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©2024, Pictet Group
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 1. Home
 2. Legal documents and notes
 3. Privacy Notice


PRIVACY NOTICE


PRIVACY NOTICE

Status as at August 2023




1) WHO IS RESPONSIBLE FOR YOUR PERSONAL DATA AND WHO CAN YOU CONTACT?



Pictet Group Entities (“Pictet”, “us” or “we”) process information and personal
data (“Personal Data”) relating to you and/or any Related Person of yours
[Related Person(s) and you together: the “Data Subject(s)”]. We do this in
connection with our existing and/or prospective business relationships,
including your use of our websites and applications (together: the “Business
Relationship”). We can do so either as controller or as joint controller (the
“Controller”).

A “Related Person” means an individual or entity whose information that you or a
third party provides to us and/or information that otherwise comes to our
knowledge in connection with our Business Relationship. A Related Person may
include, but is not limited to, (i) a director, officer or employee of a
company; (ii) a trustee, settlor or protector of a trust; (iii) a 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; (vii) a
representative or agent (i.e. with a power of attorney, a right to information
on an account, an e-banking user); or (viii) an employer or contractor.

We therefore ask you to liaise with all of your Related Persons and to pass this
Privacy Notice and the information it contains on to them.

If you have any questions about this Privacy Notice, about your Controller or,
more generally, about the processing of your (or your Related Persons’) Personal
Data, you can contact your relationship manager or our Data Protection Officer
at any of the following addresses:

SWITZERLAND

Data Protection Officer
Route des Acacias 60 
1211 Geneva 73
Switzerland 
Email: switzerland-data-protection@pictet.com

EUROPE (EX-SWITZERLAND)

Data Protection Officer
Avenue J.-F. Kennedy 15A
L-1855 Luxembourg
Luxembourg
Email: europe-data-protection@pictet.com

ASIA

Data Protection Officer
8-9/F Chater House
8 Connaught Road, Central
Hong Kong
Email: asia-data-protection@pictet.com

BAHAMAS

Data Protection Officer
P.O. Box N-4837
Bayside Executive Park, Building No. 1
West Bay Street and Blake Road, Nassau – Bahamas
Email: bahamas-data-protection@pictet.com

NORTH AMERICA

Pictet Overseas Inc./Pictet Canada LP
Jacques Guvlekjian
Senior Compliance Officer
Regional Data Protection Officer
+1 514 350 6257
Email: jguvlekjian@pictet.com

1000 de la Gauchetiere West, Suite 3100
Montreal QC H3B 4W5
Canada
Email: north-america-data-protection@pictet.com

PICTET ASSET MANAGEMENT (PAM)

Data Protection Officer
Route des Acacias 60
1211 Geneva 73
Switzerland
Email: 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. those
arising under laws governing data protection, contracts and professional or
banking secrecy, whichever may be applicable.

This Privacy Notice deals with the way we process Personal Data. That means how
we collect, use, store, transmit or otherwise handle or process, operations
collectively defined in this document as “Processing” or “Processing
Operations”. This Privacy Notice does not replace, and remains subject to, our
applicable contractual terms and conditions.

We may conduct our Processing Operations either directly or indirectly, through
other parties that process Personal Data on our behalf (the “Processors”).


3) WHAT PERSONAL DATA DO WE PROCESS?



Personal Data include any information relating to an identified or identifiable
natural person or as defined in the applicable law.

Personal Data of Data Subjects that we process may be based on the following
principal legal bases, bearing in mind that they may also rely cumulatively on
other legal bases mentioned.

On the legal basis of contract performance, including the pre-contractual steps:

 * identification data, e.g. names, addresses, telephone numbers, email
   addresses, business contact information;
 * personal characteristics, e.g. date of birth, country of birth;
 * work-related information, e.g. employment and job history, title,
   professional skills, powers of attorney;
 * financial information, e.g. financial and credit history information, bank
   details, records from the debt collection enforcement office;
 * transaction/investment data, e.g. current and past investments, investment
   profile, investment preferences and invested amount, number and value of
   shares held, role in a transaction (seller/acquirer of shares), transaction
   details.

On the legal basis of legal and regulatory obligations:

 * identifiers issued by public bodies, e.g. passport, identification card, tax
   identification number, national insurance number, social security number,
   work permit;
 * reputation checks and background checks;
 * voice recording, e.g. the recording of phone calls made by or to the
   Controller’s representatives.

On the legal basis of our legitimate interest:

 * management and security data, e.g. records of presence on our premises;
 * visual and video surveillance media, e.g. video surveillance on our premises
   for security purposes.

On the legal basis of your prior consent:

 * certain cookie information, e.g. cookies and similar technologies on websites
   and in emails (see our Cookies policy).


4) FOR WHAT PURPOSES AND ON WHAT LEGAL BASES DO WE PROCESS PERSONAL DATA?



Purposes for which we process Personal Data (the “Purposes”) may be based on the
following principal legal bases, bearing in mind that they may also rely
cumulatively on other mentioned legal bases.

We collect and process Personal Data as necessary for pre-contractual steps and
performance of a contract to which you are a party and/or a Related Person is
related, which encompasses the following Processing Operations:

 * the opening and management of your and/or a Related Person’s account or
   Business Relationship with us, including all related operations for your
   identification
 * any other related services provided by any service provider of the
   Controller(s) and Processors in connection with our Business Relationship;
 * management, administration and distribution of investment funds, including
   any ancillary services related to these activities, or the processing of
   subscription, conversion and redemption requests in investment funds, as well
   as for maintaining the ongoing relationship with respect to holdings in such
   investment funds;
 * management of requests for proposals and/or due diligence, the provision of
   services (including the invoicing and payment of fees) and management of the
   Business Relationship and related communication with you.

We also collect and process Personal Data relating to compliance with legal and
regulatory obligations to which we are subject, including to:

 * provide offering documentation to Data Subjects about products and services;
 * comply with legal obligations relating to accounting, compliance with
   legislation on markets in financial instruments, outsourcing, foreign
   activity and qualified participation;
 * conduct audits and/or regular reviews on you or your Related Person;
 * carry out any other form of cooperation with, or reporting to, competent
   administrations, supervising authorities, law enforcement authorities and
   other public authorities [e.g. in the field of anti-money laundering and
   combating terrorism financing (AML-CTF)], for the prevention and detection of
   crime under tax law [e.g. reporting of name, address, date of birth, tax
   identification number (TIN), account number and account balance to tax
   authorities under the Common Reporting Standard (CRS) or Foreign Account Tax
   Compliance Act (FATCA) or other tax legislation to prevent tax evasion and
   fraud as applicable];
 * prevent fraud, bribery, corruption and the provision of financial and other
   services to persons subject to economic or trade sanctions on an ongoing
   basis in accordance with our AML-CTF procedures, as well as to retain AML-CTF
   and other required records for screening purposes;
 * deal with active intra-Group risk management pursuant to which risks in terms
   of markets, credit, default, processes, liquidity and image as well as
   operational and legal risks must be identified, limited and monitored;
 * record conversations with Data Subjects on a cloud-based solution (such as
   telephone and electronic communications), in particular to document and
   verify instructions, detect potential or actual frauds and other offences.

Furthermore, we may process Personal Data in connection with legitimate
interests (including those of other Group entities) we pursue so that we can:

 * assess certain characteristics of the Data Subjects on the basis of personal
   data processed automatically (profiling) (see also Section 5 below);
 * develop our Business Relationship with you;
 * improve the quality of our services and our internal business organisation
   and operations, including for risk assessment and to take risk
   management-related business decisions;
 * use this information in Pictet Group entities for market studies or
   advertising purposes, unless Data Subjects have objected to use of their
   personal data for marketing;
 * communicate personal data to other Pictet Group entities, in particular to
   guarantee an efficient and harmonised service and inform Data Subjects about
   services offered by Pictet Group entities;
 * establish, exercise and/or defend actual or potential legal claims,
   investigations or similar proceedings;
 * record images (e.g. video surveillance) for ensuring the security of
   individuals, assets, property, buildings, as well as the Pictet Group’s
   critical infrastructure and IT systems.

If our Personal Data Processes presuppose that you give your prior consent to
doing so, we will seek your consent in due time and you will have the right to
withdraw your consent at any time by contacting your relationship manager or our
Data Protection Officer (see Section 1 above).

The provision of personal data may be mandatory, e.g. with regard to our
compliance with legal and regulatory obligations to which we are subject. Please
be aware that failing to provide such information may preclude us from pursuing
a Business Relationship with, and/or from rendering our services to, you.



5) DO WE RELY ON 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 us to identify the level of risks linked to a Data
Subject or to activity on an account.

We generally do not use automated decision-making in connection with our
Business Relationship and/or Data Subjects. If we do so, however, we will 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:

 * directly from the Data Subjects, e.g. when they contact us or through
   (pre)-contractual documentation sent directly to us; and/or
 * indirectly from other external sources, including any publicly available
   sources [e.g. UN or EU sanctions lists, OFAC – Specially Designated Nationals
   (SND) lists], information available through subscription services (e.g.
   Bloomberg, World Compliance PEP list) or information provided by other third
   parties.


7) DO WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES?



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:

 * public/governmental administrations, courts, competent authorities (e.g.
   financial supervisory authorities) or financial market actors (e.g.
   third-party or central depositaries, brokers, exchanges and registers);
 * Pictet Group entities or third parties that may process Personal Data. In
   such cases, limited Personal Data may be used by the recipients independently
   for their own purposes in compliance with their applicable laws;
 * auditors or legal advisors.

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 OUR JURISDICTION OF INCORPORATION?



In the course of our Business Relationship, we may disclose, transfer and/or
store Personal Data abroad (“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; or (ii) in exceptional cases duly provided for 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 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.

Specific information for Switzerland: Pictet entities based in Switzerland
process your personal data in connection with the conclusion or performance of
contracts directly or indirectly related to our Business Relationship in data
centres located in Switzerland or the European Union. Pictet entities may
transfer your personal data to additional countries in certain circumstances,
for example if you opt for servicing by other Pictet entities (a full list of
which is available on our website at https://www.pictet.com/ch/en/offices); to
comply with your requests, such as for offshore investments or specific
mandates; to fulfil banking requirements, which may include tax reporting to
your country of domicile; or for purposes related to the execution of your
contracts. For Pictet Asset Management clients only, the first names, last names
and contact information of clients’ representatives are transferred to the
United States of America for client relationship management purposes and in the
context of organising marketing events.


9) WHAT ARE YOUR RIGHTS IN CONNECTION WITH DATA PROTECTION?



Subject to the limitations set forth in this Privacy Notice and/or in applicable
local data protection laws, you can exercise the rights below free of charge by
contacting the Data Protection Officer (see Section 1 above):

 * request access to, and receive a copy of, the Personal Data we hold;
 * request rectification or erasure of the Personal Data that are inaccurate;
 * request that Personal Data be erased when the Processing is no longer
   necessary for the Purposes, or is not or no longer lawful for other reasons,
   subject however to applicable retention periods (see Section 10 below);
 * request a restriction of Processing of Personal Data where the accuracy of
   the Personal Data is contested, the Processing is unlawful, or if the Data
   Subjects have objected to the Processing;
 * withdraw your consent at any time when the Personal Data Processing is based
   on your consent;
 * object to the Processing of Personal Data, in which case we will no longer
   process the Personal Data unless an exception applies;
 * receive the Personal Data in structured, commonly used and machine-readable
   format (data portability right);
 * obtain a copy of, or access to, the appropriate or suitable safeguards which
   we may have implemented for transferring the Personal Data abroad;
 * complain to our Data Protection Officer (see Section 1 above) about the
   Processing of Personal Data and, failing any satisfactory resolution of the
   matter, file a complaint about the Processing of Personal Data with the
   relevant data protection supervisory authority.

If a Data Subject objects to the Processing of Personal Data, we are
nevertheless allowed to continue with the Processing if it is: (i) legally
mandatory; (ii) necessary for the performance of a contract to which the Data
Subject is a party; or (iii) necessary for the purposes of the legitimate
interests we pursue, 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.


10) HOW LONG ARE YOUR PERSONAL DATA KEPT OR STORED?



In principle, we retain Personal Data for as long as we need to do so to achieve
the Purposes. 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 establishing, exercising and/or defending actual or
potential legal claims, investigations or similar proceedings, including legal
holds. We may enforce any or all of the above mentioned under points (i) and
(ii) to preserve relevant information.

 * Who we are
   * The Pictet Group
   * Pictet Group Partners
   * Corporate ratings
   * Diversity, equity and inclusion
   * Careers
   * Stories from the past
   * Collection Pictet
   * Campus Pictet de Rochemont

 * Who we serve
   * Individuals and Families
   * Financial institutions and intermediaries
   * Institutional investors

 * What we do
   * Wealth management
   * Asset management
   * Alternative investments
   * Asset services
   * Trading

 * Insights
   * Latest insights
   * Markets
   * Beyond markets

 * Responsibility
   * Responsible vision
   * Responsible investing
   * Environmental stewardship
   * Responsible employer
   * Pictet Group Foundation
   * Prix Pictet

 * Corporate information
   * Company news
   * Media relations
   * Fraud alert
   * Offices
   * Contacts


 * ©2024, Pictet Group
 * Terms of use
 * Legal documents and notes
 * Cookies policy
 * Privacy notice
 * FAQ
 * KID-Complaint procedure
 * 


©2024, Pictet Group
 * 
 * Terms of use
 * Legal documents and notes
 * Cookies policy
 * Privacy notice
 * FAQ
 * KID-Complaint procedure
 * 


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