Aviso de protección de datos marketing
1. DEFINITIONS AND PURPOSES OF PROCESSING
In order to meet its marketing needs, improve its service offering, and process requests addressed to it, Mirabaud & Cie SA (hereinafter also referred to as “the Bank” or “We”), acting as data controller, processes personal data relating to you.
“Personal data” means any information relating to an identified or identifiable natural person within the meaning of applicable data protection legislation.
This data protection statement for marketing activities (hereinafter the “Marketing Statement”) describes how we process personal data in the context of:
the provision of marketing services; and
the handling of requests submitted to us, in particular via contact forms available on our websites.
“Service” includes in particular:
the sending of newsletters and personalized communications based on your preferences;
the transmission of information likely to be of interest to you;
the sending of brochures or other promotional materials;
invitations to events; and
the management and follow-up of your requests (e.g., via a contact form or appointment request).
“Visitor” means a natural person who browses the Mirabaud Group website and does not have a banking relationship with Mirabaud & Cie SA.
“Client” means a natural person who has a banking relationship with Mirabaud & Cie SA.
“You” refers, depending on the context, to the Visitor and/or the Client.
2. WHAT PERSONAL DATA DO WE PROCESS ABOUT YOU WHEN PROVIDING MARKETING SERVICES?
In the above context, we may collect and process the following categories of personal data:
identification data (e.g., first name, last name);
contact details (e.g., email address, telephone number);
data relating to your interactions with our communication and collaboration tools;
data relating to your habits and preferences;
information transmitted via cookies (cookies and similar technologies on websites and in emails).
We may also process any other information that you choose to communicate to us voluntarily, in particular in free-text fields.
The provision of sensitive data is not required for the Service. We ask you not to provide such data. However, if you do provide sensitive data, whether voluntarily or inadvertently, such data may be processed in accordance with this Statement and applicable legislation.
3. WITH WHOM DO WE SHARE YOUR PERSONAL DATA WHEN PROVIDING MARKETING SERVICES?
By completing our online contact form in order to use our Service, you consent to the collection, transfer, and processing of your personal data abroad, as well as to the sending of marketing communications by the Bank, which may contact you to discuss your wealth management needs.
You may unsubscribe from marketing communications at any time by following the instructions included at the bottom of the emails received.
As part of the provision of the Service, we use the services of Brevo, located in Paris, France (hereinafter “Brevo”), which in turn subcontracts certain operations to its own subprocessors. An up-to-date list including the names and locations of these subprocessors is available here.
4. ARE PERSONAL DATA TRANSFERRED OUTSIDE OUR JURISDICTION WHEN PROVIDING MARKETING SERVICES?
Your personal data may be processed in the following countries: France, Germany, Austria, Canada, the United States, and India.
In the case of international transfers, your data may be transferred to countries recognized by the competent authority as providing an adequate level of data protection.
For transfers to countries not recognized as providing an adequate level of protection, we rely on:
your consent when completing our online contact form; and/or
the implementation of appropriate contractual, technical, and/or organizational safeguards to ensure the protection of your personal data (such as standard contractual clauses or binding corporate rules approved by competent authorities, access control processes, privilege management, and data segregation).
For further details on the applicable safeguards, please contact us at the address indicated in our Mirabaud Data Protection Statement.
Despite all precautions and safeguards implemented, the following risks may arise due to the transfer of your personal data:
possible access to your personal data by local authorities;
possible extraterritorial access by foreign authorities (e.g., under the US CLOUD Act);
lack of sufficient enforcement or sanctions in case of breach of contract between the Bank and Brevo or of applicable foreign law; and
inability for the Bank or the Visitor and/or Client to defend themselves effectively through legal means.
Brevo’s Data Processing Agreement (DPA) can be accessed here.
5. BANKING SECRECY
a) Visitors
If you are a Visitor, you understand and accept that Swiss banking secrecy under Article 47 of the Federal Act on Banks and Savings Banks does not apply to these personal data, as they cannot be considered banking data under the meaning of the law.
b) Clients
If you are a Client, Swiss banking secrecy under Article 47 applies to part of your personal data, namely information relating to your assets held with the Bank (e.g., bank account or securities account numbers, balances, and performance), which qualify as banking data under the law.
If such data are transmitted by you in the context of our Service, your informed consent is required to disclose to a third party—here, Brevo—the existence of a client relationship, in compliance with Article 47.
6. WHAT ARE YOUR RIGHTS AND HOW CAN YOU EXERCISE THEM?
Depending on the applicable data protection laws, you have the following rights:
right of access: to obtain information about the processing of your personal data and receive a copy of such data;
right to rectification: to request correction if your personal data are incomplete or inaccurate;
right to erasure: to request deletion of your personal data where permitted by law;
right to restriction of processing: to request limitation of processing;
right to object: to object to processing based on your particular situation;
right to withdraw consent: to withdraw your consent at any time;
right to data portability: where permitted by law, to receive your personal data or have them transferred to a third party where technically feasible.
Even if you object to processing, we may continue if it is:
(i) required by law,
(ii) necessary for the performance of a contract,
(iii) necessary for a task carried out in the public interest, or
(iv) necessary for our legitimate interests, including the establishment, exercise, or defense of legal claims.
For further information or to exercise your rights, please contact us at the address indicated in our Mirabaud Data Protection Statement.
In accordance with applicable regulations, you also have the right to lodge a complaint with the competent supervisory authority.
