This data protection notice (notice) provides any user (“you”, collectively the “users”) with information on how radicant ag (formerly radicant bank ag), in its capacity as data controller processes information you provide (personal data) by using this website for requesting information relating to radicant’s former activities.
radicant has ceased its operational banking activities and is in the process of winding down. This website remains available primarily to provide information to former clients and other interested parties and to enable former clients and other entitled parties to submit requests.
radicant remains the controller of personal data processed in connection with its former activities to the extent required by applicable law. Data management, document retrieval and request-handling activities are performed on behalf of radicant by KPMG as Data Agent.
Your personal data is treated as confidential and processed in accordance with applicable data protection laws, in particular Swiss Federal Act on Data Protection (FADP), in its current version and this notice.
By accessing the website, you agree to have read, understood and to be bound by this notice.
What is personal data?
Personal data is any information relating to an identified or identifiable natural person. This includes information that directly identifies you and information that allows to indirectly identify you by reference to additional information.
What is the scope of this notice?
This notice applies to personal data processed in connection with the use of this website, including personal data provided when submitting requests for information, documents or other inquiries through the website.
Am I obliged to provide my personal data?
You are not generally required to provide personal data when accessing this website.
However, if you submit a request for information, documents or other assistance, you may be required to provide certain personal data that is necessary to identify you, verify your entitlement to the requested information or documents, and process and respond to your request.
If the required personal data is not provided, it may not be possible to process or respond to your request.
What kind of data is collected and for what purposes is it used for?
Personal data is processed lawfully and in good faith and only to the extent necessary for the purposes described in this notice.
When you submit a request through the website, certain personal data may be collected and processed for the purpose of handling and responding to your request. Requests submitted through the website are received and handled by KPMG, acting as Data Agent on behalf of the controller.
Identification and contact data
When you submit a request through the website, you are required to provide certain identification and contact information, such as your name, email address, telephone number, address, country of residence, and other information necessary to identify you and process your request. The information submitted through the website is received and handled by KPMG, acting as Data Agent on behalf of radicant acting as a controller.
Such information is processed for the purposes of identifying and communicating with you, verifying your identity and, where necessary, your entitlement to receive the requested information or documents, and processing and responding to your request.
Sensitive data
We do not request sensitive personal data through the website. However, depending on the nature of your request or the documents concerned, information provided by you or contained in relevant historical records may include sensitive personal data.
Where such data is processed, it will be processed only where necessary for handling your request or where otherwise permitted or required under applicable law.
What is the legal basis for data processing?
According to the purpose of data processing, radicant processes your personal data on the following legal bases:
- Legal and regulatory obligations: Personal data may be processed where necessary to comply with applicable legal or regulatory requirements, court or authority orders, statutory retention obligations, or other obligations applicable in connection with former banking activities.
- Safeguard legitimate interests: Personal data may be processed where necessary for legitimate interests, including receiving, verifying and responding to requests, providing requested information or documents, maintaining appropriate records, establishing, exercising or defending legal claims, and ensuring the security and proper operation of the website.
- Consent: for other purposes, your personal data can be processed based on your consent, which can always be withdrawn.
Contact and request forms
If you submit a request through a contact form integrated on our website we will store the personal data you provided only to process your request.
Requests submitted through the website will be received and handled by KPMG, acting as Data Agent on behalf of the controller.
By submitting a request through the website and providing an email address, you agree that your request may be responded by email using the email address provided by you.
How does radicant secure data transfer and electronic communication?
General processing
radicant implements appropriate technical and organisational measures to protect personal data processed through this website against accidental or unlawful loss, alteration, unauthorised disclosure or access.
Communication between your browser and this website is protected using appropriate encryption technologies, including TLS (Transport Layer Security).
Requests for documents or information submitted through the website are transmitted to KPMG AG, which acts as Data Agent on behalf of radicant and handles such requests in accordance with the applicable data protection requirements.
radicant and KPMG AG apply appropriate technical and organisational measures within their respective areas of responsibility to protect personal data and restrict access to persons who require such access for the performance of their tasks.
Despite appropriate security measures, electronic communication and transmission of information over the internet cannot be guaranteed to be completely secure. In particular, unauthorised third parties may in certain circumstances intercept, manipulate or otherwise gain access to electronically transmitted information.
Cross-border processing
Personal data is processed in Switzerland.
Are third parties involved in processing my data?
KPMG acts as Data Agent on behalf of the controller and supports the management and storage of historical data and documents, as well as the receipt, processing and handling of requests submitted through the website.
KPMG processes personal data only for the agreed purposes and in accordance with the controller’s instructions and is subject to contractual obligations regarding data protection, confidentiality and security.
Personal data may be disclosed to courts, authorities or other third parties where required or permitted by applicable law.
How long will my data be stored?
Personal data is retained only for as long as necessary for the purposes for which it is processed or as required under applicable legal and regulatory requirements.
Personal data and documents relating to former activities may be retained for the applicable statutory retention periods. Data relating to requests submitted through the website may be retained for as long as necessary to process and document the request and to comply with applicable legal or regulatory obligations.
Personal data may be retained for a longer period where necessary, for example, in connection with ongoing or anticipated legal proceedings, claims, investigations or other legal or regulatory requirements.
Once the applicable retention period has expired and there is no further legal or regulatory reason to retain the data, the personal data will be deleted or anonymized, as appropriate.
What data protection rights do I have?
You are entitled at any time to exercise the following rights:
- Right to be informed whether your personal data is being processed by radicant
- Right of access by the data subject
- Right to rectification
- Right to erasure (‘right to be forgotten’)
- Right to restriction of processing
- Right to object, if the data processing takes place for the purposes of the legitimate interests pursued by radicant
- Right to data portability, if applicable
- Right to lodge a complaint with a supervisory authority
You are entitled at any time to withdraw your consent to radicant processing your personal data. Your withdrawal has effect only for the future. The process already performed is not affected.
Who do I contact for exercising my rights?
If you wish to exercise your data protection rights, you can submit your request by email to legal@radicant.com.
The exercise of these rights may be subject to limitations or exceptions under applicable law, including where the continued retention of personal data is necessary to comply with legal or regulatory obligations or for the establishment, exercise or defense of legal claims.
Requests relating to your data protection rights may be submitted using the contact details or request form provided on this website.
What can I do, if something goes wrong?
This notice and all matters arising out of or relating to it shall be governed by and construed in accordance with the substantial laws of Switzerland, excluding its conflict of law provisions.
All disputes arising out of or in connection with this notice shall be submitted to the competent courts of the Canton of Zürich, Switzerland.