Privacy Notice &
Last updated: June , 2018
Banque Thaler SA (hereinafter "Banque Thaler" or "we") cares about the protection and confidentiality of your personal data and is committed to comply with data protection laws and regulations. The following information provides an overview of how we process your personal data and your rights under data protection laws and regulations. To the extent applicable, please forward this information to your current and future authorised representatives, any beneficial owners or holders of any right on the account(s) (e.g., power of attorney, information right).
1. Who is responsible for your personal data and whom can you contact?
Banque Thaler is the entity responsible for the processing of your personal data. For any question that you may have in connection with the processing of your personal data, you may contact your relationship manager with us or our Data Protection Officer at the following address:
BANQUE THALER SA
Data Protection Officer
Rue Pierre-Fatio 3
1204 Geneva Switzerland
3. For what purposes and on what legal bases do we process your personal data?
We process personal data in accordance with the Swiss Federal Act on Data Protection (FADP), and, to the extent applicable, with the European General Data Protection Regulation (GDPR). Personal data that we process may also be subject to banking secrecy or other contractual or professional confidentiality obligations applicable to us. We process personal data for the following purposes (hereinafter the "Purposes") and legal bases:
(a) for the performance of contractual obligations
We collect and process personal data as necessary for the performance of a contract to which you or a related person is a party, or to carry out pre-contractual measures that occur as part of a request, which includes in particular the following processing operations: (i) opening and management of an account and business relationship with us, (ii) the execution of transactions, (iii) the provision of investment advice as well as (iv) asset and portfolio management and the distribution of financial products.
(b) for compliance with a legal obligation or in the public interest
As a bank, we are subject to various legal obligations which require us to process and collect personal data, including in relation to accounting requirements, the provision of information about products and services, the prevention of money laundering activities, bribery, corruption, tax frauds as well as other frauds and crimes, the recording of phone conversations, the satisfaction of any requirements of cooperation with, or reporting to, any competent public prosecution, supervisory, administrative or tax authority or court, as well as the assessment and management of risks.
(c) for the purposes of safeguarding legitimate interests
When necessary, we process your personal data for the purpose of the legitimate interests pursued by us or a third party, if such processing does not unduly affect your interest or fundamental rights and freedoms. Examples include (a) the development of our business relationship with you (b) measures for the security of our properties and systems (c) the recording of phone conversations to verify instructions, improve the quality of our services or to safeguard our rights (d) the exercise or defense of actual or potential legal claims, or the conduct of investigations or similar proceedings (e) review and improvement of our internal processes and organization, including for the purpose of risk management (f) the evaluation of certain characteristics of data subject on the basis of automatic processing of personal data (profiling) (see also Section 7).
(d) on the basis of your consent
To the extent that the processing of your personal data requires that you give your prior consent thereto, we will ask for your consent in due time. Any consent granted may be revoked at any time. Please be advised that the revocation of your consent shall only have effect for the future. Any processing that was carried out prior to the revocation shall not be affected thereby.
The provision of personal data may be mandatory, for instance in connection with compliance with applicable laws and regulations. If the required data are not provided, this may preclude us from establishing or pursuing a business relationship or from rendering services to you.
4. Who has access to your personal data and with whom are they shared?Within Banque Thaler, every unit that requires your personal data to achieve the Purposes will have access to it. If necessary or useful to perform our services and achieve the Purposes, we may disclose or transfer your personal data to (i) public or governmental authorities, administrations or courts (e.g. financial market supervisory authorities, tax authorities, anti-money laundering authorities) or financial institutions (e.g. third party central depositories, brokers, exchanges, registers, third party banks, etc.) or (ii) third party service providers that process personal data on our behalf and/or to which we outsource certain tasks (outsourcing).
5. Are your data transferred outside of Switzerland?Personal data may be transferred to countries outside Switzerland if this is required for the execution of your orders or the fulfillment of our contractual obligations (e.g. payment and securities transactions), prescribed by law (e.g. reporting obligations under tax law), necessary to safeguard an overriding public interest, or if you have given us your consent.
6. How long will your data be stored?As a matter of principle, we process and store your personal data as long as it is necessary in order to achieve the Purposes. We will delete or anonymise your personal data regularly once they are no longer necessary in order to achieve the Purposes, unless a further processing of your personal data is necessary for the following purposes: (i) compliance with longer records retention periods under applicable law or regulations and (ii) preservation of all forms of relevant information to exercise or defend actual or potential legal claims or to conduct investigations or similar proceedings.
7. Do we rely upon profiling or automated decision making?In some cases, we process your personal data automatically with the aim of evaluating certain personal aspects (profiling), in particular to provide you with targeted information and advice on our products or services or those of our business partners. We may also use technologies that allow us to identify the level of risks linked to a data subject or to the activity on an account. Furthermore, as a rule, we do not make decisions based solely on automated processing in order to perform our services. Should we do so, we shall comply with applicable legal and regulatory requirements.
8. What are your rights in connection with data protection?
Under GDPR, you have the right to (i) request access to, and receive copy of, your personal data (art. 15 GDPR), the right to request rectification of your personal data if they are inaccurate (art. 16 GDPR), the right to request erasure of your personal data when the processing is not or no longer necessary for the Purposes, subject to applicable retention records (art. 17 GDPR), the right to request a restriction of the processing of your personal data (art. 18 GDPR), the right to object to the processing of your personal data, in which case we will no longer process your personal data unless we have compelling legitimate grounds to do so (art. 21 GDPR) and if applicable, the right to receive your personal data in structured, commonly used and machine-readable format (data portability) (art. 20 GDPR). Furthermore, you have the right to complain to our Data Protection Officer and, if applicable, to lodge a complaint with a competent data privacy regulatory authority. In general, but subject to certain differences or exceptions, similar rights are also granted by the FADP.
Last updated: June 8, 2018
1. What is a cookie?A cookie is a small text file that a website saves on your computer or mobile device when you visit the website. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you do not have to keep re-entering them whenever you come back to the site or browse from one page to another.
2. What types of cookies are used in our website and for what purposes?
We use (i) functional cookies, which are required for the functioning of our website and (ii) analytical cookies, which gather information on how you use our website (e.g. number of visits, most popular pages). We may also use advertisement cookies to deliver tailor-made advertisements on our website or on third party websites.
After the browser session, most of the cookies we use are deleted from your hard disk ("session cookies"). Other cookies remain on your computer ("permanent cookies") and permit its recognition on your next visit to our website. The cookies we use on our websites are used to enhance the way you navigate our website, and to improve its speed and its performance.
The cookies also enable us to collect statistics on the number of users and their usage patterns. This allows us to manage and improve the usability of our website.
5. Controlling and deleting cookiesVia the settings of your web browser you can control which types of cookies our website may set on your device. Please ensure that you set your cookie settings by un-ticking certain types of cookies if you do not consent to their use by us and that your browser setting reflects whether you wish to be warned about and/or accept tracking technologies (such as cookies) where possible. The specific capabilities of your browser and instructions on how to use them can usually be found in the manual or help file of your browser. To comply with applicable laws and regulations, in some countries you may be asked to confirm or reconfirm your cookie settings when you visit our website. Furthermore, you can prevent data generated by the cookie and relating to your use of the website (including your IP address) from being collected and processed by Google, by downloading and installing a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=en If you have accepted cookies to be recorded on your computer, or if you delete those already recorded on it, you will no longer be able to benefit from a number of features on our website.
6. Your rights
We delete your personal data when all processing purposes have been fulfilled. When we are obliged by statutory provisions to retain your personal data, we will delete it after the end of the applicable retention period. You have the right to request access to the data we hold about you, including the right to request correction of incorrect personal data, its restriction and deletion. In addition, you may contact our Data Protection Officer and lodge a complaint with the competent data protection supervisory authority if you believe that our processing of your personal data infringes applicable data protection laws.
For questions or queries please contact us at: firstname.lastname@example.org or write to Banque Thaler SA, Data Protection Officer, Rue Pierre-Fatio 3, 1204 Geneva, Switzerland.