1. Definitions and purposes of data processing
To meet its marketing needs and enhance its service offerings, Banque Piguet Galland & Cie SA (hereinafter also referred to as "the Bank" or "We") processes personal data about you ("Data") as the data controller. The term "Service" hereinafter refers to a newsletter system.
The term "User" denotes an individual who does not have a banking relationship with Piguet Galland & Cie SA.
The term "Client" refers to an individual who has a banking relationship with Piguet Galland & Cie SA.
The term "You" refers to, depending on the context, the User and/or the Client.
2. Collected data
In the above-mentioned context, only the following Data are collected by the Bank:
- personal identification information (such as name, date of birth, address, gender, or nationality) and contact information (such as telephone, home address or e-mail address) and family information (such as marital status);
- navigation information;
- information relating to the existence of the mandate linking you to the Bank for Piguet Galland customers.
You understand and agree that any other personal data or sensitive personal data that you voluntarily or mistakenly enter into free text fields will be processed in the same manner as the required Data.
3. International Data Transfers
By using our Service, you consent to the collection, transfer, and processing of your Data abroad, as well as to receiving marketing messages from the Bank. Regarding the latter, you have the option to unsubscribe at any time; for this purpose, you simply need to click on the "unsubscribe" button located at the bottom of one of the emails received.
In the context of providing the Service, we utilize the services of HubSpot Germany GmbH, whose parent company, HubSpot, Inc., is located in the United States of America (hereinafter also referred to as "USA"), and which outsources a number of operations to its own subcontractors. An updated list including the name and location of these subcontractors is available here.
Your Data may thus be processed in the following territories: Germany, Ireland, USA, Australia, Singapore, Japan, Colombia, Sweden, France, United Kingdom, Belgium, Canada, Spain, Netherlands. Within this list, the following countries are not subject to data protection legislation ensuring an adequate level of protection and guaranteeing the exercise of rights in the sense of Art. 16 para. 1 of the Federal Act on Data Protection (FADP; SR 235.1) and Art. 8 of the Ordinance on Data Protection (ODP; SR 235.11): the USA, Australia, Singapore, Japan, and Colombia.
We believe that your consent is necessary (Art. 16 para. 1 let a FADP), since, despite all the precautions and reasonable measures we have put in place, the following infringements could still occur due to the transfer of your Data to the aforementioned destinations:
- possibility of access to your Data by local authorities;
- possibility of extraterritorial access to your Data by foreign authorities (e.g. under the US CLOUD Act);
- absence of sufficient control and/or sanction mechanisms in the event of breach of the contract between the Bank and HubSpot, Inc. or of the relevant foreign legislation; and
- the impossibility for the Bank or HubSpot to defend itself by legal means against an infringement of the law.
The HubSpot Data Processing Agreement can be viewed by clicking here.
4. Banking confidentiality
a) UsersIf you are a User, you understand and agree that the Bank considers that bank secrecy in the sense of Art. 47 of the Federal Act on Banks and Savings Banks (BA; SR 952.0) does not apply to these Data, the latter cannot be qualified as banking data within the meaning of the aforementioned law.
b) ClientsIf you are a Client, banking secrecy in the sense of Art. 47 of the Federal Act on Banks and Savings Banks (BA) applies to a portion of these Data, namely the information relating to the existence of the mandate linking you to the Bank, the latter being qualified as banking data within the meaning of the aforementioned law.
Therefore, your informed consent is necessary to communicate to a third party – here HubSpot, Inc. – the existence of a client relationship in compliance with Art. 47 LB.
5. Online events
For online events, the Bank uses the GoTo Webinar service provided by LogMeIn, Inc., an external company. The service is neither hosted nor managed by the Bank. LogMeln’s “Privacy Policy” applies. We encourage you to read the following information carefully before using the service: GoTo Trust & Privacy Center. Please note that personal data provided will be stored on the LogMeln server and could be transferred to LogMeln associate companies anywhere in the world or to third parties for processing or storage purposes, and that this could result in a loss of privacy. In particular, LogMeln or third parties could have access to your data and conclude, for example, that there has been contact between you and the Bank. The Bank therefore disclaims all liability regarding the processing of data by LogMeln.