Terms and conditions

Limitation of liability

SFMA takes care when preparing and maintaining the information published on this website. Even so, SFMA cannot guarantee that the content is accurate, reliable, current or complete at all times. Statements about legal matters are provided for general orientation only and do not constitute binding legal information, advice or an official legal opinion of SFMA.

SFMA may change, supplement or remove website content, wholly or partly, at any time and without prior notice.

SFMA accepts no liability for material or immaterial loss or damage arising from access to published information, reliance on it, use or non-use of it, misuse of the connection, interrupted availability or technical faults.

Links

Links to websites operated by third parties are outside SFMA's area of responsibility. Anyone who opens or uses those websites does so at their own risk. SFMA has no control over the content, security, availability or services of linked third-party pages.

The operators of the linked websites are solely responsible for the information and services they provide. SFMA assumes no liability for third-party websites or web services.

Copyright

The information on the SFMA website is publicly accessible. Downloading or copying text, images, photographs or other data does not transfer any rights in that content.

Copyright and any other rights in text, illustrations, photographs and other data available on this website remain with SFMA or with any other rights holder expressly named. Reproduction, publication or other reuse requires the prior written consent of the relevant rights holder unless the law permits the use.

Using the SFMA logo

The SFMA logo, including its design, may not be used or reproduced without permission.

Privacy notice

This notice explains what personal data SFMA may process when people use the website, online forms, account functions, analytics features or embedded third-party services.

General information

SFMA collects only the personal data it needs to operate this website, provide online services, respond to enquiries and perform its tasks. Stored data is managed carefully and protected against misuse.

Article 13 of the Swiss Federal Constitution and federal data protection law protect privacy and personal data against misuse. SFMA observes these requirements when operating this website and the related web services.

Scope of application

This privacy notice applies to the SFMA website, to web services operated by third parties on behalf of SFMA and to personal data collected through those websites or services. SFMA may amend this notice at any time without prior notice.

If SFMA pages link to websites or services offered by other providers, the privacy notices and policies of those providers apply to their own pages and services. Some web services operated by third parties for SFMA may also have additional data protection rules for their specific use.

External links

SFMA has no influence over external pages to which it links, or over external pages that link to SFMA content. SFMA therefore gives no warranty that external pages are accurate, secure or free from harmful software. Responsibility for information and services on linked pages remains entirely with the third party concerned.

SFMA accepts no responsibility or liability for such websites or web services.

What happens to your data when you use the SFMA website and services?

The following sections describe the main categories of data processing connected with normal website use, forms, account functions, analytics, cookies and external services.

a) Retention and erasure

Personal data is processed only to the extent needed to provide a properly functioning website or service, to offer user-friendly content and services, or to handle data that you have actively provided to SFMA.

Personal data collected by SFMA is retained only for as long as needed for the relevant purpose. Certain data may be kept for longer where statutory retention duties or other legal obligations require this.

b) Data stored when completing a form

If you complete a form on this website, such as a report or contact form, SFMA processes the information you provide to the extent necessary to handle the form, fulfil the processing purpose or respond to your request. Information is normally provided voluntarily. Fields are marked as mandatory only where the information is needed to perform a statutory task or to deal with your request or enquiry.

These data are erased no later than the expiry of the applicable statutory retention period.

c) Data stored for account or subscription functions

If SFMA offers personal login, subscription, notification or download-list functions, the data needed to operate those functions may be stored. This can include name, email address, password in encrypted form, language preference, subscriptions and saved settings.

Personal data linked to such an account is erased when the account is no longer registered, unless a legal duty requires longer retention.

d) Data stored for web analytics and operating purposes

When you access the SFMA website or services, technical and usage data may be stored. This may include the IP address, anonymised geolocation if enabled in the browser, date and time, browser language, visited pages, duration and number of visits, downloaded files, clicked links, browser version, operating system and campaign access channel.

SFMA may evaluate this information to improve communication, maintain the website and monitor operating capacity. Where analytics tools are used, IP addresses are anonymised before evaluation so that data protection requirements are taken into account.

Data collected for analytics and operating purposes remains under SFMA's control and is used only for the specified purposes. It is not sold or combined with unrelated data records.

e) Cookies

SFMA pages may use cookies to make the website and services easier to use and to enable certain functions. Cookies are small text files stored on your device. Session cookies are usually deleted at the end of the browser session. Other cookies may remain on your device and allow recognition on a later visit.

You can prevent cookies from being stored by restricting or disabling cookie storage and reading in your browser. Some website or service functions may not work fully without cookies.

f) Social networks and third-party services

SFMA may maintain accounts or profiles on social networks and video platforms, and may embed third-party services such as videos, social media content or verification tools into its website. These services are provided and operated by third parties and have their own data protection provisions.

When embedded third-party services are used, technical data may be transmitted automatically to the relevant provider. If you also have an account with that provider, the provider may be able to associate the transmitted information with your account.

SFMA has no control over the collection, storage location, retention period, analysis, linking or disclosure of data by these operators. The most important third-party providers and their privacy information are listed in the Page Links section where applicable.

Your rights

You may request information about the processing of your personal data by SFMA free of charge. A request for information should be made in writing, signed and accompanied by a copy of an identity document, such as a passport or identity card, and sent to: Swiss Financial Market Authority SFMA, Legal and Compliance, Hirschengraben 8, 3011 Bern, Switzerland.

You may also have further statutory rights, including rights to erasure, correction, restriction of processing and data portability. Collection and storage of log-file data is necessary for providing and operating the website and services; users therefore cannot object to this processing where it is required for operation.

Data security

When you use the SFMA website and web services, data communication is encrypted using TLS together with the strongest encryption level supported by your browser. A closed lock symbol in the browser address bar indicates that a page is transmitted in encrypted form.

For general data processing, SFMA uses appropriate technical and organisational measures to protect data against accidental or intentional manipulation, partial or complete loss, destruction and unauthorised access by third parties. These measures are aligned with the current state of the art.

Operation and external partners

The web servers used to operate the website and services are technically maintained in Switzerland by Swiss providers where possible. Individual services may also be provided by external partners.

SFMA is responsible for the data processing described in this notice. Questions about data processing or concerns that SFMA may be infringing your rights in connection with personal data may be sent through the contact page or by email to info@swissfma.com.

September 2023