– “Activities” means any of our activities related to a fund managed or advised by BlueOrchard, an application process or an employment at BlueOrchard.
– “BlueOrchard” means each and any subsidiary or branch of BlueOrchard Finance Ltd.
– “Data Protection Laws” means the Swiss Data Protection Act, the EU General Data Protection Regulation and any other applicable data protection regulation.
– “Processing” shall have the meaning provided in the applicable Data Protection Laws.
– “Personal Data” means any information relating to an identified or identifiable natural person, in particular all information which you submit to BlueOchard via our Website, or that we collect from you in the course of our activities or your application process as an employee of BlueOrchard. This definition incorporates any definitions provided in the applicable Data Protection Laws.
– “Products” means any of the funds managed or advised by BlueOrchard.
Personal Data collected
In the course of our activities we may collect the following Personal Data:
– Professional contact data of representatives of clients (investors), prospects, investees (and some of their clients) and service providers (such as name, given name, address, e-mail address, telephone number, mobile number, company name, function, out-of-office information, gender, civil status);
– Private contact and identification data of employees and applicants (such as name, given name, address, e-mail address, telephone number, mobile number, birth date, nationality, social security number, passport, ID);
– Personal and professional data of employees and applicants (such as data on spouses and children, marital status, photographs of employees, resumes, diplomas, reference letters, grades, assessments, reviews, criminal records, sanction listings, bank account details);
– Time management data of employees (such as absences and working hour logs);
– Location data of employees (such as WLAN positioning and IP-address);
– Personal and identification data of employees of an investees (such as passports, ID’s, CV’s or other documents related to personal data).
How we collect Personal Data
We typically collect or obtain Personal Data directly from you or your authorized representatives unless it is unreasonable or impracticable to do so. The collection of Personal Data usually takes place as follows:
– If you use our website;
– If you complete an application form for one of our products;
– If you apply for a role at BlueOrchard and during your employment
– At the occasion of communications or meetings between you and our employees or authorized representatives;
– Through publicly available sources (such as credit reference agencies, due diligence databases etc.).
Use of your Personal Data
We will only use your Personal Data within the scope of our activities and/or the fulfilment of our contractual or statutory obligations. Personal data may be used by us for the following reasons:
– To communicate with you in relation to your current or planned investment (these communications may take place in various forms, including telephone, SMS, email and mail);
– To provide continuous service to you (such as the transmission of information or marketing materials that may be of interest for you);
– To meet regulatory or internal record keeping requirements.
Please note that at any time you may opt-out of receiving marketing communications from us. In this case, please contact us by using either the contact details below or the opt-out facilities provided in the marketing communications.
Sharing of your Personal Data
To provide you with the services you require and for the purposes set out above, your Personal Data may be shared within BlueOrchard or any third parties. As such some of your Personal Data may be disclosed to BlueOrchard Finance Ltd. in the context of our employee administration activities. Furthermore, in the context of our fund management administration activities some Personal Data may be shared with our branch in Georgia.
We also take reasonable steps to ensure that such third parties are bound by confidentiality and privacy obligations in relation to the protection of your Personal Data. Such third parties may include:
– External service providers (such as IT services companies etc.);
– External advisors (such as accountants, lawyers, consultants, auditors);
– Other third parties where required, or allowed under law, or in connection with legal proceedings.
During the processing of some Personal Data as described above some Personal Data may be transferred to a country other than Switzerland and the European Economic Area (“EEA”), namely one of our below mentioned subsidiaries or branches. Such countries may not have an adequate level of data protection as determined by the EU. However, BlueOrchard has established appropriate safeguards for such cross-border data transfers by way of contractual mechanisms including the EU Commission‘s approved EU model clauses.
Keeping Personal Data Secure
We invest considerable resources to keep your Personal Data secure from misuse, loss, interference, unauthorized access, modification or disclosure. Access to and the use of Personal Data is regulated to prevent misuse or unlawful disclosure of such data. We use security procedures such as firewalls, intrusion detection, anti-virus technology and password log-in to prevent unauthorized access.
Retention of Personal Data
We retain information for as long as may be necessary to provide continuous service to you or to meet any of our contractual obligations, and longer where required by law. When Personal Data is no longer required by us, it is destroyed or de-identified.
Access and control of Personal Data
You may contact us by email or telephone and request access to your Personal Data. However, please note that before providing you with access to information about you we will have to verify your identity. Furthermore, please note that at time there may be a legal reason why we must deny such access, in particular where granting access would interfere with the privacy of others or would result in a breach of confidentiality. Should such access be denied we would provide you with the reasons for any refusal in writing and the mechanisms available to complain about the refusal. There may be some charge to you to access such information. However, there is no charge for making a request or for making any corrections to your Personal Data.
Correction of your Personal Data
We endeavor to keep your Personal Data accurate, complete, up to date and relevant. For this purpose we kindly ask you to let us know if any of your details change. If you believe that Personal Data we store about you is incorrect, incomplete, inaccurate or misleading, you may ask us to amend it.
Use of our website
As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information or data you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Data or other information which you transmit to us online is transmitted at your own risk.
– Analytical purposes: Analytical cookies allow us to recognize, measure and track visitors to the website. This helps us to improve and develop the way the website works, for example, by determining whether site visitors can find information easily, or by identifying the aspects of the site that are of the most interest to them.
– Usage preferences: Some of the cookies on the website are activated when visitors to our sites make a choice about their usage of the site. Our website then ‘remembers’ the settings preferences of the user concerned. This allows us to tailor aspects of the site to the individual user.
– Functional purposes: Functional purpose cookies store information that is needed by our applications to process and operate. For example, where transactions or requests within an application involve multiple workflow stages, cookies are used to store the information from each stage temporarily, in order to facilitate completion of the overall transaction or request.
– Advertising: Advertising cookies allow us (or third parties) to monitor the behavior of users of our website. This information is used to ensure that products and services highlighted to those individuals are targeted in a focused and relevant manner (e.g. through advertisements on our website or through advertisements on third party websites which are based on your experience with our website) or to monitor the effectiveness of those digital marketing campaigns. We also monitor whether the adverts displayed on our website are of interest to users and retain this information to ensure that adverts seen by users of our website over a period of time are appropriate.
We may disclose details about the general use of our website to third parties (for example, to demonstrate patterns of use to advertisers and other business partners). Information we pass on for this purpose will not include any Personal Data by which you may be identified.
You can configure your browser to accept all cookies, reject all cookies, notify you when a cookie is set, or delete cookies that have already been set. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our website.
We may include content on the website designed for display using Adobe Flash Player, such as animations, videos and tools. Local flash storage (often referred to as “Flash cookies”) can be used to help improve your experience as a user. Flash storage is retained on your device in much the same way as standard cookies, but is managed directly by your Flash software. If you wish to disable or delete information stored locally in Flash, please see the documentation for your Flash software, located at www.adobe.com. Please note that, if you disable Flash cookies, some site functionality may not work.
If you believe that your privacy has been breached, please contact our Data Protection Contact Person using the contact information below and provide details of the incident so that we can investigate it. We request that complaints about suspected breaches of privacy be made in writing, which will also enable us to keep in touch with you in relation to your complaint.
If you have any questions or concerns about the privacy of your Personal Data, please contact our Data Protection Contact Person as follows:
Telephone: +41 (0)22 596 47 70
If you have contacted us and believe that we have not handled your matter properly, you may contact the Data Protection Authority in the country where the BlueOrchard company you are dealing with is located and if such does not exist any other local authority bestowed with the responsibility of the protection of data:
Our Head Office
Federal Data Protection and Information Commissioner
National Commission for Data Protection
Directorate for the Protection of personal data, General Directorate of Transparency, Access to Public Information and Protection of Personal Data
Personal Data Protection Commission
Copyright 2019 BlueOrchard Finance Ltd