Switzerland legal information

Disclaimer

Important legal information

Anyone accessing this website, the pages contained on it, and the information, tools and material contained or described herein (the "Website"), implicitly agrees to the terms and conditions (the “Terms”) set out below.
The Terms are subject to change without notice, from time to time in EFG’s sole discretion. Therefore, they should be reviewed whenever this Website is accessed. Access to and use of this Website may be restricted or terminated at any time.
The use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.

Access subject to local restrictions

The information on this Website is not intended for use by or distribution to any individual or legal entity in any jurisdiction or country where (i) the distribution, publication or use of such information would be contrary to the law or regulatory provisions; or (ii) such distribution is prohibited without obtaining the necessary licenses or authorizations and such licenses or authorizations have not been obtained by EFG.
Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use this Website.
The information on this Website are not directed to US persons.

No offer or recommendation

This document has been prepared solely for information purposes.
The information contained herein constitutes a marketing communication for a financial service and should not be construed as marketing of a financial instrument, financial research or analysis, an offer, a public offer, an investment advice, a recommendation or solicitation to buy, sell or subscribe to financial instruments and/or to the provision of a financial service. Further, this document is not intended to provide any financial, legal, accounting or tax advice and should not be relied upon in this regard.
The information provided in this document is not the result of a financial research conducted by EFG’s research department. Therefore, the “Directive on the Independence of Financial Research” issued by the Swiss Banking Association does not apply to it.

Availability, suitability, no advice and need for independent assessment

Financial services or investment instruments mentioned on this Website may not be eligible/suitable for or available to residents of certain countries or certain categories of investors.
The information on this website does not take into consideration the specific investment objectives, financial situation, tax situation or needs of any investors and is not intended to provide any investment, legal, accounting or tax advice and does not constitute a representation that any investment or financial service is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific investor, and should not be relied upon in this regard.
Prior to making any investment decision, investors should fully understand the risks and merits, as well as the legal, tax and accounting characteristics and consequences of the transaction, and make their own independent assessment and determination that the investment is consistent with their individual circumstances and financial objectives and that they are able to assume all risks involved. Investors are advised to independently assess with their own professional advisors the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences of any transaction.

Forward-looking statements

This Website may contain statements that constitute "forward looking statements". While these forward-looking statements may represent EFG’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from EFG’s expectations. EFG 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.

Risk considerations

Investing entails significant risks, including but not limited to a partial or even total loss of the invested capital. The price/value of investments and the income derived from them can fall as well as rise, and past performance should not be taken as an indication or guarantee of future performance. Certain investments are subject to high volatility and may experience sudden and large falls in their value.

No warranty and exclusion of liability

The information and data contained on this Website have been obtained from sources believed to be reliable and EFG has exercised the utmost care in compiling such information. However, no representation or warranty (whether express or implied) may be provided that any information published on this Website is accurate, reliable, up-to-date or complete. In particular, EFG is under no obligation whatsoever to update or remove outdated information or opinions from this Website or to mark them as being outdated. The information and opinions contained on this Website are subject to change at any time without notice.
To the fullest extent permitted by applicable law, in no event shall EFG, any affiliate, including any director, agent, employee, or sub-contractor, be liable for any direct or indirect loss or damage, including but not limited to loss of profit and incidental or consequential damages, that may be suffered as a result from the use of this Website or the information provided or omitted on this Website.

Intellectual property, copyright and trademark rights

All components of this Website are protected by intellectual property laws and are the property of EFG or third parties. Users shall not acquire any rights, including rights in or to any software, trademarks or components of this Website, by downloading or printing any material from this Website. Copyright notices and trademarks may not be changed or removed. Components of this Website may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without the prior written consent of EFG and unless full acknowledgement of the source is provided.
Users are not permitted to create hyperlinks or online links from other websites to this Website without the prior written consent of EFG.

Website privacy policy

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 each and all of EFG International AG (Bleicherweg 8, P.O. Box 6012 CH - 8022 Zürich, Tel. +41 44 226 1850) (“EFGI”) and its worldwide affiliates. A list of all EFG entities and their contact details can be found here: https://www.efginternational.com/contact.html.

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, EFGI will only gather the personal information that is forwarded to its servers by your browser. In particular, EFGI will gather the access data that it requires 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; and
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.

Moreover, EFGI collects your personal information automatically, through relevant systems used in connection with your website consultation (e.g. location information, cookies, log data). For instance, EFGI may collect your personal information from the device through which you access this Website. Finally, EFGI uses tracking technology to collect information about you. Please refer to the Cookie Policy for more information on how EFGI uses 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 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.

The situations in which EFGI may process your personal information are listed below:

To provide you with access to this Website;
To administer technically and develop this Website; and
To carry out statistical and other analysis regarding the use of this Website.

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, 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 your Client Relationship Officer if you are a client and/ or the Data Protection Officer/ the Privacy Officer of the EFG entity that supports you.

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 may apply to the processing of your personal information.

A. Controller – EU Representative

The controller of your personal information is EFGI and/ or its worldwide affiliates (to the extent that the General Data Protection Regulation 2016/679 is applicable to them), as the case might be. Each of these EFG entities is acting as a separate data controller. The EU Representative for the non-EEA EFG entities (to the extent applicable) 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 by us.

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.
Request the transfer of your Personal Data to you or to another party (also known as “data portability”) where your data 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.
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 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 your Client Relationship Officer and/ or the Data Protection Officer/ the Privacy Officer of the EFG entity that supports you.

Protected deposits

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 EFG Bank AG are covered by the deposit insurance scheme.

Detailed information at www.esisuisse.ch.