Provisions on the protection of personal data and the use of cookies and tracking technologies

The following provisions form an integral part of b-sharpe’s Terms and Conditions and must be read in conjunction with them.

A. Introduction

1. Definition and liability

1.1. For the purposes of these provisions, the term ‘personal data’ (‘personal data’ or ‘data’) refers to any information relating to an identified or identifiable natural person (‘customer’, ‘user’ or ‘data subject’).

1.2 b-sharpe, Pont-Rouge, Esplanade 2, 1212 Grand-Lancy (UID: CHE-113.223.739) is responsible for the way in which its customers’ personal data is collected, used and protected. b-sharpe has appointed Ms Jennifer Tchakouté as Data Controller. In this capacity, Jennifer Tchakouté will not only act as the internal point of contact for data protection matters but will also liaise with the Federal Data Protection and Information Commissioner (FDPIC).

2. Purpose and background

2.1 The protection of privacy, customer data and financial information is a priority for b-sharpe. This document and b-sharpe’s Terms and Conditions set out the principles governing how b-sharpe processes and collects all its customers’ personal data.

2.2 These provisions set out in detail b-sharpe’s internal policies regarding the use, protection and security of data collected by b-sharpe, with a view to obtaining the necessary consent for the processing of such data. For security reasons, b-sharpe’s internal policies cannot be shared or published. b-sharpe’s Security Officer and Data Controller are available to answer, as far as possible, any questions from customers and users regarding b-sharpe’s internal policies (see Article 13 below).

3. Confidentiality and compliance with applicable laws

b-sharpe treats the data it collects with the utmost confidentiality, in accordance with applicable law.

4. User declaration

By using the Website, platforms and services of b-sharpe, the customer or user consents to the information they provide being used by b-sharpe in the course of its business and in accordance with these terms and conditions. The Customer confirms that all data they provide to b-sharpe is accurate and complete.

B. Data collection and processing

5. Data collected

5.1 b-sharpe collects and processes data or information from customers or potential customers primarily when they open an account and/or use b-sharpe’s platforms or services. In addition, b-sharpe collects and processes personal data that it receives directly from its customers in the course of the contractual relationship. In particular, b-sharpe collects the following personal data:

• Personal identification data (including, for example, full name, date of birth, age, nationality, gender, signature, invoices, photographs, telephone number, postal address and/or email address);
• Information regarding employment and income;
• Financial data (including, for example, account/contract number and other account details);
• Data on transactions and the economic background to the transactions and the contractual relationship;
• Data required for effective marketing (including, for example, preferences regarding the use of the services offered);
• Data collected when accessing the content of the Website/platform (including, for example, the date and time of access, IP address, cookies, etc.);
• Data enabling the identification of the customer, the beneficial owner and/or the ultimate beneficial owner in accordance with the ‘Anti-Money Laundering’ document.

5.2 Subject to the prior explicit or implied consent of the parties concerned, b-sharpe is entitled to record telephone conversations for security reasons or as evidence.

5.3 b-sharpe may also receive information from banks and financial institutions used by its customers to transfer money when using its services, or on behalf of its business partners (including, for example, partners specialising in criminal background checks, political exposure or identity checks, credit reference agencies, etc.)

5.4 b-sharpe also collects certain personal data from publicly available sources (including, for example, debt collection registers, land registers, commercial registers, the press, the internet, etc.). In order to comply with the NLPD, b-sharpe states that it will inform its users of any collection of personal data not provided by them.

5.5 Where b-sharpe needs to collect information required for its services and a user fails to provide such information when requested, b-sharpe may not be able to provide its services to that user.

6. Data processing

6.1 b-sharpe processes its customers’ personal data in accordance with the law, in particular for the following reasons:

• To provide its services (including, for example, registration on the platform and the creation of a customer profile);
• To fulfil its obligations towards its customers and business partners;
• To optimise, develop and manage the Website, the platform and its services;
• To inform its customers of changes to its services;
• To comply with legal and regulatory requirements, such as the obligations arising from the Money Laundering Act (see the document ‘Anti-Money Laundering’);
• To exercise its rights and defend itself in the context of disputes and legal or administrative proceedings.

6.2 Where the client’s or user’s prior consent is required by law for the processing of their data, b-sharpe will obtain such consent before commencing data processing. If consent is not given, b-sharpe may not be able to provide its services to the client or user in question.

6.3 Insofar as the processing of data is subject to the European Union’s General Data Protection Regulation (GDPR), the legal bases for the processing will be as follows:

• Necessity of processing for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the data subject’s request;
• The necessity of processing to comply with a legal obligation to which b-sharpe is subject;
• The necessity of the processing for the purposes of the legitimate interests pursued by b-sharpe or by a third party, unless the interests or fundamental rights and freedoms of the data subjects take precedence;
• The data subject’s consent to the processing of their personal data for one or more specific purposes.

7. Newsletters and communications regarding our services

7.1 On the Website, prospective customers and interested parties can subscribe to the newsletter by providing certain personal details as requested in the form. To ensure that the request comes from the correct person, a confirmation email will be sent (double opt-in). The information will only be recorded once this confirmation message has been validated.

7.2 b-sharpe customers are automatically subscribed to the newsletter. They are also subscribed to service-related communications. The purpose of these communications is to notify customers of:

• Any change or temporary or permanent interruption to b-sharpe’s services, its applications or software;
• Any new features or version updates to b-sharpe’s services, applications or software;
• Any changes to b-sharpe’s Terms and Conditions or other terms of use.

7.3 b-sharpe collects, via its email distribution service, information about newsletter subscribers, as well as their IP address and the date and time of registration. The information collected will be used solely for the purpose of sending newsletters. The newsletters contain tracking codes that enable the compilation of statistics, including open rates and click-through rates.

7.4 b-sharpe may tailor the language and content of its newsletters to the recipient’s region. This region is derived from the IP address recorded when subscribing or opening a message, at country and city level. It does not rely on any geolocation of the device and is used solely to select messages suited to the recipient.

7.5 You may unsubscribe from the newsletter at any time by clicking on the ‘unsubscribe’ link included in all newsletters or by submitting a request directly via the Website. For b-sharpe customers, it is not possible to unsubscribe from communications relating to services or from any other communications concerning the establishment and fulfilment of b-sharpe’s contractual or legal obligations.

7.6 When registering with b-sharpe, customers provide their mobile phone number. b-sharpe uses it to send them text messages (SMS): two-factor authentication codes, transaction confirmations, the incomplete registration reminders described in section 8 and, where they have consented, marketing communications.

7.7 Marketing text messages are sent only to customers who have expressly agreed to receive them by ticking the box provided for this purpose during registration. This consent is optional and is not a condition for opening an account. Message frequency varies. Depending on their plan, the customer’s mobile operator may charge for receiving them.

7.8 Customers may withdraw their consent to marketing text messages at any time by following the unsubscribe instructions included in each of them or by submitting a request to b-sharpe. Two-factor authentication codes and transaction confirmations will continue to be sent, as they are necessary for account security and the provision of the services.

7.9 Text messages are sent through specialised service providers, in particular Klaviyo, Inc. (United States). Telecommunications operators deliver them to the customer. The phone number and consent are passed on to them solely for the purpose of sending the messages.

8. Incomplete registration

8.1 Customers who have registered with b-sharpe but have not completed their registration will receive reminder emails from b-sharpe. These emails are sent automatically based on timestamp information and the email’s open status. These reminders are sent via the email distribution service.

8.2 You can stop receiving these reminder emails at any time by clicking on the ‘unsubscribe’ link included in all reminder emails or by submitting a request directly via the Website.

8.3 These reminders may also be sent by text message to the phone number provided during registration. Whether a registration is incomplete is determined from its status in b-sharpe’s systems. No cookies or plug-ins are used for this purpose. Customers can stop these text messages in the same way as marketing communications (section 7.8).

9. Cookies and tracking technologies

9.1 On its platforms and in certain communications with its customers and potential customers, b-sharpe uses cookies, plug-ins, tracking pixels and other technologies to improve the functioning of its websites, optimise the online and mobile user experience, and deliver more targeted and higher-quality online advertising campaigns.

9.2 In some cases, third parties may collect anonymised information on the use of b-sharpe’s platforms and make this data (in anonymised form) available to b-sharpe, in order to enable b-sharpe to determine:

• The geographical regions from which users accessed the platforms;
• The names of the websites that have displayed b-sharpe adverts;
• User behaviour in relation to b-sharpe adverts displayed on other websites.

9.3 For the purposes of these provisions, the terms ‘cookie’, ‘plug-in’ and ‘tracking pixel’ have the following meanings:

• A cookie is a small text file that often contains a unique session identifier; it is sent by the web server to the user’s web browser and can then be sent back to the server each time the browser requests that the server open a web page. Cookies enable a website to recognise the user’s device. Some cookies are strictly necessary for the proper functioning of the b-sharpe platforms and ensure the provision and use of b-sharpe services. b-sharpe uses cookies created and implemented by its IT department as well as third-party cookies created by service providers. The cookies used and the purposes for which they are used are listed in the table below.
• A plug-in is a piece of software that adds a specific feature or type of content to a website or mobile app. b-sharpe uses the social media plug-ins listed in the table below on its platforms to enable access to profile pages on third-party social media platforms. By clicking on a social media plug-in, the user acknowledges that they agree to leave the b-sharpe platform and access a third-party social media platform, which may collect, use and/or share their data in accordance with the privacy policy of the relevant third-party social media platform.
• A tracking pixel is a piece of code used to collect and provide online advertisers with information about the use of b-sharpe platforms, such as the pages visited or interactions with those pages. Tracking pixels enable the user’s browser to automatically establish a connection with an online advertiser’s server. The advertiser is thus informed that the user has accessed one of the b-sharpe platforms. This ensures that advertising campaigns are tailored to users’ interests. If the user is identified by an online advertiser using tracking pixels, the online advertiser may be able to link a visit to one of b-sharpe’s platforms with a visit to a third-party website. b-sharpe has no control over the extent to which online advertisers use the data collected via tracking pixels.

9.4 b-sharpe does not collect any data using cookies, web beacons, plug-ins or other tracking technologies, unless the user has explicitly consented to such tracking via the consent manager that appears when they first access the b-sharpe platforms. Settings relating to cookies and tracking technologies (“cookie settings”) may be changed at any time via the dedicated button on the websites. Cookies strictly necessary for the proper functioning of the b-sharpe platforms do not require user consent (the legal basis is that referred to in Article 6(1)(f) of the GDPR, as this processing is necessary for the purposes of legitimate interests). An exception is the cookieless audience measurement described in section 9.7, which does not allow the user to be identified.

9.5 To enable users to manage their cookie settings, b-sharpe uses the Cookiebot tool provided by Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark. In this context, data relating to the user must be shared with Cybot A/S. This data is processed by Cybot A/S in accordance with their data protection policy.

9.6 Unless otherwise specified in these provisions, data collected via cookies and tracking technologies is retained and used by b-sharpe for a period of one year. With regard to data collected by third parties, please refer to the relevant third parties’ data protection policies.

9.7 To measure traffic to its websites and improve their pages, b-sharpe uses PostHog, provided by PostHog Inc. (United States). If the user accepts statistics cookies, PostHog sets cookies (prefix “ph_”) that recognise their browser from one visit to the next and allow certain browsing sessions to be recorded, without the content of the fields entered. If the user refuses them, no cookie is set. Page views are then counted in aggregate form, based on a technical fingerprint calculated on PostHog’s servers and renewed every day, which does not allow the user to be identified. Only the refusal is stored in the user’s browser, so that it is not requested again. The data is hosted in the United States.

10. Data transfer and disclosure

10.1 b-sharpe may disclose collected data to third parties within the limits permitted by law. In particular:

• To business partners where necessary for the processing of data described in Article 6 above (including, for example, service providers such as advertising agencies, IT specialists, database providers, backup and recovery specialists, email providers or call centres, etc.);
• To companies within the b-sharpe group, in order to protect b-sharpe’s customers and systems from fraud or harmful behaviour; to enable faster registration and provide access to a wider range of products and services; to improve existing products and services or develop new ones; and to send information about the b-sharpe group’s products and services that may be of interest to customers;
• Only to the extent required by law, any Swiss or foreign authority authorised to receive such information on the basis of a request or an enforceable decision, as well as any entity authorised in the context of an audit or review, or any custodian bank or correspondent third party authorised by b-sharpe that requires such information to fulfil its own obligations.

10.2 The aforementioned business partners must comply with b-sharpe’s data processing and security standards. Only information necessary for the performance of their services will be provided.

10.3 Data will not be sold to third parties for marketing purposes. Companies within the b-sharpe group are not considered third parties for the purposes of this clause 10.3.

10.4 Text messaging opt-in data and the related consent are excluded from all transfers described in this section 10: this information will not be shared with any third parties. Service providers that deliver messages on behalf of b-sharpe (section 7.9) are not considered third parties for the purposes of this section 10.4.

11. Data storage

11.1 b-sharpe is entitled to store customer and user data in a format of its choosing, in particular in electronic form.

11.2 Data collected in digital form is stored on b-sharpe’s servers in Switzerland.

11.3 b-sharpe will retain the data collected for as long as necessary for the purposes for which it was collected, namely to provide its services. Furthermore, b-sharpe will retain the data collected for as long as necessary to fulfil legal and regulatory obligations (see, for example, the document “Anti-Money Laundering”), for as long as claims may be brought against b-sharpe, and for as long as the legitimate interests of the parties concerned, including data security, so require. After this period, the data will be deleted.

C. Rights of data subjects and final provisions

12. Rights of data subjects

12.1 In principle, individuals whose personal data is processed by b-sharpe may exercise the following rights:

• Request the data that b-sharpe has collected about the user making the request;
• Request that the data collected by b-sharpe about the user making the request be amended, if necessary;
• Request the deletion, where necessary, of data collected by b-sharpe concerning the user making the request;
• Request that b-sharpe restrict the processing of data relating to the user making the request;
• To object to the processing by b-sharpe of data relating to the user who makes the request.

12.2 In order to exercise these rights, the data subject must be able to prove their identity beyond doubt.

12.3 If a user believes that b-sharpe is in breach of data protection legislation, they may lodge a complaint with the relevant authority in their country. Before doing so, the user in question is asked to inform b-sharpe of their intention to lodge a complaint, thereby giving b-sharpe the opportunity to rectify any errors.

13. Contact and Data Protection Officer

For any questions regarding the protection of personal data, b-sharpe has appointed Ms Jennifer Tchakouté as Data Protection Officer. Any enquiries on this subject may be sent to the address of b-sharpe SA: Pont-Rouge, Esplanade 2, 1212 Grand-Lancy, Switzerland, or submitted via the webpage https://web.nicewit.ch/en/request-for-personal-data-gdpr/

14. Last updated

13 May 2025