Privacy Policy

 

Effective May 25, 2018 

     1. Introduction

1.1      We are committed to safeguarding the privacy of our website visitors and service users. This includes the website myprivatebanking.com with all subdomains and our store store.myprivatebanking.com with all subdomains.

1.2      This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3      We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.4      In this policy, "we", "us" and "our" refer to MyPrivateBanking Gmbh, Weinbergstrasse 9, 8280 Kreuzlingen Switzerland.. For more information about us, see Section 12.

  1. How we use your personal data

2.1      In this Section 2 we have set out:

(a)       the general categories of personal data that we may process;

(b)      in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)       the purposes for which we may process personal data; and

(d)      the legal bases of the processing.

2.2      We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent OR our legitimate interests, namely monitoring and improving our website and services..

2.3      We may process your account data ("account data").The account data may include your name and email address.The source of the account data is you or your employer.The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR  the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract..

2.4      We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

2.5      We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent  OR  our legitimate interests, namely  the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

2.6      We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract..

2.7      We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

2.8      We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer.The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent OR our legitimate interests, namely the proper management of our customer relationships

2.9      We may process  information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website  ("transaction data").  The transaction data may include  your contact details, your card details and the transaction details .  The transaction data may be processed  for the purpose of supplying the purchased goods and services and keeping proper records of those transactions . The legal basis for this processing is  the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely  the proper administration of our website and business  OR   specify basis  .

2.10    We may process  information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed  for the purposes of sending you the relevant notifications and/or newsletters . The legal basis for this processing is  consent OR  the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract..

2.11    We may process  information contained in or relating to any communication that you send to us  ("correspondence data"). The correspondence data may include  the communication content and metadata associated with the communication .  Our website will generate the metadata associated with communications made using the website contact forms.  The correspondence data may be processed  for the purposes of communicating with you and record-keeping . The legal basis for this processing is  our legitimate interests, namely  the proper administration of our website and business and communications with users   OR   specify basis  .

2.12    We may process  any of your personal data identified in this policy  where necessary for  the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure . The legal basis for this processing is our legitimate interests, namely  the protection and assertion of our legal rights, your legal rights and the legal rights of others .

2.13    We may process  any of your personal data identified in this policy  where necessary for  the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice . The legal basis for this processing is our legitimate interests, namely  the proper protection of our business against risks .

2.14    In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process  any of your personal data  where such processing is necessary  for compliance with a legal obligation to which we are subject, or  in order to protect your vital interests or the vital interests of another natural person.

2.15    Please do not supply any other person's personal data to us, unless we prompt you to do so.

  1. Providing your personal data to others

3.1      We may disclose  your personal data  to  our insurers and/or professional advisers  insofar as reasonably necessary for the purposes of  obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure .

3.2      Financial transactions relating to  our website and services   are  OR  may be  handled by our payment services providers,  Saferpay by SIX AG . We will share transaction data with our payment services providers only to the extent necessary for the purposes of  processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds . You can find information about the payment services providers' privacy policies and practices at  https://www.six-payment-services.com.

3.3      In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.  We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

  1. International transfers of your personal data

4.1      In this Section 4, we provide information about the circumstances in which your personal data may be transferred to  countries outside the European Economic Area (EEA) .

4.2      We  and our other group companies  have  offices and facilities  in  Switzerland.  The European Commission has made an "adequacy decision" with respect to  the data protection laws of this country .   Transfers to  this country  will be protected by appropriate safeguards, namely  the use of standard data protection clauses adopted or approved by the European Commission. 

4.3      The hosting facilities for our website may be situated in different countries including EU countries and theU.S.    The European Commission has made an "adequacy decision" with respect to  the data protection laws of each of these countries .   Transfers to  each of these countries  will be protected by appropriate safeguards, namely  the use of standard data protection clauses adopted or approved by the European Commission.

4.4      You acknowledge that  personal data that you submit for publication through our website or services  may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

  1.  Retaining and deleting personal data

5.1      This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2      Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3      We will retain your personal data as follows:

(a)       Your name, your employer, your job title or role, your contact details, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details and information contained in communications between us and you or your employer will be retained for a minimum period six months, and for a maximum period of 10 years.

 additional list items 

5.4      In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)       the period of retention of  personal data category will be determined based on the business purpose for which your data was collected .

5.5      Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  1. Amendments

6.1      We may update this policy from time to time by publishing a new version on our website.

6.2      You should check this page occasionally to ensure you are happy with any changes to this policy.

6.3      We  may notify you of  changes  OR  significant changes  to this policy  by email or through the private messaging system on our website .

  1. Your rights

7.1      In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

7.2      Your principal rights under data protection law are:

(a)       the right to access;

(b)      the right to rectification;

(c)       the right to erasure;

(d)      the right to restrict processing;

(e)       the right to object to processing;

(f)       the right to data portability;

(g)      the right to complain to a supervisory authority; and

(h)      the right to withdraw consent.

7.3      You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

7.4      You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.5      In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include:  the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed . However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary:  for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims .

7.6      In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.7      You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

7.8      You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

7.9      You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.10    To the extent that the legal basis for our processing of your personal data is:

(a)       consent; or

(b)      that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

          and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

7.11    If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

7.12    To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.13    You may exercise any of your rights in relation to your personal data  by written notice to us..

  1. About cookies

8.1      A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

8.2      Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

8.3      Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

  1. Cookies that we use

9.1      We may use cookies for the following purposes:

(a)       authentication - we use cookies  to identify you when you visit our website and as you navigate our website ;

(b)      status - we use cookies  to help us to determine if you are logged into our website;

(c)       personalisation - we use cookies  to store information about your preferences and to personalise the website for you;

(e)       security - we use cookies  as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;

(f)       analysis - we use cookies  to help us to analyse the use and performance of our website and services; and

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

  • session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
  • shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
  • shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
  • secure_session_id, unique token, sessional
    storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
  1. Cookies used by our service providers

10.1    Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

10.2    We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

10.3    We use  ShopifyeCommerce Solutions to sell reports online. You can view the privacy policy of this service provider at https://www.shopify.com/legal/privacy. Section 9 lists the purposes cookies are used for and list the relevant cookies are:

  1. Managing cookies

11.1    Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)       https://support.google.com/chrome/answer/95647?hl=en(Chrome);

(b)      https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences(Firefox);

(c)       http://www.opera.com/help/tutorials/security/cookies/(Opera);

(d)      https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies(Internet Explorer);

(e)       https://support.apple.com/kb/PH21411(Safari); and

(f)       https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy(Edge).

11.2    Blocking all cookies will have a negative impact upon the usability of many websites.

11.3    If you block cookies, you will not be able to use all the features on our website.

  1. Our details

12.1    This website is owned and operated by  MyPrivateBanking GmbH .

12.2    We are registered in  Switzerland  under registration number  CHE-114.838.990, and our registered office is at  Weinbergstrasse 9, 8280 Kreuzlingen, Switzerland. .

12.3    Our principal place of business is at  Weinbergstrasse 9, CH-8280 Kreuzlingen .

12.4    You can contact us:

(a)       by post, to  the postal address given above  ;

(b)      using our website contact form ;

(c)       by telephone, on  the contact number published on our website from time to time ; or

(d)      by email, using  the email address published on our website from time to time  .

  1. Data protection officer

13.1    Our data protection officer's contact details are:  Steffen Binder, MyPrivateBanking GmbH, Weinbergstrasse 9, 8280 Kreuzlingen, Switzerland.

Additional Provisions of Our Privacy Policy

The following sections of our Privacy Policy are supplementary to our above listed GDPR-compliance provisions in order to ensure full compliance with Swiss Privacy and Data Protection Laws

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How does MyPrivateBanking GmbH get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at steffen.binder@myprivatebanking.com or mailing us at:
MyPrivateBanking GmbH, Weinbergstrasse 9, 8280 Kreuzlingen 

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - NEWSLETTERS AND EMAIL ALERTS
You may receive periodic emails and newsletters from MyPrivateBanking GmbH if you have chosen so during the registration process. You may unsubscribe to these emails at any time with the link provided in the email to unsubscribe from our newsletter or using the settings under the menu “MyProfile”. My PrivateBanking GmbH may send to all users, whether they have chosen to receive newsletter or not, occasionally important messages about the site, changes to the site, its functionalities and services.?MyPrivateBanking GmbH complies with the Swiss Law for Data Protection and the European Parliament and Council of the European Union directive regarding unsolicited email. 

SECTION 5 - SHOPIFY AND SIX PAYMENT SERVICES

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Information on the privacy policy of Shopify Inc. you will find here. https://www.shopify.com/legal/privacy

Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy). 

We use SIX payment services as payment gateway for credit card purchases. Information on the privacy policy of SIX payment services you will find here: https://www.six-payment-services.com/en/site/e-commerce/downloads.html

SECTION 5 - THIRD-PARTY SERVICES

MyPrivateBanking GmbH complies with the Swiss and US Laws for Data Protection as well the European Parliament and Council of the European Union directives on privacy.

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Services. 

MyPrivateBanking GmbH is not responsible for the use of data by Shopify and SIX payment services and we shall not be liable to you or to any third-party for any harm or damages related to actions or omissions by Shopify and SIX payment services.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

If you have any concerns or complaints with regard to the handling of personal data and/or our privacy policies please contact us as follows:
MyPrivateBanking GmbH?Director of Privacy, ?Weinbergstrasse 9, 8280 Kreuzlingen, ?Switzerland To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

SECTION 10 - GOVERNING LAW

These TERMS AND CONDITIONS and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the SWISS CONFEDERATION and the KANTON THURGAU, without regard to its conflicts of law principles. The user consents to the jurisdiction of the courts of the SWISS CONFEDERATION and the KANTON THURGAU.

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