Privacy Policy

Cape Capital AG performs the data processing described below within the meaning of the Swiss Data Protection Act and any relevant and applicable laws and ordinances on behalf of the client’s data. The definitions of terms under Swiss data protection law apply.
“Cape Capital” or the “Company” refers to Cape Capital AG as a financial service provider and manager of collective assets regulated and licensed by the Swiss Financial Markets Authority FINMA.
“Client” means an investor in our products or a recipient of our services, who may be an individual investor, or an employee, director, officer, trustee, beneficiary, or representative of an institutional or intermediary client of Cape Capital.
Clients are understood as a collective investment scheme, its investors in our products and/or recipient of our services such as individuals or entities under a portfolio management mandate with Cape Capital depending on the type of services as well as employee(s), officer, trustee, beneficiary, or representative of an institutional or intermediary client of Cape Capital.
“Personal Data” means any information relating to an identified or identifiable natural person.
“You” means each person to whom this notice is addressed, who may be:
(a) a Client or prospective Client of ours, or a person related to a Client or prospective Client;
(b) a visitor to the Cape Capital website; or
(c) an employee, director, officer or representative of another organisation with which Cape Capital has a business relationship or otherwise interact with.

Cape Capital collects and uses certain Personal Data. Cape Capital is responsible for ensuring that it uses that Personal Data in compliance with applicable data protection laws. Cape Capital is the controller for the processing of Personal Data in relation with this Cape Capital Privacy Notice.
Cape Capital respects Your/Clients’ privacy and is committed to keeping your Personal Data secure.
This Cape Capital Privacy Notice is directed to individuals whose Personal Data is processed in relation with commercial and related activities of Cape Capital, including Clients and prospective Clients as well as their representatives, agents or appointees, and employees, directors, officers and representatives of other organisations with which Cape Capital has a business relationship or otherwise interacts with, and data subjects related to Clients and prospective Clients. This Privacy Notice is also addressed to visitors to our websites.

Cape Capital collects Personal Data about You/its Clients in the following ways and circumstances:
Personal Data that Cape Capital receives in the course of providing products or services to Clients/You. This Personal Data may be provided directly by Clients/You, but may also be collected it from other parties, for example from providers of ‘know your client’ and anti-money laundering services, which Cape Capital sometimes use to help us meet legal obligations.
Personal Data that Cape Capital receives as part of the interest in Cape Capital products or services. This Personal Data is usually provided by Cape Capital/You and includes enquiries and other activities You/Clients perform while visiting Cape Capital premises, events and using the Cape Capital website. It may also include Personal Data about individuals who are related to You/Clients or prospective Clients.
Personal Data that Cape Capital receives through the use of the Cape Capital website. Details of how Cape Capital handles such Personal Data are set out in paragraph 10 of the Cape Capital Privacy Notice.
Personal Data that Cape Capital collects, receives or generates in other scenarios, for example if Cape Capital works or interacts with a company or authority You/Clients work for, or if You/Clients communicate with Cape Capital or if Cape Capital communicate with You/Clients, or if we are involved in administrative or judicial proceedings.
Cape Capital may combine the Personal Data about You/Clients that Cape Capital collects directly from You/Clients with information collected from or about You/Clients in other contexts, such as from the Cape Capital website or obtained from third parties.
Many of the products or services Cape Capital offers and Cape Capital activities require Cape Capital to obtain and process Personal Data, such as:
 Information that You/Clients provide to Cape Capital. This includes information, respectively categories of Personal Data about You/Cape Capital that You/Clients provide to us determined by the nature of the relationship with You/Clients such as:
o basic Personal Data such as first name; family name; national insurance number; email address; phone number; address (including city postcode and country); occupation and job title; financial data such as salary, benefits and other contributions received; bank details; ID documentation (including your photograph); date of birth; life events and family information; and
o sensitive Personal Data, which may be included in information we process about Your/Client’s nationality, place of birth, health related information, disability status, or details of political affiliations, or records of criminal offences and court proceedings; and
o any other Personal Data that You/Clients choose to share with Cape Capital.
Relating to the provision of product and services to You/Clients, Cape Capital processes Personal Data that You/Clients provide to Cape Capital about any individual on whose behalf You/Clients act (or who works with a company on whose behalf You/Clients act) or who is otherwise related to You/Clients, for example investment beneficiaries, beneficial owners, family members, representatives, attorneys, co-workers, etc. By providing Cape Capital with their Personal Data, You/Cape Capital confirms that this Personal Data is accurate and that You/Cape Capital has provided these persons with the information set out in the Cape Capital Privacy Notice, and Cape Capital may assume that You/Clients are authorised to make such disclosure.
 Information that Cape Capital collects from or generates about You/Clients. This may include:
o Personal Data that Cape Capital may receive or generate as a record of the relationship with the Clients and prospective Clients, including information relating to the negotiation of contract and any other information required or used for performing a contract, including the contact history; and
o any Personal Data that You/Clients provide to Cape Capital or that Cape Capital generates during communication with You/Clients, or You/Clients with Cape Capital, including contact details and the metadata of the communication, and including records of telephone and email communications, which Cape Capital may keep and process in order to resolve complaints, improve service and comply with legal and regulatory requirements; and
o any Personal Data that Cape Capital obtains in relation to the use of the Cape Capital website (limited to the situations where users make themselves known).
 Information that Cape Capital obtains from other sources; some of this Personal Data may be sensitive and may include:
o information from public and restricted-access sources, including third party agencies such as credit reference agencies, fraud prevention agencies, law enforcement agencies, official databases, registers and records such as such as commercial registers, criminal registers and bankruptcy registers, and other publicly accessible sources (e.g. internet); and
o information provided to Cape Capital by independent financial advisors (IFAs), other professional advisers, product providers, event organisers, other agents and/or
o representatives, industry databases and other business intelligence tools that Cape Capital subscribes to; and
 information obtained from sanctions checking and background screening service providers; and
 information obtained in relation with administrative or judicial proceedings which Cape Capital might be involved in.
You are not obliged or required to disclose Personal Data to Cape Capital except in individual cases. For example, if You/Clients wish to enter into contracts with Cape Capital or use the products or services, You/Clients are required to provide Personal Data to Cape Capital, and when You/Clients use the Cape Capital website, processing technical data cannot be avoided.

Your/Clients Personal Data may be stored and processed by Cape Capital in the following ways and for the following purposes:
 allow Clients and prospective Clients to use and access Cape Capitals products and services;
 assess Client and prospective Client applications or contracts for Cape Capitals products and services;
 set up / on-board prospective Clients to use Cape Capitals products and services;
 keep our records up to date;
 monitor IT systems in order to protect against cyber threats or malicious activity including abuse and misuse;
 protect our premises from unauthorised access or use, or any unlawful activity;
 administer or maintain IT systems in order to uphold standards of service;
 ongoing review and improvement of the information provided on the Cape Capital website to make them user friendly and prevent potential disruptions or cyber attacks;
 understand feedback on Cape Capitals products and services and help provide more information on the use of those products and services quickly and easily;
 communicate with and better understand the interests of Clients and prospective Clients in order to provide services or targeted information about Cape Capital and other Cape Capital products and services;
 effectively manage and strengthen Client and prospective Client relationships, understand Client and prospective Client needs and interests and learn more about Clients and prospective Clients to develop, improve and manage the offered Cape Capital products and services;
 maintain customer relationship management systems;
 marketing and promotional purposes;
 management, operation and administration of Cape Capitals business;
 prevent and investigate claims or suspicions of illegitimate or unlawful activities;
 establish, exercise and defend our legal rights and to participate in administrative or judicial proceedings;
 risk management and as part of corporate governance, including business organisation and development;
 comply with and in order to assess compliance with applicable laws, rules and regulations, and internal policies and procedures;
 administration and maintenance of databases storing your Personal Data; or
 outsource functions and services to, or to procure services from third party service providers.

Cape Capital may share Personal Data within the organisation for the purposes described above.
Cape Capital may also share your Personal Data outside of Cape Capital as further described below:
 with business partners of Cape Capital where they are contractually obliged to comply with appropriate data protection obligations;
 with representatives, agents, custodians, intermediaries and/or other third party product providers appointed by the Client or prospective Client (such as accountants, professional advisors, custody service providers and product providers);
 with third party agents and contractors for the purposes of providing services both to us (for example, accountants, professional advisors, IT and communications providers, background screening providers, credit reference agencies and debt collectors) and to You/Clients whereas these third parties will be subject to appropriate data protection obligations;
 with any depository, stock exchange, clearing or settlement system, counterparties, dealers and others where disclosure of your Personal Data is reasonably intended for the purpose of effecting, managing or reporting transactions or establishing a relationship with a view to such transactions;
 where You/Clients are a joint account or portfolio holder (or otherwise one of multiple persons holding an account or portfolio), Cape Capital may disclose Your/Clients Personal Data to the other joint account or portfolio holder or other person;
 with regulators, auditors and authorities, to the extent required by law or regulation, for example if we are under a duty to disclose your Personal Data in order to comply with any legal obligation (including, without limitation, in order to comply with tax reporting requirements and other disclosure requirements);
 with courts and other persons involved in administrative or legal proceedings; and
 with a prospective buyer for due diligence purposes if Cape Capital sells or contemplates selling any part of our business or assets.
Cape Capital may share Your/Clients Personal Data with third parties outside of Cape Capital to whom Cape Capital outsources functions or services or from whom Cape Capital procures services (collectively referred to as “Service Providers”). Such Service Providers may be located in Switzerland or abroad. Relevant functions and services may concern, e.g., administrative activities and functions, the processing of payments and other transactions, securities settlement and administration, administration of other financial instruments, operation, maintenance and support of IT systems and other services relating to IT, printing and dispatching of banking documents, compliance and risk management, accounting, maintenance and support of customer relationship management systems, marketing and other back office and middle office services. We may permit our Service Providers to sub-contract services to third party service providers. We contractually require our Service Providers to comply with appropriate confidentiality, data protection and data security obligations.

Cape Capital is a global business with Clients and operations around the world. As a result, Cape Capital collects and transfers Personal Data and from time to time to Service Providers, on a global basis. That means that we may transfer your Personal Data to locations outside of Switzerland, including, without limitation, to member states of the European Union and European Economic Area, as well as to other countries around the world, including, without limitation, to locations of Service Providers or their subcontractors, where transactions are executed or services are provided.
Where Cape Capital transfer Your/Clients Personal Data to another country we take appropriate measures to ensure that it will be protected and transferred in a manner consistent with applicable legal requirements, for example in one of the following ways:
 the country to which Cape Capital sends Your/Clients Personal Data offers or guarantees an adequate level of protection (Art. 16(f) Swiss Data Protection Laws)
 for Personal Data according to Swiss data protection regulation;
 the recipient is subject to a legally recognised set of rules to ensure data protection;
 the recipient signed up to a contract based on the “standard contractual clauses” approved by the European Commission and recognised by the Swiss Data Protection and Information Commissioner and adjusted to the Swiss data protection regulation, obliging them to protect Your/Clients Personal Data to an adequate level.
Cape Capital may also transfer Personal Data otherwise, where the law explicitly permits such a transfer, for example where the transfer is necessary for the establishment, exercise or defence of legal claims, or to perform a contract.
You/Clients can obtain more details of the protection given to Personal Data when it is transferred outside Switzerland by contacting us as described in paragraph 12 below.
Data is a critical business asset and must be protected appropriate to its risk as well as its importance or value.
Cape Capital operates and maintains physical, electronic and procedural safeguards to ensure an appropriate level of security for Personal Data, and Cape Capital restricts access only to authorised personnel. The effectiveness of these safeguards is periodically tested.
Cape Capital also has appropriate controls and mechanisms in place to detect, respond and recover in case of adverse events.
Where Cape Capital processes Personal Data, You/Clients may have the following rights, and in most cases You/Clients may exercise them free of charge the right to:
 obtain information regarding the processing of Personal Data and access to the Personal Data which Cape Capitals hold about You/respective Clients;
 withdraw your consent to the processing of your Personal Data at any time. Please note, however, that Cape Capital may still be entitled to process Your/Clients Personal Data if Cape Capital has another legitimate reason for doing so. For example, Cape Capital may need to retain your Personal Data to comply with a legal or regulatory requirements;
 in some circumstances, the right to receive some Personal Data in a structured, commonly used and machine-readable format and/or request that Cape Capital transmits such data to a third party where this is technically feasible; please note that this right only applies to certain types of Personal Data;
 request that Cape Capital rectifies Your/Clients Personal Data if it is inaccurate or incomplete;
 request that Cape Capital erases Your/Clients Personal Data in certain circumstances; please note that there may be circumstances where You/Clients ask us to either permanently and irrevocably erase or return Your/Clients Personal Data but Cape Capital is required or entitled to retain it; Cape Capital must promptly delete or anonymize Your Personal Data when it is no longer necessary for servicing purposes;
 object to, or request that Cape Capital restricts, our processing of Your/Clients Personal Data in certain circumstances; again, there may be circumstances where You/Clients object to, or ask us to restrict, our processing of Your/Clients Personal Data but Cape Capital is required or entitled to refuse that request; and
 lodge a complaint with the relevant data protection supervisory authority if you think that any of Your/Clients rights have been infringed by us.
You/Clients can exercise rights by contacting Cape Capital using the details provided at paragraph 12 below.
Cape Capital will promptly report any data security breaches, especially incidents resulting in the destruction, loss, alteration, unauthorized access, or unauthorized disclosure of order data. If You/Clients are obligated to report data security breaches to any supervisory authority (Art. 24 of the Data Protection Law), Cape Capital will, at Your/Client's request, swiftly and effectively assist You/Clients, providing necessary information to enable You/Clients to fulfil their obligations.
In case You/Clients use the Cape Capital website, Cape Capital may collect technical information, for example through the use of cookies. The type of information collected varies by category of cookies as explained in the Cape Capital Cookie Notice. Cape Capital does provide You/Clients with the opportunity to selectively accept certain categories of cookies in Your/Clients Web browser through Cape Capitals Cookie Manager application. If You/Clients accept tracking cookies, we will be able to combine the information Cape Capital collects about Your/Clients usage of Cape Capitals website during that session with other information Cape Capital knows about You/Clients such as any searches You/Clients conduct on the Cape Capital website or information You/Clients request during Your/Clients web session. Cape Capital will use this combined information to assess the appeal and usefulness of the information and tools offered on Cape Capital website as well as to identify Cape Capital products and services that may be of interest to You/Clients.
Cape Capital also collect anonymous information related to browsing habits of users through other categories of cookies with the purpose of managing and improving the Cape Capital website.
If You/Clients use the Cape Capital website to communicate with Cape Capital or apply for or use a product or service, please see above information about how Cape Capital processes Personal Data in relation with these activities.
If You/Cape Capital uses a Cape Capital website and follows a link from it to another website (including a website operated by Cape Capital), different privacy policies may apply. Prior to submitting any Personal Data to a website You/Clients should read the privacy policy applicable to that website.
Any changes to the Cape Capital Privacy Notice will be posted on the Cape Capital website and where appropriate, notified to You/Clients by email or other appropriate means. Please also check frequently to see any updates or changes to the Cape Capital Privacy Notice.
If You/Clients have any questions or concerns about Cape Capitals’ handling of Personal Data, or about this Cape Capital Privacy Notice, or how to exercise any of Your/Clients rights, please contact Cape Capital at the following address:
Cape Capital AG
Utoquai 55
8008 Zürich
You can also reach us by email at [].
If you raise a concern or exercise your rights, we may in each case in accordance with our data protection and other legal obligations:
 request additional details from You/Clients regarding their concerns and Personal Data limited to what is necessary for the purpose of authenticating You/Clients;
 engage or consult with other parties in order to investigate and resolve Your/Clients issue (and these parties will receive and process information about You/Clients); and/or
 keep records of Your/Clients request and any resolution of Your/Clients issue.

Cape Capital AG

Last updated: November 2023

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Utoquai 55
8008 Zürich

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+41 43 888 45 60

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