This Data Protection Notice explains how we process personal data. It is subject to our applicable contractual 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).
"Personal data" includes any information relating to an identified or identifiable natural person (e.g., name, ID card and passport numbers, nationality).
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 an individual who is a "Related Person" to you.
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 authorized 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 that you liaise with and transmit to your Related Persons this Data Protection Notice, respectively the information contained there
We collect and use your personal data to the extent necessary in the context of our activities, 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 (i.e.,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) unless it is required by law. If we need to process sensitive data for other purposes, we will inform you and obtain your explicit prior consent.
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 entity acts as management company (the "Investment Funds") if you are, for example:
We use 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:
We use your personal data to enter into and perform our contracts, including to:
We use your personal data in order to deploy and develop our services, 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:
If we need to carry out further processing for purposes other than those 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. In order to fulfill the aforementioned purposes and subject to any confidentiality restriction we may have expressly agreed with you or any transaction parties, we may 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. Please be aware that not providing such information may preclude us from pursuing a business relationship with, and/or from rendering our services to you.
In certain circumstances, we may transfer your personal data to another country than the country of establishment of the Mirabaud Group entity acting as data controller for the relevant personal data processing.
In case of international transfers to a country for which the competent local authority has recognized that it provides an adequate level of data protection, your personal data may be transferred on this basis.
For transfers to a country where the level of personal data protection has not been recognized 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) or implement appropriate safeguards to ensure the protection of your personal data (such as standard contractual clauses or corporate binding rules approved by competent authorities). To obtain details on the applicable safeguards, please contact us at the address provided under Section 11 below.
We will retain your personal data for the longer of:
Most personal data collected in relation to a specified client is kept for the duration of the contractual relationship with such client plus a specified number of years after the end of the contractual relationship or as otherwise required by applicable law. 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 under Section 11 below.
Depending on the data protection laws which apply to your situation, you have the following rights:
Even if you object to the processing of personal data, we are nevertheless allowed to continue the same if the processing 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 follow, including the establishment, exercise or defense of legal claims. We will not, however, use your personal data for direct marketing purposes without your consent or 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 under Section 11 below.
In accordance with applicable regulation, 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. Should we do so in the future, we shall comply with applicable legal and regulatory requirements.
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, as the case may be, inform you of any material changes 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:
Mirabaud & Cie Ltd
29, boulevard Georges-Favon
Attn : Data Protection Officer
Mirabaud & Cie (Europe) SA
25, avenue de la Liberté
Attn : Data Protection Officer
MIRABAUD Canada Inc.
1501, McGill College Avenue
Montréal (Quebec) H3A 3M8
À l’attention du Délégué à la protection des données
Mirabaud Asset Management (Suisse) SA
29, boulevard Georges-Favon
Attn: Data Protection Officer