1. Introduction
This Website Privacy Notification applies to all physical persons (“you”) who have access to this website (“Website”). In this Website Privacy Notification “we” refers to the EFG International AG (Bleicherweg 8, P.O. Box 6012, CH - 8022 Zurich, Tel. +41 44 226 18 50).
This Website does not seek to collect personal information from individuals under the age of 18. Individuals under the age of 18 should receive permission from their parent or legal guardian before providing any personal information to us.
2. Types of personal information collected and processed
The types of personal information we collect and process depends, among other factors, on how you are using this Website. If you are only using this Website for information purposes, i.e. you do not otherwise transmit information to us, we will only gather the personal information that is forwarded to our servers by your browser. In particular, we will gather the access data that we require for technical reasons to be able to display this Website and warrant the stability and security of the same. This access data includes the IP address, date and time of your visit, access status/HTTP status code, the referred URL (previously visited page), browser type and version, operating system.
In addition, we will also receive your personal information if you reach out to us using the contact form on this Website. Personal information in this context includes e.g. name, address, e-mail, telephone number, date and time of your request and content of your request.
3. Sources of personal information
We collect your personal information:
- Directly from you;
- Third parties provide about you. If you transmit personal information about third parties (e.g. your spouse, relatives etc.), you are responsible for complying with the applicable information protection provisions. This may require obtaining the consent of these third parties for the transmission of this information; and
- Automatically through relevant systems used in connection with your website consultation (e.g. location information, cookies, log data). For instance, we may collect your personal information from the device through which you access this Website.
We also use tracking technology to collect information about you. Please refer to our Cookie Policy for more information on how we use cookies and other similar tracking technologies.
4. How we use personal information
The situations in which we may process your personal information are listed below:
- To provide you with access to this Website;
- To administer technically and develop this Website;
- To carry out statistical and other analysis regarding the use of this Website;
- To process your request, if you contact us using the contact form of this Website;
- To establish a basis for future information on the products and services offered by us;
- To comply with any applicable laws and regulations;
- To comply with the request or requirement of any court of any relevant jurisdiction or any relevant authority; and
- For use in connection with any legal proceedings or regulatory action (including prospective legal proceedings/ regulatory action) and for obtaining legal advice or for establishing, exercising or defending legal rights.
5. Recipients of your personal information
We may disclose personal information in the situations described below:
- To third parties who provide services to us (e.g. IT companies, telecommunication providers);
- To our affiliates or subsidiaries, only to the extent necessary to process your request, if you contact us using the contact form of this Website;
- To any court of any relevant jurisdiction or any relevant authority;
- To public authorities, regulators or governmental bodies or other third parties, when required by law or regulation; or
- Otherwise if you consent to such disclosure.
6. Overseas transfers
We may transfer the personal information we collect about you to countries other than the country of our incorporations or the country in which the information was originally collected. Other destination countries may not have the same laws on personal information as the country in which you initially provided the information.
When we transfer your personal information to other countries, we will protect that information as described in this Website Privacy Notification and in accordance with applicable law. If necessary, we require the recipients referred to in section 5 above to comply with appropriate safeguards designed to protect personal information.
7. How to contact us
If you have a query regarding the processing of your personal information or if you would like to exercise your rights under the applicable legislation on personal information, please contact us at [email protected].
8. Changes to this Website Privacy Notification
We may revise this Website Privacy Notification from time to time. The most current version of this Notification will govern our processing of your personal information and will always be at this Website. By continuing to access and use this Website you agree to be bound by the Website Privacy Notification currently in place at the time of each visit.
9. EEA Addendum
If you are in the European Economic Area ("EEA"), the following additional EEA-specific provisions apply to our processing of your personal information.
A. Controller – EU Representative
EFG International AG (Bleicherweg 8, P.O. Box 6012, CH - 8022 Zurich, Tel. +41 44 226 18 50), is the controller of your personal information. Its EU Representative is EFG Bank (Luxembourg) S.A. (https://lu.efgbank.com/).
B. Legal basis for using your personal information
We will only use your personal information when the law allows us to. Most commonly and depending on the situation in which we will use your personal information, we will use your personal information in the following circumstances:
- Where you have given your consent (e.g. in the form of the clear affirmative action of sending us a request by using the contact form of this Website);
- Where we need to comply with a legal obligation;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (e.g. ensuring compliance with our policies and procedures); and
- Where necessary for the establishment, exercise and defense of legal claims.
C. Will my personal information be used for automated decision-making?
As a rule, we do not use fully automated decision-making (i.e. a purely automated process that would produces legal effects concerning you or significantly affecting you) in the context of your access to this Website or of your use of a form to contact us. If such processes are used in isolated cases, you will be informed separately, to the extent this is required by law.
D. Do you have an obligation to provide personal information?
In the context of this Website, you will need to provide the personal information that is required for its use for technical or IT security reasons. If you do not provide this information, you will not be able to use this Website.
In the context of contacting us by form, you are only required to provide the personal information without which your inquiry cannot be processed.
E. European Privacy Rights
Your rights in connection with personal information
Under certain circumstances and subject to applicable law, you have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Where personal information is processed by automated means and:
- where we process your personal information on the basis of your consent; or
- where such processing is necessary for entering into or performing our obligations under a contract with you,
request the transfer of your personal information to you or to another party (also known as “data portability”).
- Where we process your personal information on the basis of your consent, you may withdraw that consent at any time. If you do not give your consent or withdraw your consent this may affect our ability to provide you with services. Please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- In certain circumstances, request not to be subject to automated decision-making, including profiling.
Certain of these rights are not absolute under the applicable legislation (as sometimes there may be overriding interests that require the processing to continue, for example); nonetheless we will consider your request and respond to you.
Finally, you have the right to lodge a complaint with the supervisory authority in the jurisdiction where you live or work, or in the place where you think an issue in relation to your personal information has arisen.
F. Retention of personal information
We will retain personal information for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory, reporting or internal policy requirements. To determine the appropriate retention period for personal information, we consider the applicable legal requirements, as well as the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, as well as the time periods, during which such personal information may need to be retained as evidence in an actual or potential judicial context.
G. How to contact us
If you would like to exercise any of your rights in connection with your personal information or receive a copy of the safeguards designed to protect personal information in the case of transfer of your personal information outside the EEA or obtain further information on the retention periods of personal information, please contact us at [email protected].
10. Swiss Addendum
The additional provisions below apply to the processing of personal information which is subject to the Swiss Federal Data Protection Act.
A. Controller
EFG International AG (Bleicherweg 8, P.O. Box 6012, CH – 8022 Zurich, Tel. +41 44 226 18 50) ("EFGI"), is the controller of your personal information.
B. Overseas transfers
Your personal information may be transferred (including made accessible from) by us to the following countries:
- Countries within the EEA;
- Other countries recognized by Switzerland as providing adequate privacy protection (for a list of these countries, please see https://www.fedlex.admin.ch/eli/cc/2022/568/fr#annex_1);
- Countries where other EFG group entities / branches are established (for a complete list, see https://www.efginternational.com/ch/about/locations.html); certain service providers of EFGI might also be established in these countries; and
- Countries whose national authorities oversee the activities of EFGI.
Some of the countries referred to under (iii) and (iv) do not benefit from data protection regulations that have been recognized as being "adequate" (i.e., comparable standard) from a Swiss data protection perspective. When we transfer your personal information to such countries, we will implement appropriate safeguards in accordance with applicable law (e.g., implementation of standard contractual clauses).
In addition, please note that your personal information may be communicated to other countries in the context of (i) the execution or performance of a contract between you and EFGI or a contract executed by us with a third party in your interest or (ii) the establishment, exercise or defense of legal claims before a court or competent foreign authority.
