2. Who are we and what do we do
BluHeera AG („BH”) is a boutique consulting and investment firm, incorporated under the laws of Switzerland, registered in Zug, ZG. It provides its services both in- and outside Switzerland.
3. How to approach us
- sending an email to: firstname.lastname@example.org,
- calling us on: +41 79 644 3754.
4. What personal information do we collect
We may collect personal information from you in the course of our business, including through your use of our website, when you contact, request information from, or provide information to us, when you engage our services or as a result of your relationship with one or more of our employees, subcontractors or customers.
Predominantly, we collect personal information from you in order to
- verify your identity;
- deliver our services;
- improve, develop and market new services;
- carry out requests made by you on the website or in relation to our services;
- investigate or settle inquiries or disputes;
- comply with any applicable law, court order, other judicial process, or the requirements of a regulator;
- enforce our agreements;
- protect the rights, property or safety of us or third parties, including our other clients and users of the Site or our Services
- with recruitment purposes, and
- use as otherwise required or permitted by law.
To undertake these goals, we may process the following personal information:
If you are a visitor to our Website:
- including the company you work for, email address and social media account, where appropriate;
- name and job title;
- contact information
- other information relevant to the provision of our services.
If you are an individual client who is the addressee of our services or a prospective individual client:
- name and job title;
- contact information including the company you work for and the email address, where provided;
- payment information;
- information that you provide us with as a part of our providing services to you, which depends on the nature of your instructions to BH;
- relevant information as required by Know Your Client and/or Anti-Money Laundering regulations and as a part of our internal client onboarding procedures; which may possibly include evidence of source of funds, which we may request both from you and/or obtain from third party sources, and also update from time to time;
- information you provide us with for the purposes of attending meetings and events, including dietary requirements which may reveal information about your health or religious beliefs;
- other information relevant for the provision of our services.
BH is primarily engaged by corporate customers and as such those instructors are not data subjects. However, as a part of such instructions, personal information may be provided to us (e.g. personal information relating to any of our corporate customers’ or prospective customers’ officers or employees, any opponent or vendor or purchaser or personal information relating to their advisors or personnel, as relevant or similar).
If you are an individual whose personal information is processed by BH as a result of providing our services to others (including individual and corporate customers) we will process a variety of different personal information depending on the services provided, which may include personal information related – without limitation – to any of our corporate customers’ or prospective customer’ officers or employees, any opponent or vendor or purchaser personal information including personal information related to their advisors or employees, as relevant or similar.
This is a non-exhaustive list which is reflective of the varied nature of the personal information processed as part of a consulting and investment firm providing services.
For customers and prospective customers, we also collect information in order to market our services which may be of interest to you. For this purpose, we collect:
- name and contact details;
- other business information such as job title and the company you work for;
- areas or topics that may be of your interest,
- additional information, such as events you attend and if you provide it to us, dietary preferences which may indicate data about your health or religious beliefs.
- How do we use personal information
We may use your information for the following purposes.
5.1. Performance of our services
We collect and store personal information that you voluntarily send to us whilst using our website and/or our services to enable us to perform our services. Please note that in the case of using our services, our General Terms and Conditions also apply.
The purpose of collecting and processing your personal information is to meet our obligations in accordance with any contract that we may have with you. It is our legitimate interest or a third party’s legitimate interest to use your personal information in such a way to ensure that we provide the very best customer service we can to you or others.
5.2. Customer service
We use electronic contact or enquiry form, provide our telephone number and regular email address on our website, to make it practical and comfortable for you to make your enquiries. We collect the respective personal information (contact data) to give our response to you.
5.3. Business administration and compliance
We use your personal information for the following business administration and compliance purposes:
to comply with our legal obligations (including any Know Your Client, Anti-Money Laundering or Anti-Bribery, conflicts or similar obligations including, but not limited to maintaining our liability insurance);
- to enforce our legal rights;
- to protect the rights of third parties; and
- in connection with a business transaction such as a merger, a restructuring, or sale.
Where we use your personal information in connection with a business transition, to enforce our legal rights, or to protect the rights of third parties it is in our or a third party’s legitimate interest to do so. In the other cases it is our legal obligation to use your personal information.
5.4. Customer insight and analysis
We analyse your contact details with other personal information that we observe about you from your interactions with our website, our email communications to you and/or with our services such as the services you have viewed.
Where you have given your consent (where lawfully required), we use log files and other technologies to collect personal information from the computer hardware and software you use to access the website, or from your mobile. This includes the following:
- an IP address to monitor website traffic and volume;
- a session ID to track usage statistics on our website;
- information regarding your personal or professional interests, demographics, experiences with our products and contact preferences.
By using this information, we are able to measure the effectiveness of our content and how visitors use our website and our services. This allows us to learn what pages of our website are most attractive to our visitors, which parts of it are the most interesting and what kind of offers users like to see.
Where your personal information is not in an anonymous form, it is in our legitimate interest to use your personal information in such a way to ensure that we provide the very best products and services to you and our other clients.
Any other purposes for which we wish to use your personal information that are not listed above, or any other changes we propose to make to the existing purposes will be notified to you using your contact details, where available.
- What is our legal basis to use or process your personal information
It is necessary for us to use your personal information
- to perform our obligations in accordance with any contract that we may have with you;
- to ensure that we provide our services in the best way that we can as it is in our legitimate interest or a third party’s legitimate interest;
- to comply with any legal obligations imposed.
- Who do we share your personal information with
We may share personal information with a variety of the following categories of third parties as necessary:
- our professional advisers such as lawyers and accountants;
- government or regulatory authorities;
- professional insurance providers;
- tax, social insurance authorities and corporate registries;
- third parties to whom we outsource certain services such as, parts of our complex services document processing and translation services, confidential waste disposal, IT systems or software providers, IT support service providers, document and information storage providers, etc.;
- third parties engaged in the course of the services we provide to customers such as counsels, arbitrators, mediators, clerks, document review platforms and experts such as tax advisors or valuation service providers, etc.;
- third party service providers to assist us with the customer insight analytics;
- third party postal or courier providers who assist us in delivering documents related to a matter.
Please note this list is non-exhaustive and there may be other examples where we need to share with other parties in order to provide our services as effectively as we can.
- Compliance of third party contractors
As was already mentioned above, we may appoint sub-contractor for certain activities and services listed under the title ‘7. Who do we share your personal information with”. We conduct an appropriate level of due diligence and put in place contractual documentation in relation to any sub-contractor to ensure that they process personal information in line with the relevant regulation.
- Where do we transfer your data to
In order to provide our services, we may need to transfer your personal information to locations outside the jurisdiction in which you provide it.
If you are based within the European Economic Area (EEA), please note that, where necessary to deliver our services, we will transfer personal information to countries outside the EEA (to Switzerland).
- How long do we keep your personal information
For visitors to our website, we will retain relevant personal information for at least three years from the date of our last interaction with you and in compliance with our obligations under the EU General Data Protection Regulation or similar legislation, or for longer if we are required to do so according to our regulatory obligations or insurance obligations.
For our service provision to any customer, we will retain relevant personal information for at least six years from the date of our last interaction with that customer and in compliance with our obligations under the EU General Data Protection Regulation or similar legislation, or for longer as we are required to do so according to our regulatory obligations or insurance obligations. We may then destroy such files without further notice or liability.
- Confidentiality and the security of your personal information
We are committed to keeping the personal information provided to us secure, we do all reasonable steps to protect the personal information that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.
All of our contractors and employees, who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of such personal information.
- How to access your information and your other rights
You have the following rights in relation to the personal information we hold about you:
12.1. Access right
Upon request we confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
12.2. Rectification right
If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it rectified. If you are entitled to rectification and if we have shared your personal information with others, we will let them know about the rectification, where possible. If you ask us, where possible, and lawful to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.
12.3. Deletion right
Upon request, we delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to delete and if we have shared your personal information with others, we will let them know about the selection, where possible. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.
12.4. Processing restriction right
Upon request we can ‘block’ or suppress the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we’ve shared your personal information with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personal information with so that you can contact them directly.
12.5. Data portability right
You have the right, in certain circumstances, to obtain personal information you have provided us with (in a structured, commonly used and machine-readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
12.6. Objection right
Upon request we can stop processing your personal information, and we will do so, if we are: (i) relying on our own or someone else’s legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or (ii) processing your personal information for direct marketing purposes.
12.7. Consent withdrawal right
If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.
12.8. Right to file a complaint with the supervisory authority
If you have a concern about any aspect of our privacy practices, including the way we have handled your personal information, you can report it to the relevant supervisory authority.
Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the data or where data may be exempt from disclosure due to reasons of professional privilege or professional secrecy obligations.
- Collection of information by third-party sites and sponsors
The website may contain links to other sites where information practices may be different than ours. Visitors should consult the other sites’ privacy notices as BH has no control over information that is submitted to, or collected by, these third parties
Zug, 15 September 2018.