Purpose of this notice

In accordance with Swiss Federal Data Protection Act (the "DPA"), and any secondary legislation made under the DPA and/or all applicable laws, rules, regulations, regulatory guidance, regulatory requirements from time to time, in each case in each jurisdiction where the services are delivered (collectively, "Data Protection Legislation"), the Issuer being the data controller for the purposes of this, must provide you with information on how the personal data that you provide, as part of your application to invest in the Product, will be processed.

Where your details are provided to the Issuer as a consequence of your application to invest in the Product, then the Issuer may itself (or through a third party) process your personal information or that of your directors, officers, employees and/or beneficial owners.  When processing your personal information, there may also be times where the Sponsor will act as a data controller.  In connection with this, please note the following:

1.   Contact details

The Issuer, as data controller, can be contacted at the following address:

Artemon Property Finance AG
Alfred-Escher-Strasse 5
8002 Zürich

2.   Purposes of processing and legal basis for processing

The personal data collected from you or provided by you, or on your behalf in connection with your application for the Product may be processed by the Issuer (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes:

1. to facilitate the opening of your account with and administration of your investment and any related account on an on-going basis which are necessary for the performance of your contract with the Issuer including without limitation the processing of redemption requests and redemption payments;
2. to update and maintain records and fee calculation;
3. circulating periodic reports relating to the Product.

2.2   Compliance with a legal obligation

1. in order to carry out anti-money laundering checks and related actions which the Issuer, the Sponsor or Paying Agent considers appropriate to meet any legal obligations imposed on the Issuer relating to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with the Issuer’s, the Sponsor's and the Paying Agent's anti-money laundering procedures;

2. to report tax related information to tax authorities in order to comply with a legal obligation.

2.3   Pursuing the legitimate interests of the Issuer including:

1. in relation to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with the Issuer’s and the Sponsor's anti-money laundering procedures;

2. carrying out statistical analysis and market research;

3. recording, maintaining, storing and using recordings of telephone calls that you make to and receive from the Issuer, the Sponsor and their delegates or duly appointed agents and any of their respective related, associated or affiliated companies for (i) processing and verification of instructions, (ii) investigation and fraud prevention purposes, (iii) for crime detection, prevention, investigation and prosecution, (iv) to enforce or defend the Issuer and its affiliates', itself or through third parties to whom it delegates such responsibilities or rights in order to comply with any legal obligation imposed on the Issuer, (v) to pursue the Issuer’s legitimate interests in relation to such matters or (vi) where the processing is in the public interest;

4. to monitor and record calls for quality, business analysis, training and related purposes in order to pursue the legitimate interests of the Issuer to improve their service delivery;to disclose information to other third parties such as service providers of the Issuer, auditors, regulatory authorities and technology providers;to retain AML and other records of individuals to assist with the subsequent screening of them by the Issuer including in relation to other funds or clients of the Issuer in pursuance of the Issuer’s legitimate interests.

Please note that where personal data is processed for purposes of legitimate interests, you have a right to object to such processing and the Issuer will no longer process the personal data unless the Issuer can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.

2.4.  Consent

Your consent is not required to process your personal data for the purposes referenced above. However, in order to process your personal data for the purposes of direct marketing, the Issuer seeks your consent. Please see the section below which deals exclusively with consent for that purpose.

3.   Profiling and Screening

The Issuer and its appointed data processors engage in politically exposed person screening for the purposes of complying with anti-money laundering and counter terrorist financing legislation and with UN, EU and other applicable sanctions regimes.

4.   Disclosures to Data Processors and/or Third Parties

The Issuer may disclose your personal information as follows:

1. to its service providers, including the Sponsor, the Paying Agent and their affiliates, and other third-party service providers engaged by the Issuer in order to process the data for the above-mentioned purposes. These data processors will handle your information in accordance with applicable Data Protection Legislation; and
2. to competent authorities (including tax authorities), courts and bodies as required by law or requested or to affiliates for internal investigations and reporting.

5.   Transfers Abroad

The disclosure of personal information to the third parties set out above may involve the transfer of data to the USA and other jurisdictions outside Switzerland and the European Economic Area (EEA) or other authorised jurisdictions in accordance with the requirements of the Data Protection Legislation. Such countries may not have the same data protection laws as your jurisdiction. The Issuer will put in place standard contractual clauses with relevant parties to whom personal data may be transferred. 

6.   Retention period

The Issuer will retain your personal information for as long as required for the Issuer to perform investigations depending on whether additional legal/regulatory obligations mandate that the Issuer retains your personal information.

7.   Your data protection rights

Please note that you have the following rights under the Data Protection Legislation in relation to your personal information. In each case, the exercise of these rights is subject to the provisions of the Data Protection Legislation:

1. you have a right of access to and the right to amend and rectify your personal data;

2. you have the right to have any incomplete personal data completed;

3. you have a right to lodge a complaint with a supervisory authority, if you consider that the processing of personal data relating to you carried out by the Issuer infringes the Data Protection Legislation;

4. you have a right to request that your personal information is erased (in certain specific circumstances);

5. you have a right to restrict processing (in certain specific circumstances);

6. you have a right to data portability (in certain specific circumstances); and

7. you also have the right to object to processing where personal data is being processed for marketing purposes and also where the Issuer is processing personal data for legitimate interests.

8. Failure to provide personal data

The provision by you of personal data, as outlined in the section above titled "Purposes of processing and legal basis for processing" is required for us to accept and administer your holding or investment in the Product, to be able to comply with the legal, regulatory and tax requirements referenced above and to operate the Issuer. Where you fail to provide such personal data, you may not be able to invest in the Product and we may not be able to hold your investment.