Privacy policy

You may be required to provide certain personal information via this Website (e.g. your name, address, email address, telephone number, etc.). Such information, including technical and navigation data, will be considered confidential. We use this information for internal purposes to ensure compliance with our legal obligations.  We may disclose this information to any governmental entity, regulatory authority and/ or court if required or permitted by applicable law.
We may also use tracking technology (e.g. cookies) to collect information enabling Arlas to understand how you use this Website.  Such technology enables us to improve this Website. By using this Website you expressly agree that, notwithstanding all precautions in place, the Internet network does not constitute a fully secure means of communication of information and that you use the Internet at your sole risk hereby releasing us from all liability, inter alia in case of interception by third parties of any of the information you provided on this Website.

At Arlas, protecting your privacy is important to us and we take precautions to safeguard your information. After all, your relationship with us is built on trust and our goal is to preserve that trust. This policy applies where we are acting as a data controller with respect to your information; in other words, where we determine the purpose and means of the processing of that information. This policy sets out the basis on which your information is collected, stored and used by us.

Contents of this Privacy policy

Who we are and how to contact us
Information we collect
How and why we use information
Sharing your information
Your rights
Storage, transfers and retention
Security
Making changes to this information

Who we are and how to contact us

This is the Privacy policy of Arlas Advisors Sarl (also referred to throughout this policy as ‘Arlas’, ‘we’, ‘us’, or ‘our’). By Arlas we mean Arlas Advisors Sarl or its partner companies, such as Circle Partners (fund administrator) or VQF (compliance partner). Arlas collects and uses information in the ordinary course of business and is therefore responsible for ensuring that it uses that information in compliance with all applicable data protection laws. This Privacy policy governs the handling of your information by Arlas. This Privacy policy explains how your information may be held and used by companies within Arlas. Note that information may be shared between Arlas and international subsidiaries.
If you have any questions or concerns regarding our Privacy policy, or how we process your information, please contact us via email at privacy@arlascapital.com

Information we collect

By “information” we mean all the personal and financial information about you that we collect, use, share and store. Most of the information collected by us is information which you have provided to us directly, whether this is from you signing up online to receive information from us or by your providing information to us when becoming a client of ours.
Information we collect from you when you visit and/ or request to receive information from our website (by way of a non-exhaustive list):
Personal contact information (e.g. first name, family name, position in the company, company name, company email address, business phone number, business address, city, postcode and country); and
how you access and use our website or other digital services (e.g. your IP address, your location, the device and software being used, pages visited, content viewed, links and buttons clicked through).
Information that we collect or generate about you includes (by way of a non-exhaustive list):
The Arlas services or products which you have engaged with and our interactions with you; and
your visits to Arlas’ website including information collected through cookies that store technical information about the services that you use and how you use them. For more information on the cookies used by us, you can contact us on privacy@arlascapital.com
If you are looking to become a client of ours, or are already a client of ours, in addition to the above, we may also collect or generate additional information about you. This includes (by way of a non-exhaustive list):
Financial information associated with managing your account with us, including bank account numbers and account transactions;
Investment details including aims and/ or objectives, and risk profile;
Regulatory requirements, such as country of tax residency, tax identification number, signature, death and marriage certificates, appointed power of attorney, appointed court of protection order, bankruptcy orders, deed of change of name, and trust deed;
Information about other people you are financially linked to (e.g. your spouse) or who have an interest in our association with any of your accounts (e.g. where you have opened an account for the benefit of a child);
New account information, including date of birth and/ or age, city or country of birth, and nationality;
Employment status including whether you are employed, retired or receive benefits;
Proof of identification information, which may include a copy of your driver’s license, passport, or other appropriate identification documentation (depending on what you provide to us); and
Any other relevant information provided by you to us in correspondence, whether by email, written letter, or telephone call.
There may be some instances where we receive information about you from a third party. This includes (by way of a non-exhaustive list):
Information received when you use an investment professional to make an application with us;
Information received from any fraud protection agency in relation to you, your account or any of your investments;
Background checks including information from social media; and
Events which you registered for and/ or attended that featured Arlas products.
In addition to the categories of information described above, Arlas will also process further anonymized information and data that is not processed by reference to a specific individual. Your information may be converted into statistical or aggregated data which cannot be used to re-identify you. It may then be used to produce statistical research and reports which may be shared within Arlas and its partners.

How and why we use information

We process your information to the extent necessary for us to carry out investment activities, provide communications to you, meet our regulatory obligations and for other legitimate purposes permitted by applicable law. Your information may be stored and processed by us in the following ways and for the following purposes (by way of a non-exhaustive list):
Opening of accounts, administering and managing your investment account(s) (as applicable), updating your records and tracing your whereabouts to contact you about your account;
Understanding your needs and interests;
Allowing you to use and access the functionality provided by our website services;
Communicating with you, where you have requested or consented, regarding any product or service or any other situation where you have engaged us to provide you with information;
Recording of incoming and outgoing calls for training, monitoring, and security purposes;
Ensuring the security of your investments by obtaining and/or verifying instructions either directly from you or through an agent appointed to act on your behalf;
Notifying you about any change to your investments, and/ or to contact you about and enable you to exercise any rights in relation to your investments;
Investigating any complaint, dispute and/ or any concerns relating to your investments and/ or activity on your account;
Identification verification, money laundering and other checks to confirm your identity and to ensure that the investments which we handle for you are done in compliance with our legal obligations;
Maintaining a register of investors;
Reviewing and improving the performance of our website and your use of it (including any personalization which you may have indicated and which we have retained using cookies (refer to our Cookie Policy for additional information));
Managing and administering our business;
Complying and assessing compliance with applicable law, rules and regulations and internal policies and procedures;
Administering and maintaining databases that store information;
For some of our profiling and other automated decision making, which may be relevant to your investments and/or the way we manage your investments;
Anonymization that enables us to undertake market research, analysis and developing statistics from information that is not referenced to a specific individual;
For marketing communications (where it is lawful for us to do so and where you have not objected to the use of your information for these purposes);
To carry out searches at fraud protection agencies during pre-application, at the application stage, and periodically after that; and
To deal with requests from you to exercise your rights under data protection laws.
Whenever we use information, we make sure that the usage complies with all applicable laws. Data protection laws require us to have one or more of the following reasons:
‘Contract performance’ – the information needed to deliver your account, product or service (e.g. We will need to hold your transaction history to give you an account statement).
‘Legal obligation’ – We are required by law to process your information (e.g. to verify your identity).
‘Legitimate interest’ – We are allowed to use your information where, on balance, the benefits of us doing so are legitimate and not outweighed by your interests or legal rights (e.g. we have an interest in knowing what our clients do and don’t like so we can offer better products and services).
‘Consent’ – in some cases we may obtain your consent to use information in a particular way or where the law requires consent to be obtained (e.g. if you give us your consent to send information about new products. Whenever ‘consent’ is the only reason for us to use the information, you have the right to change your mind and change or withdraw your consent).

Sharing your information

We may share your information within Arlas and its partner companies (both in Switzerland and internationally) for the purposes described above. We may also share your information outside of Arlas under the following circumstances.
Legal obligations: we share information: (i) to the extent that we are required to do so by applicable law, by a governmental body or by a law enforcement agency, or for crime prevention purposes (including fraud protection); (ii) in connection with any legal proceedings (including prospective legal proceedings); or (iii) in order to establish or defend our legal rights.
Service providers: we share information with service providers who perform services for us (including cloud services, data storage, sales, marketing, investigations, and customer support). Our contracts with our service providers include commitments that they agree to limit their use of information and to comply with privacy and security standards at least as stringent as the terms of our Privacy policy.
Third-party relationships: we share your information with affiliated third parties including financial institutions such as investment advisors, administrators or compliance advisors. These third parties will be subject to appropriate data protection obligations and they will only use your information as described in our Privacy policy.
Consent: when you request that we share your information with someone else (for example if you engage the services of a professional advisor after you have become a client of ours and request that we provide information about your account to that professional advisor) or when we have otherwise obtained your consent. If we share information other than permitted or described above, we will provide you with a choice to opt in to such sharing and you may choose to instruct us not to share the information.
Business sale: if we sell some or all of our business or assets we may need to disclose your information to a prospective buyer for due diligence purposes. If we are acquired by a third party, the information held by us about you will be disclosed to the third-party buyer.

Your rights

You have the following rights under data protection laws. In most cases you can exercise them free of charge. If your investment is through one of our non-Swiss companies, you may not be entitled to all of the rights set out in this section.
You have the right to:
Be informed about the processing of your information;
Have your information corrected if it is inaccurate and to have incomplete information completed;
Object to or restrict processing of your information. Please note that there may be circumstances where you object to, or ask us to restrict our processing of your information but we are legally entitled to refuse that request;
Withdraw your consent to processing of your information at any time. Please note, however, that we may still be entitled to process your information if we have another legitimate reason for doing so (e.g. we may need to retain information to comply with a legal obligation);
Have your information erased in certain circumstances. Please note that there may be circumstances where you ask us to erase your information but we are legally entitled to retain it;
Request access to your information and to obtain information about how we process it;
Move, copy or transfer your information;
Receive some information in a structured commonly used and machine-readable format and/ or request that we transmit that data to a third party where technically feasible. Please note that this right only applies to information which you have provided directly to Arlas and may not always apply;
Lodge a complaint with the relevant data protection regulator if you think any of your rights have been infringed by us; and
Be informed of how your information is used in relation to automated decision making which has a legal effect on you or otherwise significantly affects you.
Please note that if you withdraw your consent for the future processing of your information, we may be unable to send you some marketing communications or information regarding events sponsored by Arlas. Additionally, note that, when we send you marketing, you will always be provided with an option to unsubscribe or opt out of receiving further marketing from us.
If you have any questions or concerns regarding our Privacy policy, or regarding how we process your information, please contact us via email at privacy@Arlascapital.com

Storage, transfers and retention

The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (the “EEA”). It may be processed by staff operations outside the EEA who work for us or for one of our service providers.
When we transfer your information to another country outside the EEA, we will ensure that it is protected and transferred in a manner consistent with legal requirements. In relation to information being transferred outside of the EEA, for example, this may be done in one of the following ways:

  • The country that we send the information to might be approved by the European Commission as offering an adequate level of protection for information;
  • The recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your information;
  • The country that we send the information to may subscribe to an “international framework” intended to enable secure data sharing;
  • Where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
  • In other circumstances, the law may permit us to otherwise transfer your information outside the EEA.

You can obtain more details of the protection given to your information when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your information) by contacting us via email at privacy@arlascapital.com
We will retain information as needed to fulfill the purposes for which it was collected. We will retain and use your information as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements. We will not retain your information for longer than is reasonably necessary.

Security

We have physical, administrative, procedural and technical safeguards in place to protect your information from unauthorized access, use or disclosure. We also contractually require that our third-party service providers protect such information in accordance with the standard required in the EEA. We regularly adapt these controls to respond to changing requirements and advances in technology.
As a condition of employment, Arlas employees are required to follow all applicable laws and regulations, including data protection laws. Access to sensitive information is limited to those employees who need it to perform their roles. Unauthorized use or disclosure of confidential client information by an Arlas employee is prohibited and may result in disciplinary measures.