Your regional office
1. Who is responsible for your personal data and whom can you contact?
We process information and personal data relating to you and/or any Related Person of yours (Related Person(s) and you, together the hereinafter "Data Subject(s)"). In substance, we do so in connection with our existing and/or prospective business relationships, including your use of our websites (together hereinafter the "Business Relationship"). We can do so either as controller or as joint controller (hereinafter the "Controller").
In this context, we ask that you liaise with and transmit to any and all of your Related Persons this Privacy Notice, respectively the information contained therein.
For any questions you may have in relation to this Privacy Notice, your Controller, or more generally the processing of your (or your Related Persons') personal data, you may contact your relationship manager with us or our Data Protection Officer at any of the following addresses:
Data Protection Officer SWITZERLAND
Route des Acacias 60
1211 Geneva 73
Switzerland
switzerland-data-protection@pictet.com
Data Protection Officer EUROPE (EXCL. SWITZERLAND)
Avenue J.-F. Kennedy 15A
L-1855 Luxembourg
Luxembourg
europe-data-protection@pictet.com
Data Protection Officer ASIA
10 Marina Boulevard #22-01
Marina Bay Financial Center - Tower 2
Singapore 018983
asia-data-protection@pictet.com
Data Protection Officer BAHAMAS
P.O. Box N-4837
Bayside Executive Park, Building No. 1
West Bay Street and Blake Road, Nassau – Bahamas
bahamas-data-protection@pictet.com
Data Protection Officer NORTH AMERICA
1000 de la Gauchetiere West, Suite 3100
Montreal QC H3B 4W5
Canada
north-america-data-protection@pictet.com
Data Protection Officer PICTET ASSET MANAGEMENT (PAM)
Route des Acacias 60
1211 Geneva 73
Switzerland
pam-data-protection@pictet.com
2. How do we handle your personal data?
We are subject to certain confidentiality and/or secrecy obligations, e.g., arising under data protection, contract, professional or banking secrecy, as the case may be. Personal data we process are also subject to said obligations.
This Privacy Notice deals with the way we process (i.e., collect, use, store, transmit or otherwise handle or process, collectively defined hereinafter as the "Processing" or "Processing Operations") personal data. This Privacy Notice does not replace, and is subject to, our applicable contractual terms and conditions.
We may conduct our Processing Operations either directly or indirectly, through other parties which process personal data on our behalf (hereinafter the "Processors"). We are responsible only for the Processing of personal data as per this Privacy Notice.
3. What personal data do we process?
"Personal data" include any information that enables one to identify directly (e.g., first name, surname) or indirectly (e.g., passport number or data combination) a natural person.
Personal data of Data Subjects we process may include:
4. For what Purposes and on what legal bases do we process personal data?
We collect and process personal data for the purposes (hereinafter the "Purposes") and based on the legal bases set forth herein.
As a general comment, we essentially base our Processing on (i) the performance of a contract to which you are a party or a Related Person is related (as well as to take pre-contractual steps at your or a Related Person's request), (ii) our obligation to comply with a legal or regulatory obligation, (iii) the pursuit of our legitimate interest (including that of other Pictet Group entities) and (iv) the performance of a task carried out in the public interest (e.g., to prevent or detect offences).
More specifically, we collect and process personal data as necessary for the performance of a contract to which you are a party and/or a Related Person is related, which includes the following Processing Operations (which may also be based upon other lawful bases):
We also collect and process personal data in relation to compliance with legal and regulatory obligations to which we are subject, including to:
The foregoing Processing Operations may rely on other lawful bases and eventually do substantially rely on the performance of a task carried out in the public interest.
Furthermore, we may process personal data in relation to legitimate interests we pursue in order to:
To the extent one or more of our Processes of personal data presupposes that you give your prior consent thereto, we will reach out to you and ask for your consent in due time.
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.
5. Do we rely upon profiling or automated decision making?
We may assess certain characteristics of the Data Subjects on the basis of personal data processed automatically (profiling), in particular to provide Data Subjects with personalised offers and advice or information on our products and services or those of our affiliates and business partners. We may also use technologies that allow identifying the level of risks linked to a Data Subject or to the activity on an account.
Furthermore, we generally do not use automated decision making in connection with our Business Relationship and/or Data Subjects. Should we do so, we shall comply with applicable legal and regulatory requirements.
6. What sources do we use to collect your personal data?
To achieve the Purposes, we collect or receive personal data:
7. Do we share your personal data with third parties?
If necessary or useful to achieve the Purposes, we reserve the right to disclose or make accessible the personal data to the following recipients, provided this is legally or otherwise authorised or required:
We undertake not to transfer personal data to any third parties other than those listed above, except as disclosed to Data Subjects from time to time or if required by applicable laws and regulations applicable to them or by any order from a court, governmental, supervisory or regulatory body, including tax authorities.
8. Are personal data transferred outside of our jurisdiction of incorporation?
In relation to our Business Relationship, we may disclose, transfer and/or store personal data abroad (hereinafter "International Transfer") (i) in connection with the conclusion or performance of contracts directly or indirectly related to our Business Relationship, e.g., a contract with you or with third parties in your interest, (ii) when the communication is necessary to safeguard an overriding public interest, or (iii) in exceptional cases duly foreseen by applicable laws (e.g., disclosures of certain trades made on an exchange to international trade registers).
International Transfers may include the transfer to jurisdictions that (i) ensure an adequate level of data protection for the rights and freedoms of Data Subjects as regards to Processing, (ii) benefit from adequacy decisions as regards their level of data protection (e.g., adequacy decisions from the European Commission or the Swiss Federal Data Protection and Information Commissioner) or (iii) do not benefit from such adequacy decisions and do not offer an adequate level of data protection. In the latter case, we will ensure that appropriate safeguards are provided, e.g., by using standard contractual data protection clauses established by the European Commission.
Should you wish to have further information as regards International Transfers or appropriate safeguards, you may of course contact our Data Protection Officer (see Section 1 above).
9. What are your rights in connection with data protection?
You have the right, subject to applicable local data protection legislation, to:
Even if a Data Subject objects 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 the Data Subject is 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 defence of legal claims. We will not, however, use the Data Subject's personal data for direct marketing purposes if the Data Subject asks us not to do so.
Subject to the limitations set forth herein and/or in applicable local data protection laws, you can exercise the above rights free of charge by contacting our Data Protection Officer.
10. How long are your personal data kept or stored?
As a matter of principle, we retain personal data for as long as we need the same to achieve the Purposes. By the same token, we will delete or anonymise personal data (or equivalent) once they are no longer necessary to achieve the Purposes, subject however (i) to any applicable legal or regulatory requirements to store personal data for a longer period, or (ii) to establish, exercise and/or defend actual or potential legal claims, investigations or similar proceedings, including legal holds, which we may enforce to preserve relevant information.
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Status of 25 May 2018