This privacy notice (the “Privacy Notice“) informs you about how Spice Private Equity Ltd, (“we“, “us” or “Company“), treats your personal data (“Data“) according to the Swiss Federal Act on Data Protection (“DPA“) and the EU General Data Protection Regulation (“GDPR“), as applicable, when using any of our services (the “Services“), including the Services provided on or through our website (the “Website“), or in any of the other situations set out in Section 3. Within the scope of the DPA, references in this Privacy Notice to the GDPR shall be understood as references to the corresponding provisions in the DPA.
- Controller and Contact Details
Controller is Spice Private Equity Ltd, Industriestrasse 13C, 6302 Zug, Switzerland (E-Mail: firstname.lastname@example.org).
- Obligation to Provide Data and Your Sharing of Third-Party Data
You are in general under no obligation to provide us with any Data. However, if you do not provide the required information regarding certain use cases set out in Section 3 (in particular Registration Data, as defined in Section 3.4), we may not be able to process your corresponding request, provide the related services or get in contact with you.
If you share with us personal data regarding any other individual (e.g. regarding your relatives, family members, colleagues, etc.) we assume that this data is correct. By sharing such data with us, you confirm that you are authorized to share such data with us and that you have informed the affected individuals about this Privacy Notice.
- Processed Data, Purpose, Legal Basis and Storage Period
We may process various categories of Data, depending on the circumstances as set out hereinafter. We may process your Data for security and access control purposes (GDPR 6.1.1.f) or in order to comply with legal obligations, directives and recommendations from authorities (GDPR 6.1.1.c) and internal regulations, including such purposes as compliance, risk management, corporate governance and business organization (GDPR 6.1.1.f).
To the extent required under the GDPR, our processing is generally based on (a) the need for performance of our contract with you or for processing your request for a contract (GDPR 6.1.1.b); (b) the need for compliance with legal obligations to which we are subject (GDPR 6.1.1.c); (c) legitimate interests in fulfilling the purposes mentioned below (GDPR 6.1.1.f) and/or as otherwise specified in the following Sections hereinafter.
Except in case of contrary legal or contractual obligations, we will erase or anonymize your Data once the storage or processing period has expired. We process and retain Data for as long as (a) our processing purposes, the legal retention periods and our legitimate interests regarding documentation require it, (b) storage is a technical requirement, or (c) it may be necessary for the assessment or exercise of or for the defense against legal claims. Regarding specific use/data categories, we will in general retain your Data as described in the Sections below.
- Website Use
The Data processing related to your use of our Website is limited to Data that is required to operate, provide and secure the Website and the services provided thereon (“Website Use Data“) and for web analysis purposes (“Website Analysis Data“).
Categories of Data: When accessing our Website (and through our Website the Services), the following information about your device may be collected automatically: server identificator, IP address, operating system, type of device, browser name and version, date and time of access, address of the website from which you were redirected to our Website (if applicable).
Purpose and Legal Basis: The processing regarding Website use is based on our legitimate interest to operate and secure our Website and our Services, in particular for security reasons to ensure the stability and integrity of our systems (GDPR 6.1.1.f). In addition, we may perform basic web analysis based on our legitimate interest (GDPR 6.1.1.f) to optimize the Website regarding usability and to gain insights about the use of our Website and Services. The collected data will not be merged with other personal data or disclosed to third parties.
Storage Period and Erasure: Website Use Data will be stored as long as required to enable the requested access and secure the stability and integrity of our systems. Website Analysis Data will be stored for as long as required to perform the analysis and will thereafter be deleted or anonymized.
Categories of Data: Website Use Data and Website Analysis Data.
Storage Period and Erasure: Cookies will be stored on your device for the time period required to achieve the related purpose and will thereafter be deleted by your browser.
We may be in contact with you by use of different channels, e.g. if you fill out forms on our Website, send us e-mails, or by using other electronic (or hardcopy) communication means, whereby Data may be exchanged (“Communication Data“).
Categories of Data: If you fill out our contact forms, send us an e-mail or another form of electronic message (or hardcopy message, e.g. a letter), we may collect such information as your name, e-mail address (or other form of communication identifier, e.g. messenger nickname), phone number, subject matter, corresponding message content, related metadata and any other information you choose to disclose in your communication to us.
Purpose and Legal Basis: We use Communication Data to process your inquiry and any possible further questions you might have in relation to the performance of our Services (GDPR 6.1.1.b) and any other related questions and matters based on the content of your communication with us (GDPR 6.1.1.a). We may also keep this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries (GDPR 6.1.1.f).
Storage Period and Erasure: Communication Data will be deleted after responding to / completing your inquiry, if and to the extent (a) we are not legally obliged to retain such Data (e.g. for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of or for the defense against legal claims.
When using our Services, you may be required to register, e.g. by opening an account, creating a login, or by other means, and we may collect further Service related Data, including Contract Data (as defined in Section 3.6) in relation to the Services (altogether “Service Data“, including Registration Data and Usage Data as defined hereinafter).
Categories of Data: When registering for our Services, you may be required to open an account or create a login, and we may require such information as for example first name, last name, username, password, e-mail, etc. (“Registration Data“). This may also include further information we require from you in order to be able to provide you with the Services (e.g., depending on the Service, such further information as phone number, address, contact details, profession, role and function, bank details, date of birth, hometown, nationality, customer history, etc.). Furthermore, when using our Services, we may analyze your use of our Services in order to get to know you better and tailor our Services to you, by collecting data about your behavior and preferences, including supplementing such data with third-party information, including from public sources (altogether “Usage Data“).
Purpose and Legal Basis: In general, Service Data will be used to provide our Services, in particular the Services related to direct and indirect acquisitions, including data processing in connection with operational and administrative tasks related thereto (GDPR 6.1.1.b). We may also process Service Data for market research as well as to improve and to further develop our services and operations, based on our legitimate interest (GDPR 6.1.1.f). We may also use Service Data to document our Service delivery, for training purposes or for quality assurance, based on our legitimate interest (GDPR 6.1.1.f).
Storage Period and Erasure: Service Data will in general be stored as long as you are accessing/using (or have the right to access/use) our Services, and such Data will be deleted after termination of your contract and/or deletion of your account, if and to the extent (a) we are not legally obliged to retain such Data (e.g. for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of or for the defense against legal claims.
- Marketing and Newsletters
We may process your Data for marketing purposes and relationship management, in particular newsletters (altogether “Marketing Data“).
Categories of Data: Marketing Data may in particular include your contact information (e.g. first name, last name, company type and name, business function / title, e-mail, address, etc.) and such further data categories as your preferences (e.g. your areas of interest), Communication Data, Service Data and Contract Data.
Purpose and Legal Basis: We process Marketing Data for marketing purposes and relationship management, for example to send our customers and other contractual partners personalized advertising for our services and products or for such from third parties, e.g. in the form of newsletters or other regular contacts either in person, via e-mail or other electronic form, by phone or any other communication channel for which we have contact information from you and by any other marketing means (e.g. through contests, events, fairs, etc.). We do so based on our legitimate interest to keep you informed about our products and services (GDPR 6.1.1.f), to the extent permitted by applicable marketing regulation, or, where required, based upon your consent in this regard (GDPR 6.1.1.a). In either case, you can object at any time or refuse or withdraw your consent to be contacted for marketing purposes.
Storage Period and Erasure: We generally keep Marketing Data which is not part of any other data category for as long as related marketing measures are ongoing or envisaged, if and to the extent (a) we are not legally obliged to retain such Data (e.g. for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of or for the defense against legal claims.
If we enter into a contract with you, or into negotiations regarding such contract, we may collect Data in relation to the conclusion or performance of such a contract (“Contract Data“). In general, we collect this Data from you or other contractual partners and from third parties involved in the performance of the contract, but may also use Data from third-party sources (for example credit information or market data providers) as well as from public sources.
Categories of Data: Contract Data may include Service Data in general and such further information as e.g. necessary for and relating to the services to be provided, to your preferences, your feedback, etc.
Purpose and Legal Basis: We use Contract Data for the preparation, conclusion, performance and administration of our contractual relationships and any questions or inquiries that might arise in that relation (GDPR 6.1.1.b). We may also keep this data to document our communication with you, for training purposes, for quality assurance and for follow-up inquiries (GDPR 6.1.1.f).
Storage Period and Erasure: We generally keep Contract Data for the duration of the statute of limitation duration regarding contractual claims, as calculated from the end of the contract, if and to the extent (a) we are not legally obliged to retain such Data (e.g. for accounting or document retention purposes) for longer and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of or for the defense against legal claims.
We may use your Data to automatically evaluate personal aspects relating to you (so-called “Profiling“), but will not use it for automated decision making.
Categories of Data: Depending on the specific circumstances, the Data categories listed in this Section 3 may be used for Profiling.
Purpose and Legal Basis: Profiling may be performed for the purposes set out in this Section 3, in particular in order to determine preferences, to detect misuse and security risks, to perform statistical analysis or for operational planning (GDPR 6.1.1.f). Profiling will only be used to gain a better understanding of certain aspects and will not lead to automated individual decision making (GDPR 22.1).
Storage Period and Erasure: Data resulting from Profiling will be stored for the time period required to achieve the related purpose and be deleted or anonymized thereafter, if and to the extent (a) we are not legally obliged to retain such Data (e.g. for accounting or document retention purposes) and (b) we do not have an overriding legitimate interest to retain such data for documentation, quality assurance or similar business purposes or for the assessment or exercise of or for the defense against legal claims.
- Disclosure and Transfer of Data
We may disclose your Data to recipients as set out in Section 4.1, which may include cross-border data transfers as further defined in Section 4.2.
- Categories of Recipients
We may make your Data available to the following recipients in compliance with the applicable legal requirements:
- our group or associated companies;
- external service providers (e.g. IT and technical services providers, business information providers, newsletter management service providers, etc.);
- authorities, including competent self-regulatory organizations (in Switzerland and abroad, if we are legally obliged or entitled to such disclosures or if it appears necessary to protect our interests);
- advisors and transaction partners (e.g. in relation to the management of investments, the set-up, management, and administration of legal entities, mergers, acquisitions or other business transactions involving us or our group or associated companies).
- Cross-Border Transfer of Data
We may transfer your Data to countries within the EU/EEA or to the UK, and to the following countries outside of Switzerland or the EU/EEA/UK, provided that such countries (a) provide for an adequate level of data protection according to the assessment of the competent data protection or governmental authority, or (b) we ensure an adequate level of data protection based on appropriate safeguards such as the EU Standard Contractual Clauses (“EU-SCC“), adapted to Swiss law to the extent required (“CH-SCC“): Bermuda, Brazil, and USA. For a copy of the EU-SCC / CH-SCC, please contact us as indicated in Section 1.
- Right to Object
Regarding any processing of your Data based on our legitimate interest (GDPR 6.1.1.f), you may have the right to object to such processing by explaining your particular reasons and specific circumstances on which your objection is based.
Regarding cookies through which certain Data may be collected, you can block the setting of such cookies at any time by changing the settings in your browser accordingly. Please note that a deactivation of cookies may result in a limited user experience and you may not be able to use every function of our Website or Services or to access the Services in an appropriate manner altogether.
- Your Rights as Affected Data Subject
You have the right to request information about your Data we process and further rights regarding such data processing. In particular, you have – or may have, depending on the circumstances – the right to:
- Information, i.e. to ask us whether we are processing Data about you, and if so, to provide you with further information related thereto.
- Correction, i.e. to ask us to correct your Data if it is incorrect or incomplete.
- Deletion, i.e. to delete your Data (to the extent we are not under a legal obligation or have an overriding legitimate interest to retain such Data).
- Restrict Processing, i.e. to ask us to temporarily restrict our processing of your Data.
- Data Portability, i.e. to ask us to provide you in electronic form (to the extent technically feasible) the Data you have provided to us.
- Withdraw Your Consent, i.e. to withdraw your consent if and to the extent you have previously given your consent to any specific purpose of processing of your Data. This will not affect the lawfulness of any processing carried out before you withdraw your consent (or any processing based on any legal basis other than your consent) and it may mean that we will no longer be able to provide our Services to you.
In case you wish to exercise any of these rights, please contact us as specified in Section 1. Before responding to your request, we may ask for proof of identity. This helps us to ensure that your Data is not disclosed to any person who has no right to receive it.
- Data Security
We have put appropriate technical and organizational security policies and procedures in place to protect your Data from loss, misuse, alteration or destruction. We limit access to personal data in general. Those individuals who have access to the data are required to maintain the confidentiality of such information.
- Complaints / Regulatory Authority
If you believe that our processing of your Data contradicts the applicable data protection laws, you have the possibility to lodge a complaint with the appropriate data protection authority.
The data protection authority for Spice Private Equity Ltd is the Swiss Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, CH-3003 Berne (https://www.edoeb.admin.ch). Based on your residence, you may have the possibility to lodge a complaint with the appropriate data protection authority of your place of residence.
- Changes to this Privacy Notice
This Privacy Notice does not form part of any contract with you and we may amend it at any time. The version published on this website is the version that currently applies.
Last update: November 2022