Legal disclaimer
General
By accessing and using the website of Banque de Commerce et de Placements S.A. (hereinafter “BCP’s Website” or “Website”), you declare that you have understood and accepted the regulations for the use of and the legal information with regard to this Website as well as any other applicable document and to be bound by the terms of this Legal Disclaimer.
Any special agreement with respect to individual services or products of Banque de Commerce et de Placements S.A. (hereinafter “BCP”) shall be in addition to these terms and conditions, although in the event of conflict, the provisions contained in such special agreements shall prevail.
The content of the present Legal Disclaimer may be updated any time without prior notice. The last paragraph indicates its last update.
Local Legal Restrictions
BCP’s Website and all information and functionalities contained therein are not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of, or located in any jurisdiction where, for any reason, such distribution, publication, availability or use would be contrary to any applicable law or regulation or which would subject BCP to any registration or licensing requirement within such jurisdiction. In particular, this Website is not intended for residents of the United States. If you are from such a jurisdiction, you are not authorized to proceed and must exit this Website immediately.
Information and services described on this Website may not be available or authorized to persons dependent on a jurisdiction other than Switzerland (by reason of those persons’ nationality, place of residence or domicile, or for any other reason) or to certain categories of investors.
Some jurisdictions may also prohibit or restrict the import, export and use of code algorithms.
You should consult with your adviser about the above-mentioned restrictions and ensure that you comply with the applicable regulations.
BCP does not assume any responsibility if you do not comply with your local restrictions.
Ownership of BCP’s Website and Copyright
The entire content of BCP’s Website is subject to copyright laws. BCP, or the applicable third party owner, retains all rights, titles and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on BCP’s Website. Downloading, copying or printing individual pages and/or parts of the Website is allowed for personal use only, provided that you do not remove any copyright or other proprietary notices. The downloading or copying of BCP’s Website does not transfer to you any rights with respect to the software or other material on the Website.
You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify or use for any public or commercial purpose BCP’s Website without the prior written consent of BCP.
Links to other Web sites
Some links on BCP’s Website may lead to third-party websites, which are completely beyond the control of BCP and which are provided solely for your convenience and information. Accordingly, BCP does not assume any responsibility for the accuracy, completeness and legality of the contents of such websites, or for any offers and services contained therein.
Using links from this Website to any website not owned by BCP is at your own risk.
The prior written consent of BCP is required before any link to BCP’s Website is placed on any other website.
E-mail Communication
Ordinary e-mail messages sent over the internet are neither confidential nor secure. Data and information sent over the internet via a public network may be accessible by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Data sent via internet may be transmitted across international borders even though both sender and receiver are located in the same country. Therefore, your data may be forwarded to a country with a lower data protection level than that which exists in your country of residence.
Information is sent over the internet at your own personal risk. BCP does not accept legal responsibility for any confidential information sent to BCP without using adequate security protection.
No Offer and No Advisory
The content of this Website is solely for information purposes. No information published on this Website constitutes a solicitation, nor an offer or a financial, tax or legal advice of any kind. BCP refrains from providing any investment advice on this Website.
The risks involved in certain investments are not suitable for all investors. The documents available on this Website have no regard to the specific investment objectives, financial situation or particular needs of any specific investor.
You should obtain advice from a qualified expert before making any investment decision or for any information concerning the risk pertaining to a particular investment product.
The past is not necessarily a guide to the future performance of an investment instrument. The value of an investment may fall as well as rise and there is no guarantee that any capital invested will maintain or increase in value. An investment may also lose value due to changes in rates of foreign exchange.
Accuracy of Information
Information and opinions presented in this Website have been obtained or derived from sources believed to be reliable. BCP and its information providers seek to ensure that the information published on this Website is accurate at the time of publication, and is provided in good faith. Under no circumstances shall BCP be liable for having issued statements or warranties, explicitly or implicitly, with respect to the reliability, completeness or correctness of the information, data and opinions published on this Website. In no event neither BCP nor any of its directors, employees, auxiliaries or advisors accept any liability with regards to the information contained in BCP’s Website.
Any opinion expressed on this Website and any content may be changed at any time without notice.
Exclusion of Liability
BCP and all its directors, officers, employees, auxiliaries or any advisors disclaim, without limitation, any liability for any loss or damage of any kind, including any direct, indirect or consequential damages, which might be incurred through the use of or access to BCP’s Website, or any links to third-party websites, even if BCP has been advised of the possibility of the same.
The access and performance of the Website and the relevant operating and information services, as well as those obtained through other channels, may be affected by technical problems and/or specific market conditions beyond the control of BCP. In no event neither BCP nor any of its directors, officers, employees, auxiliaries or any advisors will be liable for any damages, losses or expenses arising in connection with this Website or use thereof or inability to use by any third party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BCP or its representatives are advised of the possibility of such damages, losses or expenses.
Use of Data Collected
BCP may use specific cookies to obtain non-personal information data regarding your use of this Website. This anonymous data will be collected primarily for purposes of administering and of monitoring usage and performance of this Website, or compiling demographic information. BCP does not collect personally identifying data from this Website except when specifically and knowingly provided by you.
Data Security and Storage
If you have specifically and knowingly provided personal information, BCP undertakes to take all reasonable steps in order not to allow your personal data to be accessible by any third parties other than those which have been engaged by BCP. Our employees, agents, and third party providers who have access to personal data obtained through this Website are obliged to respect privacy.
BCP will only disclose your data to other third parties, if compelled to do so for legal or regulatory purposes.
BCP may store data in locations other than your country of residence. In such cases BCP will endeavour to ensure that there are adequate levels of protection of your data, taking into consideration applicable legal and regulatory requirements, including those relating to banking secrecy and data protection.
Applicable law
Use of the Website shall be subject to Swiss law, which shall exclusively govern the interpretation, application, and effect of all the conditions of use set out above. The courts of Geneva shall have exclusive jurisdiction over all claims or disputes arising out of or in connection with the Website and its use.
Last update: October 2013.
Privacy notice – BCP Geneva
The protection of your personal data is important to Banque de Commerce et de Placements S.A., (“BCP”, “we”, “our”, or “us”), which has adopted strong principles in respect to data protection.
This Data Privacy Notice (“Notice”) provides you with general information on what personal data (namely any information relating to an identified or identifiable natural person) BCP collects, what it does with that information, and what rights you have.
As part of our commitment to protect your personal data in a transparent manner, we want to inform you on:
- why and how BCP collects, uses and stores your personal data;
- the lawful basis on which your personal data is processed; and
- what your rights and our obligations are in relation to such processing.
1. What types of personal data do we collect?
We, as data controller (namely an entity that determines the purposes and the means of processing of personal data), may collect and process, to the extent necessary in the framework of our activities and to provide you with a high standard of personalized products and services, personal data about you, including:
- personal identification data, such as your name, identification number, date of birth, KYC documents (including a copy of your national identity card or passport), phone number, physical and electronic address and family details;
- financial information, including payment and transaction records and information relating to your assets, financial statements, liabilities, taxes, revenues, earnings and investments (including your investment objectives);
- tax domicile and other tax-related documents and information;
- where applicable, professional information about you, such as your job title and work experience;
- your knowledge of, and experience in, investment matters;
- details of our interactions with you and the products and services you use;
- subject to the requirements of applicable law, any records of phone calls between you and us;
- subject to the requirements of applicable law, video surveillance;
- where applicable, details of your nomination of a mandate;
- identifiers we assign to you, such as your client or account number, including for accounting purposes;
- when you access our website, data transmitted by your browser and automatically recorded by our server. When you visit our website, that website will contain additional information about how we use your information while you are visiting that website; and
- data necessary to fight against over indebtedness.
In certain circumstances, we may collect and use personal data of individuals with whom we could have or previously had a direct relationship, such as prospects.
We may also collect information about you where you do not have a direct relationship with us. This may happen, for instance, when your personal data are provided to us by one of our clients or third parties if you are, for example:
- family members;
- co-borrowers / guarantors;
- legal representatives (power of attorney);
- beneficiaries of payment transactions made by our clients;
- beneficiaries of insurance policies and trusts;
- landlords;
- ultimate beneficial owners;
- clients' debtors (e.g. in case of bankruptcy);
- company shareholders;
- representatives of a legal entity (which may be a client or a vendor); and
- staff of service provider and commercial partners.
Before providing BCP with this information, our clients or third parties should provide a copy of this Notice to you.
We never ask for personal data related to your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership, genetic data, data concerning your sexual orientation or data relating to criminal convictions and offences, unless it is required through a legal obligation.
The data we use about you may be:
- directly provided by you; or otherwise
- obtained from
- public registers;
- public administration or other third-party sources, such as credit reference agencies, fraud prevention agencies, intermediaries that
- facilitate data portability;
- websites/social media pages containing information made public by you (e.g. your own website or social media); and
- databases made publicly available by third parties.
2. On which legal basis and for which purposes do we process your personal data?
a. To comply with our legal and regulatory obligations
We use your personal data to comply with various legal and regulatory obligations, including:
- banking and financial regulations in compliance with which we:
- set up security measures in order to prevent abuse and fraud;
- detect transactions which deviate from normal patterns;
- define your investment profile, credit risk score, etc.;
- ensure a good risk management of BCP;
- reporting obligations vis-à-vis the relevant local and foreign authorities,
- record, subject to the requirements of applicable law, phone calls, email, etc.; and
- reply to an official request from a duly authorized public or judicial authority.
- prevention of money-laundering and financing of terrorism;
- compliance with legislation relating to sanctions and embargoes; and
- fight against tax fraud and fulfillment of tax control and notification obligations.
b. To perform a contract with you or to take steps at your request before entering into a contract
We use your personal data to enter into and perform our contracts, including to:
- provide you with information regarding our products and services;
- assist you and answer your requests;
- evaluate if we can offer you a product or service and under which conditions; and
- provide products or services to our corporate clients of whom you are a member of staff, a shareholder, a beneficial owner or a client.
c. To fulfill our legitimate interest
We use your personal data in order to deploy and develop our products or services, to improve our risk management and to defend our legal rights, including:
- for the fulfillment of the internal requirements of BCP, including credit- and risk management, audit and management purposes to assure the sound and responsible management of BCP and of BCP Group;
- for the prevention and investigation of crime, as well as fraud prevention;
- for the establishment, exercise and defense of legal claims;
- to assure the safety and continuity of our services;
- to assure a proper IT management including business continuity and IT security;
- for general management and development of our services, systems and products;
- for client advisory services, sales, including profiling; and
- for undertaking transactional and statistical research and market research.
d. To respect your choice if we request your consent for specific processing
In limited cases, we might require your consent to process your personal data, in particular:
- if we need to carry out further processing for purposes other than those as defined in section 2 hereof, and
- when your consent needs to be obtained where required by applicable laws
3. Who has access to personal data and with whom are they shared?
In order to fulfill the aforementioned purposes, but subject to applicable law relating to information sharing, we only disclose your personal data to the following parties:
a. Within BCP Group
Some of your non-identifying personal data may be disclosed to BCP Headquarters for reasons linked to IT support and processing, and risk control.
b. Outside BCP Group
The following third parties may receive your personal data:
- other financial institutions, including in particular credit institutions, insurance companies and payment and credit card issuers (as may be consented by you, from time to time);
- external service providers whose participation is necessary for the provision of services to clients, in particular in the information technologies, payments and communication sector.
- independent agents, intermediaries or brokers and specialized partners, with which we have a regular relationship;
- financial, taxation, regulatory or judicial authorities, state agencies or public bodies, upon request and to the extent permitted by law;
- certain regulated professionals, such as lawyers, notaries or auditors;
- any counterparty, custodian, depositary, broker or nominee appointed or instructed by us on your behalf, or on behalf of the entity you represent, or through whom we may deal or transact in relation to your account or for purposes otherwise ancillary to the provision of services provided by us to you or the administration of your account; and
- fraud prevention agencies in order to check the identity of the client or individuals or to investigate or prevent money laundering, fraud or other illegal activity.
In accordance with legal and regulatory obligations concerning the automatic exchange of information with participating countries, BCP may have to disclose some personal data relating to the client's tax residence status to our local tax authorities. Such local tax authorities may disclose the data communicated by BCP to each competent foreign tax authority in accordance with applicable legal and regulatory requirements.
4. Transfers of personal data outside Switzerland or the EEA
In principle, we do not transfer your personal data outside Switzerland for the Headquarter and the European Economic Area (“EEA”) for our Luxembourg Branch, as mentioned in section 3 a) hereof, and ii) as otherwise consented by you from time to time. Subject to the foregoing, BCP will only do so if required pursuant to a legal or regulatory obligation or by a duly empowered public authority or, more generally, within applicable legal limits.
In such cases, BCP will satisfy itself that an adequacy decision has been adopted by the European Commission or, where applicable, that suitable guarantees are in place (for example: the adoption of standard data protection clauses, adherence to a code of conduct or certification).
5. How long do we store your data?
We will retain your personal data for the longer of:
(i) the period required by applicable law; or
(ii) such other period necessary for us to meet our operational obligations, such as: proper account maintenance, facilitating client relationship management, and responding to legal claims or regulatory requests.
We will retain your personal data for the longer of:
Most personal data collected in relation to a specified client is kept for the duration of the contractual relationship with such client plus a specified number of years after the end of the contractual relationship or as otherwise required by applicable law. If you would like further information on the period for which your personal data will be stored or the criteria used to determine that period, please contact us by completing the Contact Form available on our internet Website.
6. What are your rights and how can you exercise them?
You, as data subject, have the following rights:
- to access: you can obtain information relating to the processing of your personal data and a copy of such personal data.
- to rectify: where you consider that your personal data is inaccurate or incomplete, you can require that such personal data be modified accordingly.
- to erase: you can require the deletion of your personal data, to the extent permitted by law.
- to restrict: you can request the restriction of the processing of your personal data.
- to object: you can object to the processing of your personal data, on grounds relating to your particular situation.
- to withdraw your consent: where you have given your consent for the processing of your personal data, you have the right to withdraw your consent at any time.
- to data portability: where legally applicable, you have the right to have the personal data you have provided to us be returned to you or, where technically feasible, transferred to a third party.
If you are a customer and you wish to exercise the abovementioned rights, you may submit a request,, with proof of your identity (please include a scan/copy of your identity card for identification purpose), as follows:
- by post, to Banque de Commerce et de Placements S.A., rue de la Fontaine 1, PO Box 3069, 1211 Genève 3 or
- by completing the Contact Form on our internet website
7. Security note
We have in place appropriate technical and organizational measures to prevent unauthorized or unlawful access to the personal data you have provided to us. As complete data security cannot be guaranteed for communication via e-mails and similar means of communication. In that respect, we would recommend sending any particularly confidential information by an alternative secure means.
8. Changes to personal data
We are committed to keeping your personal data accurate and up to date. Therefore, if your personal data change, please inform us of the change as soon as possible.
9. Status of this Notice
This Notice is a notice explaining what BCP does, rather than a document that binds BCP or any other party contractually. We reserve the right to amend it from time to time.
We invite you to review the latest version of this Notice online and we will inform you of any material changes through our website or through our other usual communication channels.
Cookie usage policy
BCP is particularly attentive to your expectations and we want to preserve the trust you have in us. Regarding the personal data that you entrust to us, we inform you transparently about our policy on the deposit and use of cookies from our site.
What is a cookie?
Cookies are small text, image or software files that are placed and stored on your computer, smartphone or other device that allows you to browse the Internet when you visit a website. Cookies allow a website to recognize you, signal your passage on a particular page and provide you with an additional service: improving your browsing comfort, securing your connection or adapting the content of a page to your hobbies.
The information stored by cookies, during a period of limited validity, include the pages visited, advertisements you clicked, the type of browser you use, your IP address, the information you entered on a site so you do not have to enter them again.
Types of cookies placed by the BCP site
Cookies essential for navigation (technical cookies)
Functionality cookies
These cookies are essential for your browsing because they allow to optimize the functioning of our site and to give you access to specific functionalities. They also allow you to adapt the graphic rendering of the site to the display preferences of your terminal. These cookies allow you to have a smooth and tailored navigation
Statistical cookies
These are cookies that allow us to know the performance of our site, to establish statistics of the volumes of attendance and use of the various elements of our site (content visited, routes). These cookies allow us to improve the interest and usability of our services (the pages or sections most often consulted, the most read articles, ...). Cookies are also used by us to count visitors to a page and to detect any anomalies in the functioning of the site.
Analytics cookies
These cookies allow us submitting anonymous activity data to analytics software. These data help us to improve the website.
YOUR CHOICES IN COOKIES
Cookies improve your browsing comfort on our site and are essential to access certain secure areas. If you decide to block all cookies via your internet browser, you will only be able to visit the public part of our site and will no longer be able to access your secure client area. By continuing your navigation on our site, you accept the deposit of cookies on your navigation terminal. You can reconsider this decision at any time by opposing the deposit of cookies.
Right of access and opposition
In accordance with the regulations, you have the right to object and access your data.
You can oppose the deposit of statistical cookies or cookies making it possible to optimize the advertising content addressed to you by the following means by using the appropriate parameters of your browser concerning cookies, private browsing mode or even the "Do Not" setting. Track "from your browser.
Depending on your browser, you have the following options: accept or reject cookies of all origins or from a given provenance or program the display of a message asking for your consent each time a cookie is placed on your terminal .
To express or return to your choices, refer to the help menu or the dedicated section of your browser.”
Fraud alert
Like many other banks, our trade BANQUE DE COMMERCE ET DE PLACEMENTS or “BCP" is used from time to time by malicious people to extract funds from potential victims whom they generally contact by mail, email or telephone.
In certain cases, the fraudsters are likely to create false sites on the internet, usurping the Company Name of Banque de Commerce et de Placements (BCP).
In addition, they do not hesitate to impersonate people working in the bank to give greater credibility to their messages. Investment products, loans or credits thus appear to be offered by alleged employees or managers of the BCP Group.
Fraudsters may also request that certain information and documents containing personal data be sent to them to constitute the alleged investment, loan or credit file, data which can then be reused in the context of 'other frauds’.
BCP does not solicit business by telephone, mail or electronic mail.
Consequently, the greatest vigilance must be observed on false offers of whatever nature presented as originating from BCP.
BANQUE DE COMMERCE ET DE PLACEMENTS:
- invites recipients of proposals made on behalf of the BCP by mail, email or telephone to exercise the utmost vigilance and prudence, knowing that BCP does not solicit such transactions;
- files a criminal complaint, whenever necessary, for any use or attempted use of its business name, the names of its officers or employees, its logo and its signs for fraudulent purposes;
disclaims all liability vis-à-vis potential victims who must refer to their local financial police authorities or their diplomatic representation abroad;
agrees to receive all correspondence relating to these acts or attempted fraud, without obligation of service on his part.
Practical tips for detecting fraud:
- check the structure of the email address of the messages received;
- avoid responding to messages from private addresses (gmail, yahoo, hotmail, etc.) and relating to BCP banking services;
- avoid clicking on a link in a message whose author is not identified;
- avoid any request for private or financial information from an unauthenticated source;
- avoid any service offer requesting your membership or personal information
- in case of doubt, contact BCP using the contact form on the official BCP website: https://www.bcp-bank.com
ESISuisse
Deposit insurance protects the credit balances of private and corporate clients in the event of a bank or securities firm’s bankruptcy. This guarantee is regulated by law.
The protection is limited to a maximum of CHF 100 000 per client and institution. Multiple accounts are added together.
esisuisse guarantees that it will cover protected deposits as part of the self-regulation of Swiss banks and securities firms.
Deposits at Banque de Commerce et de Placements S.A. are covered by the deposit insurance scheme.
Detailed information at esisuisse.ch.
