Privacy Notice — Agora Capital SA

This Privacy Notice explains how Agora Capital SA collects and processes personal data in connection with its website, social-media presence, prospective and existing client relationships, business contacts, and the financial services it provides. It is intended to supplement contractual disclosures and other client documentation where applicable.

Controller

Agora Capital SA is the controller of personal data described in this Privacy Notice, except where a third-party acts as an independent controller or where joint controllership applies by law.

Address: Place du Port 1, 1204 Geneva, Switzerland
Email: compliance@agora-capital.com

Scope

This Privacy Notice applies to personal data processed in connection with:

prospective, current and former clients;
beneficial owners, representatives, attorneys, trustees, protectors and other related persons;
visitors to the Agora Capital SA website;
users interacting with Agora Capital SA on LinkedIn and other social-media platforms;
professional contacts, service providers and counterparties; and
recipients of newsletters, alerts, publications and market commentary.

Categories of personal data

Depending on the relationship and the purpose of processing, Agora Capital SA may process the following categories of personal data:

identification and contact data, such as name, address, telephone number, email address, job title and employer;
client and onboarding data, including KYC/AML documentation, identification documents, tax information, source of wealth/source of funds information and beneficial ownership information;
financial and transaction data, including portfolio holdings, orders, account details, execution data and communications relating to transactions;
contractual and relationship data, including mandates, correspondence, meeting notes, suitability or appropriateness information where applicable, and service history;
technical and website usage data, such as IP address, device and browser information, website logs, pages viewed, referring URLs, date and time of access, and cookie or similar technology data where used; and
social-media interaction data, such as profile information made available to Agora Capital SA through the relevant platform, direct messages, comments, reactions, shares, follows, and page or post analytics made available by the platform.

Agora Capital SA may also receive personal data from public registers, sanctions databases, custodians, brokers, advisers, introducers, counterparties, service providers, data vendors and other third parties where permitted by law.

Purposes of processing

to assess whether a relationship can be entered into and to onboard clients and related persons;
to provide portfolio management, investment advisory, receipt and transmission of orders, and related financial services;
to execute instructions, administer accounts and mandates, maintain records, and communicate in relation to services;
to comply with legal, regulatory, tax, sanctions, anti-money laundering, counter-terrorist financing, reporting, audit and risk-management obligations;
to protect legitimate interests, including fraud prevention, information security, business continuity, governance, legal claims and defence of rights;
to prepare and distribute newsletters, market commentaries, invitations, event communications and other business-related publications where permitted by law;
to operate, secure and improve the website, understand its use, troubleshoot issues, and maintain logs;
to manage social-media pages, publish content, respond to enquiries, monitor engagement and audience metrics, and protect the integrity of Agora Capital SA's online presence; and
to organise meetings, events and business development activities.

Website and cookie-related processing

When users visit the Agora Capital SA website, the website and its hosting or technology providers may automatically process technical data necessary to display, secure and operate the site, including IP address, device information, server logs and access data.

Where cookies or similar technologies are used, Agora Capital SA may process data for website functionality, security, analytics, user-preference management and, where implemented, communication or marketing purposes.

If Agora Capital SA uses analytics tools, embedded content, pixels, social-media plug-ins, consent-management platforms or other third-party website technologies, the relevant providers may receive technical and usage data and may process it for their own purposes in accordance with their own privacy notices.

Social-media processing

Agora Capital SA maintains a presence on social-media platforms, including LinkedIn, for corporate communications, market commentary, recruitment, brand visibility, event promotion and interaction with professional contacts and the public.

Social-media platforms typically act as independent controllers for much of the processing that occurs on their services. Individuals should consult the privacy notices and settings of the relevant social-media platform for information on how that platform processes personal data.

Legal bases

Where the GDPR applies, Agora Capital SA relies on one or more of the following legal bases, depending on the context:

performance of a contract or steps taken at the request of the data subject before entering into a contract;
compliance with legal and regulatory obligations;
legitimate interests, including the provision and improvement of services, risk management, website and information security, communication, documentation, business development and protection of legal rights; and
consent, where consent is required or otherwise obtained.

Recipients and disclosures

Agora Capital SA may disclose personal data to the following categories of recipients where necessary and lawful:

custodians, brokers, banks, central securities depositories, trading venues, fund administrators and other financial market infrastructure participants;
external legal, tax, compliance, audit, IT, cybersecurity, cloud, document-management and other professional service providers;
identity verification, screening, AML/KYC, sanctions and background-check providers;
authorities, regulators, courts, law-enforcement bodies and tax authorities;
counterparties, issuers, service providers and advisers involved in transactions or services; and
website, analytics, hosting, communications and social-media service providers.

International transfers

Personal data may be processed in Switzerland, in the European Economic Area and, where relevant to the services, counterparties or technology stack used, in other jurisdictions. Where personal data is transferred to a country that does not provide an adequate level of protection under applicable law, Agora Capital SA will implement appropriate safeguards where required.

Retention

Agora Capital SA retains personal data for as long as necessary for the relevant purpose, for the duration of the client or business relationship, and thereafter for as long as required or permitted by applicable law, limitation periods, regulatory expectations and legitimate record-keeping needs.

Data security

Agora Capital SA implements appropriate technical and organisational measures designed to protect personal data against unauthorised access, loss, misuse, alteration or disclosure. No internet transmission or electronic storage system can be guaranteed to be completely secure.

Rights of data subjects

Subject to the conditions and limitations of applicable law, data subjects may have the right to request access to personal data, rectification of inaccurate data, erasure, restriction of processing, objection to certain processing, withdrawal of consent, and data portability where applicable.

Requests may be sent to compliance@agora-capital.com. Data subjects may also lodge a complaint with the Federal Data Protection and Information Commissioner or, where the GDPR applies, the competent supervisory authority.

Updates to this Privacy Notice

This Privacy Notice may be updated from time to time to reflect changes in law, regulatory guidance, technologies, services or processing practices. The current version is made available on the Agora Capital SA website.