Privacy Policy

The controller for data processing purposes is:

Aargauische Kantonalbank
Bahnhofplatz 1
CH-5001 Aarau

If you have any questions relating to data processing, please contact:

Aargauische Kantonalbank
Data Protection
Bahnhofplatz 1
CH-5001 Aarau

datenschutz@akb.ch

AKB classifies as personal data any information concerning an identified or identifiable person. In addition, it classifies as processing any operation performed on personal data, irrespective of the means and processes used, including in particular collection, storage, usage, adaptation, disclosure, archival or erasure.

The issue as to which specific data are processed and how data are used is determined largely in accordance with the respective services requested or agreed upon. Personal data are made up essentially of the following categories of data.

2.1 Master data 

Master data comprise fundamental data relating to you that are required for the management of contractual or other business relationships or for marketing and advertising purposes. These include, amongst others:

• personal information such as the surname, first name, data of birth, nationality, address, information relating to employment, data concerning your family members such as the name of your spouse or partner or your own children
• identification data such as data used for establishing identity (e.g. data relating to official identity documents) and authentication data (e.g. specimen signatures)
• tax residence and other documents and information relevant for tax purposes

2.2 Contractual data

Contractual data include personal data obtained in relation to the conclusion or performance of a contract, e.g. information relating to contracts, claims arising, amounts due as well as client satisfaction information. AKB concludes contracts in particular with clients, business partners and job applicants.

• Data relating to the performance of our contractual obligations (e.g. product, service and contractual data as well as data regarding sales and transactions in relation to payments)
• Information concerning your current and anticipated financial circumstances in the form of e.g. data concerning creditworthiness (in particular assets including e.g. property documentation for real estate, liabilities, income, expenditure, annual financial statements), self-declarations, ratings data etc.
• Data relating to orders and details of mandates granted
• Information concerning knowledge and/or experience in the field of investment (including in particular securities, interest rate and foreign exchange products, liquid investments), investment approach and strategy (extent, frequency, risk appetite), specific targets and significant concerns for the future (e.g. planned acquisitions, redemption of liabilities), data contained in documents (e.g. records of advice)
• Where relevant and permitted by law, in some cases the personal data collected by AKB may also include special categories of personal data, such as e.g. your biometric data, data concerning health, ethnic origin, political opinions or membership, religious or philosophical beliefs and, where permitted by law, information concerning any criminal convictions or offences

2.3 Communication data

Further personal data are generated in relation to steps taken prior to entering into a contract and throughout the business relationship, in particular as a result of contact in person, by telephone or in writing, whether initiated by you or by AKB; these may include e.g. information concerning the channel used for contact as well as the data, reason and outcome; (electronic) copies of written correspondence and information concerning participation in direct marketing initiatives. Under certain circumstances, AKB may also ask you for proof of identity in order to identify you. Communication data include for example:

• contact data such as postal address and electronic contact data (landline and mobile telephone number, email address, IP address)
• content of emails, written correspondence, chat messages, social media posts, comments made on a website, telephone conversations, video conferences etc.
• data relating to the usage of electronic infrastructure, i.e. information as to why, for how long and with whom communication has occurred and when electronic devices were used
• where appropriate, recordings of telephone conversations between you and AKB, including in particular telephone records such as telephone number, call number, recipient number, forwarding numbers, date and time of calls and messages, call duration, routing information and types of calls

Telephone and video conversations with AKB may be recorded; you will generally be informed concerning this at the start of each discussion. If you do not wish AKB to record any such conversations, you have the option of ending the conversation at any time and contacting the Bank in another manner (e.g. by email).

2.4 Recorded images, video footage and sound recordings

AKB captures still images, records video footage and takes sound recordings in which you may appear (e.g. at client events). AKB records video footage for preventive and security purposes, and also in order to secure evidence and to ensure compliance with site rules. The usage of video monitoring systems is limited to specific locations and is signalled. Recorded images and sound recordings include e.g.:

• photographs, videos and sound recordings at client events and public events (e.g. promotional events, sponsorship events as well as cultural and sports events)
• photographs, videos and sound recordings of courses, presentations, training etc.
• recordings of telephone and video conference discussions (e.g. within client services or in relation to advice provided to clients)
• footage recorded by video monitoring systems

video monitoring footage is stored solely for as long as it is required as evidence. 

2.5 Data relating to behaviour and preferences

AKB endeavours to tailor its services and product range in the best possible manner in line with your requirements. This means that data concerning your interest and preferences are also processed by cross-referencing data relating to behaviour and transactions with other data, and assessing these data with reference to a specific person, and also more generally without reference to any specific person. This enables inferences to be made concerning characteristics, preferences and anticipated behaviour, e.g. your tastes and affinities for particular products and services. AKB may in particular create segments (either on an ongoing basis or specific to individual cases), i.e. comprised of groups of people that share similar characteristics. Preference data may be used with reference to a specific person (e.g. in order to offer you products of interest for you), although also without reference to any specific person (e.g. for market research or product development). In addition, it is also possible to calculate whether or how you may be likely to acquire particular services or to act in a particular manner. The data processed in this manner are in some cases already available to AKB (e.g. due to you having received a service from AKB) or are obtained by tracking your behaviour (e.g. your navigation on the AKB website).

Further information concerning profiling in this regard may be found in Section 9. 

Data relating to behaviour and transactions include e.g. the following information, where available to AKB in relation to a specific individual:

• your participation in competitions, prize draws and similar events, visits to events or usage of leisure offers (e.g. date, location and type of event or usage)
• your interaction with AKB websites as well as the installation and usage of mobile apps
• your conduct in relation to electronic messages (e.g. whether and when you have clicked on a link)
• your usage of AKB Wi-Fi networks (e.g. date, time and duration of connection, location of Wi-Fi network and data volume)

2.6 Registration data

Offers relating e.g. to competitions and services (e.g. login areas on the AKB website, dispatch of newsletter, free WLAN access etc.) may only be accessed via a user account or by registering (either directly with AKB or via external login providers). You will need to enter specific data for this purpose. In addition, data relating to usage of the offer or service may also be collected. Registration data may be generated in relation to access checks at particular facilities; depending upon the control system used, these may also include biometric data. 

2.7 Technical data

The IP address of your device and other technical data are collected in relation to usage of the AKB website or other electronic services of AKB (e.g. free WLAN) for the purpose of ensuring the proper functioning and security of these services. These data also include log files in which usage of AKB systems is recorded. In order to ensure the proper functioning of these services, individual codes may also be associated with your device (e.g. in the form of a cookie). As a general rule, technical data do not, in and of themselves, enable any inferences to be made concerning your identity. However, they may be cross-referenced with other categories of data (and hence ascribed to you personally) within the ambit of user accounts, registrations, access controls or the performance of contracts. 

2.8 Other data

Personal data are also used in particular in order to ensure compliance with statutory or regulatory requirements or in relation to the results of data processing carried out by AKB itself. Data that may relate to you can be obtained for instance in relation to administrative or judicial proceedings (such as official documents, evidence etc.). If relevant in relation to the products and services provided by AKB, information may be collected concerning e.g. additional card or account holders, business partners (including other shareholders or beneficial owners), persons entitled to maintenance or family members, authorised representatives and proxies. In addition, AKB uses information relating to services, such as data relating to energy efficiency, properties or our carbon footprint, for the purpose of combatting climate change and supporting the Paris Agreement.
 

AKB processes personal data from the following sources:

• from existing and prospective clients, personal data obtained for the purpose of managing the business relationship, e.g. within the ambit of an advisory discussion or on AKB websites
• personal data lawfully provided to AKB by third parties in relation to the provision of its services (e.g. by the Central Office for Credit Information (ZEK [Zentralstelle für Kreditinformationen]), the Consumer Credit Information Office (IKO [Informationsstelle für Konsumkredit]), the Federal Register of Buildings and Dwellings (GWR [Gebäude- and Wohnungsregister]), real estate service providers such as IAZI, lawyers, notaries public or cooperation partners such as third-party banks, insurers, contractual or distribution partners, operators of processing systems or card issuers)
• personal data lawfully received by AKB under the terms of other contractual relationships with third parties (e.g. CRIF, brokers, collection agencies) 
• from Swiss Post or municipalities in relation to the updating of addresses
• personal data disclosed to AKB by official agencies or authorities during the course of their activities (e.g. by courts, debt enforcement and bankruptcy offices, public prosecutors or child and adult protection authorities)
• personal data obtained from publicly accessible sources (e.g. debtor registers, land registers, commercial register, press, internet)
• from persons associated with you (family members, companions at events, legal representatives etc.)
   

AKB processes personal data in accordance with the applicable data protection law.

a. For compliance with contractual obligations

Personal data are processed in order to be able to offer AKB’s products and services to you and to provide or broker banking services and financial services. Processing occurs in particular for the purpose of the performance of contracts, execution of your orders and all activities necessary in relation to the operation and management of a credit and financial services institution. The purposes of data processing are determined primarily with reference to the specific product (e.g. account, credit, securities, deposits) and may include, amongst other things, needs analysis, advice, asset management and support as well as transaction execution. 

b. On the basis of a balancing of interests

Where necessary, your data are processed after performance of the contract has been completed for the purpose of upholding the legitimate interests of AKB or third parties. Examples:

• consultation of and exchange of data with credit information agencies (e.g. Central Office for Credit Information (ZEK [Zentralstelle für Kreditinformationen]), debt enforcement register) for the purpose of establishing creditworthiness and default risks in relation to lending
• statistical calculations, assessment and needs analysis processes for the purpose of direct contact with or the acquisition of clients, expansion of the business relationship or protection of the AKB brand
• marketing initiatives such as advertising, events or sponsorship, unless you have objected to the usage of your data. analysis of the results of marketing activities in order to assess their efficacy and relevance;
• exercise of legal claims and defence within litigation
• measures relating to the prevention and combatting of fraud (fraud transaction monitoring);
• measures relating to the prevention and investigation of crime (including video monitoring)
• guarantee of IT security and IT operations within AKB
• measures related to building and site security (e.g. access controls) for the purpose of ensuring compliance with site rules and protecting third parties (including video monitoring)
• measures for managing business and risks within AKB
• measures for developing services and products, the technology used, including review and updating of systems and processes, along with the related market and opinion research
• telephone call records (e.g. for documenting declarations of relevance in relation to a legal transaction)
• for the purpose of the prudent operational management of AKB (e.g. audit, system and product training, administrative purposes)
• In addition, personal data obtained from publicly available sources are processed for the purpose of client acquisition.

c. On the basis of your consent

If you have consented to the processing of personal data for particular forms of processing (e.g. the processing of particularly sensitive personal data or recourse to profiling involving a high risks for the data subject), the lawfulness of any such processing is based on your consent. In such cases, you will be informed concerning the respective purposes of processing. Any consent previously granted may be withdrawn at any time. A withdrawal of consent is only effective vis-a-vis future processing.

d. On the basis of legal requirements or in the public interest

As a bank, AKB is subject to various legal obligations, i.e. statutory and regulatory or professional requirements (e.g. Swiss Banking Act [Bankengesetz], Swiss Collective Investment Schemes Act [Kollektivanlagengesetz], Swiss Anti-Money Laundering Act [Geldwäschereigesetz], Swiss Mortgage Bond Act [Pfandbriefgesetz], FINMA ordinances and circulars, tax laws, guidelines of the Swiss Bankers Association [Schweizerische Bankiervereinigung]) as well as ordinances and specifications under banking supervisory law (e.g. of the Swiss National Bank or FINMA). Against this backdrop, AKB carries out legal and regulatory compliance audits, in particular within the ambit of the client acquisition procedure, as well as regular compliance audits. Processing occurs for, amongst other things, the purpose of assessing creditworthiness, checking identity and age, compliance with anti-money-laundering regulations, preventing fraud, fulfilling any relevant control and reporting obligations as well as assessing and managing risks within AKB. In addition, AKB is subject to additional requirements with regard to its obligations under supervisory and compliance law, amongst others in relation to the recording and monitoring of communication, the application of risk classification to existing business relationships, and the disclosure of data to the tax authorities, financial supervisory bodies, other bodies under supervisory law as well as governmental bodies.
 

Your data are received within AKB by any units or employees that require them in order to comply with contractual, legal or supervisory obligations or to uphold legitimate interests.

AKB may only disclose information concerning you or make such information accessible to third parties if there is a legal basis for doing so (in particular under law or contract), if you have consented (e.g. in order to execute a financial transaction in accordance with your instructions) or if AKB is entitled to do so in order to obtain banking information. 

5.1 Third parties

AKB shares personal data with other credit, financial services and comparable firms and with advisors for the purpose of the conduct of business. Data may be transferred to the following types of company in relation to the provision of products and services to you, to persons acting on your behalf or to persons who are otherwise involved:

• a party that is involved in a transaction or that takes on risk under or in relation to a transaction (such as e.g. an insurer)
• credit card providers or other providers or cards and platforms
• companies in which you hold an interest in the form of securities, where these securities are held for you by AKB
• payees, beneficiaries, persons holding power of attorney over accounts, intermediaries as well as correspondent and agent banks (including custodian banks)
• clearing houses and clearing or settlement systems as well as specialist payment firms or institutions, such as e.g. SWIFT or SIX
• other credit and financial service institutions or comparable establishments such as brokers or stock exchanges
• other financial institutions, credit agencies or financial information agencies (for the purpose of obtaining or issuing credit references)
• third parties operating as fund managers that provide asset management services to you
• brokers to which the product launches or recommendations of AKB are provided 
• lawyers, auditors accountants and insurers that provide legal, auditing, accounting or insurance services to AKB.

5.2 Service providers 

External service providers in Switzerland and abroad may process or obtain data on behalf of AKB, either as joint controllers or as independent controllers. third-party services include e.g. IT services such as data centres, information dispatch, marketing, sales, communication or printing services, the organisation and holding of events and receptions, collection, credit information, address checks (e.g. for updating address records following removals), fraud prevention measures as well as services provided by consultancy companies, lawyers and telecommunications companies. Service providers are obliged under contract to treat data in confidence, to process them only for the purpose of providing services and to comply with AKB’s privacy standards. 

The Digital Communications Policy is applicable to third parties involved in relation to the AKB website. All parties involved provide information concerning their own data processing in their respective privacy policies. 

5.3 Authorities and public bodies 

If there is any statutory or other legal basis for doing so, or any obligation to do so, personal data are disclosed to public agencies in Switzerland or abroad (e.g. judicial authorities, criminal prosecutors, supervisory authorities including in particular the Swiss Financial Market Supervisory Authority FINMA, debt enforcement and bankruptcy offices, inheritance authorities, child and adult protection authorities, tax authorities or courts). Authorities process any data concerning you that they receive from AKB under their own responsibility.

5.4 Other recipients

Personal data may be necessary for the establishment, exercise or defence of legal claims of AKB, its employees or other stakeholders. It is also possible that data may be processed in relation to legitimate enquiries by individuals or their representatives. Data may also be provided to legitimate recipients, where prescribed by law or where the involvement of third parties is necessary in other instances for the purposes falling under Section 4 (e.g. third-party payees, other third parties within the ambit of agency relationships, authorities or persons involved in court proceedings). The respective recipients are obliged under contract to treat data in confidence, to process them only for the purpose of providing services and to comply with AKB’s privacy standards.
 

Data are only transmitted to countries outside Switzerland (known as “third countries”) where

• this is necessary for the purpose of executing your orders (e.g. settlement of payment instructions and securities transactions)
• this is required by law (e.g. reporting obligations under tax law, the provision of mutual assistance to foreign authorities) or
• you have granted your consent (e.g. requests for information from foreign financial market supervisory authorities and issuers of securities)

AKB processes personal data as a general rule, in Switzerland and the European Economic Area (EEA). However, under exceptional circumstances your data may also be processed in the USA or in another country around the world. In the event that a processor third party is situated in a country without an adequate level of data protection under law, AKB undertakes to oblige it under contract in accordance with Article 16 DSG to ensure the applicable level of data protection, unless it is already subject to a framework for ensuring data protection recognised by law, you have granted your express consent as a data subject or there is a direct connection with the conclusion or performance of a contract.

The transmission of data within the ambit of international payments and investments in foreign securities also occurs in accordance with the respective information letter of the Swiss Bankers Association (SBA) from February 2016 as well as the information provided at akb.ch/offenlegung.

Please also note that data transmitted over the internet are often routed through third countries. This means that your data may end up in a foreign country, even if the sender and the recipient are situated in the same country.
 

AKB stores its personal data for as long as is necessary for compliance with contractual and statutory retention obligations or where storage is required on technical grounds. 

If data are no longer required for compliance with contractual or statutory obligations, they are erased during the course of our standard processes – where technically feasible – unless their subsequent processing for a limited period of time is necessary for the following purposes:

• compliance with statutory and regulatory retention requirements (in particular under the Swiss Code of Obligations [Obligationenrecht], the Swiss Federal Act on Direct Federal Taxation [Bundesgesetz über die direkte Bundessteuer], the Swiss Federal Act on the Harmonisation of Direct Taxation at Cantonal and Municipal Levels [Bundesgesetz über die Harmonisierung der direkten Steuern der Kantone and Gemeinden], the Swiss Federal Act on Stamp Duties [Bundesgesetz über die Stempelabgaben], the Swiss Anti-Money Laundering Act [Geldwäschereigesetz], or the Swiss Withholding Tax Act [Verrechnungssteuergesetz])
• the establishment, exercise or defence of legal claims or special provisions on retention (these may oblige AKB to retain information for a particular period of time or on an open-ended basis)
   

AKB implements state-of-the-art technical and organisational measures in order to ensure the confidentiality, integrity, availability and transparency of your personal data, to protect them against unauthorised or unlawful processing and to protect against the risks of loss, inadvertent alteration, unintended disclosure or unauthorised access. These include, amongst other things, the usage of authentication and encryption technologies and firewalls, anti-virus protection, physical and technical access restrictions, data leakage prevention (DLP) as well as the training of and raising of awareness amongst employees and service providers. AKB notes that, having regard to the existing risks, the Bank is unable to guarantee that the confidential status of any of your data collected online will be comprehensively guaranteed and that such data will not be accessed unlawfully by third parties.

As a general rule, AKB does not engage in any fully automated decision making that has legal effects in relation to the establishment or management of business relationships. Should AKB use such procedures in any specific individual case, you will be informed separately concerning this along with your related rights.

In some cases, your data will be processed automatically with the aim of assessing particular personal aspects (profiling), although also identifying risks of abuse and security risks, carrying out statistical assessments or for operational planning purposes. The assessment is carried out with regard to the purposes mentioned in Section 4, and involves the usage of data in line with the specific individual circumstances in accordance with Section 2, mutatis mutandis. Behavioural and preference data, as well as master data, contract data and technical data allocated to you may be cross-referenced within the specific applications with the aim of better understanding you as a person, along with your various interests and other characteristics.

AKB uses profiling for example in the following cases:

• Under the terms of statutory and regulatory requirements, AKB is obliged to combat money laundering, the financing of terrorism, fraud and financial offences. This also involves the conduct of data assessments (amongst other things, in relation to payments). These measures are also intended to protect you
• Assessment tools are used in order to provide you with targeted information concerning products. These make it possible to transmit individually tailored offers and recommendations in relation to banking products, to send communications that address your needs and to provide advertising, including market and opinion research
• AKB operates a scoring system as part of the assessment of your creditworthiness in relation to lending (rating). This involves a calculation of the likelihood of a client failing to comply with his or her payment obligations under contract. The figures computed support AKB in making decisions in relation to product sales and are incorporated into ongoing risk management
• When using the financial assistant (PFM), your transactions are allocated to particular spending and income categories, either automatically or according to criteria set by you
• Finally, profiles are generated for the purpose of identifying the risk of abuse and security risks, for carrying out statistical assessments and for operational planning purposes

AKB endeavours to ensure that the results are proportionate and reliable and takes action to combat any misuse of profiles or profiling. As a general rule, the Bank has made provision for a general review in the event that these may entail legal effects or significant adverse consequences for you.
 

Under the terms of the applicable data protection law, a data subject can exercise the following rights in relation to data concerning him or her: the right to be informed whether any of your data are being processed, and if so, which; the right to obtain the rectification of any data that are inaccurate; the right to the erasure of data; the right to the surrender of particular personal data in a commonly used electronic format or to obtain the transmission thereof to another controller; the right to withdraw consent, where processing is based on consent; the right to object on grounds relating to your particular situation; and the right, upon request, to obtain any other information that is necessary for the exercise of the above-mentioned rights. In addition, you as a data subject have a right to lodge a complaint with the competent data protection supervisory authority.

If you have exercised the right to rectification, erasure or restriction of processing against AKB, it is obliged to inform all recipients to which the personal data concerned have been disclosed to rectify, erase or restrict processing of the data concerned, unless this is not possible or would entail disproportionate effort.

Please note that prerequisites, exceptions and restrictions may apply to these rights under the applicable data protection law (e.g. in order to protect third parties or business secrets).

Please contact the Data Protection Unit of AKB directly in order to exercise your rights under data protection law. The respective contact information may be found in Section 1 of this Policy. In order to exclude the possibility of abuse, the Bank needs to identify you (e.g. using a copy of an identity document, if this is not possible in any other manner). 

Within the ambit of a business relationship you must provide AKB with any personal data required for the establishment and management of the business relationship, for the performance and compliance with contractual obligations or that AKB is required by law to collect, in particular under the Swiss Anti-Money Laundering Act [Geldwäschereigesetz]. Without these data, AKB will not generally be able to conclude a contract with you or to provide you with the services or product you desire.

Biometric data constitute particularly sensitive data. This means that express consent is required, which must be obtained separately, in order to use your fingerprint or another biometric recognition system to access particular applications.Biometric data constitute particularly sensitive data. This means that express consent is required, which must be obtained separately, in order to use your fingerprint or another biometric recognition system to access particular applications.

In order to ensure that your personal data remain correct and up to date, AKB may ask you to review your personal data and to inform AKB concerning any changes to your personal data.

More detailed information concerning the processing of personal data by AKB within the ambit of its activities and operations that are relevant for the AKB website or for other channels and technologies may be obtained from the Digital Communications Policy. This includes, amongst other things, detailed information concerning the online tracking technologies used as well as the data that are processed on AKB’s pages on social networks. 

More detailed information concerning the processing of personal data by AKB within the ambit of its activities and operations that are relevant for job applications and employment relationships may be obtained from the Privacy Policy for Job Applicants and Employees.
 

AKB may amend this Privacy Policy at any time. The version published on this website is the relevant up-to-date version.