the use of cookies, the technical functions and ease of use of this Website may be limited.

1.4 Use and Transmission of Data

The data described in this Section about “Data Processing by Using the Website”, including cookies, are exclusively used by Ayaltis for statistical purposes and technical administration of the Website. Unless explicitly otherwise stated in this Privacy Policy (e.g. possible transfer to Google as described above), data are not passed on to third parties, neither for commercial nor for non-commercial purposes.

2. Exclusion of Liability

To the extent not provided otherwise by mandatory applicable law, Ayaltis expressly disclaims any liability for losses or damages, whether direct, indirect, foreseeable or unforeseeable, incurred or suffered by any user of this Website or of the information provided in this Website. By accessing this Website, each user fully releases Ayaltis and all of their affiliates and their respective partners, directors, officers, employees and agents from any and all claims, rights and recourses for such losses or damages.

3. Information Provided by Third Parties and Linked Websites

This Website may refer, by hyperlinks or other means, to information provided by third parties. Ayaltis have not verified whether such information is reasonable, accurate, reliable, complete or up-to-date. Links to other websites do not constitute Ayaltis’ approval or endorsement of such websites or its products or advertisements. Ayaltis shall not be liable in connection with any such information provided by third parties.

4. No Reliance and no Warranty

This Website may include technical or editorial inaccuracies or typographical errors. The information on this Website has been prepared solely for information purposes. While Ayaltis has made effort to ensure that the information on this Website is accurate at the time of publication, Ayaltis makes no representations or warranty in any manner, expressly or by implication, as to the accuracy, reliability or completeness of the information provided in this Website. Ayaltis shall not be obliged to remove outdated information from this Website or to expressly mark it as outdated.

This website uses reasonable physical, electronic, and procedural measures to safeguard information against loss, theft, and unauthorised use, disclosure, or modification. Unfortunately, the nature of the Internet is, of course, such that the data may flow over networks without appropriate security measures and may be accessed and used by unauthorised persons.

5. Confidentiality

Despite the SSL encryption referred to above, this Website is not a secure medium for electronic communications. Any confidential, proprietary or sensitive information transmitted by a user by means of this Website is at risk of being read and/or copied by unauthorised persons.

6. Copyright

The entire content of this Website is subject to copyright with all rights reserved. Without the prior written consent of Ayaltis this Website or any part thereof may not be copied, transmitted (by electronic means or otherwise), modified, linked into or used for public or commercial purposes.

Final Provisions

Ayaltis reserves the right to change the contents of this Privacy Policy at any time without notice. It is therefore recommended to consult this Privacy Policy regularly.

If anyone or more sections or part of a section of this Privacy Policy shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The invalid, illegal or unenforceable provision(s) shall be replaced by the respective mandatory statutory or legal provisions to which this Privacy Policy is in conflict.

Subject to potential mandatory applicable data protection law, this Privacy Policy shall be governed by and construed and enforced in accordance with, the laws of Switzerland, excluding its conflicts of laws principles. Subject to potential (additional) foreign places of jurisdiction which apply by mandatory foreign law, the exclusive place of jurisdiction shall be Zurich, Switzerland.