PRIVACY NOTICE

(Last updated April 7th 2021)

Thank you for choosing to be part of our community at Swister, doing business as Swister (“Swister”, “we”, “us” or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices in regard of your personal information, please contact us at info@swister.com or the (updated) email address shown on Swister’s website. 

When you visit our website (http://www.swister.com) or that of a joint-venture partner (for example http://www.camerlinckx.com) , hereinafter referred to as the “website” or our (future) mobile application, as the case may be (the “app” or more generally use any of our services (the “services”, which include the website and app), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it.

This privacy notice applies to all information collected through our services, as well as any related services, sales or events.

1. What information do we collect?

We collect personal information that you voluntarily provide to us when you register on the services, express an interest in obtaining information about us or our products and services, when you participate in activities on the services (such as, but not limited to, by posting messages in our online forums) or otherwise when you contact us.

The personal information that we collect may depend on the context of your interactions with us and the services, the choices you make, the features you use and whether you register as physical or legal person.

The personal information that we collect may include the following:

• Names, gender, job titles

• Official address

• Identity documents, social security and fiscal numbers and other similar information

• Phone numbers, email addresses and other similar information

• Contact preferences

• Contact or authentication data

• Usernames, passwords

• Information about your income and wealth, as well as debts and financial obligations

• Bank account numbers

• Debit/credit card numbers

• Criminal records and other information in the context of KYC (Know your customer) and AML (Anti-money laundering) checks

• All other information that is requested by the competent (financial) authorities of all the relevant jurisdictions.

All personal information that you provide to us must be true, complete and accurate. You must notify us of any changes to such personal information.

On top of this, we also automatically collect certain information when you visit, use or navigate the services. This information does not reveal your specific identity, but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our services and other technical information.

We also reserve the right to collect information through cookies and similar technologies.

This information includes:

• Log and usage data: This is server-related, diagnostic, usage and performance information that our servers automatically collect when you access or use our services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use) and device event information (such as system activity, error reports and hardware settings).

• Device data: We collect device data such as information about your computer, phone, tablet or other device you use to access the services. Depending on the device used, this service data may include information such as your IP address (or proxy server), device and application identification numbers, location browser type, hardware model internet service provider and/or mobile carrier, operating system and system configuration information.

• Location data: We collect location data such as information about your devices location, which can either be precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the services. For example, we may use GPS and other technologies to collect geolocation data that tell us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the services.

Should you use our app (if any), we also collect the following information:

• Geolocation information: We may track location-based information from your mobile device, either continuously or while you are using the app, to provide certain location-based services.

• Mobile device access: We may access certain features from your mobile device, including bluetooth, calendar, camera, contacts, microphone, reminders, messages, sensors, social media accounts, storage and other features.

• Mobile device data: We automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model internet service provider and/or mobile carrier and IP address (or proxy server). If you are using our app, we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and information about the features of our app you accessed.

• Push notifications: We may send you push notifications regarding your account or certain features of the app.

Furthermore, in order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as, but not limited to, public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, social media URLs, and custom profiles for the purpose of targeted promotion or event promotion, but not limited thereto.

2. How do we use your information?

We use personal information collected via our services for a variety of business and/or administrative purposes. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform an agreement with you and/or for compliance with our legal obligations.

We use the information we collect or receive:

• To send administrative information to you: We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions and policies.

• To protect our services: We may use your information as part of our efforts to keep our services safe and secure.

• To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.

• To respond to legal requests and prevent harm: If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

• To send you marketing and promotional communications: We and our third-party marketing partners may use the personal information you send to us for our marketing purposes. For example, when expressing an interest in obtaining information about us or our services, whether directly or indirectly, subscribing to marketing or otherwise contacting us, we will collect personal data from you.

• Deliver targeted advertising to you: We may use your information to develop and display personalised content and advertising (and work with third parties who do so), tailored to your interests and/or location and to measure its effectiveness.

3. Will your information be shared with anyone?

We may process or share your data that we hold based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

• Legitimate interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

• Performance of an agreement: Where we have entered into an agreement with you, we may process your personal information to fulfill the terms of our agreement.

• Legal obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests (including financial authorities), a judicial proceeding, court order or legal process such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• Vital interests: We may disclose your information where we believe it is necessary to investigate, prevent or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

• Business transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to/by another company or entity.

• Google Maps platform APIs: We may share your information with certain Google Maps platform APIs (i.e. Google Maps API, Place API) (Check also the privacy policy of Google). We use these to retrieve certain information when you make location-specific requests and to carry out certain controls imposed by the competent financial authorities. The latter is to check from which country or jurisdiction you are registering for or accessing our services and/or whether or not this corresponds with the information that you have provided upon registration. This includes physical location and other similar information (See also section 2). We obtain and store on your device (“cache”) your location. The Google Maps platform APIs that we use store and access cookies and other information on devices. 

• Vendors, consultants and other third-party service providers: We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: KYC and AML checks, payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the services, which will enable them to collect data on our behalf about how you interact with our services over time. This information may be used to, amongst other things, analyse and track data, determine the popularity of certain content, pages or features and better understand online activity.

• Third-party advertisers: We may use third-party advertising companies to serve ads when you visit or use the services. These companies may use information about your visits to our website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

• Affiliates: We may share your information with our affiliates. Affiliates include parent and sister companies/entities, subsidiaries, joint-venture partners or other companies/entities that we control or that control us, as well as companies/entities that we have commercial agreements with.

• Occasional business partners.

• Other users: When you share personal information (for example, by posting comments, contributions or other content to the services) or otherwise interact with public areas of the services, such personal information may be viewed by all users and may be publicly made available outside the services in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our services and view your profile.

4. Who will your information be shared with?

We only share and disclose information with the categories of third parties listed below:

• Cloud computing services

• Communication and collaboration tools

• Data analytics services

• Data storage service providers

• Finance and accounting tools

• Government entities

• Payment processors

• User account registration and authentication services

• Website hosting service providers

• Companies/entities/institutions referred to under section 3.

5. Do we use cookies and other tracking technologies?    

We may use cookies and similar technologies (like web beacons and pixels) to access or store information.

6. Is your information transferred internationally?

Our servers are (likely to be) located, either in Switzerland, Belgium, Italy, United Kingdom (including Jersey), Italy, Monaco, Suriname, Hong Kong, India and the United States. If you are accessing our services from outside a country where our servers are located, please be aware that your information may be transferred to, stored and processed by us in our facilities and by those third parties with whom we may share your personal information in Switzerland, Belgium, Italy, United Kingdom (including Jersey), Italy, Monaco, Suriname, Hong Kong, India, United States and other countries.

If you are a resident in the EEA (European Economic Area) or United Kingdom, then these (previously listed and other) countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country.

7. How long do we keep your information?

We will keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for more than 120 months after the termination of the user’s account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information or, if this is not possible (for example because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. How do we keep your information safe?

We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However, no electronic transmission over the internet or information storage technology can be guaranteed to be100% secure, so we cannot promise or guarantee that hackers, cybercriminals or other unauthorised third parties will not be able to defeat our security and improperly collect or modify your personal information. 

You should only access the services within a secure environment.

9. What are your privacy rights?

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure, (iii) to restrict to processing of your personal information and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a (justified) request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in Switzerland and you believe we are unlawfully processing your personal information, you have the right to complain to the Swiss data protection supervisory authorities. If you are a resident in the EAA or UK, you must contact the national data protection authorities.

Your account can be terminated in accordance with the “GENERAL CONDITIONS governing the relations between Swister and its clients”, especially if your commercial or financial commitments have not yet matured.

Should your request to terminate your account be rightful, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our agreements and terms of use and/or comply with applicable legal requirements.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove or reject cookies, this may affect certain features or options of our services.

To opt-out of interest-based advertising by advertisers on our services visit: http://www.aboutads.info/choices/ 

You can unsubscribe from our recurring marketing email list at any time by clicking on the “unsubscribe” link in the marketing emails that we send or by contacting us using the details provided below. You will then be removed from the recurring marketing email list - however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests or for other non-marketing purposes.

10. How can you contact us about this notice?

If you have questions or comments about this notice you may email us at info@swister.com or to the (updated) email address shown on Swister’s website.

11. How can you review, update or delete the data we collect from you?

Based on the applicable laws of your and/or our jurisdiction, you may have the right to request access to the personal information we collect from you, change/correct that information and, in specific circumstances, delete some of it. To request a review, update or delete your personal information, please contact us at info@swister.com or to the (updated) email address shown on Swister’s website and/or use the website’s (or app’s) dedicated section for essential modifications regarding your (current, transaction or investment) account holder name and other data.