In accordance with the provisions of the Federal Act on Data Protection (FADP), we hereby provide you with the necessary information regarding the processing of personal data of clients and potential customers in the context of the provision of services by Swan Asset Management Ltd.

1. Definitions

1.1 Personal data

This is any information relating to an identified or identifiable natural person

1.2 Particularly sensitive personal data

This includes, in particular:

• data concerning religious, philosophical, political or trade union opinions or activities;
• data concerning health, intimacy or membership of a race or ethnicity;
• genetic data;
• biometric data that uniquely identifies a natural person;
• data on administrative and criminal prosecutions and sanctions;
• data on social assistance measures.

1.3 Treatment

Processing means any operation relating to personal data, regardless of the means and procedures used, in particular the collection, recording, storage, use, modification, communication, archiving, erasure or destruction of data

1.4 Data subject

The data subject is the natural person whose personal data is being processed.

2. Data Controller and Data Protection Officer

This is the person who, alone or jointly with others, determines the purpose and means of the processing.

In this case, the data controller is:

Swan Asset Management SA, through the Managing Directorate.

3. Categories of data collected

As part of the provision of services by Swan Asset Management SA, Personal Data and Personal Data worthy of particular protection may be processed. This typically covers the following information:

3.1 Information collected from you

These include:

• personal data such as name, surname, address, telephone number and e-mail;
• date and place of birth;
• sex;
• marital status, dependents (name and age) and relationship with the client;
• copies of identity documents, such as passports and driver’s licenses;
• social insurance, social security or social security number, or other social security number;
• nationality, residence for tax purposes and country of residence;
• employment, income and source of wealth;
• assets, investments, assets held and liabilities;
• investment knowledge and experience;
• personal details of any third party representatives.

3.2 Information collected from third parties

These include:

• publicly available information on public registers, such as commercial registers, business registers, with details of companies, shareholders and assets owned;
• other information from third-party sources, such as asset valuation services, reputational agencies, anti-fraud and/or intermediaries.

3.3 Information related to the services provided by Swan Asset Management SA

The information collected for the purposes of the services provided by Swan Asset Management SA includes:

• contract number;
• assets covered by the financial services provided by Swan Asset Management SA;
• data relating to transactions with financial instruments;
• phone call logs;
• Accounting statements and documents.

3.4 Particularly sensitive personal data and other information

In addition to the above, and in particular in compliance with legal obligations (including the Anti-Money Laundering and Terrorist Financing Act (LRD), Swan Asset Management SA may collect particularly sensitive personal data, such as opinions, positions or political affiliations, both from the client and from third-party sources, and, within the limits of the law, Information relating to criminal convictions and offences.

If relevant to the services provided, Swan Asset Management SA may request information about other persons, such as business associates (including shareholders and beneficial owners), dependents or family members, representatives and agents. Please provide a copy of this policy to your data subjects before providing us with this information.

4. Purpose of data processing

The processing carried out by Swan Asset Management SA takes place only in the cases permitted by law and in particular is aimed at:

• the correct and complete execution of the contract entered into with the customer (as well as the previous acts necessary for the conclusion of the contract);
• to comply with legal obligations (provided for in particular by anti-money laundering, financial, tax and accounting legislation);
• to protect the legitimate interests of Swan Asset Management SA, provided that the interests and fundamental rights of the client do not prevail.

Specifically, Personal Data may be processed by Swan Asset Management SA, for:

• identify you, confirm and verify your identity;
• enter into a business relationship, and possibly offer services and/or financial instruments to the client;
• monitor the business relationship and analyse the execution of the contract in accordance with the client’s situation and directives and carry out the necessary checks of adequacy and/or appropriateness;
• carry out commercial and administrative operations and activities, including bookkeeping and internal controls;
• comply with applicable laws and regulations and/or industry practices;
• comply with requests and/or measures formulated by the competent authorities and/or supervisory bodies;
• legal, administrative, executive and/or criminal proceedings and to obtain legal advice or to establish, exercise or defend legal rights;
• transmit to the client information and announcements about events, products and services offered by Swan Asset Management SA, at the client’s request or presumed to be of interest.

Personal data may be processed by means of both paper and computer archives (including, if applicable, portable devices) and processed in ways that are strictly necessary to meet the purposes mentioned above.

To this end, the data subject undertakes to provide his or her personal data correctly, completely and truthfully and to the extent necessary for the aforementioned purposes.

5. Legal basis for the processing

Swan Asset Management SA processes personal data lawfully, in accordance with Art. 5-9 FADP, where the treatment:

• it is necessary for the performance of the contract signed by the data subject or for the execution of pre-contractual measures taken upon request;
• is necessary to comply with the legal obligations incumbent on Swan Asset Management SA;
• is based on the express consent of the data subject.

6. Consequences of failure to provide personal data

In order to properly execute the contract and to comply with any regulatory obligations of Swan Asset Management SA, the data subject undertakes to provide the necessary personal data; otherwise, in the event of failure to provide personal data, the contractual relationship referred to in the contract cannot be concluded and Swan Asset Management SA may not be able to comply with its legal obligations.

7. Data Retention

Swan Asset Management SA retains Personal Data for the period of time necessary to achieve the purposes for which it was collected or to comply with legal, regulatory, accounting or reporting obligations.

8. Disclosure of data

8.1 Disclosure to third parties

The Personal Data of the data subject may be communicated to the following categories of recipients, for the purposes listed above:

• entities that provide services for the management of the information system used by Swan Asset Management SA and telecommunications networks (including e-mail);
• firms or companies in the context of assistance and consultancy relationships as well as auditing firms, supervisory bodies;
• to any agents, auditors, service providers and professional advisers, to process the information in the above situations as processors on our behalf and/or as joint controllers with respect to their obligations;
• competent authorities for the fulfilment of legal obligations and/or provisions of public bodies, upon request;
• to courts and/or judicial, executive, criminal or administrative authorities, to any competent court, mediator, arbitrator, ombudsman, tax, regulatory or governmental authority;
• to any third parties in connection with the restructuring (including investments), combination, merger, transfer or disposal of Swan Asset Management SA;
• to other financial institutions or intermediaries, stock exchanges, etc., as the case may be;
• other parties, with the consent of the customer.

8.2 Transfer abroad

Personal data may only be disclosed abroad if the Federal Council has determined that the legislation of the recipient state or the international body ensures adequate data protection.

Within the scope of the above-mentioned purposes, Swan Asset Management AG uses certified and secure service providers who are established and process personal data in Switzerland, the states of the European Union and the USA (limited to encrypted data). Therefore, communications of personal data to third countries that do not adequately protect the data are excluded; Communications based on the prior and express consent of the data subject, or on an explicit instruction from the data subject, or carried out on the basis of a legal obligation, remain confidential.

9. Rights of the data subject

According to the FADP, the data subject has the following rights in particular (non-exhaustive list):

• the right to information about the processing of personal data concerning the data subject;
• Right of access, including:

• obtain the rectification of inaccurate or outdated personal data;
• be informed in writing and free of charge whether your personal data is being processed;
• revoke your consent to the processing of data given in the past;
• express an opinion on an automated individual decision or request that it be reviewed by a natural person;

• the right to have data handed over or to demand that it be passed on to third parties;
• request that the processing of your data be blocked, that it be prevented from being disclosed to third parties, or that your personal data be rectified or destroyed.

Without prejudice to any other administrative and judicial remedy, if the data subject considers that the processing of data concerning him or her infringes the provisions of the FADP, he or she has the right to lodge a complaint with the Federal Data Protection Commissioner (IFPD).

The data subject’s rights may be exercised by sending them to Swan Asset Management Ltd.

Swan Asset Management SA reserves the right to request specific information from the client to confirm his identity and to guarantee his right to access the information (or to exercise his other rights). This is an additional security measure aimed at preventing the communication of Personal Data to subjects who are not legitimated to do so.

10. Changes to this Privacy Policy

Swan Asset Management SA reserves the right to update this Policy at any time, either by informing clients in writing of any changes or by updating the Privacy Policy on our website: www.swan-am.ch. From time to time, you may be notified by other means regarding the processing of your Personal Data.

Version: 01.09.2023