Legal Disclosures

ACCESS TO THE INFORMATION ON THE BANQUE HERITAGE WEBSITE

By accessing the Banque Heritage website you agree to be legally bound by these terms of use. If you do not agree to these terms fo use, do not proceed further on this website.

Access to the information contained on this website may be restricted by laws and regulations applicable to the user. Persons to whom such restrictions apply must not access the Banque Heritage website.

Local Legal Restrictions

The Banque Heritage website is not directed at any person in any jurisdiction where, by virtue of that person’s nationality, residence or otherwise, the publication or availability of the Banque Heritage website is prohibited.

No Offer

Neither the information nor any opinion expressed on this website should be construed as a solicitation, an offer or a recommendation to buy, sell or dispose of any investment, to engage in any other transaction or to provide any investment advice or service. Banque Heritage does not intend to provide investment, legal or tax advice through the Banque Heritage website and does not represent that any securities or services discussed are suitable for any investor. When making an investment decision, the investor should seek the advice of a professional financial advisor. None of the services, investments, mutual or alternative funds referred to on this website are available to, and prospectuses in respect of them will not be distributed to, persons resident in any country, state or jurisdiction where such distribution would be contradictory to local law or regulations.

Sales Restrictions

An investment in a fund of Banque Heritage should only be made after reading the relevant legal documents, such as management regulations, prospectuses, annual and semi-annual reports, all of which can be obtained free of charge from the funds’ representatives in each country where the funds are incorporated or registered.

Investment Performance

The value of investments and the income from them may go down as well as up, and investors may not get back the amount invested. Past performance of an investment is not a guarantee for future performance. Banque Heritage does not intend to provide investment advice to you or any other party. No information or material on this website is to be relied upon for the purpose of making or recommending investments or any other decision.

No Warranty

Although Banque Heritage and its data providers seek 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, Banque Heritage and its data providers make no express or implied guarantees that such information is accurate, reliable, up to date or complete. The content of this website, the information and opinions expressed herein are subject to change without notice.

Limitation of Liability

Banque Heritage and its data providers expressly disclaim any liability to the fullest extend permitted by law to any person for any reason in respect of the consequences of anything done or omitted through the use of or reliance on any or all of the contents of the Banque Heritage website. Further, Banque Heritage and its data providers accept no liability for any losses or damage arising from the use of or reliance on the information on this website, including but not limited to any loss or fall in profit or any direct or indirect damage.

External Links

The Banque Heritage website may contain hyperlinks providing access to other websites beyond the control of Banque Heritage. Banque Heritage therefore accepts no responsibility for the content of any websites thus accessed by the user.

Copyright

Banque Heritage is the owner, or copyright holder, of the entire content of this website, specifically the data, charts, graphics, photos and soundtracks. Any reproduction, representation, circulation or broadcasting of the contents of this website, in whole or in part, in any form whatsoever without the prior express consent of Banque Heritage is prohibited and therefore constitutes a breach of copyright.


DATA PROTECTION

Protection of its clients’ data is clearly of major importance to Banque Heritage Ltd and high protection standards have been set in place. This privacy notice contains general information on the type of personal data Banque Heritage SA collects, what it does with that information, and the rights given to its clients.

I. WHAT PERSONAL DATA IS COLLECTED BY BANQUE HERITAGE ?

Bank Heritage Ltd (hereinafter referred to as the “Bank”) will, depending on the product or service provide,

collect and process personal data, i.e. any information that relates to an identified or identifiable natural

person (hereinafter the “Data”) which includes:

a. personal details such as name, identification number, date of birth, national identity card or passport,

phone number(s), physical and electronic address, and family details such as the name of your spouse,

partner, or children;

b. financial information and information relating to the assets (including real estate properties), financial

statements, liabilities, revenues, earnings and investments (including investment objectives) of the

client;

c. tax domicile and other tax-related documents and information;

d. where applicable, professional information such as work experience, knowledge of, and experience

in, investment matters;

e. details of the products and services the client uses;

f. any records of phone calls with the Bank;

g. client or account number;

h. when the client accesses our Website, data transmitted by his/her browser and automatically recorded

by our server, including date and time of the access, name of the accessed file as well as the transmitted

data volume and the performance of the access, the web browser, browser language and requesting

domain, and IP address;

i. to the extent legally possible, information relating to criminal convictions or offences. In some cases,

the Bank collects this information from public registers or other third-party sources, such as wealth

screening services, credit reference agencies, fraud prevention agencies;

j. if relevant, the Bank will also collect information about card holders or additional account holders,

business partners (including other shareholders or beneficial owners), dependants or family members,

representatives, and agents. Additionally, the Bank will also collect information about directors,

employees or shareholders of institutions and companies.

II. LEGAL BASIS FOR PROCESSING DATA

Processing of Data is founded on Swiss legal and regulatory basis. In particular, the purposes of processing

Data include the following:

- to enable the Bank to enter into or executing a contract for the services or products you requested by the

client, or for carrying out the Bank’s obligations under such a contract;

- to enable the Bank to meet its legal or regulatory responsibilities;

- to enable the Bank to make the required disclosures to authorities, regulators and government bodies;

- to enable the Bank to meet its accountability and regulatory requirements.

Where the Data the Bank collects from the client is needed to meet our legal or regulatory obligations or

enter into an agreement with you, and if the Bank cannot collect this Data, there is a possibility we may be

unable to on-board the client or provide products or services.

III. PURPOSES OF PROCESSING

We always process your Data for a specific purpose and only process the Data which is relevant to achieve

that purpose. In particular, the Bank processes Data for the following purposes:

a. client on-boarding processes, including to verify identity and to conduct legal and other regulatory

compliance checks (for example, to comply with anti-money laundering regulations and prevent

fraud);

b. providing products and services and ensuring their proper execution, for instance

by ensuring that the Bank can identify the client and make payments to and from the accounts in

accordance with instructions received and the product terms;

c. managing the relationship with the client, including communicating with him/her in relation to the

products and services, handling client service-related queries and complaints, facilitating debt

recovery activities, and closing the account (in accordance with applicable law) if it remains dormant

and we are unable to contact the client after a period of time;

d. taking steps to improve our products and services and our use of technology, including testing and

upgrading of systems and processes;

e. contacting the client for direct marketing purposes about products and services ;

f. meeting our on-going regulatory and compliance obligations (e.g. laws of the financial sector, antimoney-laundering and tax laws), including in relation to recording and monitoring communications,

disclosures to tax authorities, financial service regulators and other regulatory and governmental

bodies, and investigating or preventing crime;

g. ensuring the safety of our clients, employees and other stakeholders;

h. any other purposes the Bank may notify the client from time to time.

IV. ACCESS TO DATA

1. Within Heritage’s Group

The Bank may share Data within the Bank’s Group companies in order to ensure a consistently high service

standard across our group and to provide services and products to you.

2. Access to Data by Third Parties

When providing products and services to you, the Bank may share Data with persons acting on behalf of

the client or otherwise involved in the transaction (depending on the type of product or service received),

including, where relevant, the following persons and parties:

a. companies in which you have an interest in securities where such securities are held by the bank for

you;

b. payment recipients, beneficiaries, account nominees, intermediaries and correspondent banks;

c. clearing houses and clearing or settlement systems; and specialised payment companies or institutions

such as SWIFT;

d. credit card issuers and other card payment and platform providers;

e. market counterparties;

f. swap or trade repositories;

g. stock exchanges;

h. other financial institutions, credit reference agencies or credit bureaus (for the purposes of obtaining

or providing credit references);

i. any third-party fund manager who provides asset management services to the client and any

introducing broker to whom we provide introductions or referrals;

j. any third party or their representatives seeking to protect its legal rights or such rights of others.

3. Service providers

In some instances, we also share Data with our suppliers and other business partners who provide services

to us, such as IT and hosting providers, marketing providers, communication services and printing

providers, debt collection, tracing, debt recovery, fraud prevention, credit reference agencies and others.

The Bank takes steps to ensure they meet our data security standards, so that the Data remains secured.

4. Public or regulatory authorities

If required from time to time, the Bank shall disclose Data to public authorities, regulators or governmental

bodies, including when required by law or regulation, under a code of practice or conduct, or when these

authorities or bodies require the Bank to do so.

V. INTERNATIONAL TRANSFERS OF DATA

The recipients referred to above may be located outside Switzerland. In those cases, except where the

relevant country has been determined by the Federal Data Protection Commissioner to provide an

adequate level of protection, the Bank requires such recipients to comply with appropriate measures

designed to protect Data within a binding legal agreement. The Bank implements the necessary legal,

operational and technical measures in this respect.

VI. HOW LONG DOES THE BANK STORE DATA?

In general, the Bank will retain Data for the entire period of the business relationship plus 10 years, subject

to any legal or regulatory requirement that may foresee a longer period of retention. Beyond that, the Bank

will only retain personal data for as long as necessary to fulfil the purpose for which it was collected or to

comply with legal, regulatory or internal policy requirements.

The Swiss Financial Market Supervisory Authority (“FINMA”) requires that the Bank record external and

internal telephone calls of employees engaged in securities trading and store electronic correspondence

(emails, communication via Bloomberg or Reuters, etc.) and evidence of the calls made on business

telephones by these employees for a period of two years to make this information available to FINMA on

request. This obligation also applies to employees identified by a risk-based assessment as being highly

exposed to information that might be relevant to market supervision. The Bank furthermore stores

incoming and outgoing business and private communication data, in particular emails with attachments,

chats and instant messaging, in a separate and protected archive located in Switzerland.

VII. CLIENTS’ RIGHTS

The Bank’s client has the following rights:

right to ask the Bank to rectify inaccurate, incomplete or obsolete Data;

right to request restriction of Data pending such a request being considered;

right to withdraw consent at any time;

right to ask the Bank to stop processing the Data;

right to request deletion of Data (except where major overriding interests require the processing to

continue);

right to object to direct marketing, including profiling;

right under applicable data protection laws, to request Data be transferred to the client or to another

controller;

right to ask the Bank for a copy of some or all of Data collected and processed about the client.

VIII. EXERCISING RIGHTS

The Client may exercise any of his/her rights in relation to his/her Data by writing to the following

address: dataprotection.legal@heritage.ch. Please enclose with the signed letter a copy of your passport or

identity card.

IX. SECURITY NOTE

The Bank has put in place appropriate technical and organisational measures at the earliest stages of the

software ("Data protection by design") and implemented measures to ensure that, by default, only personal

data, which are necessary for each specific purpose, are processed ("Data protection by default").

Furthermore, the Bank has in place necessary security measures to prevent unauthorised or unlawful access

to the Data. As complete data security cannot be guaranteed for communication via e-mails, instant

messaging, and similar means of communication, we recommend sending any particularly confidential

information by an alternative secure means.

X. CHANGES TO DATA

The Bank is committed to keeping the Data accurate and up to date. Therefore, if the Data change,

the Client shall inform the Bank of any change as soon as possible.

XI. ROLES AND RESPONSABILITIES

The table below shows the roles and responsibilities.

Overall Data framework - Legal Department

Data processing - IT Department

Access profiles - IT Department

Data access and consultation - Legal Department

Data technical security - IT Department

Data correction and destruction - IT Department

SPECIAL RISKS IN SECURITY TRADING

Click below to download the Swiss Bankers Association brochure.

Swiss Bankers Association brochure

THE AUTOMATIC EXCHANGE OF INFORMATION (AEI)

Please click below to download our statement regarding Automatic Exchange of Information.

Automatic Exchange of Information

BASEL III PILLAR 3 – DISCLOSURES REPORT AS OF 31.12.2018

The regulatory publication requirements, as per FINMA circular 2016/1, have been published in the 2018 annual report, as well as the complementary disclosures in relation to interest rate risk as of 30.06.2019. Both reports are available at the Bank’s headquarters. For further information please contact heritage@heritage.ch.