(the "Privacy Policy")
This Privacy Policy describes how we, the Dialectic Group process personal data in the context of our activities. In this Privacy Policy, we describe what we do with your personal data when you use www.dialectic.ky and www.dialectic.com (each, a Website, and collectively, the Websites), obtain our services or products, otherwise interact with us under a contract, communicate with us, or otherwise deal with us.
For the purposes of this Privacy Policy, “Dialectic Group” refers to any entities of the group, including but not limited to Dialectic SPC and Dialectic Cayman, 103 South Church Street, George Town, Grand Cayman, Cayman Islands, KY1 1002, Dialectic Group Holdings AG, Dialectic AG, Dialectic Atelier AG, Dialectic Compound AG, 1of1 AG and Dialectic Alpha Machine AG, Grafenaustrasse 5, 6300 Zug, Switzerland, and Dialectic Meccanico Ltd., Craigmuir Chambers, Road Town, Tortola, VG1110, British Virgin Islands. Unless indicated otherwise in this Privacy Policy, the relevant entity of the Dialectic Group with which you have or may establish a relationship, acts as independent data controller of such personal data and is therefore responsible for ensuring compliance when processing your personal data. More details about the roles and functions of the different entities are set forth in Sections 1.1-1.5 below. Please take note of the information below to know what personal data we collect from you and for what purposes we use it. The Dialectic Group complies with applicable data protection laws. For Swiss entities, this is primarily the Swiss data protection law, in particular the Federal Act on Data Protection (FADP). For Dialectic SPC and other Cayman Islands entities, this is primarily the Cayman Islands Data Protection Act (2021 Revision) (Cayman DPA). For Dialectic Meccanico Ltd., this is primarily the Virgin Islands Data Protection Act, 2021 (BVI DPA). Other local laws may apply as well from time to time.
Please note that the following information may be reviewed and amended from time to time. Therefore, we recommend regularly checking this Privacy Policy for any updates. Furthermore, for individual data processing listed below, other companies are responsible under data protection law or jointly responsible with us, so that in these cases, the information provided by those companies is also relevant.
Dialectic SPC is the data controller for the operation of the Websites. Dialectic SPC processes personal data in accordance with the processing activities described in Section 5. of this Privacy Policy.
Dialectic SPC and Dialectic Cayman are the data controllers for all personal data processed in connection with the Group’s investment management and fund‑related activities. This includes investment analysis, portfolio management, regulatory obligations, reporting, and all processing relating to investors and prospective investors. See more details about this data processing in Section 3.
Swiss entities may perform support activities as data processors strictly in accordance with Dialectic SPC’s and Dialectic Cayman’s documented instructions and without any authority to determine the purposes or means of investment-related processing. They do not have a contractual relationship with investors and do not determine the purposes or means of investment‑related processing. Any processing of personal data by the Swiss entities does not imply involvement in, or responsibility for, investment decisions or regulated investment activities.
For the purpose of providing investors with access to portfolio performance information and other fund-related reporting, Dialectic SPC may use a third-party dashboard and visualisation service provided by Raintank Inc., doing business as Grafana Labs, 165 Broadway, 23rd Floor, New York, NY 10006, USA (Grafana Labs). The dashboards are created and administered exclusively by Dialectic SPC and made available to investors on an individual basis. Investors are not required to create their own accounts with Grafana Labs. Access to the dashboards is granted by Dialectic SPC (e.g., by providing view-only access via the investor’s email address). Grafana Labs acts solely as a technical service provider and does not have any decision-making authority with respect to the content, purposes or use of the dashboards. In this context, certain personal data, such as identification and contact details (e.g., name and email address) and portfolio-related information, may be processed by Grafana Labs to the extent necessary to provide the dashboard and hosting services. Grafana Labs processes such personal data as a data processor on behalf of Dialectic SPC and in accordance with applicable data-protection laws and contractual arrangements. The use of such dashboard and reporting tools serves exclusively to provide informational access and transparency to investors and does not constitute investment management, portfolio management, investment advice or any other regulated financial service. Further information on transfers of personal data to third countries and the safeguards implemented can be found in Sections 4.2 to 4.4 of this Privacy Policy.
For Dialectic SPC and Dialectic Cayman, this processing is carried out on the basis of contractual necessity with investors (Cayman DPA, Schedule 2, condition 2) and Dialectic SPC's and Dialectic Cayman’s legitimate interests in providing efficient, secure and transparent reporting to investors (Cayman DPA, Schedule 2, condition 6). Under Swiss law, the processing by Swiss entities in their capacity as data processors is proportionate and serves purposes directly connected with the performance of their contractual obligations.
In connection with the administration of the funds, Dialectic SPC engages NAV Consulting, Inc. (d/b/a NAV Fund Services), 1 Trans Am Plaza Dr., Suite 400, Oakbrook Terrace, Illinois 60181, USA (NAV Consulting) as fund administrator and transfer agent. In this role, NAV Consulting performs transfer agency functions, including maintaining the register of shareholders, managing the allotment, issue, transfer and redemption of shares, and handling investor documentation, as well as fund administration functions such as calculating the net asset value (NAV), maintaining financial records, arranging audits, and confirming subscription and redemption payments. In performing these activities, NAV Consulting processes personal data of investors and prospective investors as an independent data controller under applicable data protection laws. NAV Consulting determines the purposes and essential means of the processing independently, in particular where such processing is required to comply with applicable legal and regulatory obligations or to perform its contractual duties as fund administrator and transfer agent. NAV Consulting is responsible for complying with applicable data protection laws in respect of the personal data it processes as a data controller.
Further information on the processing of personal data by NAV Consulting, including applicable legal bases and data subject rights, can be found in NAV Consulting’s own privacy notice, available at https://www.navfundservices.com/privacy-policy-notice.
The engagement of NAV Consulting is necessary to comply with legal and regulatory obligations applicable to Dialectic SPC (Cayman DPA, Schedule 2, condition 3), including obligations relating to fund administration, transfer agency, and investor record-keeping under Cayman Islands law. In addition, this engagement is necessary for the performance of contracts with investors and the proper administration of the funds (Cayman DPA, Schedule 2, condition 2), as well as Dialectic SPC's legitimate interests in ensuring the orderly handling of investor-related matters (Cayman DPA, Schedule 2, condition 6). Information about data processing by third parties and any transfer abroad can be found in Sections 4.2 to 4.4 of this Privacy Policy.
Dialectic SPC is the data controller for the processing of personal data in connection with investor-relations activities relating to the funds (e.g., providing fund information, organising meetings or calls, coordination of communications with investors or prospective investors).
For the purposes of managing and documenting investor-relations communications and interactions, Dialectic SPC may use a customer relationship management (CRM) system provided by HubSpot, Inc., 25 First Street, Cambridge, MA 02141, USA (HubSpot). Personal data relating to investors or prospective investors may therefore be stored and processed within HubSpot’s systems. HubSpot acts as a data processor on behalf of Dialectic SPC and processes such data solely in accordance with Dialectic SPC’s instructions and applicable data protection laws. HubSpot provides a Data Processing Annex and implements appropriate safeguards for international data transfers, including standard data protection clauses recognised by the Swiss Federal Data Protection and Information Commissioner (FDPIC) and accepted under the Cayman DPA. Information about data processing by third parties and any transfer abroad can be found in Sections 4.2 to 4.4 of this Privacy Policy.
For the purposes of managing, documenting and delivering investor-relations communications and notifications relating to the funds, Dialectic SPC may also use email communication and distribution tools provided by third-party service providers. In this context, Dialectic SPC may use a software application provided by The Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, Georgia 30308, USA (Mailchimp) for the technical delivery of such communications. Therefore, your data may be stored in a database of Mailchimp and processed in its systems, which may allow Mailchimp to access your data if this is necessary for providing the software and supporting its use. Mailchimp acts as a data processor on behalf of Dialectic SPC and processes personal data solely in accordance with Dialectic SPC’s instructions and applicable data-protection laws. Such communications are limited to fund-related, contractual or informational messages and do not constitute marketing communications. Mailchimp provides a Data Processing Addendum and adheres to GDPR-compatible transfer frameworks (e.g., Data Privacy Framework / Standard Contractual Clauses).
This processing is necessary for the performance of contracts with investors and the implementation of pre-contractual measures (Cayman DPA, Schedule 2, condition 2), as well as Dialectic SPC's legitimate interests in maintaining efficient and reliable communication with investors and prospective investors and in ensuring the orderly management of investor-relations activities (Cayman DPA, Schedule 2, condition 6). Information about data processing by third parties and any transfer abroad can be found in Sections 4.2 to 4.4 of this Privacy Policy.
There is a possibility that Mailchimp may want to use some of this data for its own purposes (e.g., for sending marketing emails or conducting statistical analysis). For these data processing activities, Mailchimp acts as an independent data controller and is solely responsible for ensuring that such processing complies with applicable data protection laws. Information about data processing by Mailchimp can be found at https://www.intuit.com/privacy/statement/.
Each entity within the Dialectic Group acts as the independent controller for the processing of personal data relating to its own employees, contractors, and job applicants. This includes data processed for recruitment, onboarding, HR administration, performance management, legal compliance, and any other employment‑related context. See regarding applicant data Section 3.3. Information about the processing of employee data is contained in a separate internal document.
If you have any questions regarding data protection or wish to exercise your rights, please contact our data protection contact person by sending an email to the following address: privacy@dialectic.com.
You also have the right to lodge a complaint with the competent supervisory authority. The relevant supervisory authorities for the Dialectic Group are: (i) in Switzerland: the Swiss Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, 3003 Bern, Switzerland (www.edoeb.admin.ch); and (ii) in the Cayman Islands: the Office of the Ombudsman, PO Box 2252, Grand Cayman KY1-1107, CAYMAN ISLANDS (www.ombudsman.ky); and (iii) in the British Virgin Islands: the Office of the Information Commissioner established under the Data Protection Act, 2021.
If you contact us through our contact addresses and channels (e.g., by e-mail or phone), your personal data is processed. We process the data you provide us with, such as your name, email address, phone number, and your request. Additionally, the time of receipt of the request will be documented. We process this data to address your request (e.g., providing information about our products and services, assisting with contract processing, incorporating your feedback into the improvement of our products and services, etc.).
This processing is based on our legitimate interests in addressing your request and maintaining effective communication (Cayman DPA, Schedule 2, condition 6). Where your request is aimed at the conclusion or performance of a contract, the processing is additionally necessary for the implementation of pre-contractual or contractual measures at your request (Cayman DPA, Schedule 2, condition 2). Under Swiss law, such processing is proportionate to the stated purposes and does not constitute an unjustified infringement of your personality rights.
If you register for our marketing emails (e.g. during your visit to our Websites), the following data is collected. Mandatory fields are marked with an asterisk (*):
Email address
Salutation
First and last name
By registering, you consent to the processing of this data in order to receive marketing emails from us about our products and services. These marketing emails may also include invitations to participate in contests, to provide feedback, or to rate our products and services. The collection of the salutation, first and last name allows us to associate the registration with any existing customer account and personalise the content of the marketing emails accordingly. Linking it to a customer account allows us to make the offers and content contained in the marketing emails more relevant to you and better tailored to your potential needs.
We will use your data to send marketing emails until you withdraw your consent. You can withdraw your consent at any time, in particular by using the unsubscribe link included in all marketing emails.
Our marketing emails may contain a web beacon, 1x1 pixel (tracking pixel), or similar technical tools. A web beacon is an invisible graphic that is linked to the user ID of the respective subscriber. For each marketing email sent, we receive information about which email addresses it was successfully delivered to, which email addresses have not yet received the marketing email, and which email addresses the delivery has failed for. It is also shown which email addresses have opened the marketing email and for how long, as well as which links have been clicked. Finally, we also receive information about subscribers who have unsubscribed from the mailing list. We use this data for statistical purposes and to optimise the frequency and timing of email delivery, as well as the structure and content of the marketing emails. This allows us to better tailor the information and offers in our marketing emails to the individual interests of the recipients.
The web beacon is deleted when you delete the marketing email. You can prevent the use of web beacons in our marketing emails by adjusting the settings of your email program so that HTML is not displayed in messages. You can find information on how to configure this setting in the help documentation of your email software application, e.g. here for Microsoft Outlook.
By subscribing to the marketing emails, you also consent to the statistical analysis of user behaviour for the purpose of optimising and customising the marketing emails.
For sending and administering marketing emails and newsletters, we may use a software application provided by Mailchimp. Therefore, your data may be stored in a database of Mailchimp and processed in its systems, which may allow Mailchimp to access your data if this is necessary for providing the software and supporting its use. Mailchimp acts as a data processor on behalf of the relevant Dialectic Group entity and processes personal data solely in accordance with its instructions and applicable data-protection laws. Mailchimp provides a Data Processing Addendum and implements appropriate safeguards for international data transfers, including standard data protection clauses recognised by the FDPIC and accepted under the Cayman DPA. Information about data processing by third parties and any transfer abroad can be found in Sections 4.2 to 4.4 of this Privacy Policy.
This processing is based on your consent. Under Swiss law, your consent constitutes a justification for any processing that would otherwise infringe your personality rights (Art. 31 para. 1 FADP). Under the Cayman DPA, your consent constitutes a condition for processing (Schedule 2, condition 1; Schedule 5). You can withdraw your consent at any time, in particular by using the unsubscribe link included in all marketing emails. The withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal.
There is a possibility that Mailchimp may want to use some of this data for its own purposes (e.g., for sending marketing emails or conducting statistical analysis). For these data processing activities, Mailchimp acts as an independent data controller and is solely responsible for ensuring that such processing complies with applicable data protection laws. Further information on Mailchimp's data processing can be found at https://www.intuit.com/privacy/statement/.
You can apply for a position within the Dialectic Group either spontaneously or in response to a specific job advertisement. In both cases, we will process the personal data you provide us with.
We use the data you provide us with to assess your application and suitability for employment. Application documents from unsuccessful applicants will be deleted within three (3) months of the end of the application process, unless you explicitly agree to a longer retention period or we are legally obliged to retain them for a longer period.
For the processing of applications, we may use a software application provided by Greenhouse Software, Inc., 228 Park Avenue S., PMB 14744, New York, NY 10003-1502, USA (Greenhouse). Greenhouse is an applicant tracking system that supports the management of recruitment processes, including receiving applications, screening candidates, scheduling interviews, and maintaining applicant records. Therefore, your data may be stored in a database of Greenhouse, which may allow Greenhouse to access your data if this is necessary for providing the software and supporting its use. Information about data processing by third parties and any transfer abroad can be found in Sections 4.2 to 4.4 of this Privacy Policy.
The processing of your application data is necessary for steps taken at your request prior to entering into an employment contract (Cayman DPA, Schedule 2, condition 2). Under Swiss law, this processing is directly connected with the conclusion of a potential employment contract and is therefore justified under Art. 31 para. 2 lit. a FDPA.
To the extent application data includes sensitive personal data, we process such data only where an additional condition for processing sensitive personal data under Schedule 3 of the Cayman DPA applies, such as your consent, employment-related legal obligations, information you have made public, or the establishment, exercise or defence of legal rights.
There is a possibility that Greenhouse may want to use some of this data for its own purposes (e.g., for sending marketing emails or conducting statistical analysis). For these data processing activities, Greenhouse acts as an independent data controller and is solely responsible for ensuring that such processing complies with applicable data protection laws. Further information on Greenhouse's data processing can be found at https://www.greenhouse.com/privacy-policy.
We process personal data where this is necessary to enter into, administer, or perform contractual relationships with you or with the organisations you represent. This may include data such as contact details, communication content, contractual documentation, information concerning the fulfilment of contractual obligations and pre-contractual measures, billing and payment information, and any other data required to manage our business relationships, provide our services, respond to enquiries, maintain records, and fulfil our commitments. Such processing also includes the internal administration and coordination necessary to ensure the proper delivery of our services and the management of our operational activities.
This processing is necessary for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract (Cayman DPA, Schedule 2, condition 2). Under Swiss law, such processing is directly connected with the conclusion or performance of a contract with you and is therefore justified under Art. 31 para. 2 lit. a FDPA.
In connection with the establishment and performance of pre-contractual or contractual relationships, as well as the onboarding and ongoing assessment of investors, prospective investors, business partners, service providers or other counterparties, certain personal data may be processed to comply with legal and regulatory obligations relating to anti‑money‑laundering (AML), counter‑terrorism financing (CTF), sanctions requirements, tax transparency rules, financial-crime prevention, and other due‑diligence obligations applicable. This may include identification data (such as copies of passports or identity documents, proof of address, nationality), financial data (such as account numbers, client reference numbers, bank account information, wallet addresses), and AML/KYC data (such as information on source of funds and source of wealth, beneficial ownership information, sanctions and politically exposed person (PEP) screenings), and any documentation or declarations required under applicable laws or regulations.
For the structured onboarding of investors, prospective investors, business partners, service providers or other counterparties, and for the collection, management and documentation of KYC-related information, a relevant Dialectic Group entity may use third-party onboarding and workflow service providers, including Passthrough, Inc., 228 Park Ave S, PMB 42032, New York, NY 10003-1502, USA (Passthrough). Passthrough provides electronic onboarding workflows, document collection and management tools, and related functionality to support the establishment and administration of contractual or pre-contractual relationships. In this context, Passthrough processes personal data as a data processor on behalf of the relevant Dialectic Group entity and in accordance with its instructions and applicable data-protection laws. Passthrough does not perform AML, sanctions, PEP or other regulatory screening or monitoring activities. Such compliance checks, where required, are carried out separately as described below.
In limited circumstances, Passthrough may process certain personal data for its own purposes (for example, where a user creates and reuses an investor profile across multiple customers’ platforms, or for security, platform integrity or compliance purposes). For such processing activities, Passthrough acts as an independent data controller and is responsible for compliance with applicable data-protection laws. Further information on Passthrough’s data-processing activities can be found in its Privacy Policy.
For the purposes of conducting AML, CTF, sanctions, PEP and other regulatory compliance checks, as well as for ongoing monitoring and related due-diligence activities, a relevant Dialectic Group entity may use third-party compliance and due-diligence service providers, including Provenance Compliance Ltd., Whitehall House, 238 North Church Street, George Town, Cayman Islands (Provenance). As part of the establishment and performance of pre-contractual or contractual relationships, as well as the onboarding and ongoing assessment of investors, prospective investors, business partners, service providers or other counterparties, such counterparties may be requested to provide identification data, financial data, AML/KYC data, and any required documentation or declarations directly to Provenance. Provenance processes such personal data as a data processor on behalf of the relevant Dialectic Group entity in order to perform AML, KYC and sanctions checks in accordance with applicable legal and regulatory requirements. The results of such checks are made available to the relevant Dialectic Group entity for the purposes mentioned above.
In addition, Provenance may process certain personal data for its own purposes, such as complying with its own legal obligations, ensuring the security and integrity of its platform, preventing fraud or abuse, or improving its services. For such processing activities, Provenance acts as an independent data controller and is responsible for complying with applicable data-protection laws. Further information on Provenance’s data-processing activities can be found in its Privacy Notice.
This processing is necessary to comply with legal and regulatory obligations applicable to the relevant Dialectic Group entity (Cayman DPA, Schedule 2, condition 3), including obligations under the Cayman Islands Proceeds of Crime (Money Laundering) Regulations, the Anti-Money Laundering Regulations (Cayman Islands), applicable sanctions regimes, and tax transparency requirements. Where relevant, this processing is additionally necessary for the performance of a contract with the data subject or the implementation of pre-contractual measures (Cayman DPA, Schedule 2, condition 2). Under Swiss law, such processing is justified on the basis that it is directly connected with the conclusion or performance of a contract with the data subject (Art. 31 para. 2 lit. a FDPA) and is required by applicable Swiss and international AML, CTF, sanctions and tax transparency legislation. Information about data processing by third parties and any transfers of personal data to third countries, as well as the safeguards implemented, can be found in Sections 4.2 to 4.4 of this Privacy Policy.
Where the relevant Dialectic Group entity is Dialectic Meccanico Ltd., the BVI DPA applies to this processing. Dialectic Meccanico Ltd. carries out such screening on a voluntary basis as part of its counterparty due diligence. This processing is based on your express consent, which you provide by submitting the relevant identification, financial and due-diligence information and by accepting the applicable terms of service, which refer to these checks and to this Privacy Policy. Where the processing involves sensitive personal data, such as information relating to the commission or alleged commission of an offence arising from sanctions, politically exposed person or adverse-media screening, it is carried out with your express consent and otherwise in accordance with the BVI DPA. This processing is additionally necessary for the taking of steps at your request with a view to entering into a contract, or for the performance of a contract to which you are a party. Certain screening results may be obtained from third-party databases and other screening sources. You may withdraw your consent at any time; however, this may mean that Dialectic Meccanico Ltd. is unable to enter into or continue the relevant relationship, and the withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal.
To the extent KYC, AML, sanctions or similar due-diligence processing includes sensitive personal data, we process such data only where an additional condition for processing sensitive personal data under Schedule 3 of the Cayman DPA applies, including, as applicable, your consent, information you have made public, processing necessary for legal proceedings, obtaining legal advice or establishing, exercising or defending legal rights, or any other applicable Schedule 3 condition.
The provision of certain personal data may be necessary in order for us or our service providers to enter into or perform a contract with you, process an application or other request, provide services, administer investor or other business relationships, and comply with applicable legal and regulatory obligations, including KYC, AML, sanctions and tax reporting requirements. If such personal data is not provided when requested, we may be unable to accept or continue an application, provide the relevant services, process transactions, maintain the relevant relationship, or may be required to take other steps available to us under applicable law or contractual arrangements.
We use Google Drive as a cloud‑based storage and collaboration platform for the internal management of documents and information. When we store or manage documents on Google Drive, personal data contained in such documents may be processed. This may include identification data, contact details, communication content, contractual data, administrative records, and other information relevant to our internal operations.
Access to Google Drive is role‑based. This means that employees only have access to the folders and documents necessary to perform their duties. Access rights are managed centrally and adjusted as required by organisational responsibilities, internal workflows, or regulatory obligations. The data processed through Google Drive is handled in accordance with our internal policies on information security, confidentiality, and data protection. For the avoidance of doubt, the use of Google Drive as an internal storage and collaboration tool does not determine or alter the allocation of roles and responsibilities under applicable data-protection, contractual or regulatory laws or regulations. In particular, individual access by employees of Swiss entities to documents stored on Google Drive does not imply involvement in investment management, investment decision-making or other regulated financial activities carried out by Dialectic SPC.
This processing is based on our legitimate interests in ensuring the secure, efficient, and organised management of information, enabling collaboration within the Dialectic Group, and supporting the internal processes necessary for the operation of our services (Cayman DPA, Schedule 2, condition 6). Under Swiss law, such processing is proportionate to the stated purposes and does not constitute an unjustified infringement of your personality rights. Information about transfers of personal data to third countries, including to Google LLC in the United States, and the safeguards implemented can be found in Sections 4.2 to 4.4 of this Privacy Policy.
We may process personal data where necessary to establish, exercise or defend legal claims, or to provide evidence in the event of a dispute. This includes retaining and reviewing correspondence, transactional records, communication logs, contractual documents, and any other information required to demonstrate the occurrence of a transaction, the content of a commercial exchange, compliance with statutory duties, or the proper performance of our activities. Such processing may also be required to respond to inquiries from authorities, to safeguard our rights, or to prepare or conduct legal proceedings.
This processing is based on our legitimate interests in the establishment, exercise or defence of legal claims (Cayman DPA, Schedule 2, condition 6). Where such processing is required to comply with a court order, regulatory decision or other legal obligation, it is additionally justified on the basis of compliance with a legal obligation applicable to us (Cayman DPA, Schedule 2, condition 3). Under Swiss law, this processing is justified on the basis that our overriding interest in the establishment, exercise or defence of legal claims outweighs the interests of the data subject (Art. 31 para. 2 lit. d FDPA).
Entities within the Dialectic Group may share personal data with one another where necessary for the operation of the Websites or perform relevant activities. Such intra‑group sharing is limited to what is required for the relevant entity to perform its assigned functions and is carried out in accordance with applicable legal and contractual requirements. Each entity is responsible for handling the personal data it receives in line with this Privacy Policy and applicable data‑protection laws.
This processing is based on our legitimate interests in the efficient management and administration of the Dialectic Group (Cayman DPA, Schedule 2, condition 6). Where such processing is necessary for the performance of a contract with the data subject or the implementation of pre-contractual measures, it is additionally justified on that basis (Cayman DPA, Schedule 2, condition 2). Under Swiss law, disclosures of personal data within the Dialectic Group constitute disclosures to third parties within the meaning of Art. 5 lit. f FDPA. Such disclosures are justified on the basis that they are directly connected with the conclusion or performance of a contract with the data subject (Art. 31 para. 2 lit. a FDPA) or, where no such contract connection exists, on the basis that our overriding interest in the efficient group-wide management and administration outweighs the interests of the data subject (Art. 31 para. 2 lit. d FDPA).
Without the support of other companies, we would not be able to provide our products and services in the desired form. To use the services of these companies, it may be necessary to share your personal data with these companies to a certain extent. A disclosure of data is limited to selected third-party service providers and only to the extent necessary for the optimal provision of our services.
Your data may be disclosed to third parties to the extent necessary for the fulfilment of the contractual relationship, e.g., to payment service providers, IT and hosting providers, telecommunications providers, or customer support service providers or providers of other services. Such disclosures are made on the basis of contractual necessity (Cayman DPA, Schedule 2, condition 2) or our legitimate interests in the optimal provision of our services (Cayman DPA, Schedule 2, condition 6). Under Swiss law, such disclosures to data processors are proportionate and serve purposes directly connected with the performance of our contractual obligations. Depending on the circumstances, third-party service providers may act either as data processors processing personal data on behalf of the relevant Dialectic Group entity or as independent data controllers. Where a service provider acts as a data processor for a Cayman Islands entity, we require appropriate written contractual arrangements under which the processor acts only on our instructions and is required to comply with security obligations equivalent to those imposed on the data controller by the Cayman DPA. Where a third-party service provider acts as an independent data controller, it is responsible for informing you about its own data processing and for complying with applicable data protection laws.
Furthermore, your data may be disclosed, especially to authorities, regulators, tax authorities, KYC and AML bodies, or courts in Switzerland, the Cayman Islands or other jurisdictions, legal advisors, or debt collection agencies, if we are legally obliged to do so or if it is necessary to protect our rights, in particular to enforce claims arising from our relationship with you. Such disclosures may be required to comply with statutory obligations, including tax reporting, supervisory reporting, sanctions and anti‑money‑laundering requirements, or to respond to lawful requests from authorities. Data may also be disclosed if another company intends to acquire our company or parts thereof, and such disclosure is necessary to conduct a due diligence or to complete the transaction.
Disclosures to authorities, regulators, courts and legal advisors are made on the basis of compliance with legal obligations applicable to the relevant Dialectic Group entity (Cayman DPA, Schedule 2, condition 3), including obligations under applicable AML, CTF, tax transparency and sanctions legislation. Disclosures in the context of a potential acquisition or due diligence are based on our legitimate interests in the proper conduct of such transactions (Cayman DPA, Schedule 2, condition 6). Under Swiss law, such disclosures are justified on the basis that our overriding interest or a legal obligation outweighs the interests of the data subject (Art. 31 para. 2 lit. c and d FDPA).
We may transfer your personal data to third parties located abroad where it is necessary to carry out the data processing described in this Privacy Policy. Specific data transfers are described in Sections 1.2 to 1.4, Section 3 and Section 4.1 of this Privacy Policy. When making such transfers, we will ensure compliance with applicable legal requirements. For Swiss law purposes, the countries to which data is transmitted include those that, according to the decision of the Swiss Federal Council, have an adequate level of data protection (such as the member states of the EEA), as well as those countries whose level of data protection is not considered adequate (see Annex 1 of the Data Protection Ordinance (DPO)). Where personal data is transferred to a country not listed in Annex 1 of the DPO, we ensure that your data is adequately protected by implementing appropriate safeguards. Unless otherwise specified in this Privacy Policy, such safeguards consist of standard data protection clauses recognised by the Federal Data Protection and Information Commissioner (FDPIC) (including the standard contractual clauses issued by the European Commission pursuant to Implementing Decision 2021/914, which the FDPIC has recognised without modification). If you have any questions regarding the safeguards implemented for a specific transfer, please contact our data protection contact person (see Section 2). For Cayman Islands entities within the Dialectic Group, transfers of personal data to countries or territories outside the Cayman Islands are made in accordance with the eighth data protection principle under the Cayman DPA. This means that personal data will not be transferred to a country or territory unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data, or the transfer falls within an applicable exception or safeguard under the Cayman DPA. Where a transfer is made to a country or territory that does not provide an adequate level of protection, we rely on safeguards recognised or approved by the Office of the Ombudsman, including standard contractual clauses that replicate the rights and obligations contained in the EU Standard Contractual Clauses where applicable, or on the applicable exceptions set out in Schedule 4 of the Cayman DPA, including where the transfer is necessary for the performance of a contract with the data subject or for the establishment, exercise or defence of legal rights.
For Dialectic Meccanico Ltd. transfers of personal data to countries or territories outside the British Virgin Islands are made in accordance with the BVI DPA. Personal data will not be transferred outside the British Virgin Islands unless there is proof of an adequate level of data protection or appropriate safeguards for the rights of data subjects, or you have consented to the transfer. Where required, such transfers are based on your consent or on appropriate contractual safeguards.
You may contact our data protection contact person to obtain further information about the safeguards applied to a particular transfer of your personal data outside the Cayman Islands or Switzerland, including, where applicable and subject to appropriate redactions or confidentiality restrictions, a copy or summary of the relevant standard contractual clauses or other transfer safeguards.
Some of the third-party service providers mentioned in this Privacy Policy are based in the United States or have their servers there. For transfers of personal data to recipients in the United States that are certified under the Swiss-US Data Privacy Framework (Swiss-US DPF), we rely on the Swiss-US DPF as the applicable transfer mechanism. The Swiss-US DPF has been recognised by the Swiss Federal Council as providing an adequate level of data protection for transfers from Switzerland to certified US organisations (Annex 1 of the DPO). Information about the Swiss-US DPF, including the list of certified organisations, is available at www.dataprivacyframework.gov. For transfers of personal data to US recipients that are not certified under the Swiss-US DPF, or where the Swiss-US DPF does not apply to the specific processing activity, we implement appropriate safeguards, in particular standard data protection clauses recognised by the FDPIC. Further details on the safeguards implemented for specific transfers are available from our data protection contact person (see Section 2). For transfers of personal data to recipients in the United States made by Cayman Islands entities within the Dialectic Group, the eighth data protection principle under the Cayman DPA applies. As the United States does not feature on the list of countries recognised as providing an adequate level of data protection for purposes of the Cayman DPA, we rely on standard contractual clauses that replicate the rights and obligations contained in the EU Standard Contractual Clauses pursuant to Article 46(2)(c) GDPR, as recognised by the Office of the Ombudsman as ensuring adequate safeguards for the rights and freedoms of data subjects. Where a transfer to a US recipient is additionally covered by an exception under Schedule 4 of the Cayman DPA — in particular where the transfer is necessary for the performance of a contract with the data subject — we rely on that exception as a supplementary basis. For transfers of personal data to recipients in the United States made by Dialectic Meccanico Ltd., the BVI DPA applies. As the United States is not established to ensure an adequate level of data protection for the purposes of the BVI DPA, such transfers are made on the basis of your consent or, where applicable, appropriate contractual safeguards intended to ensure an adequate level of protection for your personal data. Further details on the safeguards implemented for specific transfers are available from our data protection contact person (see Section 2).
When you visit our Websites, the web servers may temporarily store each access in a log file. The following data may be collected without your intervention and stored by us until it is automatically deleted.:
IP address of the requesting computer;
date and time of access;
name and URL of the accessed file;
website from which the access was made, if applicable, with the search word used;
operating system of your computer and the browser you are using (including type, version, and language setting);
device type in case of access from mobile phones;
city or region from which the access was made; and
name of your internet service provider.
The collection and processing of this data is carried out for the purpose of enabling the use of our Websites (establishing a connection), ensuring the long-term security and stability of the system, and enabling error and performance analysis and optimisation of our Websites (see also Section 5.3 regarding the latter points).
In case of an attack on the network infrastructure of the Websites or suspicion of other unauthorised or improper use of the Websites, the IP address and other data will be analysed for clarification and defence purposes; if necessary, they may be used in civil or criminal proceedings for the identification of the respective user.
This processing is based on our legitimate interests in enabling the operation of our Websites, ensuring the security and stability of our systems, and enabling performance analysis and optimisation (Cayman DPA, Schedule 2, condition 6). Under Swiss law, such processing is proportionate to the stated purposes and does not constitute an unjustified infringement of your personality rights.
Finally, when you visit our Websites, we may use cookies, as well as other applications and tools that rely on the use of cookies. In this context, the data described here may also be processed. For more information, please refer to the subsequent Sections of this Privacy Policy, in particular to Section 5.2.
Cookies are information files that your web browser stores on the hard drive or in the memory of your computer when you visit our Websites. Cookies are assigned identification numbers that enable your browser to be identified, and allow the information contained in the cookie to be read.
Cookies may be used to make your visit to our Websites easier, more enjoyable, and more meaningful. We may use cookies for various purposes that are necessary for the desired use of the Websites, i.e., "technically necessary." For example, we may use cookies to identify you as a registered user after logging in, so you don't have to log in again when navigating to different subpages. The provision of ordering functions also relies on the use of cookies. Furthermore, cookies may perform other technical functions necessary for the operation of the Websites, such as load balancing, which distributes the workload of the site across various web servers to relieve the servers. Cookies may also be used for security purposes, such as preventing the unauthorized posting of content. Finally, we may use cookies in the design and programming of our Websites, for example, to enable the uploading of scripts or codes.
The use of technically necessary cookies is based on our legitimate interests in providing a functional, secure, and user-friendly Website (Cayman DPA, Schedule 2, condition 6). Under Swiss law, such processing is proportionate to the stated purposes and does not constitute an unjustified infringement of your personality rights. The use of non-essential cookies, in particular cookies used for analytics, tracking or advertising purposes, is based on your consent as further described in Sections 5.3 of this Privacy Policy.
Most internet browsers accept cookies automatically. However, when accessing our Website, we ask for your consent to the use of non-essential cookies, especially for the use of cookies from third parties for marketing purposes. You can adjust your preferences for cookies by using the corresponding buttons in the cookie banner. Details regarding the services and data processing associated with each cookie can be found within the cookie banner and in the following Sections of this Privacy Policy.
You may also be able to configure your browser to prevent cookies from being stored on your computer or receive a notification whenever a new cookie is being sent. On the following pages, you will find instructions on how to configure cookie settings for selected browsers.
Mozilla Firefox
Disabling cookies may prevent you from using all the features of our Websites.
For the purpose of customising and continuously optimising our Websites, we may use the web analytics services listed below. In this context, pseudonymised usage profiles are created, and cookies are used (please also see Section 5.2). The information generated by the cookie regarding your use of our Websites is usually transmitted to a server of the service provider, where it is stored and processed, together with the Log File Data mentioned in Section 5.1. This may also result in a transfer to servers abroad, e.g., the USA (for information on transfers to third countries and the safeguards implemented see Sections 4.3 and 4.4).
Through the data processing, we obtain, among others, the following information:
navigation path followed by a visitor on the site (including content viewed, products selected or purchased, or services booked);
time spent on a Website or specific page;
the specific page from which a Website is left;
the country, region, or city from where an access is made;
end device (type, version, colour depth, resolution, width, and height of the browser window); and
returning or new visitor.
The provider, on our behalf, will use this information to evaluate the use of the Websites, in particular to compile Website activity reports and provide further services related to Website usage and internet usage for the purposes of market research and the customisation of the Websites. For these processing activities, we and the providers may be considered joint controllers in terms of data protection to a certain extent.
This processing is based on your consent. Under Swiss law, your consent constitutes a justification for processing that would otherwise infringe your personality rights, in particular the creation of pseudonymised usage profiles and behavioural analysis (Art. 31 para. 1 FDPA). Under the Cayman DPA, your consent constitutes a condition for processing (Schedule 2, condition 1; Schedule 5). You may withdraw your consent or object to processing at any time by rejecting or deactivating the relevant cookies in your web browser settings (see Section 5.2) or by using the service-specific options described below. The withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal.
Regarding the further processing of the data by the respective provider as the (sole) controller, including any potential disclosure of this information to third parties, such as authorities due to national legal regulations, please refer to the respective privacy policy of the provider.
We may use the web analytics service Google Analytics provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, or Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google).
Contrary to the description in Section 5.3.1, IP addresses are not logged or stored in Google Analytics (in the version used here, "Google Analytics 4"). For accesses originating from the EU, IP address data is only used to derive location data and is immediately deleted thereafter. When collecting measurement data in Google Analytics, all IP searches take place on EU-based servers before the traffic is forwarded to Analytics servers for processing. Google Analytics utilises regional data centres. When connecting to the nearest available Google data centre in Google Analytics, the measurement data is sent to Analytics via an encrypted HTTPS connection. In these centres, the data is further encrypted before being forwarded to Analytics' processing servers and made available on the platform. The most suitable local data centre is determined based on the IP addresses. This may also result in a transfer of data to servers abroad, eg., the USA (for information on transfers to third countries and the safeguards implemented, see Sections 4.3 and 4.4).
We may also use the technical extension called "Google Signals", which enables cross-device tracking. This makes it possible to associate a single website visitor with different devices. However, this only happens if the visitor is logged into a Google service during the Website visits and has activated the "personalized advertising" option in their Google account settings. Even in such cases, we do not have access to any personal data or user profiles; they remain anonymous to us. If you do not wish to use "Google Signals," you can deactivate the "personalized advertising" option in your Google account settings.
Users can prevent the collection of data related to their Website usage (including IP address) generated by the cookie as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en-GB.
As an alternative to the browser plugin, users can click on this link to prevent Google Analytics from collecting data on the Websites in the future. This will place an opt-out cookie on the user's device. If users delete cookies (see Section 5.2 on Cookies), they will need to click the link again.
Our Websites may contain links to our profiles on the social networks of the following providers:
If you click on the icons of the social networks, you will be automatically redirected to our profile on the respective network. This establishes a direct connection between your browser and the server of the respective social network. As a result, the social network receives information that you have visited our Websites with your IP address and clicked on the link. This may also involve the transfer of data to servers abroad, e.g., in the USA (for information on transfers to third countries and the safeguards implemented, see Sections 4.3 and 4.4).
If you click on a link to a social network while you are logged into your user account on that social network, the content of our Websites can be associated with your profile, allowing the social network to directly link your visit to our Websites to your account. If you want to prevent this, please log out of your account before clicking on the respective links. A connection between your access to our Websites and your user account will always be established if you log in to the respective social network after clicking on the link. The data processing associated with this is the responsibility of the respective provider in terms of data protection. Therefore, please refer to the privacy notices on the social network's website.
The legal basis for any data processing attributed to us is our legitimate interest in the use and promotion of our social media profiles (Cayman DPA, Schedule 2, condition 6). Under Swiss law, such processing is proportionate to the stated purposes and does not constitute an unjustified infringement of your personality rights.
On our Websites, you may use social media plugins from the following providers:
We may use the social media plugins to make it easier for you to share content from our Websites. The social media plugins help us to increase the visibility of our content on social networks, thereby contributing to better marketing.
The plugins are deactivated by default on our Websites, and therefore, no data is sent to the social networks when you simply access our Websites. To enhance data protection, we have integrated the plugins in such a way that a connection is not automatically established with the servers of the social networks. Only when you activate the plugins by clicking on them, and thus give your consent to the transmission and further processing of data by the providers of the social networks, your browser establishes a direct connection to the servers of the respective social network.
The content of the plugin is transmitted directly from the social network to your browser and integrated into the Websites. As a result, the respective provider receives information that your browser has accessed the corresponding page of our Websites, even if you do not have an account with that social network or are not currently logged in to it. This information (including your IP address) is transmitted from your browser directly to a server of the provider (usually located in the USA) and stored there (for information on transfers to third countries and the safeguards implemented, see Sections 4.3 and 4.4). We have no influence on the scope of data collected by the provider through the plugin, although from a data protection perspective, we may be considered joint controllers with the providers up to a certain extent.
If you are logged into the social network, it can assign your visit to our Websites directly to your user account. If you interact with the plugins, the corresponding information is also transmitted directly to a server of the provider and stored there. The information (e.g., that you like a product or service from us) may also be published on the social network and displayed to other users of the social network. The provider of the social network may use this information for the purpose of displaying advertisements and tailoring the respective offering to your needs. For this purpose, usage, interest, and relationship profiles may be created, e.g., to evaluate your use of our Websites with regard to the advertisements displayed to you on the social network, to inform other users about your activities on our Websites, and to provide other services associated with the use of the social network. The purpose and scope of the data collection, further processing and use of the data by the providers of the social networks, as well as your rights in this regard and options for protecting your privacy can be found directly in the privacy policies of the respective providers.
If you do not want the provider of the social network to associate the data collected through our Websites with your user account, you must log out of the social network before activating the plugins. This processing is based on your consent. Under Swiss law, your consent constitutes a justification for processing that would otherwise infringe your personality rights, in particular the transmission of your browsing behaviour and IP address to third-party social network providers (Art. 31 para. 1 FDPA). Under the Cayman DPA, your consent constitutes a condition for processing (Schedule 2, condition 1; Schedule 5). The withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal. You may withdraw your consent at any time by notifying the plugin provider in accordance with the instructions provided in its privacy policy.
We may use services of various companies to provide you with interesting offers online. In the process of doing this, your user behaviour on our Websites and websites of other providers is analysed in order to subsequently be able to show you online advertising that is individually tailored to you.
Most technologies for tracking your user behaviour (Tracking) and displaying targeted advertising (Targeting) utilise cookies (see also Section 5.2), which allow your browser to be recognised across different websites. Depending on the service provider, it may also be possible for you to be recognised online even when using different end devices (e.g., laptop and smartphone). This may be the case, for example, if you have registered for a service that you use with several devices.
In addition to the data already mentioned, which is collected when visiting our Websites (Log File Data, see Section 5.1) and through the use of cookies (Section 5.2) and which may be transmitted to the companies involved in the advertising networks, the following data, in particular, is used to select the advertising that is potentially most relevant to you:
information about you that you provided when registering or using a service from advertising partners (e.g., your gender, age group); and
user behaviour (e.g., search queries, interactions with advertisements, types of websites visited, products or services viewed and purchased, newsletters subscribed to).
We and our service providers may use this data to determine whether you belong to the target audience we address and take this into account when selecting advertisements. For example, after visiting our Websites, you may see advertisements for the products or services you have viewed when you visit other sites (Re-targeting). Depending on the amount of data, a user profile may also be created, which is automatically analysed; the advertisements are then selected based on the information stored in the profile, such as belonging to certain demographic segments or potential interests or behaviours. These advertisements may be displayed to you on various channels, including our Website or app (as part of on- and in-app marketing), as well as advertising placements provided through the online advertising networks we use, such as Google.
The data may then be analysed for the purpose of settlement with the service provider, as well as for evaluating the effectiveness of advertising measures in order to better understand the needs of our users and customers and to improve future campaigns. This may also include information that the performance of an action (e.g., visiting certain sections of our Websites or submitting information) can be attributed to a specific advertising. We also receive from service providers aggregated reports of advertisement activity and information on how users interact with our Websites and advertisements.
This processing is based on your consent. Under Swiss law, your consent constitutes a justification for processing that would otherwise infringe your personality rights, including the analysis of your user behaviour, the creation of user profiles, and the display of individually targeted advertising (Art. 31 para. 1 FDPA). Where such processing involves fully automated profiling with significant effects, your explicit consent is required (Art. 5 lit. g FDPA). Under the Cayman DPA, your consent constitutes a condition for processing (Schedule 2, condition 1; Schedule 5). You may withdraw your consent at any time by rejecting or deactivating the relevant cookies in your web browser settings (see Section 5.2). The withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal. Further options for blocking advertising can also be found in the information provided by the respective service provider, such as Google.
As explained in Section 5.5.1, our Websites may use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google) for online advertising. Google uses cookies (see the list here), which allow your browser to be recognised when you visit other websites. The information generated by the cookies about your visit to these websites (including your IP address) is transmitted to and stored by Google on servers in the United States (for information on transfers to third countries and the safeguards implemented, see Sections 4.3 and 4.4). Further information on data protection at Google can be found here.
This processing is based on your consent as described in Section 5.5.1. You may withdraw your consent at any time by rejecting or deactivating the relevant cookies in your web browser settings (see Section 5.2). The withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal. . Further options for blocking advertising can be found here.
We only store personal data for as long as it is necessary to carry out the processing described in this Privacy Policy in accordance with the fifth data protection principle under the Cayman Islands DPA and the principle of proportionality under Swiss data protection law. For contractual data, the storage is stipulated by statutory retention obligations. Requirements that oblige us to retain data arise from the accounting and tax law regulations. According to these regulations, business communication, concluded contracts, and accounting documents must be retained for up to ten (10) years. If we no longer need this data to provide services for you, for you, access to the data will be restricted. This means that the data may then only be used if this is necessary to fulfil the retention obligations or to defend and enforce our legal interests. The data will be deleted as soon as there is no longer any legal obligation to retain it and no legitimate interest in its retention exists.
We use appropriate technical and organisational security measures to protect your personal data stored with us against loss and unlawful processing, in particular unauthorised access by third parties. Our employees and the service companies mandated by us are obliged to maintain confidentiality and uphold data protection. Furthermore, these persons are only granted access to personal data to the extent necessary for the performance of their tasks.
Our security measures are continuously adapted in line with technological developments. However, the transmission of information via the Internet and electronic means of communication always involves certain security risks and we cannot, therefore, provide any absolute guarantee for the security of information transmitted in this way.
In the event of a personal data breach affecting personal data for which a Cayman Islands entity is the data controller, we will notify the affected data subject and the Office of the Ombudsman without undue delay and, in any event, no later than five (5) days after we should, with the exercise of reasonable diligence, have been aware of the breach, and will describe the nature and consequences of the breach, the measures proposed or taken to address it and any measures recommended to mitigate possible adverse effects.
If the legal requirements are met, as a data subject, you have the following rights with respect to data processing:
Right of access: You have the right to request confirmation as to whether we process personal data about you and, if so, to receive information about the personal data, the purposes of processing, recipients or classes of recipients, countries or territories outside the Cayman Islands to which the data is transferred, general security measures and other information required by applicable law. Under the Cayman DPA, an access request must be made in writing, may be subject to any fee permitted by law and reasonable identity or locating information, and must be answered within thirty (30) days once the request and any required fee and information have been received. Under Swiss law, you have a right of access under Art. 25 FADP entitling you to obtain the information necessary to enforce your data-protection rights, including the personal data as such, the purpose of processing, the retention period or the criteria for determining it, the available information on the source of the data, and the recipients or categories of recipients, free of charge and subject to the exceptions permitted by law. Under the BVI DPA, you likewise have the right to be informed whether we process your personal data and, where we do, to be provided with access to that data.
Right to rectification: You have the right to request that inaccurate or incomplete personal data be rectified. Where applicable, inaccurate personal data may also be blocked, erased or destroyed, and recipients of the relevant data may be notified of the rectification, blocking, erasure or destruction where required or ordered under applicable law. Under Swiss law, you may request the correction of inaccurate personal data; where neither the accuracy nor the inaccuracy of the data can be established, you may request that a notice of dispute be added (Art. 32 para. 2 FADP in conjunction with the Swiss Civil Code). You have an equivalent right of rectification under the BVI DPA in respect of personal data that is inaccurate, incomplete, misleading or not up to date.
Right to erasure: You have the right to obtain the erasure of your personal data under certain circumstances. In individual cases, particularly in the case of statutory retention obligations, the right to erasure may be excluded. In this case, the erasure may be replaced by a restriction of access to the data if the requirements are met. Under Swiss law, the FADP does not provide a standalone right to erasure; you may, however, request the deletion or destruction of personal data as a civil-law claim under Art. 32 para. 2 FADP in conjunction with the Swiss Civil Code, subject to any applicable retention obligations.
Right to restriction of processing: Under Swiss law, you may request that we restrict access to your personal data where the accuracy of the data is contested, where processing is unlawful but you oppose erasure, or where we no longer need the data but you require it for the establishment, exercise or defence of legal claims.
Right to cease processing: Under Section 10 of the Cayman DPA, you have the right at any time, by notice in writing, to require us to cease processing, not begin processing, or cease processing for a specified purpose or in a specified manner, your personal data. We must comply with such a request as soon as practicable and in any event within twenty-one (21) days, unless an applicable statutory exception applies, in which case we will state the reasons for non-compliance with the notice.
Right to data portability: Under Art. 28 FDPA, you have the right to receive the personal data you have provided to us in a commonly used electronic format, where processing is based on your consent or on a contract and is carried out by automated means. You also have the right to request that we transfer such data directly to another controller, where technically feasible. This right does not apply under the Cayman Islands Data Protection Act, which does not provide for data portability.
Rights in relation to automated decision-making: Under the Cayman DPA, you have the right, by notice in writing, to require that no decision significantly affecting you is based solely on automated processing of your personal data for the purpose of evaluating matters relating to you, subject to applicable statutory exceptions. Where such a decision is made and no prior notice has been given, you may require us to reconsider the decision or take a new decision otherwise than on that basis within the timeframes prescribed by the Cayman DPA.
Right to object: You have the right to object at any time to the processing of your personal data, in particular where processing is based on legitimate interests. Under Swiss law, there is no separate general right to object; you may, however, contest a specific processing activity, which will then require justification by an overriding interest, a contractual connection or a basis in law (Art. 30 and 31 FADP). Under the Cayman DPA, you also have the right at any time, by notice in writing, to require us to cease, or not to begin, processing your personal data for direct marketing purposes at the end of such period as is reasonable in the circumstances. Under the BVI DPA, you may likewise require us, by notice in writing, to cease or not to begin processing your personal data for the purposes of direct marketing.
Right to withdraw consent: You have the right to withdraw your consent at any time. However, processing activities based on your consent in the past will not become unlawful due to your withdrawal.
Right to compensation: Under the Cayman DPA, a person who suffers damage by reason of a contravention by a data controller of any requirement of the Cayman DPA has a cause of action for compensation from the data controller for that damage. Under the BVI DPA, a data subject who suffers damage or distress by reason of a contravention of the Act may institute civil proceedings for compensation or other appropriate relief.
To exercise these rights, please send us an e-mail to the following address: privacy@dialectic.com.
Right of complaint: You have the right to lodge a complaint with the competent supervisory authority if you consider that the processing of your personal data infringes applicable data protection law. In Switzerland, the competent authority is the Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, 3003 Bern, www.edoeb.admin.ch. In the Cayman Islands, the competent authority is the Office of the Ombudsman, PO Box 2252, Grand Cayman KY1-1107, CAYMAN ISLANDS, www.ombudsman.ky. In the British Virgin Islands, the competent supervisory authority is the Office of the Information Commissioner established under the Data Protection Act, 2021.