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This Data Protection Notice (the “Notice”) explains how we process personal data. This Notice is subject to and forms an integral part of our General Terms and Conditions and General Terms and Conditions governing Custody (the “General Terms and Conditions”).
In this Data Protection Notice, “we” refers to each entity of the Mirabaud Group which acts as a data controller (alone or jointly determining the purpose and means of processing). Not all the processing activities mentioned in this Data Protection Notice necessarily apply to all Mirabaud Group entities. In particular, processing activities identified with the “*” sign are currently only carried out by Mirabaud & Cie Ltd and are therefore limited to data processed by such entity.
“Personal Data” includes any information relating to an identified or identifiable natural person (e.g., name, ID card and passport numbers, nationality), to the extent permitted by the applicable data protection legislation.
As a data controller, we are responsible for collecting and processing some of your personal data in relation to our activities. The purpose of this Data Protection Notice is to let you know which personal data we collect about you, the reasons why we use and share such personal data, how long we keep them, what your rights are and how you can exercise them. Further information may be provided where necessary when you apply for a specific service. We kindly ask you to read this Data Protection Notice. Please note that we may also process personal data in respect of a “Related Person”.
A “Related Person” means an individual or entity whose information you or a third party provide to us and/or which otherwise comes to our knowledge in connection with our business relationship. A Related Person may include, but is not limited to, (i) any director, officer, employee or authorised signatory of a company, (ii) a trustee, settlor, beneficiary or protector of a trust, (iii) any nominee or beneficial owner of an account, (iv) a substantial interest owner in an account, (v) a controlling person, (vi) a payee of a designated payment, or (vii) any representative(s) or agent(s).
In this context, we ask you to contact the Related Persons and provide them with this Data Protection Notice and the information it contains.
We collect and use your personal data to the extent necessary in the context of our activities and as described in our General Terms and Conditions and this Data Protection Notice, in particular to achieve a high standard of services. We may collect various types of personal data about you depending on the nature of the particular service we provide, including:
We never ask for sensitive data without your express consent (i.e., in particular, personal data related to your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, genetic data, data concerning your sexual orientation or data relating to criminal convictions and offences) and/or unless it is required by law.
The data we use about you may be directly provided by you or obtained from other sources, such as:
In certain circumstances, we may collect and use personal data of individuals with whom we have, could have or previously had a direct relationship such as:
We may also collect information about you where you do not have a direct relationship with us.This may happen, for instance, when your personal data are provided by one of our clients, a contracting party or an investor in collective investment schemes for which a Mirabaud Group entity acts as management company (the “investment funds”) if you are, for example:
A. TO COMPLY WITH OUR LEGAL AND REGULATORY OBLIGATIONS
We process your personal data to comply with legal and regulatory obligations (including any legal and regulatory guidance, codes or opinions) and to comply with other legal process and law enforcement requirements (including any internal policy based on or reflecting legal or regulatory guidance, codes or opinions), which may include laws outside the country you are located in, including to:
B. TO PERFORM A CONTRACT WITH YOU OR TO TAKE STEPS AT YOUR REQUEST BEFORE ENTERING INTO A CONTRACT
We use your personal data to enter into and perform our contracts, including to:
C. TO PURSUE OUR LEGITIMATE INTEREST
We use your personal data in order to deploy and develop our services and associated security, to improve our risk management, to defend our legal rights and to protect our privacy, safety or property and/or that of our affiliates, yours or others, including:
D. TO RESPECT YOUR CHOICE IF WE REQUEST YOUR CONSENT FOR SPECIFIC PROCESSING
If we need to carry out further processing for purposes other than those listed above in Section 4, we will inform you and, where necessary, obtain your consent.
Personal data may be disclosed to third parties in connection with the services we are providing to you. The recipients of any such information will depend on the services that are being provided. For the abovementioned purposes and subject to any confidentiality restriction we may have expressly agreed with you or any transaction parties, you authorise us to disclose your personal data to:
We reserve the right to make personal data accessible to other recipients, as disclosed to you from time to time or if required by applicable laws or requested by a competent authority.
The provision of personal data may be mandatory, e.g., in relation to our compliance with legal and regulatory obligations to which we are subject. If you withdraw your consent and/or object to the transfer of your personal data, you should be aware that not providing such information may preclude us from pursuing a business relationship with you and/or from rendering our services to you and/or performing certain transactions.
In certain circumstances, we may transfer your personal data to a country other than the country of establishment of the Mirabaud Group entity acting as data controller for the relevant personal data processing, such as the United States, India, the United Kingdom or other European Union countries.
In the case of a transfer abroad, your data may be transferred to a country where the local competent authority recognises that the level of data protection is adequate.
For transfers to a country where the level of personal data protection has not been recognised as “adequate” by the competent authority, we will rely on a derogation applicable to the specific situation (e.g., if the transfer is necessary to perform our contract with you such as when making an international payment), we will implement appropriate contractual, technical and/or organisational safeguards to ensure the protection of your personal data (such as standard contractual clauses or binding corporate rules approved by competent authorities, encryption of transmitted data, implementation of processes to manage and control access to data and IT systems, definition and management of privileges to access data and/or segregation of data), or we will obtain your consent (including through our General Terms and Conditions and/ or this Data Protection Notice). To obtain details on the applicable safeguards, please contact us at the address provided in Section 11 below.
We will retain your personal data for the longer of:
Most personal data collected in relation to a specified client are kept for the duration of the contractual relationship with that client plus a specified number of years after the end of the contractual relationship or as otherwise required by applicable laws. If you would like further information on the period for which your personal data will be stored or the criteria used to determine that period please contact us at the address provided in Section 11 below.
Depending on the data protection laws applying to your situation, you have the following rights:
Even if you object to the processing of personal data, we are nevertheless permitted to continue that processing if it is (i) legally mandatory, (ii) necessary for the performance of a contract to which you are a party, (iii) necessary for the performance of a task carried out in the public interest, or (iv) necessary for the purposes of the legitimate interests we pursue, including the establishment, exercise or defence of legal claims. However, we will not use your personal data for direct marketing purposes if you ask us not to do so.
If you require further information or if you wish to exercise the rights listed above, please contact us at the address provided in Section 11 below.
In accordance with applicable regulations, in addition to your rights above you are also entitled to lodge a complaint with the competent supervisory authority.
We do not use automated decision-making in connection with your personal data. If we do so in the future, we will comply with applicable legal and regulatory requirements.
In accordance with applicable laws and regulations, we may process your personal data automatically to determine certain characteristics such as your personal preferences, interests and behaviours based on your use of our services, applications and websites (profiling) in order to provide you with personalised information on our products and services.
We may need to update this Data Protection Notice from time to time. We will publish updates of this Data Protection Notice on our website and inform you of any material changes where applicable through our usual communication channels.
If you have any questions relating to our use of your personal data under this Data Protection Notice, please contact our Data Protection Officers as follows:
Wealth Management (WM) data protection officers:
Mirabaud & Cie Ltd
29, Boulevard Georges-Favon
CH-1204 Geneva
Attn: Data Protection Officer
wm.ch.dataprivacy(at)mirabaud.com
Mirabaud & Cie (Europe) SA
6B, rue du Fort Niedergrünewald
L-2226 Luxembourg
Attn: Data Protection Officer
wm.eu.dataprivacy(at)mirabaud.com
Mirabaud Canada Inc.
1 Place Ville Marie
Suite 2810, Montreal (Quebec) H3B 4R4
Canada
Attn: Data Protection Officer
wm.ca.dataprivacy(at)mirabaud.com
Asset Management (AM) data protection officers:
Mirabaud Asset Management (Suisse) SA
29, Boulevard Georges-Favon
CH-1204 Geneva
Attn: Data Protection Officer
am.dataprivacy(at)mirabaud-am.com
Securities data protection team:
Mirabaud Securities Limited
10 Bressenden Place
London SW1E 5DH
United Kingdom
Attn: Data Protection Team
br.dataprivacy(at)mirabaud.co.uk
Download
Download of PDF version of this Data Protection Notice: