Privacy Policy

1741 Fund Solutions AG, based in St. Gallen and its branch in Richterswil, and 1741 Fund Management AG, based in Vaduz and its branches in Luxembourg and Austria (hereinafter “1741 Group”) are committed to protecting personal data. A high level of data protection and data security is important to the 1741 Group, especially to protect your privacy. Our data protection declaration is divided into the following areas:

1. General information
2. Information for visitors to this website
3. Information for contractual partners of the 1741 Group
4. Information for applicants

In the event of any contradictions between the different information, the special information (sections 2-4) take precedence over the general information (section 1).

1         General information

1.1         Principle and scope

The following information provides a simple overview of what happens to your personal data when you visit this website or enter into a contractual relationship with the 1741 Group or when you apply to the 1741 Group. Personal data is any data that can be used to identify you. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text. Please note that this data protection information does not apply to websites or legal relationships of other providers to which our website may be linked.

Personal data refers to information that relates to an identified or identifiable natural person. Certain categories of particularly sensitive personal data, such as health data, are specially protected by special legal provisions. The term handling or processing includes all processes in connection with your data, including collection, storage, use, disclosure, archiving or deletion. When processing data, we comply with the Swiss Federal Data Protection Act (DPA), the corresponding data protection ordinance (DPO) and other applicable data protection laws (e.g. the European General Data Protection Regulation, GDPR), insofar as these are applicable.

Below we would like to explain to you what data we collect, for what purpose we use it and what rights you have in relation to your data. If you provide us with data about third parties, we will assume that you are authorized to do so and that the data provided is correct. We therefore ask you to inform the relevant third parties about the processing of their data by us and to provide them with a copy of this data protection information or the relevant product information. If we inform you of an updated version of these documents, we ask that you also pass on these new versions.

In addition, our employees are regularly trained in data protection issues and are subject to a duty of confidentiality. Compliance with data protection regulations within the 1741 Group is monitored.

1.2         Responsible bodies and contact

The person responsible for the processing of data described in this data protection declaration is:

If you have any questions or concerns regarding the processing of your data or your data protection rights towards us, please contact:

1.3         Your rights

In accordance with the applicable data protection regulations and under certain conditions, you have the following rights:

• • • • Right to information: You can request information from us about whether we process your personal data and, if so, what data this is.
      • Right to rectification: You can request that we correct incorrect data or complete incomplete data.
      • Right to deletion: You can request the deletion of your data. Please note, however, that certain legal provisions or legitimate interests may limit our obligation to delete.
      • Right to data portability: Under certain conditions, you can request that we provide you with the data you have provided in a structured, common and machine-readable format.
      • Right to withdraw consent: If the data processing or processing is based on your consent, you can withdraw this consent at any time. Please note that the revocation does not affect the legality of the data processing carried out up to the revocation.
      • Right to withdraw consent: If the data processing or processing is based on your consent, you can withdraw this consent at any time. Please note that the revocation does not affect the legality of the data processing carried out up to the revocation.
      • Right to object: Under certain circumstances, you have the right to object to the processing of your data, in particular for direct marketing purposes or legitimate interests. If the GDPR is also applicable, the following applies with regard to the right to object:

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 PARA. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).

• • • • Right to complain: If you do not agree with how we handle your data, you have the right to contact our responsible body in accordance with point 1.2 or the responsible data protection supervisory authority.

Since the 1741 Group as a group also has companies in the EU, you can assert your right of appeal to the Swiss or Liechtenstein supervisory authority.

Federal Data Protection and Information Commissioner (FDPIC)
Feldeggweg 1
CH – 3003 Bern
Schweiz
Phone: +41 (0)58 462 43 95
E-Mail: info@admin.ch
Homepage: www.edoeb.admin.ch

Data protection office for the Principality of Liechtenstein

Städtle 38
Postfach 684
FL-9490 Vaduz
Liechtenstein
Phone: +423 236 60 90
E-Mail: info.dss@llv.li
Homepage: https://www.datenschutzstelle.li/

Please note that these rights are subject to legal requirements and that exceptions and limitations may apply. In order to exercise your rights, you can contact the responsible bodies and contacts listed under point 1.2 in writing or by email.

1.4         Retention of data

We only store your data for as long as it is necessary for the purposes we have stated or as we are legally or contractually obliged to do so. Data that is no longer necessary for the stated purposes in the future will be deleted by us as part of our regular data maintenance or, alternatively, anonymized.

1.5         Processor

To the extent this is necessary to fulfill the processing purposes, personal data will also be passed on to processors (e.g. IT service providers). These processors provide support and are contractually bound to our instructions. They are also contractually obliged to comply with data protection regulations.

1.6         Transmission abroad

We process and store personal data mainly in Switzerland and the European Economic Area (EEA), depending on the case – for example via sub-processors of our service providers or in proceedings before courts or authorities – but potentially in any country in the world. As part of our work for clients, your personal data can also reach any country in the world.

If a recipient is located in a country without adequate data protection, we contractually oblige the recipient to comply with an adequate level of data protection (for this purpose we use the European Commission’s revised standard contractual clauses, which can be found here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj? can be accessed, including the additions necessary for Switzerland), unless that it is not already subject to a legally recognized set of rules to ensure data protection. We can also disclose personal data to a country without adequate data protection and also without a contractual basis if we can rely on exceptions rules. An exception may apply in particular to legal proceedings abroad, but also in cases of overriding public interests or if the execution of a contract that is in your interest requires such disclosure, if you have consented, or obtaining your consent within a reasonable period of time is not possible and disclosure is necessary to protect your life or physical integrity or that of a third party, or if it concerns data that you have made generally accessible and the processing of which you have not objected to. We may also rely on the exception for data from a legally required register (e.g. commercial register) into which we have legitimately been given access.

2         Information for visitors to this website

2.1         Data collection and processing purpose

On the one hand, your data is collected by you providing it to us. Other data is collected automatically by our IT systems when you visit the website. This is mainly technical data (e.g. Internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

Some of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

2.2         Processing of data

Data processing on this website is generally carried out by the 1741 Group.

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. The processing of this data is usually in connection with the fulfillment of a contract or is necessary for the implementation of pre-contractual measures. In addition, the processing may be based on your consent and/or on our legitimate interests, as we have a legitimate interest in the effective processing of requests addressed to us.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Finally, we may also store and process your data for security reasons and for access control on our website.

2.3         Third-party analysis tools and other tools

When visiting this website, your surfing behavior can be statistically evaluated. This is done primarily with cookies and with so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you.

You can object to this analysis or prevent it by not using certain tools. Detailed information about these tools and about your objection options can be found in the following privacy policy.

2.4         Hosting and Content Delivery Networks (CDN)

Our website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 31 para 2 lit. a FADP; Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 31 para 2 lit. a FADP; Art. 6 para. 1 lit. f GDPR).

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract in the sense of para 1.5 with our host.

2.5         SSL- and TLS-encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, our website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

2.6         Cookies and Server-log-data

2.6.1        Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.

In some cases it is possible that third party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 31 para 2 FADP resp. Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para 1 FADP resp. Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

2.6.2        Server-log-data

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

• • • The type and version of browser used
    • The used operating system
    • Referrer URL
    • The hostname of the accessing computer
    • The time of the server inquiry
    • The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 31 para 2 FADP resp. Art. 6 Para. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

2.7         Analyse-Tools and advertising

2.7.1        Matomo

Our website uses the open-source web analysis service Matomo.The information recorded by Matomo about the use of this website will be stored on our server. Prior to archiving, the IP address will first be anonymized.

Through Matomo, we are able to collect and analyze data on the use of our website-by-website visitors. This enables us to find out, for instance, when which page views occurred and from which region they came. In addition, we collect various log files (e.g. IP address, referrer, browser, and operating system used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting). This consent can be revoked at any time.

IP anonymization
For analysis with Matomo we use IP anonymization. Your IP address is shortened before the analysis, so that it is no longer clearly assignable to you.

Hosting
We host Matomo with the following third-party provider:

walsermedia AG
Meierhofstrasse 4
9490 Vaduz
Liechtenstein

Objection
You can object to data collection: object to data collection

2.8         Plugins and Tools

2.8.1        Google Web Fonts

To ensure that fonts used on this website are uniform, this website uses so-called Web Fonts provided by Google. When you access a page on our website, your browser will load the required web fonts into your browser cache to correctly display text and fonts.

To do this, the browser you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this website. The use of Google Web Fonts is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in a uniform presentation of the font on the operator’s website. If a respective declaration of consent has been obtained (e.g. consent to the archiving of cookies), the data will be processed exclusively on the basis of Art. 6 para. 1 lit. a GDPR. Any such consent may be revoked at any time.

If your browser should not support Web Fonts, a standard font installed on your computer will be used.

For more information on Google Web Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

2.8.2        Google Maps

Via an API, this website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 31 para 2 FADP resp. Art. 6 para 1 lit. f GDPR.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

2.8.3        WordFence

We have integrated Wordfence on this website. The provider is Defiant Inc, Defiant, Inc, 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter “Wordfence”).

Wordfence is used to protect our website from unwanted access or malicious cyberattacks. For this purpose, our website establishes a permanent connection to Wordfence’s servers so that Wordfence can match its databases with the accesses made to our website and block them if necessary.

The use of Wordfence is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting his website as effectively as possible against cyberattacks. If a corresponding consent was requested, the processing is based exclusively on Art. 6 para. 1 lit. a GDPR. The consent can be revoked at any time.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.wordfence.com/help/general-data-protection-regulation/.

Our hosting provider has concluded a contract on commissioned processing (AVV) for the use of the above-mentioned service in the sense of item 1.5. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

3         Information for contractual partners of 1741 Group

3.1         Data collection and processing purpose

The processing is basically carried out within the framework of the fulfillment of the contractual relationship. The data processing is necessary to protect our legitimate interest in the fulfillment of the contract, to maintain and expand the customer relationship and for the mutual fulfillment of the resulting obligations. The following list is intended to provide a good overview of relevant purposes, but it does not claim to be complete. Your personal data will be processed:

• • • • • to identify the data subject as a customer, officer or representative of a company;
        • to provide you with appropriate advice;
        • to communicate with you;
        • for billing purposes;
        • to conduct conflict of interest reviews;
        • to inform you of events or important legal developments.

3.2         Processing within the scope of the contractual relationship

Within the framework of the contractual relationship, the 1741 Group processes the data provided by you (e.g. name, address, contact details, CVs, copies of IDs, registration certificates, training certificates, employer’s confirmation, insurance certificates) as well as those that arise as a result of the contractual relationship. These data are categorized and listed in more detail under “Data categories”. The processing and transmission of data is carried out for compliance with regulatory requirements and for compliance with recording, information and reporting obligations, insofar as this is required by law or standards or contractual obligations, including correspondence in these matters.

3.3         Failure to provide necessary data

If the provision of personal data for data processing is required by law, contractually agreed or necessary for the conclusion of a contract, the failure to provide the data may result in the 1741 Group being unable to fulfill its obligations towards you.

3.4         Data categories

The 1741 Group processes the following data categories or only parts thereof. The following data categories are intended to provide a good overview of relevant categories, but they do not claim to be complete.

3.4.1        Natural person

• • • • • Citizenship, place of birth, mandate-related necessary information.
        • Salutation, first name, last name
        • Valid e-mail address
        • Address, telephone number
        • Telephone number
        • Nationality, if applicable, date of birth
        • Information required within the framework of the contractual relationship.

3.4.2        Legal entity

• • • • • Citizenship, place of birth, mandate-related necessary information.
        • Salutation, first name, last name
        • Valid e-mail address
        • Address, telephone number
        • Telephone number
        • if applicable, place of birth, nationality, date of birth
        • If applicable, function in the company
        • Information required within the framework of the contractual relationship.

3.5         Recipients or categories of recipients

Personal data will not be transferred to third parties for purposes other than those specified in Section 4. Insofar as it is necessary for the performance of the contract, personal data may be transmitted to third parties. This includes in particular the transmission to other parties involved in the contract, opposing parties to the proceedings and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of communication as well as advice and/or representation of the contracting party.

Personal data may also be transferred to other companies of the 1741 Group as well as to processing third parties, including data for the identification of potential conflicts of interest and for the purpose of general customer management as well as information on events or important legal developments.

The transmitted data may be used by the respective third party exclusively for the stated purposes. The attorney-client confidentiality obligation remains unaffected.

4         Information for applicants

4.1         Data collection and processing purpose

We process the data you have sent us in connection with your application in order to assess your suitability for the position (or other open positions in our companies, if applicable) and to carry out the application process.

We use Microsoft Corporation’s “Teams” tool to conduct job interviews online as needed. When using “Teams”, various types of data (video, usage and contact data) are processed. For more information, please see sections 4.4 and 4.5 below.

We do not plan to process any special categories of personal data from you. This includes data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as the processing of genetic data, biometric data uniquely identifying a natural person, health data, or data concerning a natural person’s sex life or sexual orientation. If you provide us with such personal data on your own initiative, the processing by us also includes such data.

4.2         Basis

The permissibility of data processing in Switzerland is fundamentally based on the principles of Art. 6 DPA. Further legal bases according to GDPR are described as follows:

• • • • The processing of your personal data in the application process is primarily governed by Art. 6 (1) b) GDPR. Accordingly, the processing of those data is permissible that are required in connection with the decision on the establishment of an employment relationship. This also includes the use of the online applicant portal.
      • – If the use of “Teams” is an elementary part of conducting an effective job interview, Art. 6 (1) lit. f) GDPR is the legal basis for data processing. In these cases, our interest is in the effective conduct of “online meetings”.
      • – If you have given your consent to be included in our applicant pool for a period of 12 months, Art. 6 (1) a) GDPR is the legal basis for our processing.
      • Should the data be required for legal prosecution after completion of the application process, data processing may be carried out on the basis of the requirements of Art. 6 GDPR, in particular to safeguard legitimate interests pursuant to Art. 6 (1) f) GDPR. Our interest in these cases is either the assertion or defense of claims.

4.3         Storage duration

Data of applicants will be deleted after 6 months in case of rejection. In the event that you have agreed to further storage of your personal data, we will transfer your data to our applicant pool. There, the data will be deleted after 24 months. If you are awarded a position during the application process, your data will be transferred from the applicant data system to our personal information system.

4.4         Data transfer

Your application data will be reviewed by the HR department after receipt of your application. Suitable applications are then forwarded internally to the department managers for the respective open position. The further procedure is then coordinated. In principle, only those persons in the company have access to your data who require this for the proper conduct of our application process. For cross-company applications for open positions, we pass the data on to the respective companies.

Any audio, video or chat content is also only processed during the respective online meeting. “Teams” is a Microsoft 365 online meeting product that we use via the service provider Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown Dublin 18, Ireland by way of so-called commissioned processing.

Your applicant data may also be disclosed to third parties if we are legally obliged to do so – e.g. by court order (legal basis for processing: Art. 6 (1) (c) GDPR) or if this is necessary to support criminal or legal investigations or other legal investigations or proceedings at home or abroad or to fulfill our legitimate interests (legal basis for processing: Art. 6 (1) (f) GDPR).

4.5         Processing location

The data is processed and stored exclusively in data centers in the European Economic Area (EEA) or Switzerland. Due to the routing of data via Internet servers, we cannot exclude the possibility that further data processing may occur outside the EEA. This may be the case in particular if participants in “Teams” are located in a third country.

However, the data is encrypted during transport via the Internet and thus protected against unauthorized access by third parties.

4.6         Failure to provide necessary data

The provision of personal data is necessary in order to carry out the application process with you and later to conclude an employment contract with you. You are not obliged to provide us with this personal data. If you do not provide us with the personal data required for the selection process or the conclusion of an employment contract, we may not be able to consider you in the application process.

Update

This data protection information is not part of the contract and can be changed by us at any time. The version published here applies in each case.

Last updated on September 1, 2023.