Privacy Policy

Privacy Policy

Website Terms & Conditions

These terms and conditions of use (these “Terms and Conditions”) apply to this website (collectively, the “Site”) and your use thereof. Please read these Terms and Conditions carefully before using the Site. These Terms and conditions are used to inform you about the Personal Data[1] we collect, how we intend to use and share it, and the rights you have with regard to your Personal Data. By accessing and continuing to use the Site, you acknowledge that you have read, understood and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not access or use the Site. Tiedemann Costantia reserves the right, at Tiedemann’s discretion, to change, modify, add or remove portions of these terms at any time. Modifications will be effective immediately upon posting unless Tiedemann Costantia indicates otherwise. Therefore, Tiedemann Costantia suggests that you review these terms periodically for changes. By using the Site after Tiedemann Costantia has posted changes to these Terms and Conditions, you are agreeing to be bound by these terms as amended.

 

What Personal Data Do We Collect and How Do We Use It

The types of Personal Data we may collect depends on the nature of the relationship you have with Tiedemann Costantia and the requirements of applicable law. We do not engage in automated decision making when processing your Personal Data. Below is a description of some of the ways that we collect Personal Data, the types of Personal Data collected, how we use it and the legal bases for processing your Personal Data. Personal Data Tiedemann Costantia collects from or on behalf of its Clients includes the title, name, address, phone number, email address, business or Adviser affiliation, government identification (driver’s license, passport), financial information related to payments, agreements executed with Tiedemann Costantia and other details Clients may provide. In certain Client engagements, we may collect employee and other information about our Clients, as well as employee or other Personal Data of others who have a relationship or otherwise interact with our Clients.

Tiedemann Grants You a Limited Right to Use the Site
You may not violate or attempt to violate the security of the Site. At any time and for any reason Tiedemann Costantia may revoke your right to use all or any portion of the Site.

Disclaimer
All content is for informational purposes only. Nothing contained in the Site constitutes investment, legal, accounting or tax advice and you should not consider any such information on the Site to be the same. Neither the information nor any opinion contained in the Site constitutes a solicitation or offer by Tiedemann Costantia or any fund or other entity managed directly or indirectly by Tiedemann Costantia to buy or sell any securities, futures, options or other financial instruments. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy. Tiedemann Costantia does not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Decisions based on information contained on the Site are the sole responsibility of the visitor. If you would like investment, accounting, tax, or legal advice, you should consult with your own financial advisors, accountants, or attorneys regarding your individual circumstances and needs.

There are various risks you assume in relying on the content. Dated content speaks only as of the date indicated. Tiedemann Costantia makes reasonable efforts to provide accurate content, but at times may not promptly update or correct the Site even if it is aware that the content is inaccurate, outdated, or otherwise inappropriate. Tiedemann Costantia may change all or any portion of the Site at any time without notice to you. Tiedemann Costantia does not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. You agree Tiedemann Costantia is not liable for any action you take or decision you make in reliance on any content.

Tiedemann Costantia further assumes no responsibility for and makes no warranties regarding the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery of the functions contained at this Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Tiedemann Costantia shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer as a result of your accessing this Site.

Tiedemann Costantia is not liable for any technological problems regarding the Site or any impact they may have. All or any portion of the Site may not be available and may not function properly at any time. Tiedemann Costantia makes reasonable efforts to avoid technological problems, but at any time, the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines. Tiedemann Costantia takes reasonable security precautions when using the internet, telephone, or other means to transport data or other communications, but Tiedemann Costantia disclaims liability for any interception of data or communications. Tiedemann Costantia makes reasonable efforts to ensure that the Site is secure, but Tiedemann Costantia does not guarantee the security of the Site. Tiedemann Costantia is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site. Tiedemann Costantia is not liable for any defects, delays, or errors in or resulting from your use of the Site.

Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including without limitation images, illustrations, designs, icons, photographs, video clips and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Tiedemann Costantia. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Tiedemann Costantia’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Tiedemann Costantia. Tiedemann Costantia will not treat users of this Site as its clients by virtue of their accessing this Site

 

Legal Bases for Processing Personal Data[2]

We will only use your Personal Data where we have a legal basis to do so, including where the processing is necessary for:

  • us to comply with the law;
  • the performance of Tiedemann Costantia’s duties under its client advisory agreements; or
  • Tiedemann Costantia’s legitimate interests or those of a third party. For example, to:
    • provide investment services to manage your account’s investments;
    • respond to questions and requests or otherwise correspond with you in connection with your account’s investments; and
    • keep internal records.

We only rely on these interests where we have considered that, on balance, our legitimate interests are not overridden by your interests, fundamental rights or freedoms.[3]

 

Right to Opt Out

Where you have consented to the Tiedemann Costantia’s processing of your Personal Data, subject to applicable legal obligations, you may withdraw that consent at any time and opt-out.[4]

 

Individual Rights

Tiedemann Costantia adheres to applicable data protection laws in the EEA, which, if applicable under the GDPR, include the following rights:

  • [If the processing of Personal Data is based on your consent, you have a right to withdraw consent at any time for future processing;] [5]
  • You have a right to request from us, where we act as a “data controller”[6] as defined in the law, access to and rectification of your Personal Data;
  • The right to have incomplete or inaccurate Personal Data corrected;
  • In some limited circumstances, the right to receive your Personal Data in a structured, commonly used and machine-readable format and/or request that Tiedemann Costantia transmit such data to a third party where this is technically feasible;
  • You have a right to lodge a complaint with a data protection authority. The details for the [JURISDICTION] data protection authority are included below;[7]
  • The right to restrict the use of your Personal Data;
  • The right to object to the processing your Personal Data when we rely on our legitimate interest; and
  • The right to ask us to delete your Personal Data in some limited circumstances.

 

 

Jurisdictional Issues
The Site is controlled and operated by Tiedemann Costantia from its offices within Zurich, Switzerland. Tiedemann Costantia makes no representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tiedemann Costantia to any registration or other requirement within such jurisdiction or country. Tiedemann Costantia reserves the right to limit access to the Site to any person, geographic region, or jurisdiction.

 

Links to Other Web Sites and Services
Tiedemann Costantia does not review or monitor any websites linked from or to the Site and your following links from or to such websites is at your sole risk. Accordingly, Tiedemann Costantia cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Tiedemann Costantia be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Tiedemann Costantia with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites.

Liability
Tiedemann Costantia’s liability with respect to the site is limited to the maximum extent permitted by law. As a condition of use of this site, you agree to indemnify Tiedemann Costantia or any of Tiedemann Costantia’s affiliates, agents, or employees from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of these terms and conditions, the site, or the inability to use the site. Tiedemann Costantia’s liability is limited even it Tiedemann Costantia has been advised of the possibility of the damages you suffer or it any remedy you have fails in its essential purpose.

Monitoring of Site
Tiedemann expressly reserves the right to monitor any and all use of this Site. Tiedemann is under no obligation to do so and assumes no responsibility or liability arising from the use of this Site.

Privacy and Security Policy
Applicable law requires financial institutions to inform clients of their policies relating to the protection of personal financial information. The following statement explains how Tiedemann handles the information that we receive about our clients. Tiedemann is committed to protecting the privacy and confidentiality of non-public personal customer information. Personal information is any data that identifies clients or their accounts.

 

  1. Security
    The security of all Personal Data provided to Tiedemann Costantia is important to us, and Tiedemann Costantia takes reasonable steps designed to protect your Personal Data. Tiedemann Costantia maintains administrative, technical and physical safeguards designed to protect Personal Data that is received against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
    10.    Redress/Compliance and Accountability
    If you have any questions or comments regarding this Notice, Tiedemann Costantia’s privacy practices, or if you would like us to update information or preferences you provided to us, please contact us via email at [email protected]

Tiedemann Costantia will address your concerns and attempt to resolve any privacy issues in a timely manner, and may contact individuals at Tiedemann Costantia’s service providers to assist in completing your requested task.

Please be aware that you also have a right to approach the body regulating data protection for your country with any concerns you may have. [Update with information for local regulator.]

Changes to this Privacy Notice
Tiedemann Costantia may update this Notice from time to time as it deems necessary or appropriate in its sole discretion. If there are any material changes to this Notice, Tiedemann Costantia will notify you by email.

Sharing as Permitted or Required by Law
Tiedemann may disclose information to non-affiliated third parties as allowed by law. For example, this may include a disclosure in connection with a subpoena or similar legal process, a fraud investigation, recording of deeds of trust and mortgages in public records, an audit or examination, or the sale of an account to another financial institution. Your Personal Data may be transferred to our affiliates, associates and relevant authorities in the U.S. for the purposes identified above. Any such transfer of Personal Data shall take place only in accordance with and as permitted by the GDPR. Where Tiedemann Costantia transfers Personal Data outside of the European Economic Area (“EEA”), we have put in place appropriate safeguards (such as Standard Contractual Clauses). If you would like to request a copy of the safeguards we have in place, you can do so by emailing us at [email protected] Please be aware that the laws and practices relating to the protection of Personal Data outside the European economic area.

Tiedemann Costantia Website Terms and Conditions: Last updated September 2019

[1]   “Personal Data” is any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

[2]       Note to Draft:  Individuals should be able to identify which use of the data is based on which purpose (e.g., providing investment services can be based on the performance of the contract, etc.), and this section should be updated, as applicable, to accommodate this. Further, one should keep in mind that compliance with law as a legal basis is not available for non-EU related laws. Finally, when the Client is an entity, it would be good to include a discussion on the allocation of responsibility between the Client and Tiedemann Costantia in relation to employee data that is collected and processed (Tiedemann Costantia can expect the Client to inform its employees that their data might be shared with Tiedemann Costantia).

[3]      Note to Draft:  Please note that this should be documented by Tiedemann Costantia (outside of this Notice but proper documentary evidence should be maintained).

[4]     Note to Draft:  To be confirmed whether Tiedemann Costantia will be relying on consent as a legal basis for the collection of data. If consent is used as a legal basis, the Notice needs to specify the circumstances under which Tiedemann Costantia will rely on consent.

[5]     Note to Draft:  To be confirmed whether Adviser will be relying on consent as a legal basis for the collection of data.

[6]     Note to Draft:  Individuals should know when Tiedemann Costantia acts as a data controller (see earlier comments).

[7]     Note to Draft: To be updated based on relevant jurisdiction. Consider revising this further to provide more information to data subjects, as they are allowed to lodge a complaint either to “their” data protection authorities or the one Tiedemann Costantia has identified.