Privacy Policy of M&C Fiduciaria SA

Scope of application

This Privacy Policy (hereinafter ‘Policy’) provides information on how and for what purposes M&C Fiduciaria SA (hereinafter “we” or ‘M&C Fiduciaria’) processes your personal data (hereinafter ‘you’).

‘Personal data’ means any information relating to an identified or identifiable natural person.

We process Personal Data in accordance with the requirements of the Swiss Federal Data Protection Act (hereinafter ‘FADP’) and, if and to the extent applicable, in accordance with the European Union's General Data Protection Regulation (hereinafter ‘GDPR’) and local data protection laws. We may provide you with additional privacy notices if we deem it appropriate.

The data holder for the purposes of this Policy is:

M&C Fiduciaria SA
Via Antonio Ciseri 13A
6600 Locarno

The data responsible party is the Data holder.

Purpose of processing and legal basis

We process your personal data primarily to provide our services in connection with our business activities. Particulary, we process your personal data for the following purposes:

to communicate with you, particulary to provide you with information or to process your requests. If you contact us via e-mail/contact form, you authorise us to respond to you via the same channel. We exclude, to the extent permitted by law, any liability you may incur, in particular in the event of incorrect transmission, falsification of content or network disruption (interruptions, overload, illegal interventions, blocking);
to make our services and website available to you and to evaluate and improve them;
to organise events and webinars and report on them or make them available on our website (e.g. in the form of texts, photographs, videos and voice recordings);
to report on charitable events or artistic and cultural events organised by third parties (e.g. non-profit foundations, theatre companies, etc.);
to send newsletters;
to conclude, administer and execute our contractual relationships;
to maintain and manage our business relationship with you (including issuing invoices);
to inform you of recent updates or provide you with other information about our services;
to promote our services;
for statistical purposes;
for IT and building security measures (such as access controls, visitor lists, network and mail scanners, telephone recordings) and for risk control purposes;
for the assertion of legal claims and and defence in connection with legal disputes and proceedings before authorities;
to comply with our legal obligations at national and international level.

We process your personal data for the purposes indicated above, depending on the situation, particularly on the following legal bases:

the processing of Personal Data is necessary for the performance of an agreement with you;
you have given your consent to the processing of your personal data;
the processing of Personal Data is necessary for compliance with a legal obligation;
the processing of Personal Data is necessary to protect the vital interests of the data subject or another natural person; or
we have a legitimate interest in processing Personal Data.

Categories of personal data:

In connection with our work/business/employment relationship, we collect the following categories of data:

Contact details (e.g. first name, surname, address, telephone number, e-mail address);
Customer information (e.g. date of birth, nationality, marital status, profession, title, job description, passport/ID card number, social security number);
Data for risk assessment (e.g. creditworthiness information, commercial register data);
Financial information (e.g. bank account details);
Data relating to the mandate, depending on the type of mandate (e.g. tax information, articles of association, minutes, drafts, contracts, employee data (e.g. salary, social security), accounting data, beneficial owners, ownership relationships);
Data relating to web pages (e.g. IP addresses, device information (UID), browser information, web page usage (use and analysis of plug-ins, etc.);
Application data (e.g. CVs, employment certificates);
Marketing information (e.g. newsletter subscription);
security and network data (e.g. visitor lists, access controls, email network scanners, telephone call lists);

To the extent permitted, we also obtain certain data from public sources (e.g. enforcement registers, land registers, commercial registers, press, internet) or receive it from our clients and their employees, authorities, (arbitration) courts and other third parties. In addition to the data you provide to us directly, the categories of personal data concerning you that we receive from third parties include, in particular information from public registers, information that comes to our attention in the course of judicial or administrative proceedings, information relating to your professional functions and activities; information related to the received mandate; information necessary to comply with legal requirements, e.g. regarding money laundering or export restrictions; information from banks, insurance companies, distributors and other contractual partners for the purpose of requesting or providing services on your behalf.

Methods of processing and storage:

The processing of the received data, including indirectly from third parties or relatives of the customer, will be carried out both in analogue (paper) and digital (using IT tools) form, in compliance with the above-mentioned legislation, in particular in accordance with the principles of lawfulness, good faith and proportionality, exclusively for the purposes established by the mandate.

The data will be stored for the time necessary to fulfil contractual and legal obligations and in any case until the purposes pursued have been achieved. For example, for the duration of the mandate (conclusion, execution and termination of a contract), depending on legal storage and documentation obligations. It is also possible that personal data may be stored: for the period of time during which claims may be made against M&C Fiduciaria; for the duration provided by or permitted by law or if there are legitimate interests (e.g. for evidentiary and documentation purposes). Within the legal limitation periods, the data may be stored for a period of 5 to 10 years. When using the website, M&C Fiduciaria uses cookies and similar technologies that allow the user's browser or device to be identified. Cookies are small pieces of data that are transmitted to the user's computer or automatically stored on the computer or mobile device by the browser when accessing the M&C Fiduciaria website. However, you can set your browser so that it does not accept cookies, only saves them for one session or deletes them regularly.

For telephone conferences, online meetings and video conferences, we use softwares that guarantee privacy in accordance with the aforementioned regulations, in particular we use “Microsoft Teams” or similar softwares.

Profiling and automated decision-making processes

Personal data is not used for automated decision-making processes or profiling.

Consent to the processing of personal data:

There is no obligation to provide the personal data requested for the purposes of performing the consultancy mandate and fulfilling the related contractual obligations. However, without such data, we will be unable to stipulate or perform a contract.

With the exception of data worthy of special protection, identified as ‘sensitive’ by the legislative references referred to, in particular:

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

for which we require consent to be given freely and without coercion in writing. For all other non-sensitive data, by delivering and granting the mandate, the data subject indirectly and implicitly consents to the processing of data exclusively for the specific purpose of the mandate in accordance with this policy. Any refusal, in relation to non-sensitive data, shall refer exclusively to the processing of personal data for reasons unrelated to the execution of the mandate itself and, in particular, to data profiling.

Transmission to third parties and transfer of personal data abroad:

M&C Fiduciaria does not, in principle, transmit or otherwise provide personal data in its possession to third parties, unless this is necessary: for the fulfilment of a mandate received; is required by law or has been explicitly authorised by written consent. Furthermore, data may also be transmitted to third parties on the basis of an executive order from the authorities or by order of a court or public prosecutor's office, or if necessary to protect an overriding public interest, or if it is not possible to obtain consent, to protect the life or physical integrity of the data subject or a third party.

Special data or data that we deem appropriate to transmit, will be transmitted using encryption systems and may be protected by passwords or two-factor authentication systems.

In addition to cases of legal obligation, data may be transmitted to branches, affiliated and sister companies, service providers (e.g. IT service providers, hosting providers, suppliers, consultants, solicitors, insurance companies).

In compliance with the above-mentioned legislation, personal data may be transferred abroad, to Member States of the European Union and to countries outside the European Union, for the fulfilment of obligations arising from the assignment conferred or if required by law, in accordance with the procedures laid down by law and the aforementioned regulation for the protection of personal data.

Rights of the data subject:

Within the framework of applicable data protection law and to the extent provided for by the above regulations, every person has the right to access, rectify, erase, restrict processing, object to and transfer data (i.e. to obtain personal data in order to transfer it to someone else). However, it should be noted that M&C Fiduciaria reserves the right to enforce the limitations provided for by law, for example where there is a legal obligation to store or process certain data, or an overriding interest (to the extent that it is possible to invoke it), or where the data is necessary for the exercise of a specific right. The customer will be informed in advance of any costs. It should also be noted that exercising these rights may have consequences such as early termination of the mandate or additional costs.

The exercise of the above rights generally requires the customer to be adequately identified. To exercise these rights, please contact the Data Controller as indicated above.

Restrictions on the right of access:

M&C Fiduciaria, in accordance with the aforementioned legislation, may refuse, limit or defer the provision of information in order to protect professional secrecy or if required by law. Furthermore, it may refuse, limit or defer the provision of information in order to protect its overriding interests.

Changes:

This statement may be changed at any time without prior notice. The updated version delivered or published on the M&C Fiduciaria website shall apply, and M&C Fiduciaria will, if it deems it appropriate, provide information about any changes by e-mail or other means deemed appropriate.

November 2025

Privacy Policy of M&C Fiduciaria SA

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