privacy notice.
Cookie policy.
BulwarkBay takes the private nature of personal data, as such term is defined by the relevant applicable legislation, (the “Personal Data”) very seriously. This cookie policy (“Cookie Policy”) describes how BulwarkBay treats the information BulwarkBay collects when you access and use the BulwarkBay website (“Site”). Please read this Cookie Policy very carefully before using the Site. All terms not defined herein are defined in the legal and regulatory information of the Site accessible at legal and regulatory information page.
1. What is a cookie?
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.
BulwarkBay uses cookies to help BulwarkBay 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.
2. How can a user disable or block cookies?
In our cookie selector that can be opened from our cookie banner, you can allow or disable cookies per type. You can also restrict or block cookies, which are set during your use of the Site by changing your browser's settings. Some features of the Site may not work if you completely disable cookies, but many third party cookies may be blocked without having an impact on the Site's usability.
For general information about cookies, see https://www.allaboutcookies.org/. Please note that this link is provided as a convenience and for informational purposes only and does not constitute an approval of any information or opinion by BulwarkBay. BulwarkBay bears no responsibility of the accuracy, legality or content of the external site or for that of subsequent links. Please contact the external site for answers or questions regarding its content.
Check information in your browser's help section for specific instructions on how to manage cookies.
3. What type of data is collected?
BulwarkBay collects information that does not qualify as Personal Data 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.
BulwarkBay’s purpose in collecting such information is to better understand how a person uses the Site. BulwarkBay may also collect information like Internet Protocol (IP) addresses that may qualify as Personal Data because it relates to an identified or identifiable person. BulwarkBay, however, does not use such information to identify any particular person and does not disclose such information pursuant to this Cookie Policy.
Such information may be collected with the help of analytics tools. Such technologies can tell BulwarkBay 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.
Certain ways to interact with the Site require BulwarkBay to gather Personal Data. The amount and type of information, that BulwarkBay gathers, depends on the nature of the interaction. For example, BulwarkBay 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, BulwarkBay 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 may refuse to supply Personal Data, with the caveat that it may prevent such person from engaging in certain Site-related activities.
4. Why and how are cookies used by BulwarkBay?
There are broadly four reasons why a cookie might be stored on your device when visiting the Site:
- cookies that make the Site work properly for you and enable you to make use of the secure online products and/or services that BulwarkBay provides;
- cookies that collect data about your use of the Site which is used to help BulwarkBay to 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 BulwarkBay makes use of to enhance the information BulwarkBay presents online. BulwarkBay has no control over these third party cookies.
These cookies are placed on your device either by BulwarkBay or by the third parties whose services BulwarkBay uses 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.
5. What types of cookies are used by BulwarkBay?
BulwarkBay uses several types of cookies. Some are essential, while others you can disable or block. Disabling 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 BulwarkBay and third parties when a person visits the Site.
Necessary cookies
Some cookies BulwarkBay 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. Some cookies are necessary because they enable websites to remember choices persons make, for example country, language or investor status.
If you block these cookies you might not be able to make use of BulwarkBay’s online systems.
Example of a strictly necessary cookie:
|
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. |
Statistic cookies
BulwarkBay uses a number of tools that monitor your behavior on the Site to help BulwarkBay 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.
Example of an analytic cookie:
|
Cookie |
Cookie name(s) | Data stored |
When does it expire? |
Description |
|
Google Analytics |
lombardodier.com | Visitor’s identification, determine the start and end of a session, determine the provenance of visitor | 30 minutes |
Google Analytics first party type |
Click “Accept cookies”, “Allow All” or “On” in our cookie selector to consent to the use of statistic cookies. You can also decide not to provide BulwarkBay with this information if you wish, with no impact on your experience of the Site. To opt out of being tracked by Google Analytics in particular, you can also use the Site: https://tools.google.com/dlpage/gaoptout/.
Marketing cookies / third party cookies
Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. We work with third parties and make use of third party cookies to make advertising messaging more relevant to you both on and off this website.
As an example, on certain Sites BulwarkBay works with Fundamental Media Limited and/or Salesforce and Salesforce Pardot who use technologies, such as cookies to make advertising messaging more relevant to you both on and off this website. These technologies perform functions such as preventing the same ad from continuously reappearing, selecting advertisements that are based on your interests and to help meet our regulatory requirements. Click “Accept cookies”, “Allow All” or “On” in our cookie selector to consent to the use of this technology and the processing of your Personal Data for these purposes. Fundamental Media Limited’s privacy policy can be found here https://www.fundamentalmedia.com/privacy-policy/. Salesforce and Salesforce Pardot’s privacy policy can be found here: https://www.salesforce.com/company/privacy/full_privacy/.
You can also block or remove these cookies yourself by altering the settings of your browser. Blocking these cookies is unlikely to impact on your experience of the Site.
6. Cookie policy changes
BulwarkBay may change this Cookie Policy from time to time at its sole discretion. If BulwarkBay does, then BulwarkBay will post the amended policy on the Site. In all cases, use of information BulwarkBay collects is subject to the Cookie Policy in force at the time such information is collected.
7. Contact
For any questions about this Cookie Policy, please contact BulwarkBay at support@bulwarkbay.net.
Group Privacy Notice
Important Information concerning the processing of personal data by BulwarkBay
Within the framework of its business activities the entities of the BulwarkBay Group (hereinafter referred to as “BulwarkBay” or “the BulwarkBay Entity(ies)”) process personal data.
This document reflects the BulwarkBay Group’s policies in terms of processing of personal data.
Notwithstanding anything, contained herein, the BulwarkBay Entities strictly apply the data protection rules that are in force in the jurisdictions where these entities are established.
Employees of BulwarkBay Entities shall also refer to the employee privacy notice that supplements this document. In case of discrepancy between the employee privacy notice and this document, the latter shall prevail.
We kindly ask you to read the following text, issued by the BulwarkBay Group, carefully. It provides you with important information (hereinafter: the “Important Information”) with regards to the processing of personal data by BulwarkBay and to the rights granted to any identified or identifiable natural or legal person whose data are processed (the “Data Subjects”). Please note that in certain jurisdictions, e.g. in the EEA, the Applicable Legal Regulations does not apply to data pertaining to legal persons and the thus the relevant terms defined herein are to be understood as referring solely to natural persons.
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 a BulwarkBay Entity. Please refer to point 3.2. in order to determine who may be such a Related Person.
Table of contents:
- BulwarkBay acting as data controller
- Contact details of the BulwarkBay Group-Data Protection Officer
- Categories of Data Subjects whose personal data are processed
- Categories of personal data collected
- Sources used to collect personal data
- Purposes for which personal data are processed and legal basis for the processing
- Period for which personal data are stored
- Recipients of personal data
- Transmission of personal data abroad
- Existence of automated decision-making
- Existence of profiling
- Obligation of Data Subject to provide personal data
- Consequences of failure to provide personal data to BulwarkBay
- Rights of Data Subjects
- Right of Data Subject to object to personal data processing for direct marketing purposes
- Periodic changes of this Important Information
1. BulwarkBay acting as data controller
The below listed BulwarkBay Entities are acting as data controller (or controller of the data file) in respect to all personal data they are processing within their business activity. You can contact the BulwarkBay Entities by using the indicated contact data:
|
Bahamas |
BulwarkBay & Cie (Bahamas) Ltd |
|
Belgium |
BulwarkBay (Europe) SA, |
|
Bermuda |
BulwarkBay Trust (Bermuda) Ltd |
|
EAU |
Bank BulwarkBay & Co Ltd, ADGM branch |
|
Bank BulwarkBay & Co Ltd, Representative Office Dubai |
|
|
France |
BulwarkBay (Europe) SA, |
|
BulwarkBay Funds (Europe) SA, French Branch |
|
|
Germany |
BulwarkBay Funds (Europe) SA, German branch |
|
Hong Kong |
BulwarkBay (Hong Kong) Ltd |
|
Israel |
Bank BulwarkBay & Co Ltd, Representative Office Israël |
|
Italy |
BulwarkBay (Europe) SA, |
|
BulwarkBay Funds (Europe) SA, Italian Branch |
|
|
Japan |
BulwarkBay Trust (Japan) Ltd |
|
Luxembourg |
BulwarkBay (Europe) SA |
|
BulwarkBay Funds (Europe) SA |
|
|
BulwarkBay T&O Services (Europe) SA |
|
|
The Netherlands |
BulwarkBay Funds (Europe) SA, Dutch Branch |
|
Panama |
BulwarkBay & Cie (Bahamas) Ltd, Oficina de Representacion en Panamá |
|
BulwarkBay (Panama), Inc. |
|
|
Russia |
Bank BulwarkBay & Co Ltd, Representative Office Moscow |
|
Singapore |
BulwarkBay (Singapore) Ltd |
|
South Africa |
Bank BulwarkBay & Co Ltd, Representative Office South Africa |
|
Spain |
BulwarkBay (Europe) SA, |
|
BulwarkBay Gestiõn (España) |
|
|
Switzerland |
Bank BulwarkBay & Co Ltd |
|
LO Patrimonia Ltd |
|
|
BulwarkBay Asset Management (Switzerland) Ltd |
|
|
United Kingdom |
BulwarkBay (Europe) SA, |
|
BulwarkBay Asset Management (Europe) Ltd |
|
|
Uruguay |
BulwarkBay (Uruguay) SA |
|
USA |
BulwarkBay Asset Management (USA) Corp |
Two or more BulwarkBay Entities 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 BulwarkBay Entities that may act as joint data controllers.
2. Contact details of the BulwarkBay Group-Data Protection Officer
Please find below the contact data of the BulwarkBay Group-Data Protection Officer.
Bank BulwarkBay & Co Ltd
Group Data Protection Officer
11, Rue de la Corraterie
1204 Geneva
Switzerland
E-Mail: support@bulwarkbay.net
The Group-Data Protection Office will liaise whenever relevant with local data protection officers appointed by each BulwarkBay Entities.
3. Categories of Data Subjects whose personal data are processed
Within its business activity, BulwarkBay processes personal data of the categories of Data Subjects listed below.
a) Natural or legal person maintaining a contractual relationship with BulwarkBay (hereinafter referred to as “the Contracting Party”) or natural or legal person being in contact with BulwarkBay prior to entering into a contractual relationship with BulwarkBay (hereinafter referred to as “the Prospect”), e.g.:
- holder or potential holder of a bank account
- person receiving or intending to receive discretionary management services or advisory services
- business introducer or potential business introducer
- employee at BulwarkBay or job candidate
b) Natural or legal person related to a Contracting Party or a Prospect (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
• direct or indirect shareholder, 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 BulwarkBay provides products and services
• authorized representative and staff of service providers, vendors, counterparties, brokers, traders, etc. rendering services to BulwarkBay or buying or selling financial or other products from or to BulwarkBay
• authorized representative and staff of law firms, consulting firms, advisors, etc., mandated by BulwarkBay
c) Natural or legal person not maintaining a contractual relationship with BulwarkBay but being for other reasons in contact with BulwarkBay or about whom BulwarkBay collects information (hereinafter referred to as “the Other Data Subject”), e.g.:
• potential client
• social media user commenting on BulwarkBay
• authorized representative and staff of third party banks and financial service institutions
• authorized representative and staff of professional associations
• journalist
• any person contacting BulwarkBay for whatever reason
d) Natural or legal person using online features made available by or related to BulwarkBay (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 BulwarkBay
• 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
• personality profiles, such as with regards to behaviour and moods
• online identifiers, e.g. IP address and information on how the Data Subject uses the BulwarkBay website and the products and services offered on the website (please also refer to the BulwarkBay Cookie policy) including tracking information related to opening/deletion/reading of our marketing emails.
• physical data, e.g. CCTV footages, pictures
• records of telephone calls
• additional data with regards to BulwarkBay’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 BulwarkBay, e.g. 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.
BulwarkBay uses different methods to collect personal data, including:
Direct interactions - In general, BulwarkBay collects personal data concerning the Data Subjects from the Data Subjects themselves, from Related Persons or from the persons with whom BulwarkBay 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 electronically with BulwarkBay, e.g. with the BulwarkBay website, BulwarkBay may automatically collect personal data, by using cookies or similar technologies. Please refer to the BulwarkBay Cookie policy for further details with regards to cookies.
Third parties or publicly available sources - Within the scope permitted by law, BulwarkBay also collects personal data concerning Data Subjects from third parties, like 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, professional compliance databases or further information, investigation or reporting service providers. In respect to job candidates BulwarkBay 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
The BulwarkBay Entities process personal data in compliance with the applicable legal provisions. Personal data is processed, subject to the purposes mentioned below, or for any purpose related and/or ancillary to any of the below or any other purpose for which the personal data was provided to BulwarkBay, or any other instruction given by the Data Subject.
a) Processing is necessary for the conclusion or performance of a contract with BulwarkBay
Personal data are processed by BulwarkBay in order to perform a contract that has been concluded between BulwarkBay and the Data Subject. Personal data are also processed by BulwarkBay, 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 relevant contracts may for example belong to the following categories:
• 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, on-line services (such as applications or solutions), global custody and global reporting services
• Information Technology and Business Process Outsoucing (e.g.back-office 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 and further contracts with staff
b) Compliance with legal obligations, to which BulwarkBay is subject
BulwarkBay processes personal data in order to comply with legal obligations to which it is subject. The legal obligations, including, for the avoidance of doubt, data protection law, applicable to the BulwarkBay Entities are defined in national and/or international law and in national regulations, issued by the competent 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, shareholders’ rights 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 and regulatory reporting
• Telephone and email recording to prevent market abuse and fraud
• BulwarkBay acting as employer
c) Legitimate interest pursued by BulwarkBay or by a third party
BulwarkBay processes personal data in order to pursue (i) its legitimate / overriding interest or (ii) the legitimate interests of a third party (e.g. BulwarkBay Entities) depending on the locally applicable legislation.
The above mentioned legitimate /overriding 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 6.2.
• Ensuring network and information security
• Ensuring security on and in the premises of BulwarkBay by installing video surveillance
• Ensuring authorized access to BulwarkBay’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 BulwarkBay Group for internal administrative purposes, consolidated compliance and risk management purposes
• Defending the interests of BulwarkBay in case of civil, administrative, criminal or regulatory requests and litigations
• Researching market trends, positioning of competitors
• Analysis of the Data Subject’s needs, trends, expectations and behavior including creating profiles to personalize and foster the quality of BulwarkBays' communication, and interaction with the Data Subjects
• Developing, improving and analyzing products, services and communications
• Monitoring and improving email marketing and communication
• Maintaining public relation contacts with journalists
• Advertising, marketing and sales activities in order to grow the BulwarkBay Group’s business (please refer in this respect to point 15 regarding the Data Subject’s right to object)
• BulwarkBay acting as employer as far as not already covered in point 6.2
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 BulwarkBay with its consent to such processing. Consent of the Data Subject may, depending on the Applicable Legal Regulations, for example be needed if BulwarkBay 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 BulwarkBay) or if the Data Subject should be part of an automated decision-making (see point 10).
Should a Data Subject need to provide BulwarkBay with its consent to the processing of its personal data, it will be individually informed by BulwarkBay.
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
BulwarkBay 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 BulwarkBay Entities apply a policy within the framework of 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, BulwarkBay may be entitled to apply a longer storage period, e.g. if it is obliged by measures taken by judicial or supervisory authorities to continue processing and storing personal data.
BulwarkBay 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.
8. Recipients of personal data
Personal data concerning a Data Subject are disclosed by BulwarkBay in compliance with the Applicable Legal Regulations. BulwarkBay may have to disclose personal data to the following persons / parties:
BulwarkBay staff members - BulwarkBay 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 BulwarkBay’s behalf, the contractual, legal and supervisory obligations to which BulwarkBay 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 BulwarkBay’s staff members may be disclosed to BulwarkBay Group Entities and, according to the staff member’s professional activity pursued for BulwarkBay, to Data Subjects as defined in point 3, e.g. to Contracting Parties, Prospects, Related Persons, Other Data Subjects.
Third party processors - BulwarkBay may disclose personal data to a third party that acts as data processor for BulwarkBay within delegation and outsourcing relationships (e.g. BulwarkBay Group Entities or other third parties such as client relationship service providers used by the BulwarkBay Group Entities pursuing asset management-activities, cloud service providers, IT systems providers, email delivery service providers or IT development providers). BulwarkBay 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 BulwarkBay and the third party processor.
Other third parties - BulwarkBay 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
• National or foreign transaction registers, central trade repositories
• Issuers of the securities or products, collective investment vehicles and their agents
• Brokers
• Counterparties
• Auditors, professional advisers, lawyers
9. Transmission of personal data abroad
BulwarkBay may transfer personal data to recipients being established or domiciled outside the jurisdictions in which the BulwarkBay entities are located (e.g. countries outside the European Economic Area (EEA) and Switzerland), in particular, but not exclusively in the following cases:
• Fulfilment of contractual obligations towards Contracting Parties, e.g. execution of payment orders or security transaction orders (SWIFT)
• Legal obligation to which BulwarkBay is subject or which otherwise applies in the context of its business activities, e.g. within the framework of CRS-reporting obligations (please note that BulwarkBay 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 delegation and outsourcing relationships
• The Data Subject has given its consent to BulwarkBay, e.g. within the framework FATCA-reporting obligations
Should BulwarkBay transfer personal data to a country or territory that does not offer an adequate level of protection of personal data in accordance with the relevant Applicable Legal Regulations, the transfer and processing of personal data is subject to suitable safeguards, in particular standard or ad hoc contractual clauses, to ensure such transfer is carried out in compliance with the applicable data protection rules.
Subject to the Applicable Legal Regulations, BulwarkBay may provide the Data Subject upon request with a copy of the relevant safeguards. The request should be addressed to the Group Data Protection Officer at Bank BulwarkBay & 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 Applicable Legal Regulations, generally refers to 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 may, subject to Applicable Legal Regulations, be 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.
Data Subjects which are concerned in this respect will be informed individually by BulwarkBay.
11. Existence of profiling
Subject to Applicable Legal Regulations, profiling generally refers to 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 and create personality profiles concerning that Data Subject’s economic situation, personal preferences, interests, reliability, behavior, moods, location or movements.
BulwarkBay uses profiling also for analyzing certain aspects in respect to the use of online features made available by or related to BulwarkBay. In particular, BulwarkBay 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 BulwarkBay Cookie policy).
12. Obligation of Data Subject to provide personal data to BulwarkBay
In order to enter into a contractual relationship with BulwarkBay and to maintain a contractual relationship with BulwarkBay, the provision of certain personal data is a legal and/or contractual requirement. According to the Applicable Legal Regulations in terms of anti-money laundering and terrorist financing, BulwarkBay 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 BulwarkBay. BulwarkBay is also legally obliged to keep personal data up to date, so that the relevant Data Subject is obliged to communicate to BulwarkBay any change that occurs in respect to the relevant personal data.
13. Consequences of failure to provide personal data to BulwarkBay
Where the Contracting Party is not willing to provide the required personal data to BulwarkBay before entering into a contractual relationship, BulwarkBay will not be in a position to conclude a contract.
Should the Contracting Party not communicate the necessary personal data to BulwarkBay during the existence of a contractual relationship with BulwarkBay, BulwarkBay may have to terminate such a contractual relationship.
14. Rights of the Data Subject
Each Data Subject whose personal data is processed by BulwarkBay may be entitled to exercise, always within the limits of the relevant Applicable Legal Regulations, the below mentioned rights in respect to the processing of its personal data.
Any request should be addressed to the BulwarkBay 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 BulwarkBay Group-Data Protection Officer at Bank BulwarkBay & Co Ltd. in Geneva (please refer to the contact details in point 2).
• Right to request access to and receive a copy of the personal data
• Right to request rectification
• Right to request erasure
• Right to request a restriction of processing
• Right to request objection to processing
• Right to request data portability
(in respect to personal data that the Data Subject has provided to BulwarkBay 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 BulwarkBay 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 law applicable to him/her)
15. Right of Data Subject to object to personal data processing for direct marketing purposes
Where BulwarkBay processes personal data of Data Subjects for direct marketing purposes, the Data Subject has, subject to the Applicable Legal Regulations, 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 BulwarkBay Group Data Protection Officer:
Bank BulwarkBay & Co Ltd
Group Data Protection Officer
11, Rue de la Corraterie
1204 Geneva
Switzerland
E-Mail: support@bulwarkbay.net
16. Periodic changes of this Important Information
BulwarkBay 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 BulwarkBay is subject to modifications.
Last update: 1 December 2020
Others languages
Reglamento europeo de protección de datos
Regolamento europeo sulla protezione dei dati
Europese verordening gegevensbescherming