Data protection

Privacy Policy of Quintet Private (Switzerland) Ltd 

Dated 1 February 2022

1. Introduction

This privacy policy (the Policy) of Quintet Private (Switzerland) Ltd (hereinafter Quintet or We or Us) informs the clients of Quintet, prospects, the users of our websites and other offerings, and other third parties with whom We do business or interact (hereinafter collectively Clients, Users, or You) about the collection and further processing of Your personal data (as that term is defined under applicable data protection law, Personal Data) by Quintet in connection with Your use of our banking services, our website and our other services, offerings or activities (collectively the Services).

In addition to the processing activities described in this Policy, Quintet and other entities of the Quintet Group (as defined below) may engage in other processing activities that are described in other applicable privacy policies or notices, are evident from the circumstances or are provided for by applicable law.

If You provide Quintet with Personal Data of other persons, please make sure that these persons are aware of this Policy. You should only provide their Personal Data to Quintet if You are allowed to do so pursuant to applicable law.

In the event of any discrepancy between this Policy and Quintet's general terms and conditions or other agreements that may exist between You and Quintet, the latter shall prevail if applicable.

2. Data Controller

Unless provided otherwise in this Policy or on the website or similar communication with respect to a specific Service, Quintet is the controller with respect to the processing activities described in this Policy. If You have any queries regarding any processing activities described in this Policy, You may reach out to Quintet at Quintet Private (Switzerland) Ltd, Gartenstrasse 14, CH-8002 Zurich, Switzerland,  e-mail switzerland@quintet.com.

Quintet is part of a group of entities under the control of Quintet Private Bank (Europe) S.A. domiciled in Luxembourg (the Quintet Group), which has appointed a data protection officer according to article 37 of the European General Data Protection Regulation (the GDPR). The Quintet Group data protection officer can be contacted at Quintet Private Bank (Europe) SA, Group Data Protection Officer, 43, boulevard Royal, L-2955 Luxembourg, or via e-mail under dpogroup@quintet.com.

3. Collection and Further Processing of Personal Data

Quintet collects Personal Data when You use our Services, visit our websites or other digital offerings, or otherwise intact with Us (e.g., when communicating with Quintet, when entering in or performing under contracts You may have with Quintet, at events of Quintet, etc.). Generally, We collect Personal Data directly from You in the course of Your relationship with Quintet. We may however also collect Personal Data from other sources (e.g., from public registers, internet, press, other entities of the Quintet Group, from authorities and regulators, from third party companies, such as credit rating agencies or compliance database providers, etc.). Further, We receive Personal Data from Clients with respect to other persons involved in the Client's relationship with Us, such as representatives, signatories, proxies, asset managers, or beneficial owners.

In particular, We process the following Personal Data:    

• Personal and contact information, including, but not limited to, first and last name, maiden name, address, residence, telephone number, e-mail address, date of birth, gender, marital status, relatives, contact in case of emergency, function, education, preferences, interests, pictures, information on Your identification documents, account information, credit card data, social security numbers, other identifiers, etc.;
• Data pertaining to the business relationship with You, including, but not limited to, offers, requests, contracts, transactions and instructions, accounts, assets, ability to repay credits, creditworthiness and solvency, other risk classifications, risk profiles, transaction history, claims, other persons involved in the business relationship, etc.;
• Data in connection with product and services marketing, including, but not limited to, information such as newsletter opt-ins and opt-outs, documents received, invitations to and participations at events and special activities, preferences and interests, etc.;
• Data concerning the use of the website and our other offerings, including, but not limited to, the IP address and other identification (e.g., MAC address and other identifiers of smartphones, computers or other devices, cookies), date and time of visits, visited sites and contents, referring websites, registration and login details, etc.;
• Data in connection with communication, such as preferred means of communication, correspondence and communication with Quintet and other entities of the Quintet Group (including records of such communication), etc.;
• Data related to Quintet's compliance and other obligations, including, but not limited to, Quintet's internal investigations, screenings before the entering into and throughout a business relationship, controls relating to the applications of the rules against money laundering and terrorist financing and regarding tax matters, and all other data Quintet and other entities of the Quintet Group need to meet their legal and regulatory obligations.

Within the framework of a business relationship within Quintet, You may be required to provide to Quintet such Personal Data as reasonably needed to establish and perform the contractual relationship, or required by law or regulation or internal rules. Without such Persona Data, Quintet may not be able to enter into and perform the business relationship. Any access to our website and other digital offerings may be logged automatically during use and cannot be deactivated for individual Users.

4. Purpose of the Processing of Personal Data and Legal Basis

Quintet may process Personal Data namely for, but not limited to, the following purposes

• In connection with the performance of Services, preparation, execution and performance of offers, contracts and transactions, maintenance and development of Client and other business relations, communication with You and third parties, service and support, events, promotions, advertisement and marketing (including newsletters and mailing of promotional materials of Quintet), creating Client and User profiles, offering customized Services;
• Development, operation, management and maintenance of our websites and other digital offerings, which may include functions which require identifiers or other Personal Data, checking identities, log-ins, and other authentications, and User management;
• Development, operation, management and maintenance of our infrastructure, such as IT infrastructure and other systems We use for our business purposes;
• Protection of Clients, employees and other persons and protection of data, secrets and assets of and entrusted to Quintet, safety of systems and premises of Quintet;
• Compliance with legal and regulatory requirements and internal rules of Quintet and the Quintet Group, consolidated supervision, enforcement and exploitation of legal rights and claims, defense against legal claims, litigation, complaints, combating abusive conduct, engaging in investigations and proceedings, responding to inquiries of public authorities;
• Risk management on both the level of Quintet and the Quintet Group, including market risk, credit risk, operational risk, liquidity risk, legal risk and reputational risk;
• Sale or acquisitions of business divisions, companies or parts of companies and other corporate transactions and the transfer of Client Data associated therewith; and
• For other purposes as far as a legal obligation requires such processing, or where such processing was evident from the circumstances or indicated at the time of the collection.

Quintet processes Personal Data based on the following legal grounds, if any such legal ground is required under applicable data protection law:

•  Performance of contracts or pre-contractual measures;
•  Compliance with legal obligations of Quintet or, as the case may be, other entities of the Quintet Group;
•  Consent (insofar as the processing is based on a specific query for consent, namely the receipt of newsletters for which You have registered for);
•  Legitimate interests of Quintet or, as the case may be, other entities of the Quintet Group, including but not limited to (i) offering and providing Services, (ii) carrying out advertisement and marketing activities, (iii) efficient and effective Client and User support, maintenance of contact and other communication with Clients and third parties outside of the performance of contracts; (iv) understanding Client and third party behavior, activities, concerns and needs, market studies; (v) efficient and effective improvement of Services, and development of new products and services; (vi) efficient and effective protection of Clients, employees and other individuals as well as protection of data, secrets and assets of or entrusted to Quintet, safety of systems and premises of Quintet; (vii) maintenance and security, efficient and effective organization of business operations including a secure, efficient and effective operation and successful further development of our websites and other digital offerings and of our IT systems; (viii) reasonable corporate governance and development; (ix) successful sale and acquisition of business units, companies or parts of companies and other corporate transactions; (x) compliance with legal and regulatory requirements and internal rules of Quintet and other entities of the Quintet Group; and (xi) concerns regarding the prevention of fraud, offences and crimes, investigations in connection with such offences and other improper conduct, handling of claims and actions against Quintet and other entities of the Quintet Group, cooperation in legal proceedings and with public authorities as well as the prosecution, exercise of and defense against legal actions.

In accordance with applicable data protection laws, Quintet may namely process Personal Data of Clients to comply with applicable laws and regulation and internal rules of Quintet and, as the case may be, other entities of the Quintet Group, such as with respect to the prevention of anti-money laundering and terrorist financing, know-your-customer, prevention of tax evasion, risk management and supervision (including consolidated supervision of the Quintet Group), for combating abusive conduct, for purposes of investigations or proceedings and for the response to inquiries of public authorities.

In accordance with applicable data protection laws, Quintet may namely process Personal Data of Users of our websites and other digital offerings for the purpose of maintaining and developing the website and such other offerings (including the provision of functions which require authentication, identifiers or other Personal Pata), for statistical analysis regarding the use of our websites and other digital offerings.

5. Disclosure and Export of Personal Data

Quintet may disclose Personal Data to the following categories of recipients who process Personal Data on behalf of Quintet or of other entities of the Quintet Group or, as the case may be, who process Personal Data for their own purposes and in accordance with their own privacy policies and notices:

• Service providers and data processors acting on our behalf (within or outside of the Quintet Group, such as third party service providers of Quintet or the Quintet Group);
• Other entities of the Quintet Group;
• Business partners, intermediaries, correspondents, custodian banks, clearing houses, any stakeholder or market counterparties, stock exchanges or any company in which You hold financial instruments through Us (e.g., shares or bonds);
• local, national and foreign courts, bodies, agencies and authorities (e.g., in connection with inquiries, investigations and requests from such courts, bodies, agencies and authorities, in administrative investigations, criminal investigations, and civil and/or criminal proceedings, and to comply with applicable law or regulation or internal rules);
• other parties in potential or actual legal proceedings.

If Personal Data that is not otherwise public is transferred to a country without adequate data protection provisions, We will ensure suitable data protection by deploying adequate contractual guarantees on the basis of EU standard contract clauses or other provisions, binding corporate rules, or We may transfer Personal Data based on the exception of consent, of contract processing, of the determination, assertion or enforcement of legal claims, of overriding public interests, or because the transfer is necessary to protect the physical integrity of a data subject. Where applicable data protection law so provides, You can obtain a copy of the contractual guarantees with regard to Your Personal Data from Us, or You can find out where such a copy can be obtained. We reserve the right to redact such copies for reasons of data protection or for reasons of secrecy.

6. Retention of Personal Data

As a rule, Quintet retains Personal Data that relates to the provision of our Services or otherwise to a contract or business relationship as long as the contractual relation is ongoing and for a period of ten years after the termination of the contractual relationship, unless a longer statutory retention obligation is applicable on a case-by-case basis, this is required for reasons of proof or another valid reason for an exception is pertinent based on applicable law or regulation, and except if the deletion of the Personal Data is required earlier under applicable law or regulation (namely because it is no longer required or Quintet is obligated to delete it).

As a rule, shorter retention periods are applicable for Personal Data that is unrelated to a contractual relationship, such as electronic visitor logs and similar data regarding the use of our website and our other digital offerings.

Business records, including communications, will be retained as long as Quintet has an interest in them (namely an interest for reasons of proof in case of claims, documentation of compliance with legal, regulatory or other requirements, or is obligated to do so (by way of contract, law or other provisions).

7. Cookies and Analytics

Quintet uses cookies on its website. Cookies are a widespread technique that allocate an identification to the browser of the user of a website which the browser saves and shows upon request. On the one hand, Quintet uses session cookies which are automatically erased when the User closes the website and which enable the server to establish a stable connection to the User as long as he or she browses on the website. On the other hand, permanent cookies which are only erased after a period defined per website are used. Permanent cookies allow saving certain settings (e.g. language) for several sessions or allow for an automated log-in. The User consents to the application of cookies by way of using the website and the respective functions (e.g. language settings and automated log-in). The User may block the application of cookies on his or her browser or delete cookies there which may, however, impair the use of the website. Additionally, cookie preferences can be managed directly through the Quintet Privacy Preference Center.Quintet kann in Newslettern und anderen Marketing-E-Mails Kodierungen einfügen, die es uns ermöglichen, festzustellen, ob der Empfänger eine E-Mail geöffnet oder in der E-Mail enthaltene Bilder heruntergeladen hat. Der Empfänger kann diese Anwendung jedoch in seinem E-Mail-Programm blockieren. Sie stimmen der Anwendung dieser Technologie durch den Empfang von Newslettern oder anderen Marketing-E-Mails zu.

Quintet may include coding in newsletters and other marketing e-mails which allow it to determine if the recipient has opened an e-mail or downloaded pictures contained in the e-mail. However, the recipient may block this application in his or her e-mail application. You consent to the application of this technology by way of receiving newsletters on other marketing related emails.

Quintet may use Google Analytics or similar applications on its website. These applications are third party services which allow Quintet to measure and analyze the use of its website. The providers of these applications may be located in any country worldwide (in the case of Google Analytics which is operated by Google LLC or any of its affiliates, it may be the USA). The service provider uses permanent cookies for these applications. Quintet will not disclose Personal Data to the service provider. The service provider may, however, monitor the use of the website by the User and combine this data with data from other websites monitored by the same service provider which the User has visited and the service provider may use these findings for its own benefits. The service provider knows the identity of the User who has registered with the service provider. The processing of any Personal Data by the service provider will be the service provider's responsibility and data will be processed according to the privacy policies and notices of the service provider. The service provider will provide anomynizeddata on the use of the website to Quintet.

What cookies do we use?

Im Allgemeinen verwenden wir Cookies, um vier verschiedene Funktionen auszuführen:

1. Essential cookies

Some cookies are essential to carry out operations on our website and pages. For example, some cookies allow us to identify the user and to ensure that the user can access registration or log in to pages.

These cookies do not include information about you that could be used for marketing purposes or remember where you have been on the internet. This category of cookies should not be disabled. If a user chooses to make these cookies inactive, they will not be able to access the full content of the pages visited.

2. Performance and analysis cookies

These cookies collect information about how visitors use the website, for example which pages visitors look at most often and whether they receive error messages from certain pages. These cookies do not collect information that can identify you. Any information that these cookies collect is anonymous and is only used to improve the functioning of our site.

 3. Functional cookies

We may use functional cookies that allow us to remember your preferences. For example, these cookies will save you from having to re-enter your username each time you access a site and remember your preference selection, such as the regional edition of the website you want to see when you log in. We may also use functional cookies to provide you with enhanced services that may, for example, allow you to view an online video or comment on a blog.

                                                                                                                                     
 4. Targeting Cookies

We and our adverti partners may use cookies to provide you with advertisements that we think are appropriate for you, based on your interests. You may see these advertisements on our website and on other websites you visit. However, we do not tell our advertisers who you are.

8. Your Rights

If and insofar as this is provided for under applicable data protection law, You may request information from Quintet as to whether Your Personal Data is being processed by Quintet. In addition, You may have the right to request the correction, destruction or restriction of the processing of Your Personal Data as well as to object to the processing of Your Personal Data. Should the processing of Personal Data be based on Your consent, You may withdraw such consent at any time. In some jurisdictions, data subjects may, in certain cases, have the right to obtain data generated during the use of online services in a structured, common and machine-readable format which allows for further use and transfer. Any request in this respect shall be submitted to Quintet at the contact details set forth in section 2 above. Quintet reserves the right to restrict the rights of the data subjects in accordance with applicable law and, e.g., not to disclose comprehensive information or not to delete data.

Should Quintet make an automated decision with respect to You which may have a legal effect for You or seriously affect You in a similar way, You may have, in accordance with and if provided for by applicable data protection law, the right to speak with a representative of Quintet and to request a reconsideration of such decision by a representative of Quintet. In this case, You might no longer be able to use certain automated services.

You may also raise a complaint with the competent data protection authority, which in the case of Quintet is the Swiss Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).

9. Changes

Quintet is entitled to amend this Policy at any time and without prior notice or announcement. The most recent version as published on our website shall be applicable.