This Policy is issued by the Amergeris Group, which shall include its branches, subsidiaries and affiliates, from time to time (together, “Amergeris”, “we”, “us” or “our”) and is addressed to individuals outside Amergeris with whom we interact, including individual clients, personnel of corporate clients, vendors and other recipients of our services (together, “you”).
Any of the Amergeris Group companies may be data processors or data controllers; this will depend on the circumstances in which personal information is collected, held or used. For Amergeris Group companies and their details, please visit: https://www.amergeris.com/ .
This Policy may be amended or updated at our discretion from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or any changes in applicable law.
- Personal Data
The categories of Personal Data about you that we Process, subject to applicable law, are as follows:
- Personal details: given name(s); preferred name(s); nickname(s), gender; date of birth; age; marital status; Social Security number; passport number(s); other government issued number(s) (tax identification number(s), Green Card number(s); driving licence number(s)); nationality; lifestyle and social circumstances; images of passports, driving licences, and signatures; authentication data (passwords, mother’s maiden name, challenge/response questions and answers, PINs, facial and voice recognition data); photographs; visual images; and personal appearance and behaviour.
- Contact details: address; telephone number; email address; and social media profile details.
- Employment details: industry; role; business activities; names of current and former employers; work address; work telephone number; work email address; and work-related social media profile details.
- Education history: details of your education and qualifications.
- Financial details: billing address; bank account numbers; credit card numbers; cardholder or accountholder name and details; instruction records; transaction details; and counterparty details.
- Electronic Identifying Data: IP addresses; cookies; activity logs; online identifiers; unique device identifiers; and geolocation data.
- Collection of Personal Data
We collect Personal Data about you from a variety of sources as follows:
- Directly from you in the ordinary course of our relationship with you
- You manifestly choose to make public, including via social media, from third parties who provide it to us (e.g., Your intermediaries; and law enforcement authorities).
- We collect or obtain Personal Data when you visit any of our websites or use any features or resources available on or through our website. When you visit our website, your device and browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information), some of which may constitute Personal Data.
- The Legal basis for Processing your Personal Data
We seek to collect or otherwise process your Personal Data, for the following legal basis:
- the Processing is necessary for compliance with a legal obligation under a contract with you;
- the Processing is necessary for the detection or prevention of crime (including the prevention of fraud) to the extent permitted by applicable law;
- the Processing is necessary for the establishment, exercise or defence of legal rights;
- we have, in accordance with applicable law, obtained your explicit consent prior to Processing your Personal Data (as above, this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way); or
- Processing is necessary for reasons of substantial public interest and occurs on the basis of an applicable law that is proportionate to the aim pursued and provides for suitable and specific measures to safeguard your fundamental rights and interests.
- Purposes for which we may Process your Personal Data
The purposes for which we may Process Personal data are:
- on-boarding new clients; and compliance with our internal compliance requirements, policies and procedures.
- maintaining and updating your contact information where appropriate;
- marketing and promotional activities;
- providing you with information or assistance that you request from us;
- conducting verifications, monitoring and reporting in accordance with anti-money laundering and counter terrorist financing laws;
- providing our Clients with the services requested, including administration, corporate and trust, banking, custody, middle office services, financial products, reporting and tax services amongst others;
- notifying you or our Clients about changes to our services;
- monitoring and improving the quality of our services;
- quality assurance and training purposes;
- complying with our legal and regulatory requirements.
- Disclosure of Personal Data to third parties
We may disclose your Personal Data to other entities within Amergeris, for legitimate business purposes (including providing services to you), in accordance with applicable law. In addition, we may disclose your Personal Data to:
- to your family, your associates and your representatives;
- anti-fraud services;
- governmental, legal, regulatory, or similar authorities, central and/or local government agencies, upon request or where required, including for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- accountants, auditors, financial advisors, lawyers and other outside professional advisors to Amergeris, subject to binding contractual obligations of confidentiality;
- debt-collection agencies and tracing agencies;
- accreditation bodies;
- third party processors such as payment services providers; shipping companies; etc.), located anywhere in the world,
- any relevant party, claimant, complainant, enquirer, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights in accordance with applicable law;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security in accordance with applicable law;
- any relevant third-party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation);
- voluntary and charitable organizations.
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
- International transfer of Personal Data
Because of the international nature of our business. we may need to transfer your Personal Data within the Amergeris Group, and to third parties as noted above in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements, including data protection laws of a lower standard to those that apply in the country in which you are located.
Where we transfer your Personal Data to other countries. we do so on the basis of:
- adequacy decisions;
- our Binding Corporate Rules;
- suitable Standard Contractual Clauses; or
- other valid transfer mechanisms.
If you want to receive more information about the safeguards applied to international transfers of personal data, please use the contact details provided below.
- Data Security
We have implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
You are responsible for ensuring that any Personal Data that you send to us is sent securely.
- Data Accuracy
We take reasonable steps designed to ensure that:
- your Personal Data that we Process is accurate and, where necessary, kept up to date; and
- any of your Personal Data that we Process that is inaccurate (having regard to the purposes for which they are Processed) is erased or rectified without delay.
From time to time we may ask you to confirm the accuracy of your Personal Data.
- Data Minimisation
We take reasonable steps designed to ensure that your Personal Data that we Process is limited to the Personal Data reasonably required in connection with the purposes set out in this Policy.
- Retention of your Personal Data
We will retain your Personal Data in accordance with Amergeris’s Data Retention Policy.
- Your legal rights
Subject to applicable law, you may have a number of rights regarding the Processing of your Personal Data, including:
- the right to request access to, or copies of, your Personal Data that we Process or control, together with information regarding the nature, processing and disclosure of that Personal Data;
- the right to request rectification of any inaccuracies in your Personal Data that we Process or control;
- the right to request, on legitimate grounds:
- erasure of your Personal Data that we Process or control; or
- restriction of Processing of your Personal Data that we Process or control;
- the right to have your Personal Data that we Process or control transferred to another Controller, to the extent applicable;
- where we Process your Personal Data on the basis of your consent, the right to withdraw that consent;
- the right to lodge complaints with a Data Protection Authority regarding the Processing of your Personal Data by us or on our behalf.
This does not affect your statutory rights. Subject to applicable law, you may also have the following additional rights regarding the Processing of your Personal Data:
- the right to object, on grounds relating to your particular situation, to the Processing of your Personal Data by us or on our behalf; and
- the right to object to the Processing of your Personal Data by us or on our behalf for direct marketing purposes.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided below.
- Contact details
If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data by Amergeris, please contact your regular Amergeris contact, or email firstname.lastname@example.org
Tel: +41 41 560 02 20
Fax.: +41 44 252 0881