privacy policy.

internet privacy policy.

Lombard Odier takes the private nature of the personal data of any person very seriously. This internet privacy policy (“Internet Privacy Policy”) describes how Lombard Odier treats the information Lombard Odier collects when you access and use the Site. Please read this Internet Privacy Policy very carefully before using the Site. All terms not defined herein are defined in the Legal Information of the Site accessible at Legal information page.

 

1. Type of data collected

Lombard Odier collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the operating system, the browser type, language preference, referring site, and the date and time of each request to the Site. Lombard Odier’s purpose in collecting non-personally identifying information is to better understand how a person uses the Site. These data can be collected with the help of analytics tools. Such technologies can tell Lombard Odier things like how a person arrived on the Site, if this person visited the Site before, how long this person stays on the Site, and which pages this person visits. In particular, the Site uses Google analytics. TO learn more about it, visit http://www.google.com/analytics/learn/privacy.html.

Lombard Odier also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Lombard Odier does not use such information to identify any particular person, however, and does not disclose such information pursuant to this Internet Privacy Policy.

2. Collection of personal data

Certain ways to interact with the Site require Lombard Odier to gather personal data, i.e. all information relating to an identified or identifiable person. The amount and type of information, that Lombard Odier gathers, depends on the nature of the interaction. For example, Lombard Odier asks for registration of certain online products and/or services to provide with a username, an email address, your name, your company name, and your address. In each case, Lombard Odier collects such information only insofar as is necessary or appropriate to fulfill the purpose of the person's interaction with the Site, e.g. to provide the online products and/or services. A person can always refuse to supply personal data, with the caveat that it may prevent such person from engaging in certain Site-related activities.

3. Protection of personal data

Lombard Odier discloses personal data only to those of its employees and affiliated corporate entities of its group that (i) need to know that information in order to process it on Lombard Odier’s behalf or to provide products and/or services available on the Site, and (ii) that have agreed not to disclose it to others. Some of those employees and affiliated corporate entities may be located outside of your home country, in countries not ensuring adequately protection of personal data, and by using the Site, you expressly consent to the communication of and the transfer abroad of such personal data to them.

In particular, this Site server is physically located in Switzerland. For the persons outside Switzerland, please note that any personal data transferred to the Site will be transferred out of the person’s country of origin or residence, and into Switzerland. You expressly consent to such transfer through the use of the Site. You also warrant that you have the right to transfer such information outside the country where they are originated from and into Switzerland.

Other than to its employees and affiliated corporate entities or as described above, Lombard Odier discloses personal data only when required to do so by law, or when Lombard Odier believes in good faith that disclosure is reasonably necessary to protect the property or rights of Lombard Odier, third parties or the public at large. Lombard Odier takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of personal data.

You should also be aware that if you publish information onto the Site, such information becomes public information. Such disclosures may also increase your chances of receiving unwanted communications.

4. Links to third party sites

This Internet Privacy Policy only applies to information collected by Lombard Odier. This Internet Privacy Policy does not apply to the practices of companies that Lombard Odier does not own or control. The Site contains links to third party websites. Any information a person provides to, or that is collected by, third-party sites may be subject to the privacy policies of those sites, if any. Lombard Odier encourages each person to read such privacy policies of any third-party sites that such person visits. It is the sole responsibility of such third parties to adhere to any applicable legal or other applicable restrictions on the disclosure of a person’s personal data, and Lombard Odier and its affiliated corporate entities shall not be liable for wrongful use or disclosure of any person’s personal data by any third party.

5. Security

All personal data described above is stored on secured database servers with restricted access.

6. Cookies

A cookie is a small file, typically a string of information of letters and numbers, downloaded on to a device when a person accesses certain websites. Cookies are then sent back to originating website on each subsequent visit. Cookies are useful because they allow a website to recognize a person's device.

Lombard Odier uses cookies to help Lombard Odier identify and track your usage of the Site, and your Site access preferences. Any person who does not wish to have cookies placed on its computer should set its browsers to refuse cookies before using the Site, with the drawback that certain features of the Site may not function properly without the help of cookies.

6. Types of Cookies used by Lombard Odier

Lombard Odier uses several types of cookies. Some are essential, while others you can opt out of or block. Opting out or blocking some cookies may affect the functionality of the online products and/or services, and of the Site.

The below explanations shall help each person to make informed choices about the information a person provides to Lombard Odier and third parties when a person visits the Site.

6. Why and how Lombard Odier uses cookies

There are broadly four reasons why a cookie might be stored on your device when visiting the Site:

  • cookies that make the Site works properly for you and enable you to make use of the secure online products and/or services that Lombard Odier provides;
  • cookies that collect data about your use of the Site which is then anonymized and used to help Lombard Odier improve online products and/or services;
  • cookies that remember your preferences and make the Site easier for you to use;
  • cookies that are placed by third party services Lombard Odier makes use of to enhance the information Lombard Odier presents online. Lombard Odier has no control over these third party cookies.

These cookies are placed on your device either by Lombard Odier or by the third parties whose services we use as part of the Site.

Some cookies are retained in your browser for only as long as you visit the Site, while others persist for a longer specified or unspecified period.

6. How to block cookies

You can restrict or block cookies which are set during your use of the Site by changing your browser's settings. For more detailed information, see http://www.allaboutcookies.org/. Some pages may not work if you completely disable cookies, but many third party cookies can be safely blocked.

Check information in your browser's help section for specific instructions on how to manage cookies.

6. Strictly necessary cookies

Some cookies Lombard Odier places on your browser ensure that the Site, the online products and/or services, deliver you information and products and/or services securely and optimally. You must accept these cookies to be able to make use of Lombard Odier’s online systems.

6. Functionality cookies

Some cookies enable websites to remember choices persons make, for example, user name, and language or text size. These cookies are known as "functionality cookies" and help to improve a person's experience of a website by providing a more personalized service.

6. Performance cookies

Lombard Odier uses a number of tools that monitor your behavior on the Site to help Lombard Odier improve and customize the provided information and online products and/or services. In particular the Site uses the Cookie Google Analytics which collects information and reports website usage statistics without personally identifying individual visitors to Google.

You can opt out of providing Lombard Odier with this information if you wish, with no impact on your experience of the Site. To opt out of being tracked by Google Analytics when using the Site: https://tools.google.com/dlpage/gaoptout/.

6. Third party cookies

The Site, some online products and/or services use third party services or software. Many of these services may set cookies on your device.

You can block or remove cookies yourself by altering the settings of your browser. Blocking these cookies is unlikely to impact on your experience of the Site.

6. Cookies set across the Site

Strictly necessary cookies

Cookie Cookie name(s) Data stored When does it expire? Description
LOSSPI authentication cookie (session cookie) LOCookie Encrypted and signed username, timestamp and authentication type. After 1 hour Authentication token to access the applicative servers.
Cookie Google Analytics lombardodier.com Visitor’s identification, determine the start and end of a session, determine the provenance of visitor 30 minutes Cookie Google Analytics first party type

 

7. Internet Privacy Policy changes

Lombard Odier may change this Internet Privacy Policy from time to time, and in Lombard Odier 's sole discretion. If Lombard Odier does, then Lombard Odier will post the amended policy on the Site. In all cases, use of information Lombard Odier collects is subject to the Internet Privacy Policy in effect at the time such information is collected.

8. Review and Access

Upon request, Lombard Odier will provide each person with a summary of the information Lombard Odier collects about such person. Unless otherwise required by mandatory applicable law, you will have the opportunity to correct, update, modify or delete this information by sending an e-mail to group-dataprotection@lombardodier.com.

9. Applicable law and jurisdiction

This Internet Privacy Policy and all matters arising out of or relating to this Internet Privacy Policy shall be governed by the substantive laws of Switzerland, without regards to principles of conflicts of laws thereof.

Any controversy, claim or dispute arising out of or in relation with this Internet Privacy Policy shall be subject to the exclusive jurisdiction of the ordinary courts of the Canton of Geneva with the exception of an appeal to the Swiss Supreme Court.

10. Contact

For any questions about this Internet Privacy Policy, please contact Lombard Odier at group-dataprotection@lombardodier.com.

GDPR information to data subjects

European Data Protection Regulation (GDPR): Important Information concerning the processing of personal data by Lombard Odier

Within the framework of its business activities the Lombard Odier Group Entities (hereinafter referred to as “Lombard Odier” or “the Lombard Odier Entity(ies)”) process personal data.

The Lombard Odier Entities strictly apply the data protection rules that are in force in the jurisdictions where these entities are established.

In respect to natural persons in the European Union (EU) (hereinafter referred to as: “the Data Subject(s)”), the rules of the “Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data” issued by the European Parliament and the Council (Regulation (EU) 2016/679) (hereinafter referred to as “the GDPR”) also applies to the processing of the personal data.

We kindly ask you to carefully read the following text, issued by the Lombard Odier Group. It provides you with important information in respect to the processing of personal data by Lombard Odier and to the rights granted to concerned Data Subjects pursuant to the GDPR (hereinafter: “the Important Information”).

Please communicate the link to this Important Information to any person that is related to a contractual relationship that you maintain or that you wish to enter into with Lombard Odier. Please refer to point 3.b. in order to determine who may be such a Related Person.

Table of contents:

  1. Lombard Odier acting as data controller
  2. Contact details of the Lombard Odier Group-Data Protection Officer 
  3. Categories of Data Subjects whose personal data are processed
  4. Categories of personal data collected  
  5. Sources used to collect personal data
  6. Purposes for which personal data are processed and legal basis for the processing
  7. Period for which personal data are stored
  8. Recipients of personal data
  9. Transmission of personal data abroad
  10. Existence of automated decision-making
  11. Existence of profiling
  12. Obligation of Data Subject to provide personal data  
  13. Consequences of failure to provide personal data to Lombard Odier
  14. Rights of Data Subjects
  15. Right of Data Subject to object to personal data processing for direct marketing purposes
  16. Periodic changes of this Important Information

1. Lombard Odier acting as data controller

The below listed Lombard Odier Entities established in the European Union (EU) are acting as data controller according to the provisions defined in the GDPR in respect to all personal data they are processing within their business activity. You can contact the Lombard Odier Entities by using the indicated contact data:

Lombard Odier Entities pursuing pivate clients-activity
Lombard Odier Entities pursuing asset management-activity
Lombard Odier Entities pursuing external asset managers-activity

 

Lombard Odier Entities pursuing private clients-activity:

Lombard Odier (Europe) S.A.

291, route d'Arlon
L-1150 Luxembourg
Phone: +352 27 78 5000
Fax: +352 27 78 5001
Lombard Odier (Europe) S.A., Netherlands branch Herengracht 466
1017 CA Amsterdam, Netherlands
Phone: +31 (0)20 5220 522
Fax: +31 (0)20 4280 175
Lombard Odier (Europe) S.A., Belgium branch Avenue Louise 81
1050 Brussels, Belgium
Phone: +32 (0)2 543 0830
Fax: +32 (0)2 543 0838
Lombard Odier (Europe) S.A., UK branch Queensberry House, 3 Old Burlington Street
London W1S 3AB, United Kingdom
Phone: +44 (0)20 3206 6000
Fax: +44 (0)20 3206 6250
Lombard Odier (Europe) S.A., Spanisch branch Paseo de la Castellana 66, 4th floor
28046 Madrid, Spain
Phone: +34 91 790 29 00
Fax: +34 91 790 29 01
Lombard Odier (Europe) S.A., Italian branch Via Santa Margherita 6
20121 Milan, Italy
Phone: +39 02 00697 700
Fax: +39 02 00697 722
Lombard Odier (Europe) S.A., French branch 8, rue Royale
75008 Paris, France
Phone: +33 (0)1 4926 4600
Fax: +33 (0)1 4926 6410
Lombard Odier Gestión (España) SGIIC, S.A. Paseo de la Castellana 66, 4th floor
28046 Madrid, Spain
Phone: +34 91 790 29 43
Fax: +34 91 790 29 41
Lombard Odier & Cie (Gibraltar) Limited Suite 921 Europort, Gibraltar Phone: +350 200 73 350
Fax: +350 200 73 475


Lombard Odier Entities pursuing asset management-activity:

Lombard Odier Asset Management (Europe) Ltd Queensberry House, 3 Old Burlington Street
London W1S 3AB, United Kingdom
Phone: +44 (0)20 3206 6000
Fax: +44 (0)20 3206 6250
Lombard Odier Asset Management (Europe) Ltd, Netherlands branch Mondriaantoren, Amstelplein 54 - 26th Floor
1096 BC Amsterdam, Netherlands
Phone: +31 (0)20 85 46 090
Fax: +31 (0)20 85 46 051
Lombard Odier Asset Management (Europe) Ltd, German branch Bockenheimer Landstraße 2-4, OpernTurm
60306 Frankfurt am Main, Germany
Phone: +49 (0)69 6677 48 154
Fax: +49 (0)69 6677 48 220
Lombard Odier Asset Management (Europe) Ltd, Italian branch Via Santa Maria Segreta 7
20123 Milan, Italy
Phone: +39 02 30314 600
Fax: +39 02 30314 660
Lombard Odier Asset Management (Europe) Ltd, French branch 8, rue Royale
75008 Paris, France
Phone: +33 (0)1 4926 4600
Fax: +33 (0)1 4926 4720
Lombard Odier Funds (Europe) S.A.
291, route d'Arlon
L-1150 Luxembourg
Phone: +352 27 78 1000
Fax: +352 27 78 1001


Two or more Lombard Odier Entities pursuing asset management-activities may act as joint data controllers if they jointly determine the purposes and means of the processing of personal data.  A Data Subject may exercise its rights (see point 14) in respect of and against each of the Lombard Odier Entities that may act as joint data controllers.

Lombard Odier Entities pursuing external asset managers-activity:

Lombard Odier (Europe) S.A. 291, route d'Arlon
L-1150 Luxembourg
Phone: +352 27 78 5000
Fax: +352 27 78 5001
Lombard Odier (Europe) S.A.,UK branch Queensberry House, 3 Old Burlington Street
London W1S 3AB, United Kingdom
Phone: +44 (0)20 3206 6000
Fax:+ 44 (0)20 3206 6250
Lombard Odier & Cie (Gibraltar) Limited Suite 921 Europort, Gibraltar Phone: +350 200 73 350
Fax: +350 200 73 475

 

2. Contact details of the Lombard Odier Group-Data Protection Officer 

Please find below the contact data of the Lombard Odier Group-Data Protection Officer.

Bank Lombard Odier & Co Ltd
Group Data Protection Officer
11, Rue de la Corraterie
1204 Geneva
Switzerland
E-Mail: group-dataprotection@lombardodier.com

3. Categories of Data Subjects whose personal data are processed

Within its business activity, Lombard Odier processes personal data of the following categories of Data Subjects that are in scope of the GDPR:  

a. Natural person maintaining a contractual relationship with Lombard Odier (hereinafter referred to as “the Contracting Party”) or natural person being in contact with Lombard Odier prior to entering into a contractual relationship with Lombard Odier (hereinafter referred to as “the Prospect”), e.g.:

  • holder or potential holder of a bank account
  • natural person receiving or intending to receive discretionary management services or advisory services
  • business introducer or potential business introducer
  • employee at Lombard Odier or job candidate
     

b. Natural person related to a person, whether natural or legal,  maintaining a contractual  relationship with Lombard Odier or being in contact with Lombard Odier prior to entering into a contractual relationship with Lombard Odier (hereinafter referred to as “the Related Person”), e.g. :

  • Director, board member of a legal entity
  • trustee, settlor, protector of a trust
  • member of the council, founder of a foundation
  • beneficial owner, controlling person of a legal entity  
  • beneficiary of a trust or a foundation
  • authorized signatory on a bank account
  • person receiving correspondence
  • person to be contacted in the event of loss of contact with the Contracting Party
  • family member, friend, lawyer, consultant, adviser, etc. of a Contracting Party or of a Prospect
  • authorized representative and staff of directors, councils of foundations, trustees, protectors, authorized signatories, in case that these are legal entities 
  • authorized representatives and staff of external asset managers
  • authorized representative and staff of institutional clients, fund distributors, corporate fund investors, fund providers, banking infrastructure clients, etc. to whom Lombard Odier provides products and services
  • Investor in a fund
  • authorized representative and staff of service providers, vendors, counterparties, brokers, traders, etc. rendering services to Lombard Odier or buying or selling financial or other products from or to Lombard Odier
  • authorized representative and staff of law firms, consulting firms, advisors, etc., mandated by Lombard Odier

c. Natural person not maintaining a contractual relationship with Lombard Odier but being for other reasons in contact with Lombard Odier or about whom Lombard Odier collects information  (hereinafter referred to as “the Other Data Subject”), e.g.:

  • potential client target
  • social media user commenting on Lombard Odier
  • authorized representative and staff of third party banks and financial service institutions
  • authorized representative and staff of professional associations
  • journalist
  • any person contacting Lombard Odier for whatever reason

d. Natural person using online features  made available by or related to Lombard Odier (hereinafter referred to as “the User of Online Features”).

4. Categories of personal data collected from Data Subjects

Personal data means any data that identifies a person or that allows, together with other information, for the identification of a person, e.g.:

  • personal details, e.g. name, address, phone number, fax number, e-mail address, date of birth, place of birth, nationality(ies)
  • identification numbers, e.g. passport number, ID-number, TIN-number
  • personal background, e.g. professional activity, public function
  • family situation, e.g. marital status, number of children, number of grand-children
  • economic data, e.g. financial assets, origin of funds
  • contract data, e.g. mandates granted to Lombard Odier
  • account information, e.g. account number, IBAN number
  • due diligence information, e.g. results of anti-money-laundering checks, credit checks
  • investment related information, e.g. investment profile, risk profile, suitability test, asset allocation, investments
  • transaction data, e.g. payment instructions, investment instructions
  • online identifiers, e.g. IP address and information on how the Data Subject uses the Lombard Odier website and the products and services offered on the website (please also refer to the Lombard Odier internet privacy policy
  • additional data in respect to Lombard Odier’s employees, staff and job candidates, e.g. CV, job references, education, trainings, job performance, absence due to illness, holidays, business trips

5. Sources used to collect personal data

Personal data are collected by Lombard Odier as part of its business activities before entering into a contractual relationship with the Data Subject and during the lifetime of a contractual relationship which exists with the Data Subject.  

Lombard Odier uses different methods to collect personal data, including through:

Direct interactions - In general, Lombard Odier collects personal data concerning the Data Subjects from the Data Subjects themselves or from the persons with whom Lombard Odier maintains the contractual relationship (i.e. from the Contracting Party, the Prospect or the User of Online Features).

Automated technologies or automated interactions - if a Data Subject interacts with the Lombard Odier website, Lombard Odier may automatically collect personal data, by using cookies or similar technologies. Please refer to the Lombard Odier internet privacy policy for further details.

Third parties or publicly available sources - Within the scope permitted by law, Lombard Odier also collects personal data concerning Data Subjects from third party banks and financial service institutions, public sources like internet, print media, electronic media, social media, social networking services, commercial and other public registers, public authorities or professional compliance databases.  In respect to job candidates Lombard Odier also collects information it may for example receive from recruitment agencies.

6. Purposes for which personal data are processed and legal basis for the processing

Lombard Odier processes personal data in compliance with the applicable legal provisions. According to the provisions defined in the GDPR the processing of personal data is lawful and permitted to the extent that one of the below mentioned conditions is met.

a. Processing is necessary for the conclusion or performance of a contract with Lombard Odier
Personal data are processed by Lombard Odier in order to perform a contract that has been concluded between Lombard Odier and the Data Subject. Personal data are also processed by Lombard Odier, prior to entering into a contract with the Data Subject, in order to take steps - at the request of the Data Subject - to enter into a contractual relationship. 

The categories of contracts that qualify as legitimate basis for the lawful processing of personal data by Lombard Odier are for example the following:

  • Offering and rendering of banking and financial services, e.g. maintenance and administration of a bank account, asset management services, advisory services, execution and transaction services in respect to securities, execution of payment orders
  • Offering and rendering of global custody and global reporting services
  • Providing fund administration services
  • Making available general information in respect to wealth planning
  • Contracts with third parties, e.g. external asset managers, business introducers, external service providers
  • Employment contracts with staff   

b. Compliance with legal obligations, to which Lombard Odier is subject

Lombard Odier processes personal data in order to comply with legal obligations to which it is subject. These legal obligations are defined in national and/or international law and in national regulations, issued by the relevant national supervisory authorities (hereinafter: “the Applicable Legal Regulations”). These Applicable Legal Regulations define in particular obligations in respect to e.g.:

  • Banking activity and asset management activity, e.g. establishment of individual suitability test in respect to investments, reporting obligations to the competent authorities in respect to security holdings
  • Anti-money laundering and terrorist financing, e.g. identification of the contracting party, the beneficial owner, the persons which sign the contractual documentation in the name of an entity; establishment of the origin of funds, the financial situation and the family situation of an account holder and a beneficial owner; due diligence checks on the information obtained; reporting obligation to the competent authorities in case of suspicion of money laundering
  • Reporting to national bank, e.g. statistics on assets under management
  • Fiscal reporting
  • Telephone and email recording to prevent market abuse and fraud

c. Legitimate interest pursued by Lombard Odier or by a third party

Lombard Odier processes personal data in order to pursue its legitimate interests or the legitimate interests of a third party (e.g. Lombard Odier Entities).  

The above mentioned legitimate interests are for example the following:

  • Complying with legal obligations defined in national and/or international law and in national regulations, issued by the relevant national supervisory authorities as far as not already covered in point 6.b.  
  • Ensuring network and information security  
  • Ensuring security on and in the premises of Lombard Odier by installing video surveillance
  • Ensuring authorized access to Lombard Odier’s premises, to sensitive areas, to IT systems (e.g. PCs), etc. by installing badge systems
  • Indicating possible criminal acts or threats to public security to a competent authority, including the transmission of relevant personal data
  • Preventing fraud
  • Transmitting personal data within the Lombard Odier Group for internal administrative purposes, consolidated compliance and risk management purposes   
  • Defending the interests of Lombard Odier in case of civil, administrative, criminal or regulatory requests and litigations
  • Researching client needs and expectations, market trends, positioning of competitors
  • Developing new products and services
  • Monitoring and improving email marketing
  • Maintaining public relation contacts with journalists

Advertising, marketing and sales activities in order to grow the Lombard Odier Group’s business (please refer in this respect to point 15 regarding the Data Subject’s right to object)

d. Data Subject has given consent to the processing of its personal data
In specific cases the processing of personal data is only allowed if the Data Subject has provided Lombard Odier with its consent to such processing. Consent of the Data Subject is for example needed if Lombard Odier should process special categories of personal data like data concerning the Data Subject’s health (e.g. within the framework of the Data Subject’s participation at a sportive or culinary social event organized by Lombard Odier) or if the Data Subject should be part of an automated decision-making (see point 10).  

Should a Data Subject need to provide Lombard Odier with its consent to the processing of its personal data, it will be individually informed by Lombard Odier.

Consent granted by a Data Subject to the processing of its personal data may be withdrawn by the Data Subject at any time. The withdrawal of consent will only take effect for the future and does not apply to the processing of the personal data carried out prior to the withdrawal of consent.

7. Period for which personal data are stored

Lombard Odier stores personal data no longer than is necessary for the purposes for which the data have been collected and are processed. 

In terms of the time period during which the personal data are stored, the Lombard Odier Entities respect the provisions defined in the Applicable Legal Regulations governing their activities. Storing periods are for example defined in legal regulations concerning

  • anti-money laundering and terrorist financing  
  • contractual obligations  
  • fiscal obligations
  • regulatory requirements 

In certain cases, Lombard Odier may also be obliged by measures taken by judicial or supervisory authorities to process and store personal data for a longer period of time than defined in the Applicable Legal Regulations.

Lombard Odier is also authorized to store and process personal data during the period of ongoing civil, administrative, criminal or supervisory proceedings, in order to defend its interest, even if this time period is going beyond the definitions in the Applicable Legal Regulations.

8. Recipients of personal data

Personal data concerning a Data Subject are disclosed by Lombard Odier in compliance with the Applicable Legal Regulations. Lombard Odier may have to disclose personal data to the following persons / parties:

Lombard Odier staff members - Lombard Odier has taken appropriate technical and organizational measures to ensure that personal data are only disclosed to staff members (i.e. employees and auxiliaries) which are assigned to fulfill, on Lombard Odier’s behalf, the contractual, legal and supervisory obligations to which Lombard Odier is submitted in the context of disclosing personal data. The staff members, to which personal data are disclosed, are contractually submitted to the applicable legal confidentiality requirements and to banking and business secrecy. 

Third parties - Personal data of Lombard Odier’s staff members may be disclosed to Lombard Odier Group Entities and, according to the staff member’s professional activity pursued for Lombard Odier, to Data Subjects as defined in point 3, e.g. to Contracting Parties, Prospects, Related Persons, Other Data Subjects.

Third party processors - Lombard Odier may disclose personal data to a third party that acts as data processor for Lombard Odier within outsourcing relationships (e.g. Lombard Odier Group Entities or other third parties such as client relationship service providers used by the Lombard Odier Group Entities pursuing asset management-activities or IT development providers). Lombard Odier contractually obliges this third party processor to take appropriate technical and organizational measures to ensure that personal data are only disclosed to staff members of the third party processor that are responsible for the execution and implementation of the contract concluded between Lombard Odier and the third party processor.  

Other third parties - Lombard Odier discloses personal data to third parties other than data processors in order to fulfill its legal and regulatory obligations as well as its obligations arising from contracts that it maintains with its Contracting Parties. Third parties in this respect are for example:   

  • National and foreign judicial, administrative or supervisory authorities
  • National and foreign brokers, stock exchanges
  • National and foreign central banks, correspondent banks, depository banks
  • Counterparties
  • Auditors, professional advisers, lawyers

9. Transmission of personal data abroad

Lombard Odier may transfer personal data to recipients being established or domiciled outside the European Union (EU) in the following cases:  

  • Fulfillment of contractual obligations towards Contracting Parties, e.g. execution of payment orders or security transaction orders (SWIFT)
  • Legal obligation to which Lombard Odier is submitted, e.g. within the framework of CRS-reporting obligations (please note that Lombard Odier transmits the personal data to the competent national authorities; the finale transfer abroad to the competent foreign authorities is done by the competent national authorities)
  • Transfer of personal data to third party data processors within the framework of outsourcing relationships   
  • The Data Subject has given its consent to Lombard Odier, e.g. within the framework FATCA-reporting obligations

Should Lombard Odier transfer personal data to a country or territory in respect to which the Commission of the European Union has decided that this country or territory does not ensure an adequate level of protection of personal data, Lombard Odier concludes with the recipients of the personal data appropriate safeguards in respect to data protection, unless the personal data can be disclosed due to another exception provided by the applicable legislation. 

Upon the Data Subject’s request, Lombard Odier provides to the Data Subject a copy of the relevant safeguards. The request should be addressed to the Group Data Protection Officer at Bank Lombard Odier & Co Ltd. in Geneva (please refer to the contact details in point 2).

10. Existence of automated decision-making

An automated decision within the meaning of the GDPR means a decision which is solely based on an automated processing, without any human intervention, which produces legal effects concerning the Data Subject or which similarly significantly affects the Data Subject. Such an automated decision-making is allowed, if it is necessary for entering into a contract with the Data Subject or for the performance of a contract which is concluded with a Data Subject.

Within its business activity, Lombard Odier makes use of automated decision-makings only when treating demands of Data Subjects in respect to granting lombard credits. Data Subjects which are concerned in this respect will be informed individually by Lombard Odier.

11. Existence of profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a Data Subject, in particular to analyse or predict aspects concerning that Data Subject’s economic situation, personal preferences, interests, reliability, behavior, location or movements.

Lombard Odier uses profiling only for analyzing certain aspects in respect to the use of online features made available by or related to Lombard Odier. In particular, Lombard Odier uses cookies that remember a Data Subject’s preferences and make the website easier for the Data Subject to use (please also refer to the Lombard Odier internet privacy policy).

12. Obligation of Data Subject to provide personal data to Lombard Odier

In order to enter into a contractual relationship with Lombard Odier and to maintain a contractual relationship with Lombard Odier, the provision of personal data is a legal and/or contractual requirement. According to the Applicable Legal Regulations in terms of anti-money laundering and terrorist financing, Lombard Odier is in particular obliged to identify its contracting party and the beneficial owner or controlling person of the assets that are deposited with or managed by Lombard Odier. Lombard Odier is also legally obliged to keep personal data up to date, so that the relevant Data Subject is obliged to communicate to Lombard Odier any change that occurs in respect to the relevant personal data.

13. Consequences of failure to provide personal data to Lombard Odier

Where the Contracting Party is not willing to provide the required personal data to Lombard Odier before entering into a contractual relationship, Lombard Odier will not be in a position to conclude a contract.

Should the Contracting Party not communicate the necessary personal data to Lombard Odier during the existence of a contractual relationship with Lombard Odier, Lombard Odier may have to terminate such a contractual relationship.

14. Rights of the Data Subject

Each Data Subject whose personal data are processed by Lombard Odier may exercise, within the limits of the law, the below mentioned rights in respect to the processing of its personal data.

Any request should be addressed to the Lombard Odier entity with which the Data Subject maintains a contractual relationship or with which it was in contact prior to entering into a contractual relationship. In case of doubts the request may also be addressed to the Lombard Odier Group-Data Protection Officer at Bank Lombard Odier & Co Ltd. in Geneva (please refer to the contact details in point 2). 

  • Right to access and receipt of a copy of the personal data
  • Right to rectification
  • Right to erasure
  • Right to restriction of processing
  • Right to object
  • Right to data portability
  • (in respect to personal data that the Data Subject has provided to Lombard Odier as the data controller, where the processing of personal data is based on a contract (see point 6.a) or on the Data Subject’s consent (see point 6.d))   
  • Right to not be subject to a decision based solely on an automated processing, including profiling
  • (see points 10 and 11; at the Data Subject’s request, an employee of Lombard Odier should intervene in order to hear the Data Subject’s point of view on the decision)  
  • Right to lodge a complaint with a supervisory authority
  • (if the Data Subject considers that the processing of its personal data infringes the GDPR)  

15. Right of Data Subject to object to personal data processing for direct marketing purposes

Where Lombard Odier processes personal data of Data Subjects for direct marketing purposes, the Data Subject has the right to object at any time to the processing of its personal data for such marketing purposes, which includes profiling to the extent that it is related to such direct marketing.

The relevant objection should be addressed to the attention of the Lombard Odier Group-Data Protection Officer:

Bank Lombard Odier & Co Ltd
Group Data Protection Officer
11, Rue de la Corraterie
1204 Geneva
Switzerland
E-Mail: group-dataprotection@lombardodier.com

16. Periodic changes of this Important Information

Lombard Odier may change the content of this Important Information from time to time and at its sole discretion, in particular if the legal basis for processing personal data is amended or if the processing of personal of data by Lombard Odier is subject to modifications.

Last update: 21.05.2018

 

Others languages

Reglamento europeo de protección de datos (RGPD)

Regolamento europeo sulla protezione dei dati (GDPR)

Europese verordening gegevensbescherming (AVG)