Privacy Policy

At FamPlus AG (hereinafter also «we» or «our»), we attach paramount importance to the protection of personal data that we collect and process in the course of our business activities. We process your personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

The following privacy policy provides information on how we process your personal data and for what purposes, as well as your rights in this context. Personal data is understood to mean all information relating to a specific or identifiable natural person.

FamPlus AG is responsible for the processing of your personal data in accordance with this privacy policy.

The name and address of the data controller are as follows:
FamPlus AG, Stockerstrasse 12, PO Box, 8027 Zurich, +41(0)44 442 45 00, office@famplus.legal

 

Collection of personal data and purposes of data processing

1. General business activities
The following personal data is processed in the context of a legal mandate:

  • Client data and data used in the performance of legal mandates: first and last name as well as contact details of contact persons, position and title, associated company/office, sector, any cross-connections (e.g. shareholders or related persons) and additional background information from publicly accessible sources (e.g. commercial register), any referring persons, contents of enquiry and mandate, counterparties and their representatives as well as further details for checking any conflicts of interest.

  • Mandate data: communication with clients, courts, opposing lawyers and third parties, consultation documentation, information disclosed to us in the course of our services by or for clients, by counterparties, courts, authorities and other parties involved in the proceedings or which we compile within the scope of our services (e.g. minutes, notes, contractual documents, submissions for court proceedings, etc.).

  • Service and billing data: information about the services provided and billed, billing data, proof of services, invoices, payments, bank details.

We process personal data mainly to provide, document, bill and improve our services. Data processing is also necessary to comply with legal requirements (e.g. to check for any conflicts of interest) and to enforce or defend against legal claims. We also process the personal data of our clients in order to communicate with them, answer enquiries and send them information about our firm and personal invitations to events, courses, conferences or lectures.

If you disclose data to us about other persons (e.g. family members, representatives, counterparties or other associated persons), we will assume that you are authorised to do so, that such data is accurate and that you have ensured that these persons are aware of such disclosure to the extent that a legal information obligation applies (e.g. by bringing this privacy policy to their attention in advance).

1.1 Disclosure of personal data
We do not pass on any personal data to third parties without the consent of the person concerned, unless this is done in connection with the processing of the legal mandate or is necessary for the purposes described in this privacy policy. In particular, information may be disclosed to courts and authorities, counterparties, correspondent lawyers, legal expenses insurance companies and other professionals in the course of the mandate.

In addition, we may pass on personal data to contract data processors, in particular to IT service providers and other providers who make IT applications available (e.g. collaboration platforms) or render support and other services for the purposes listed in this privacy policy on our behalf.

1.2 Duration of storage
We process and store your personal data only for as long as is necessary for the relevant processing or where there is another legal basis for doing so (e.g. statutory retention periods). Personal data that we hold on the basis of a contractual relationship with you is retained for the duration of the contractual relationship and the limitation periods for potential claims, or while contractual retention obligations exist. As a general rule, once your personal data is no longer required for the above-mentioned purposes, it will be deactivated, deleted or anonymised as far as possible.

1.3 Data security
We take the appropriate technical and organisational security precautions to protect your personal data from unauthorised access, misuse, loss and destruction.

2. Use of our website
The use of our website does not require the disclosure of personal data. However, the server collects a range of user information each time the website is accessed, which is temporarily stored in the server’s log files. The information collected includes, for example, the IP address, date and time of access, the time zone difference relative to GMT, the name and URL of the downloaded file and the website from which the access originated, as well as the browser type and operating system used.

This general information is collected without being directly linked to a specific person. The data is technically necessary in order to display our website and guarantee its stability and security. It is also utilised to optimise the website and analyse its use. The legal basis for the temporary storage of the information and log files is our legitimate interest in ensuring the quality and continuous improvement of our website.

2.1 Liability for links
We cannot be held responsible for references and links to third-party websites and assume no liability for the content and services of such websites. Any access and use of these websites is entirely at the user’s own risk.

2.2 Job applications
You may submit your application for a position with us by post or via the email address provided on our website. The application documents and all personal data disclosed to us will be treated in strict confidence, will not be disclosed to third parties and will only be used for the purpose of processing your application. Unless you consent to the contrary, your application dossier will either be returned to you or deleted/destroyed after the application process has been completed, provided it is not subject to a statutory retention obligation. The legal bases for the processing of your data are your consent, the performance of the contract with you and our legitimate interests.

2.3 Copyright
Copyright and any other rights relating to content, illustrations, photos or any other data available on the website are the exclusive property of FamPlus AG or of any other expressly mentioned copyright owners. Any reproduction requires the prior written consent of the copyright holder.

3. To whom do we disclose your personal data?
For the purposes outlined in section 1, we may disclose your personal data to the following categories of recipients in particular. Where required, we will obtain your prior consent for such purposes or seek a waiver of our professional duty of confidentiality from the competent supervisory authority.

  • Service providers in Switzerland and abroad who act (i) on our behalf (e.g. IT providers), (ii) jointly with us or (iii) on their own responsibility to process data that they receive from us or collect for us. These service providers include, for example, accounting firms/fiduciaries, IT providers, cloud providers, banks, insurance companies, debt collection agencies, address verification services, other law firms or consulting firms. We generally enter into agreements with these third parties regarding the use and protection of personal data.
  • Public authorities, administrative bodies and courts in Switzerland and abroad where this is required for the fulfilment of our contractual obligations and, in particular, for the conduct of legal mandates, or where we are legally or regulatorily obliged or authorised to do so, or if necessary to safeguard our interests. These recipients process the data on their own authority and responsibility.
  • Counterparties and other involved persons (e.g. other law firms, information providers or experts, etc.) where this is required for the performance of our contractual obligations, in particular for the conduct of legal mandates.
  • Other third parties whose involvement derives from the purposes indicated in section 1.

All of these categories of recipients may in turn engage third parties to whom your data may also become accessible. Please note that we can restrict processing by certain third parties (e.g. IT providers), but not by others (e.g. authorities, banks, etc.).

We use certain IT services and communication tools that can be associated with data security risks (e.g. email, video conferencing). It is your responsibility to inform us if you require specific security measures.

4. Your rights
Individuals whose data we process have the right to request information pursuant to Art. 25 of the Swiss Federal Act on Data Protection of 25 September 2020, as well as the following additional rights related to their data:

  • Right of access
  • Right to rectification
  • Right to erasure, except where retention is required by law
  • Right to restrict or object to the processing of personal data
  • Right to the portability of your personal data
  • Right to issue instructions as to the post-mortem processing of personal data (pursuant to applicable law)

Please note that the exercise of these rights is not absolute and may be subject to certain exceptions and restrictions under applicable law. Depending on the relevant legal framework, the data subject may have the right to lodge a complaint with the competent regulatory authority in their jurisdiction if they are not satisfied with the company’s response.

Inasmuch as our processing is based on consent, each data subject has the right to revoke this consent at any time with effect for the future.

To exercise such rights, data subjects can contact us at office@famplus.legal. We will process these requests in accordance with the applicable Swiss data protection law and may also refuse or only fulfil them to a limited extent in accordance with the legal regulations.

Data subjects also have the option of contacting the Swiss Federal Data Protection and Information Commissioner (www.edoeb.admin.ch) as provided for in the Data Protection Act.

5. Changes to this privacy policy
We expressly reserve the right to amend this privacy policy at any time. In case of any such changes, the updated privacy policy will be published promptly on our website. The version appearing on our website is deemed to be the current privacy policy.

This English version of the privacy policy is a translation of the German “Datenschutzerklärung” and is provided for convenience only. In the event of any discrepancies or ambiguities, the German text shall take precedence.