Dataware Intelligence SA, Switzerland (\u201cDataware\u201d, \u201cwe\u201d, \u201cus\u201d, \u201cour\u201d<\/b>) produces and maintains several databases (specific collection of data) that are archives of publicly available information ordered according to different area of interest. The contents of the databases are available only to public authorities and public or private firms under the legal obligation to carry-out anti-money laundering, anti-terrorism financing (\u201cAML\u201d<\/b> and \u201cCFT\u201d<\/b>) and Know Your Customer (\u201cKYC\u201d<\/b>) screenings. Please note that Dataware does not conduct any personal investigative or factfinding activity or give any indication, assessment or score to any record we hold. International and domestic law globally are quite clear by imposing on specific activities, such as banks, financial intermediaries, fiduciaries and specific categories of businesses enhanced screening obligations to prevent the misuse of financial or professional services.<\/p>\n
This Privacy Policy is addressed to data subjects (\u201cData Subject\u201d, \u201cyou\u201d, \u201cyour\u201d) whose personal information is contained in Dataware databases (all together \u201cDatabase\u201d<\/b>).<\/p>\n
This Privacy Policy explains how Dataware collects, processes, discloses, stores and protects information about you in the
\ncontext of our Database. It also provides information about your rights and about how you can contact us if you
\nhave questions about how we handle your information.<\/p>\n
This Privacy Policy is based on the \u201cBundesgesetz \u00fcber den Datenschutz\u201d 1992 as amended (\u201cDSG\u201d<\/b>) [Swiss Federal Act on data protection: https:\/\/www.fedlex.admin.ch\/eli\/cc\/1993\/1945_1945_1945\/en<\/u>]. Dataware is authorized to treat and process personal data pursuant to those laws and regulations and by the Swiss Eidgen\u00f6ssischer Datenschutz- und \u00d6ffentlichkeitsbeauftragter (\u201cED\u00d6B\u201d<\/b>) [Swiss Federal data protection and information commissioner: https:\/\/www.edoeb.admin.ch\/edoeb\/en\/home.html<\/u>]. Although the GDPR is a regulation of the European Union, it is of relevance to us. Furthermore, this Privacy Policy is also based on the General Data Protection Regulation (Regulation EU 2016\/679: https:\/\/eur-lex.europa.eu\/legal-content\/EN\/TXT\/PDF\/?uri=CELEX:32016R0679&from=EN)<\/u> as amended (\u201cGDPR\u201d<\/b>), in particular on its UK implementation of the GDPR UK \u201cData Protection Act\u201d 2018 (\u201cDPA\u201d) as amended (https:\/\/www.legislation.gov.uk\/ukpga\/2018\/12\/contents\/enacted). Our European Representative and Data Protection Officer (\u201cDPO\u201d) is Moore ClearComm Ltd, 6th Floor, 9 Appold Street, London, EC2A 2AP, UK, dpo@dataware.link. In this document we shall refer to the above mentioned DSG, and GDPR as implemented by DPA definitions and rules.<\/p>\nContent of this Privacy Policy<\/h3>\n
This Privacy Policy only refers to our Databases. For general information about privacy, please refer to our Privacy Policy for Website Users published on this website.<\/p>\n
Dataware Databases process information in the public interest as defined and explained pursuant to DSG, GDPR and DPA provisions, since such information allows Dataware customers (or prospects under free trial) (collectively \u201cCustomers\u201d<\/b>) to better fulfil their legal obligations related to AML\/CFT, KYC and due diligence requirements, to prevent and protect themselves against bribery\/fraud\/corruption and other unlawful acts, to lower the risk of misuse of professional or financial services and to verify monetary transactions to detect suspicious money flows (all together, \u201cChecks\u201d<\/b>). Dataware Customers are Regulated entities such as banks, insurances, asset managers, listed companies, public notaries, law firms, accountancy firms or other subjects\/firms\/entities obliged pursuant to AML, CTF, KYC to perform screening activities in accordance with their regulatory obligations and risk management procedures carried out in both their legitimate interest and in the public interest (\u201cRegulated Entities\u201d<\/b> or \u201cRE\u201d<\/b>).<\/p>\n
Dataware offers a preliminary instrument to perform Checks, however Customers must carry out additional searches against names of their prospects, clients or counterparties, in order to verify, enhance or supplement their Checks. Should a Customer find information about you in Dataware Database, this does not mean that either the person named by the source is actually you or that everything contained in publicly accessible data is accurate, complete, updated or correct. Customers are obliged to take further steps to verify the identity, interpretate the information and to determine how to use it. We inform our Customers that they cannot rely solely upon personal data and information found on Dataware Database, but they must perform independent Checks and double check the identity and the accuracy of the personal data we collect and decide discretionary for themselves whether to conduct business with the individual or the entity they are verifying.<\/p>\n
The inclusion of information about you on Dataware Database does neither prevent RE from doing business with you nor should automatically be taken by the RE to draw any particular inference (negative or otherwise) about you. Customers are and shall remain solely responsible for verifying the suitability of the data provided by Dataware and for adequately analysing the information for the purposes pursued in relation to the professional use for which it is intended, compliantly with the rules and regulations governing AML and CFT and with the applicable privacy rules and regulations in force.<\/p>\n
The fact that RE make use of our Database does not exempt them from ensuring the accuracy of personal data they process, so that this must be verified with their prospects, clients or counterparties before any action is taken by the RE. Dataware shall in no way be liable for the discretionary decisions or assessments made by the Customer based on the information contained in the Database. RE are also obliged to verify multiple sources of information, such us declaration of their prospects, clients or counterparties, internet information, newspapers or media. Customers undertake to use the Database only to accomplish AML and CFT regulations, to keep access credentials safe, guaranteeing their confidentiality and preventing them from being used improperly, being the Customer solely responsible for any use and decision thereof.<\/p>\n
From which source the personal data originate \u2013 publicly accessible sources Your information is included on Dataware Database only if it is a publicly accessible data, found in publicly available, official or reliable\/reputable or authoritative sources which are relevant for Checks<\/p>\n
Special care has been taken in the selection of the sources. We put our best effort to examine the public available sources and ensure that information we hold about you is accurate, updated, relevant and not excessive, however, the correctness, completeness and update of our information depends on the correctness, completeness and update of the source of information and its constant publicly accessible nature.<\/p>\n
The lawful bases for Dataware processing personal data, including special category of personal data relating to criminal convictions and offences, are set out in particular under: Article 31 of the DSG; Articles 6, 9 and 10 of the GDPR; Articles 8, 10, 11 and Schedule 1 of the DPA.<\/p>\n
At least one of these must apply whenever personal data is to be processed:<\/p>\n
As mentioned, because the RE has a specific duty to screen their clients\u2019 database and collect information about
\nexisting client, prospect or counterpart to:<\/p>\n
and because this duty is set out by AML\/CFT legislation enacted at a worldwide level, the Dataware and RE have a legitimate interest in processing personal data.<\/p>\n
Your information is typically included on Dataware Database if a publicly accessible data indicates that:<\/p>\n
Dataware Database may contain the following types of information about you:<\/p>\n
The date can refer to a calculated year. The calculation can only approximate to the exact year of birth (+\/-1 year) as it is based on the age of the subject at the time of collection.<\/p>\n
Dataware does not distribute personal data on its Database to the general public.<\/p>\n
Access to the servers is only allowed to specific IP addresses (server administrators) that access them through personal and confidential credentials, which are changed periodically.<\/p>\n
We make Dataware Database information available to a limited number of subjects:<\/p>\n
We use physical, IT, electronic and managerial measures to keep your personal information secure, accurate and relevant.<\/p>\n
These policies and measures include:<\/p>\n
We also impose contractual restrictions on Customers, counterparts and business partners requiring them to exclusively use information on Dataware Database only in connection with Checks or to pursue their contractual duties with us or with final common Customers.<\/p>\n
The data collected in our Database will be processed and transferred also outside the European Economic Area (EEA), in Switzerland or other countries categorized by Switzerland or the European Commission as having adequate data protection legal and regulatory regimes. If we send personal data to a country that does not have appropriate data protection legislation, nor is deemed as an adequate country under the adequacy rating of Switzerland or the European Commission, we will ensure an appropriate level of protection by using binding corporate rules, standard contractual clauses or ad hoc contractual clauses that stipulate that the data will be processed in accordance with the DSG and the DPA. At any time, you have the right to request information about the contractual guarantees mentioned. However, we reserve the right to censor copies, or to supply them only in part to protect the privacy of any third parties mentioned or to protect our confidentiality duty.<\/p>\n
How long your data is held in Dataware Database will depend on type of information we hold about you, AML\/CFT\/KYC requirements and related jurisprudence and doctrine.<\/p>\n
As a general not exhaustive information, we base on the following criteria to calculate retention periods for your personal information:<\/p>\n
We will honour the privacy rights you have under DSG, GDPR and DPA applicable to Dataware, i.e.:<\/p>\n
Restrictions on Data Subject\u2019s rights are provided for by Articles 30.3, 31 and 32 of the DSG and by Article 15 and 26 of the DPA, especially in connection with a public interest or \u201cin connection with the safeguarding of national security and with defence\u201d.<\/p>\n
Please note that any right you may have to request information, updates or deletions to your personal data on Dataware Database is not absolute and we may be lawfully permitted to refrain from making any disclosure, update or deletion to your personal data on SGR Database: should this be the case, we will explain to you why.<\/p>\n
If you decide to exercise any of your rights, we will ask for information to verify your identity. This is also done to keep your privacy safe. Any identification evidence that you provide will only be used to verify your identity with the intent to answer your requests. In case you decide to proceed with a request to update or remove your personal data from Dataware Database, we will need a written explanation of your request to assess it against applicable laws.<\/p>\n
Depending on the nature of the request and the personal data involved, we may also ask you to provide supporting information and\/or documentation. There are limits to the rights that you have in relation to your personal data and in certain circumstances we may not be required or able to meet your request, or we may meet your request partially. Where this occurs, we will provide you with an explanation of the legitimate basis on which we are unable or not required to meet your request. Once a decision has been made on a request to update or remove personal data on Dataware Database, that decision will be communicated to you.<\/p>\n
We operate many controls to prevent incorrect or inaccurate data from being processed on Dataware Database. It is critical for us to ensure the accuracy and relevance of personal data on Dataware Database. Dataware simply collects public information from publicly available sources. However, because of the nature of public domain data, we cannot discount that data we process may contain some errors or become outdated. Therefore, if you find an error in any personal data that we process, fill out the form at the following link: https:\/\/www.dailycontrol.com\/u\/data_subject_requests<\/a>.<\/p>\n If you wish to submit a request to exercise any of your rights thinking that you are present in Dataware Database, please fill out the form at the following link: https:\/\/www.dailycontrol.com\/u\/data_subject_requests<\/a>.<\/p>\n We may modify or amend this Privacy Policy from time to time.<\/p>\n Any future changes or additions to the processing of personal information as described in this Privacy Policy affecting you will be communicated to you through updating of this Privacy Policy.<\/p>\n ED\u00d6B is responsible to advise, educate and ensure the protection of personal data in Switzerland.<\/p>\n Office of the ED\u00d6B is at<\/p>\n Feldeggweg 1 CH \u2013 3003 Berne<\/p>\n Telephone: +41 (0)58 462 43 95<\/a> (mon. \u2013 fri. 10-12 am)<\/p>\nHow to contact us<\/h3>\n
Changes to this privacy policy<\/h3>\n
Supervisory Authority<\/h3>\n