NBK Banque Privée (Suisse) SA

NBK Banque Privée is a provider of financial services to its clients. The bank is constantly scanning an ever more complex financial world in search of managers, products and services that are the best in class to satisfy the evolving financial needs of our clients.

Legal and regulatory information.

Please read the IMPORTANT INFORMATION below before proceeding, as it explains certain restrictions on the distribution of information available on this website (hereinafter the “website” and/or the “site”).

No offer

The information on this website is a marketing communication. The content of this website is purely informative, and is not aimed at promoting the services of NBK Banque Privée (Suisse) SA. It is intended to widen awareness of the bank’s reputation. No information appearing on this website shall be deemed as an offer for services or products, in particular bank products, from NBK Banque Privée (Suisse) SA or NBK Group, nor as an offer or the solicitation for a purchase or sale of securities or of any other investment product. The bank does not offer any online services or benefits on this site. Nothing on this site shall be deemed as a public call nor selling, whatever its form, qualification or denomination nor shall it be construed as a proactive behaviour from NBK Banque Privée (Suisse) SA towards third-parties.

Restrictions arising from different national laws and regulations

Products and services described on this site which cannot be accessed through the site may be subject to restrictions for some persons or in some countries. It is incumbent upon interested persons to take all appropriate steps to ensure that they do not solicit NBK Banque Privée (Suisse) SA for products and services which, due to the laws of their native country, or of any other country they may be concerned with, may be forbidden or require special authorisation for such persons or for the bank. It is the responsibility of readers of this disclaimer to ascertain that access to this site is authorised from the country from which he/she is connecting. In particular, the services provided by NBK Banque Privée (Suisse) SA are not available in the United States or to persons resident in the US or persons who would otherwise be deemed US persons under the US securities laws.

No reliance and no warranty

Although NBK Banque Privée (Suisse) SA seeks to ensure that the information on this website is accurate and complete at the time of publication and has been obtained from sources believed to be reliable, no warranty expressed or implied is made to its accuracy, reliability, actuality and completeness by NBK Banque Privée (Suisse) SA. Opinions and any other contents on the site are subject to change without notice.

Third-party websites

In the event of third-party websites which contain a link to this website or which are referred to with a link on this website, it is to be noted that these are completely beyond the control or influence of NBK Banque Privée (Suisse) SA, for which reason NBK Banque Privée (Suisse) SA can assume no responsibility whatsoever for the accuracy, completeness and legality of the contents of these websites as well as for any offers and services contained therein. The explicit written consent of NBK Banque Privée (Suisse) SA is to be obtained in advance for links which lead to this website from a third-party website.

Cookies

In order to improve our customer service offering, this website collects technical data about users of the website, such as IP address, provenance, length of use, times of use, number of page views, and type of browser or digital tool used.

Cookies are text files that are stored by the website’s server on your computer, smartphone or any other internet-optimized device whenever you visit our website. They are generated by your web browser and have the following functions:

• memorizing our users’ preferences and settings with the aim of making browsing easier.
• counting the number of visits and page views and measuring user activity on this website. This statistical function allows us to adapt the website to the expectations of users.

You can choose to accept the storing of cookies on your device, but you may also change your mind at any time by changing your browser settings.

By visiting this website, you accept that we collect such information and process it for the purposes outlined above. We reserve the right to amend this policy at any moment.

Limitation of liability

NBK Banque Privée (Suisse) SA expressly disclaims all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents on the NBK Banque Privée (Suisse) SA's website. Moreover, NBK Banque Privée (Suisse) SA, and all its subsidiaries, if any, and their directors, employees, agents and partners, shall have no liability for any losses or damage arising from the use of or reliance on the information contained on the site, including, without limitation, any loss of profit or any other direct or indirect damage.

NBK Banque Privée (Suisse) SA does not give tax or legal advice; prospective investors should seek advice from their own tax advisers and/or lawyers before entering into any investment.

Forward-looking statements

This website may contain statements that constitute "forward-looking statements". While these forward-looking statements may represent NBK Banque Privée (Suisse) SA’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from NBK Banque Privée (Suisse) SA’s expectations. NBK Banque Privée (Suisse) SA is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of new information, future events, or otherwise.

Amendments to the information

NBK Banque Privée (Suisse) SA reserves the right to amend the information provided on the website at any time, in whichever way it sees fit, without prior notice. 

Copyright and reproduction notice

The entire content of this website is subject to copyright with all rights reserved.

Applicable law

Use of the website shall be subject to Swiss law, which shall exclusively govern the interpretation, application, and effect of all the conditions of use set out above. The courts of Geneva shall have exclusive jurisdiction over all claims or disputes arising out of or in connection with the website and its use.

Conflict with additional terms

Certain web pages or areas on this website may contain additional terms, conditions, disclosures and disclaimers (together “Additional Terms”). In the event of a conflict between this website page and the Additional Terms, the Additional Terms will govern for those web pages or areas.

Severability

To the extent that any term of this disclaimer is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that term shall be deemed not to be part of this disclaimer but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these terms in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these terms in any other jurisdiction.

Our information

NBK Banque Privée (Suisse) SA is a bank registered in Switzerland and regulated by the Swiss Financial Market Supervisory Authority FINMA with registered place of business at 5 Rue de la Corraterie, 1204 Geneva, Switzerland.

This privacy notice ("Privacy Notice") informs our customers and business partners (or persons acting on behalf of our customers and business partners), website visitors, job applicants, newsletter subscribers and event participants ("you") about how NBK Private Bank (Switzerland) Ltd  (the "Bank", or "we", or "us") treats personal data ("Data") in accordance with the provisions of the Swiss Federal Act on Data Protection ("FADP") and the EU General Data Protection Regulation ("GDPR"), as applicable, when receiving information about any of our banking or other services, or about our products (together, the "Services"), entering into a contractual relationship with us, communicating with us, applying for a job vacancy, subscribing to our newsletters, registering for and participating in events or in any of the other situations set out in Section 3 below. Within the scope of the FADP, references in this Privacy Notice to the GDPR shall be understood as references to the corresponding provisions in the FADP.

1. Controller and Contact Details

Controller is NBK Private Bank (Switzerland) Ltd rue de la Corraterie 5, 1204 Geneva, Switzerland (email address: data-protection@nbkwealth.ch).

2. Obligation to Provide Data and Your Sharing of Third-Party Data

You are in general under no obligation to provide us with any Data. However, if you do not provide the required information regarding certain use cases set out in Section 3, we may not be able to process your corresponding request, get in contact with you, provide the Services to you or perform our contractual obligations.

If you share with us Data regarding any other individual (e.g. regarding your employer/employees, relatives, family members, colleagues, business partners, ultimate beneficial owners, etc.), we assume that this Data is correct. By sharing such Data with us, you confirm that you are authorized to do so and that you have informed the affected individuals about this Privacy Notice and our processing of their Data.

3. Processed Data, Purpose and Legal Basis

   1. Legal Basis 

We may process various categories of Data, depending on the circumstances, as set out hereinafter. To the extent required under the GDPR, our processing is generally based on:

1. the need for performance of our contract with you or for processing your request for a contract (GDPR 6.1.b; e.g. in relation to Services);

2. the need for compliance with legal obligations to which we are subject (GDPR 6.1.c; e.g. to comply with statutory requirements, directives and recommendations from authorities);

3. legitimate interests in fulfilling the purposes mentioned below (GDPR 6.1.f; e.g. for security and access control purposes, as well as to comply with internal regulations, including such purposes as compliance, risk management, corporate governance and business organization); and/or

4. as otherwise specified hereinafter. 

2. Processed Data

The categories of Data we process will depend on the nature the Services we provide to you, or the reasons for which you are in touch with us, and could include: 

• Full name and personal details, including a copy of your national identity card or passport, as well as your contact information (e.g. home and business address, address history, email address, home, business and mobile phone numbers);

• Date of birth, nationality, gender and/or age; 

• Financial details (e.g. salary and details of other income, taxes, liabilities and details of accounts held with other providers); 

• Data on your knowledge and experience in investment matters; 

• Your tax residence and other tax-related documents and information; 

• Records of products and services you have received, applied for or expressed an interest for; 

• When using certain services, such as our e-banking or mobile applications, the relevant technology used to access or manage them (e.g. IP address or internet browser); 

• Information falling in the public domain, such as court records of debt judgements and bankruptcies, or information made available by fraud prevention agencies; 

• Information about your family members or social circumstances, if relevant to the Service(s) provided; 

• Education and employment details/employment status, if relevant to the Service(s) provided; 

• Personal data about other named applicants; and

• Contact details and information about your business. 

3. Purpose 

   1. To perform our Services

We will process your Data as necessary to fulfill our obligations in relation to the Services provided, in particular: 

• To take steps at your request prior to providing a Service; 

• To decide whether or not to provide a Service; 

• To manage and perform a contract; 

• To keep your records updated; 

• To trace your whereabouts to contact you about your Service; and 

• When you request that we disclose your Data to third parties, such as a company handling a claim on your behalf, or otherwise agree to disclosures.

2. For legitimate interests

We will process your Data as necessary for our own legitimate interests or those of other individuals and organizations, including those of other Group entities in particular: 

• For good governance, accounting, managing and auditing our business operations; 

• To monitor emails, calls, other communications, and activities on your account; 

• Establish, exercise and/or defend actual or potential legal claims, investigations or similar proceedings;

• Communicate personal data to other NBK Private Group entities, in particular to guarantee an efficient and harmonized service and inform Data Subjects about services offered by NBK Private Bank (Switzerland) Ltd Group entities;

• Record images ( e.g. video surveillance) for ensuring the security of individuals, assets, property, building as well as the NBK Private Bank ( Switzerland) Ltd’s critical infrastructure and IT systems and

• To send you marketing communications about our Services. 

3. To comply with a legal obligation

We will process your Data as necessary to comply with a legal obligation, in particular: 

• For compliance with legal and regulatory requirements and related disclosures; 

• When you exercise rights under applicable data protection legislation and submit requests; 

• For the establishment of facts and defense of legal rights; 

• For activities relating to the prevention, detection and investigation of crime; and

• To verify your identity, and carry out credit, fraud prevention and anti-money laundering checks. 

4. Disclosure and Transfer of Data

We may disclose your Data to recipients as set out in Section 4.1, which may include cross-border data transfers as further described in Section 4.2.

1. Categories of Recipients

We may make your Data available to the following recipients (in compliance with the applicable legal requirements):

1. our group companies;

2. external service providers (e.g. IT services providers, business information providers, regulatory and compliance support services providers, marketing and newsletter service providers, design providers, FCMs, etc.);

3. contractual partners (to the extent the disclosure results from such contracts);

4. competent authorities, including tax authorities and courts (in Switzerland and abroad, if we are legally obliged or entitled to such disclosure, or if it appears necessary to protect our interests);

5. legal and professional advisors, including accountants and auditors;

6. transaction partners and advisors (e.g. in relation to mergers, acquisitions or other business transactions involving us or our group companies).

2. Cross-Border Transfer of Data

We may transfer your Data to countries within the EEA or to the UK and to the following countries outside of Switzerland or the EEA/UK, provided that (a) such countries provide for an adequate level of data protection according to the assessment of the competent authority, (b) we ensure an adequate level of data protection based on appropriate safeguards, such as the EU Standard Contractual Clauses adapted to Swiss law to the extent required, or (c) it is relied on a statutory exemption (e.g. if you have given your consent to the transfer, or if the transfer is directly connected with the conclusion or performance of a contract with you).

5. Storage Periods and Erasure

We process and retain Data for as long as our processing purposes, the legal retention periods and our legitimate interests regarding documentation require it or for reasons of limited technical feasibility. Except in case of contrary legal or contractual obligations, we will erase or anonymize your Data once the storage or processing period has expired. 

6. Your Rights as Affected Data Subject

You have the right to request information about your Data we process and further rights regarding such data processing. In particular, you have – or may have, depending on the circumstances – the right to:

1. Information, i.e. to ask us whether we are processing Data about you, and if so, to provide you with further information related thereto.

2. Correction, i.e. to ask us to correct or complement your Data if it is incorrect or incomplete.

3. Deletion, i.e. to delete your Data (to the extent we are not under a legal obligation or have an overriding legitimate interest to retain such Data).

4. Object, i.e. right to object to the processing of your Data based on our legitimate interest by explaining your particular reasons and specific circumstances on which your objection is based. 

5. Restrict processing, i.e. to ask us to temporarily restrict our processing of your Data.

6. Data portability, i.e. to ask us to provide you in electronic form (to the extent technically feasible) the Data you have provided to us.

7. Withdraw your consent, i.e. to withdraw your consent if and to the extent you have previously given your consent to any specific purpose of processing of your Data. This will not affect the lawfulness of any processing carried out before you have withdrawn your consent (or any processing based on any legal basis other than your consent) and it may mean that we will no longer be able to provide our Services to you.

In case you wish to exercise any of these rights, please contact us as specified in Section 1. Before responding to your request, we may ask for proof of identity. This helps us to ensure that your Data is not disclosed to any unauthorized person.

7. Data Security

We have put appropriate technical and organizational security policies and procedures in place to protect your Data from loss, misuse, alteration or destruction. We limit access to personal data in general.

8. Complaints / Regulatory Authority

If you believe that our processing of your Data contradicts the applicable data protection laws, you have the possibility to lodge a complaint with the appropriate data protection authority.

The data protection authority for NBK Private Bank (Switzerland) Ltd is the Swiss Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, 3003 Berne, Switzerland (https://www.edoeb.admin.ch).

9. Changes to this Privacy Notice

This Privacy Notice does not form part of any contract with you, and we may amend it at any time. The version published on our website is the version that currently applies. This Privacy Notice does not replace, and remains subject to, our applicable contractual General Conditions.