By accessing the Banque Heritage website, by consulting it and using its content, you agree to be legally bound by these terms of use. If you do not agree to these terms of use, do not proceed further on this website.
Access to and use of 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.
These terms of use may be modified by Banque Heritage at any time and without prior notice. We therefore invite you to read them regularly.
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 or limited or in which the publication, access, consultation and/or use of data such as that appearing on this site constitutes a violation of applicable laws and regulations. You are requested to find out about the legislation applicable in your country before accessing, consulting and using this site.
NO OFFER
The information on this website is a marketing communication and is for information purposes only. Neither the information nor any opinion expressed on this website shall be construed as a solicitation, an offer or a recommendation to buy, sell or dispose of any financial instrument, to engage in any other transaction or to provide a financial service. The information and the opinions do not take into account the personal situation, investment objectives or knowledge, needs or classification of any individual investor.
Banque Heritage does not intend to provide investment, legal or tax advice through the Banque Heritage website and does not guarantee that any financial instruments or services discussed are appropriate or suitable for any investor. When making an investment decision, the investor should seek the advice of a professional financial advisor. None of the services, financial instruments, mutual or alternative funds referred to on this website are available to persons resident in any country, state or jurisdiction where such distribution would be contradictory to local law or regulations. Prospectuses and related information documents shall not be distributed to such persons. The general risks associated with financial services and instruments are explained in the Swiss Bankers Association's brochure “Risks Involved in Trading in Financial Instruments” [www.swissbanking.ch]. Specific risks related to the financial instruments mentioned in this website are described in the prospectuses and basic information sheets (KID), which are available free of charge from Banque Heritage.
Any investment decision should be based on a prior study of the offer documentation and, in particular, of the prospectus and the applicable basic information sheet, if any.
SALES RESTRICTIONS
An investment in a fund of Banque Heritage shall 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 generated from them may go down as well as up, and investors may lose all or part of their invested capital. 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 GUARANTEES
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 contents of this website, the information and opinions expressed herein are subject to change at any time and without notice.
LIMITATION OF LIABILITY
Banque Heritage and its data providers expressly disclaim any liability to the fullest extent 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. Furthermore, 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. Under no circumstances does the content of this site create a legal relationship between Banque Heritage and the user.
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 accessed by the user via such links.
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. The downloading or copying of any material or software from this site does not confer any rights on the downloaded or copied elements.
UNITED STATES OF AMERICA
None of the investment funds mentioned on this website are or will be registered under the United States Securities Act of 1933, as amended. Similarly, the investment funds mentioned on this website are not and will not be registered under the United States Investment Company Act of 1940, as amended. Accordingly, the aforementioned investment funds shall not be offered or distributed under any circumstances: (i) in the United States of America, in any of its states or in any other political subdivision of the United States of America, or (ii) to or for the account or benefit of any U.S. Person (as defined in Regulation S of the United States Securities Act of 1933).
Protection of its clients’ data is clearly of major importance to Banque Heritage SA, and high protection standards have been set in place. This notice contains general information on the type of personal data Banque Heritage collects, on its processing, and on your rights.
Within the framework of business relationships with our existing clients and/or relationships with potential clients, Banque Heritage collects and processes personal and financial data concerning you, in order to be able to offer and provide you with products or financial services, or to respond to your inquiries.
Personal data is also collected through the use of the Bank's website, as well as outside the framework of contractual relations due to legal or regulatory requirements.
By continuing on this site or by establishing a business relationship with our Bank, you expressly accept our data processing and privacy policy.
I. WHAT PERSONAL DATA IS COLLECTED BY BANQUE HERITAGE?
To meet the needs of its business, depending on the financial product and/or service concerned, Banque Heritage SA collects, uses, stores and/or transfers personal data, namely any information concerning you but also data relating to cardholders, your possible joint account holders, your business partners (including other shareholders or beneficial owners), members of your family, your representatives and agents and, if applicable, directors, employees or shareholders of institutions and companies (hereinafter: the “Data”), i.e.:
a. personal details such as name, tax identification number, date of birth, national identity card or passport, telephone 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, financial circumstances, liabilities, revenues, earnings and investments (including investment objectives), payment and transaction records, taxes;
c. tax domicile and other tax-related documents and information (in particular TIN, tax number, tax address);
d. where applicable, professional information such as professional activity and experience, investment knowledge and experience, curriculum vitae, data on the background of transactions concerning you, the origin of your assets;
e. details of the products and services the client uses;
f. any records of telephone calls with the Bank or other information related to interactions with you (visits, contact forms, connections to Bank applications). We also specify that during your visits to our bank, our premises are under video surveillance for security purposes;
g. information related to your use of Heritage Mobile applications, such as user name, device type, OS version, device language, application version, last connection, connection details, application service(s) called, IP address and location;
h. client or account number and any other identifier;
i. 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, requesting domain and IP address;
j. 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;
k. in some cases, to the extent permitted by law, special categories of personal data, such as biometric information, your political opinions or affiliations, health data, racial or ethnic origin, religious or philosophical beliefs, data relating to your habits or preferences;
l. in the event of an application for one of our job offers, your personal data, such as your surname, first name, email, home address, telephone number, current employer, curriculum vitae, is used to contact you and check the suitability of your application for the profile sought and our recruitment criteria.
II. SOURCES USED TO COLLECT DATA
The Bank processes personal data that we obtain from our clients in the context of our business relationships. The Bank may also obtain Data from sources accessible to the public (e.g. debt registers, trade and association registers, press, internet) or third parties (e.g. credit reference agencies, professional databases, public authorities, providers of information, investigation or report services, recruitment firms, etc.).
III. LEGAL GROUNDS AND PURPOSE OF THE PROCESSING
Data processing is carried out in accordance with Swiss data protection law and regulations.
The processing of data by the Bank is based on the proper performance of the services it must provide in the context of the performance of its contractual obligations, on compliance with its legal obligations or regulatory requirements, as well as on the legitimate interests of the Bank.
Banque Heritage therefore collects and processes your personal data, insofar as it is necessary, for the following legal reasons and purposes, in particular:
a) for the performance of contractual obligations:
- to conclude or perform a contract to which you are a party and to fulfil our obligations under such a contract or to carry out pre-contractual measures in the event of a request;
- to provide financial and banking products and services to you and ensure their proper execution; for example to ensure that the Bank can carry out diligent identification and make payments to and from the accounts in accordance with the instructions and conditions of the product;
- to allow us to establish, register, manage and terminate the client business relationship we have with you, including communicating with you or any legitimate third party about products and services, responding to questions and complaints relating to the service to clients, facilitate debt collection activities, locate you and close the account (in accordance with applicable law) if it remains inactive and we are unable to contact the client after a period of time.
b) due to legal obligations to which Banque Heritage is subject or in the public interest:
- to, when entering into a relationship and during it, verify the identity and carry out legal checks and other regulatory compliance checks, in particular to enable us to comply with anti-money laundering regulations and prevent fraud;
- to enable us to fulfil our legal or regulatory obligations, in particular those resulting from Swiss banking law, anti-money laundering legislation, FINMA ordinances and circulars, tax legislation, legislation relating to the financial sector and financial instruments, international sanctions, or in the public interest;
- to enable us to respond to requests, communicate or cooperate with the competent public authorities and administrations, such as in particular financial services regulatory bodies, criminal, tax, judicial or supervisory authorities and with other regulatory or governmental bodies;
- to meet accountability and regulatory requirements.
c) in the context of balancing the interests of Banque Heritage or of a third party and other purposes
- to ensure compliance with legal obligations defined by national and/or international law and national regulations issued by the competent national supervisory authorities, insofar as they are not already covered under letter b);
- to contact you for marketing and advertising purposes on products, services and events which we believe may be of interest to you, provided that you have not objected;
- to ensure compliance with our internal directives, to prevent fraud and any other unlawful act, to manage and control our risks, to guarantee prudent business management, to guarantee the security and operation of our IT environment;
- to guarantee our legitimate interests (e.g. to establish, exercise or defend our rights in the event of litigation);
- to analyse and monitor the use, user behaviour and navigation during the use of electronic services;
- to take steps to improve our products and services and use of technology, including testing and upgrading systems and processes;
- to ensure the security of buildings, of systems (access controls), of our clients, employees and other stakeholders.
d) as a result of your consent
- In certain limited cases, in particular when required by law, we process your Data with your explicit consent, for example when processing biometric data. Withdrawal of consent does not affect the legality of the processing of Data that took place prior to such withdrawal. Please note that we may process your personal data without your knowledge or consent, in accordance with the aforementioned rules, where the law requires or authorises us to do so.
e) for any other purposes the Bank may notify the client from time to time.
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.
IV. ACCESS AND COMMUNICATION TO THIRD PARTIES OF YOUR DATA
1. Within the Banque Heritage Group
The Bank may share Data within the Bank’s Group companies in order to ensure a consistently high standard of service across our group and to provide services and products.
2. Third Parties
As part of the performance of our services and the supply of products, and due to legal, regulatory or contractual obligations, the Bank may have to transmit your Data to persons acting on behalf of the client or to third parties involved in the transaction or the provision of the service (in particular when the bank provides you with products and services) such as:
a. payment recipients, beneficiaries, account nominees, intermediaries and correspondent banks, banks participating in the transaction (including custodian banks and sub-custodians);
b. clearing houses and clearing or settlement systems as well as specialised payment companies or institutions such as SWIFT;
c. credit card issuers and other card payment and platform providers;
d. market counterparties;
e. swap or trade repositories;
f. trading platforms, brokers, stock exchanges, system operators, transfer registration, clearing, stock exchange processing and notification services, local market or supervisory authorities;
g. other financial institutions, credit reference agencies or credit bureaus (for the purposes of obtaining or providing credit references), fraud prevention agencies, trade associations, economic intelligence firms and debt collection agencies;
h. any third-party fund manager who provides asset management services and any introducing broker to whom the Bank provides introductions or referrals;
i. securities issuers, companies, fund and private equity administrators;
j. any third party or their representatives seeking to protect their legal rights or such rights of others.
k. companies in which you have an interest in securities where such securities are held by the Bank for the client;
l. lawyers, auditors, chartered accountants, brokers and insurers who provide the Bank with an advisory, auditing, accounting or insurance service
3. Service providers and third-party providers
As part of the delegation or outsourcing of some of our services, we also share Data with our suppliers and third-party providers (including their subcontractors), such as IT and hosting service providers, logistics, mail, email, printing, storage, cloud, marketing, communication (e.g. “chat” “video conferencing”), software and application service providers, market data service providers, debt collection, fraud prevention and credit reference agencies, etc. The Bank takes the appropriate technical and organisational security measures to ensure that the Data remains secure.
4. Public or regulatory authorities
If required from time to time, the Bank shall disclose Data to public authorities, regulatory or governmental bodies, judicial or administrative authorities, both national and foreign, 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 mentioned above may be located outside of Switzerland, in countries that offer an adequate level of data protection according to the list provided by the Federal Council in Annex 1 of the Data Protection Ordinance. The Bank may transfer the Data to a country not listed when (i) the transfer is necessary for the execution of contracts we have with you (for example, securities payments) or with one of our co-contractors in your interest, (ii) if required by law (for example, tax reporting obligations), (iii) subject to the recipient's signature of standard contractual clauses for data protection, approved, established, or recognized by the Federal Data Protection Commissioner, or (iv) when you have expressly given your consent. You can obtain more information about Data transfers carried out by the Bank and the safeguards implemented in this context (if applicable) by contacting us at the following email address: dataprotection.legal@heritage.ch
List of countries to which your Data may be transferred
Below is the list of countries to which your Data may be transferred by the Bank in the course of its usual business activities, depending on the services and/or products you use:
Countries marked with an asterisk (*) are countries whose data protection regulations have not been recognized as "adequate" (i.e., comparable standard) from the perspective of Swiss data protection law. When we transfer your personal information to these countries, we implement appropriate safeguards in accordance with applicable law, as described on this page, for example, by implementing standard data protection clauses recognized by the Swiss data protection authority.
Furthermore, please note that your Data may be disclosed to other countries based on the instructions given to the Bank by the account holder (or an authorized representative) or if necessary for specific needs arising from the services you request from the Bank. For example, in the context of a payment instruction in a currency other than CHF, the Bank must disclose Data about the ordering party to the corresponding bank located outside of Switzerland. Similarly, certain Data related to the investor may need to be disclosed outside Switzerland in the context of investments in certain collective capital investments.
VI. HOW LONG DOES THE BANK STORE DATA FOR?
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, contractual or internal policy requirements. 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.
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. YOUR RIGHTS
You have the following rights regarding your personal data processed by the Bank, within the limits and under the conditions of the regulations and legislation in force:
These rights are not absolute. They can only be exercised within the limits and conditions of the applicable regulations and legislation. Therefore, they may be suspended or limited if the interests, rights or freedoms of third parties prevail, or when the purpose of data processing is to enable the Bank to assert, exercise or protect its own rights and claims. Furthermore, the Bank is entitled to suspend or limit the aforementioned rights if the data processing takes place within the scope of its activity as prescribed by law or regulation. Please note that in the event of the exercise of certain aforementioned rights, in particular opposition or limitation of data processing, the Bank would then no longer be able to provide you with certain financial or banking products or services, or even to continue a business relationship.
VIII. EXERCISING RIGHTS
The Client may exercise any of his/her rights in relation to his/her Data by writing to the following postal address:
Banque Heritage SA
Legal Department
61 route de Chêne
P.O. Box 6600
1211 Geneva 6 Switzerland
Switzerland
or by email at the following address: dataprotection.legal@heritage.ch.
Please enclose with the signed letter a copy of your passport or identity card.
IX. DATA PROFILING
In some cases, the Bank processes your data automatically in order to assess personal aspects concerning you (profiling), for example in the following cases:
X. 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 that is necessary for each specific purpose is processed (“Data protection by default”). Furthermore, the Bank has put in place the 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.
XI. CHANGES TO DATA
The Bank is committed to keeping the Data accurate and up to date. Therefore, if the Data changes, the Client shall inform the Bank as soon as possible and provide it with all the necessary documentation.
We care about your personal data as defined by the relevant Swiss legislation, and about your privacy rights and privileges. To help us provide a pleasant website visiting experience and to enhance the content provided over time on this website, we gather information on your visit by using cookies and third party analysis thereof. You have the opportunity to control the extent of data we collect and the way we are allowed to use it in your preference settings.
I. WHAT IS A COOKIE ?
A cookie is a small, often coded, text file that is placed on your computer or device the first time you visit a website. The data stored in the cookie are then sent back to the website each time you subsequently visit it. Cookies make web browsing easier because they allow a website to recognize a particular computer or device. Any method of storage used by the browser, such as local storage, session storage or any other local browser database, is considered to be a “cookie” within the meaning of this definition.
II. WHAT TYPES OF DATA ARE COLLECTED?
When you use this Site, the following data and information may be recorded and used for the aforementioned purposes: browser type, number of pages viewed, path taken to navigate the site, time spent on a page or on the Site, language preferences, referring site, date and time of each request made to the Site, and your IP address. Some cookies are essential for the navigation and security of the website and may be collected using analysis tools.
Banque Heritage collects this information only to the extent that it is necessary or appropriate to provide the functionality desired through the Site, for example to provide online products and/or services.
III. WHAT, HOW AND WHY DO WE USE COOKIES FOR?
The main reasons are as follows
- to facilitate the smooth operation of the Site and enable you to navigate our website more easily and efficiently
- to allow you to define your connection preferences (for example, language) and to subscribe to online products and services
- enable us to collect statistical data and information and to monitor traffic and usage volumes of the various elements of our website.
- place cookies from third party services that allow the user to interact with other social networks. Heritage Bank has no control over third-party cookies.
Some cookies are retained by your browser only during your visit to the Site, while others remain on the Site for a longer period, which may or may not be fixed.
IV. WHAT COOKIES DO WE USE AND HOW ARE THEY SET ?
In principle, cookies are recorded on a terminal only with the consent of the terminal user. There are several ways to manage cookies: the user may at any time choose to modify their cookie preferences via their browser settings and, or, for our website, by means of the tools described under “customised settings”. Generally, if you decide to block all of the cookies using your internet browser, you will still be able to visit our website but you will no longer be able to benefit from a number of its features. The cookies we use on our site can be set by you. More detailed information is given below regarding each type of cookie (data collected, purpose of the cookies and how long the data is stored) and you can choose to accept or decline their use.
a. Technical cookies
Technical cookies are vital to the functioning of the website. These cookies enable you to browse our site and make use of its features. Their settings therefore cannot be changed. Cookies are stored for a maximum of 14 months.
b. Analytical cookies
These cookies gather information on how visitors use the website (e.g. number of visits, most popular pages, most-viewed content). They enable us to find out how our website is used, how it performs, and to collect statistics and monitor traffic volumes in order to make our services more attractive and user-friendly. Cookies are stored for a maximum of 14 months. These cookies are for internal use only.
V. RENEWING CONSENT
When you consent to the use of cookies, your consent is valid for a maximum of 14 months, after which you will be asked to renew it. A renewal request may also be triggered if you connect from a different terminal or modify your browser settings or when a new version of the website is released.
VI. CONTACT
If you have any questions about this Cookie Policy, please contact BANQUE HERITAGE at the following address:
Banque Heritage SA
Legal Department
61 route de Chêne
P.O. Box 6600
1211 Geneva 6 Switzerland
Switzerland
or by email to the following address: dataprotection.legal@heritage.ch
This cookie policy notice was updated in August 2023 and the Bank reserves the right to amend it at any time at its sole discretion. Any changes or updates will be posted on the Banque Heritage website.
Swiss Financial Market
Supervisory Authority FINMA
Laupenstrasse 27
CH-3003 Bern
Phone: +41 31 327 91 00
Fax: +41 31 327 91 01
E-mail: info@finma.ch
The Federal Act on Financial Services Act (FinSA) entered into force on 1 January 2020. Its main objective is to strengthen the protection of investors through increased information and documentation requirements relating to the provision of financial services, namely the purchase or sale of financial instruments, the receipt and transmission of orders relating to financial instruments, asset management, investment advice, the granting of credit to carry out transactions on financial instruments.
Click here to read the Swiss Banking Association's brochure on Risks in Trading Financial Instruments
Information from the SBA regarding the disclosure of client data and other information in international payment transactions and investments in foreign securities: SBA Information regarding Disclosure of Client Data
Deposit insurance protects the credit balances of private and corporate clients in the event of a bank or securities firm’s bankruptcy. This guarantee is regulated by law.
The protection is limited to a maximum of CHF 100 000 per client and institution. Multiple accounts are added together.
esisuisse guarantees that it will cover protected deposits as part of the self-regulation of Swiss banks and securities firms.
Deposits at Banque Heritage SA are covered by the deposit insurance scheme.
Detailed information at https://www.esisuisse.ch/en
Client Information Deposit Protection Update per January 2023
On 15 July 2014, the OECD council approved the Common Reporting Standard (CRS) for Automatic Exchange of Financial Account Information, which calls on jurisdictions to obtain information from their financial institutions and automatically exchange that information with other jurisdictions on an annual basis.
For more information about the automatic exchange of information, please visit the Organisation for Economic Co-operation and Development (OECD) website:
In Switzerland the Federal Act on the Automatic Exchange of Information (AEOI) entered into force in 2017 and applies to all financial institutions including Banque Heritage. If the client is resident in a partner jurisdiction of Switzerland (i.e. a country that has signed a bilateral AEOI agreement with Switzerland), Banque Heritage has to report on an annual basis the relevant information on the reportable accounts to the Swiss tax authorities, which in turn will pass on the information to the tax authorities of the concerned partner jurisdiction.
Please click below to visit the official website of the Swiss State Secretariat for International Finance SIF and its list of partner countries with Switzerland regarding the Automatic Exchange of Information on financial accounts.
Automatic Exchange of Information and list of Switzerland's partner countries
You can find the regulatory publication requirements, as per FINMA circular 2016/1, following this link: Disclosures (statutory and consolidated). The full report is available at the Bank’s headquarters. For further information please contact heritage@heritage.ch.