Identification

Select your investor category and domicile and confirm that you have read and understood the legal notes.

according to art. 10 para. 3, 3bis and 3ter of the Collective Investment Schemes Act (CISA) in conjuction with art. 6 and 6a of the Collective Investment Schemes Ordinance (CISO)
according to art. 10 para. 1 of the Collective Investment Schemes Act (CISA)

General terms of use and data protection provisions

Disclaimer

The publication platform at www.fundpublications.com is aimed exclusively at persons with a place of residence or registered office in one of the countries that can be selected in advance.

The correct designation of the investor category is the sole responsibility of the user of this platform.

It is expressly stated that none of the information contained on the publication platform constitutes a recommendation, an offer or an invitation to purchase or sell a financial instrument.

The correct designation of the investor category is the sole responsibility of the user of this platform.

It is expressly stated that none of the information contained on the publication platform constitutes a recommendation, an offer or an invitation to purchase or sell a financial instrument.

I. General terms of use and data protection provisions

Version 1.0 dated 01/01/2017

A. General terms of use

1. General

ACOLIN InfoTech AG (the “Operator”) with registered office in Zurich (Switzerland) is the owner of this online platform www.fundpublications.com (“FundPublications”) and also renders additional information and communication technology services to third parties which are independent of FundPublications. FundPublications is a medium of publication recognised/authorised and monitored by the Swiss Financial Market Supervisory Authority FINMA.

These terms and conditions of use and data protection provisions apply for the entire contents of FundPublications and its use by visitors to the platform (“users”). They are valid from 01/01/2017 and supersede all previous information. Persons who access the information on FundPublications or use it (for their own purposes or for a third party), declare themselves in agreement with the following conditions.

2. Availability, accuracy and currency of information

FundPublications is used solely for information purposes. It is a platform that publishes information, data and documents provided by third parties regarding funds, but the platform does not check content.

The Operator takes the greatest reasonable care to ensure that the information is correct at the time of publication. The Operator cannot, however, provide any assurance or guarantee with regard to the accuracy, reliability or completeness of the published information or of the offered functions (e.g. alert function) or that said information is up to date.

The information published on FundPublications can be changed at any time without prior notification. Information published on FundPublications should therefore not be understood in such a way that circumstances have not changed since publication, or since disclosure to the supervisory authorities, or that the information is still current after its publication. The Operator recommends updating your Internet browser each time you visit the platform so as to ensure that you are accessing the newest version of the website each time.

3. Not investment advice

The information on FundPublications and the data, information and documents available on FundPublications in no way constitute an offer to purchase or sell or are an invitation to subscribe to securities or financial instruments. In addition, the information does not constitute a decision-making aid for economic, legal, or tax reasons or any other consulting matters and can also not replace such a decision-making aid. Investment decisions or other decisions must not be made solely on the basis of the data, information and documents received. Investments in investment products described on FundPublications should only be made after the corresponding prospectus, with the integrated fund agreement and the annual and semi-annual report and all basic legal information contained therein, have been studied in detail. The data, information and documents obtained through FundPublications do not take into account the specific or future investment objectives, financial or tax situation or the individual needs of the individual recipient. Tax treaties in particular are independent of individual circumstances and may change. Advice from a qualified expert is recommended in all cases. Special attention is to be paid to the risks associated with the respective investments in terms of fluctuations in value and earnings in particular.

4. Disclaimer of liability and warranty

To the extent legally possible, the Operator shall not be liable for damages caused by actions taken based on information or documents published on FundPublications. Furthermore, in accordance with applicable statutory provisions, no liability is assumed for the accuracy and completeness of the content of the platform. In addition, to the extent legally possible, the Operator cannot assume any guarantee or liability for the permanent and fault-free availability of the platform, the information contained on the platform or its functionalities (e.g. alert function). In particular, the Operator may suspend the platform at any time for the purpose of repairs or maintenance work or to update or improve the content or functionality.

The Operator is therefore not responsible for direct, indirect, special or accidental damage, consequential damage or other damage of any kind and or any cause in connection with the use of the platform www.fundpublications.com or in reliance upon the information available on the platform www.fundpublications.com, including business disruptions, lost use, data loss, lost profits or other pecuniary losses, whether in the framework of a complaint, negligence or other prohibited action, even if the Operator was informed about the possibility of said damage.

In addition, to the extent legally possible, the Operator assumes no liability for damage in particular caused by malware, such as viruses on www.fundpublications.com.

5. References and links

The FundPublications website may contain hyperlinks which link to third-party websites. These links are completely outside the influence of the Operator, since these are added by various data suppliers of the Operator or the fund providers of the corresponding investment funds themselves in documents to be published by them (external information). As a pure information service provider, the Operator cannot check the hyperlinks and is not required to review linked content. Therefore, the Operator assumes no responsibility of any kind for the accuracy, completeness and legality of the content of such third-party websites, nor for any offers and services contained thereon.

6. Use of the platform

The users of FundPublications are not permitted to take the following actions without the prior written consent of the Operator:

  • to systematically copy parts of the website or platform (be it as a printout on paper, storage on all types of data storage media or otherwise), unless a download function is expressly provided. This applies in particular to professional market data distributors;
  • to remove or change the content of the website or platform or make it incomprehensible or use material included on FundPublications in a way not provided for in these terms of use;
  • to use the website or platform or information contained on it for legal or immoral purposes;
  • to make the data or documents published on the platform available for a fee;
  • to create links to FundPublications.

7. User information

The users of FundPublications must state their personal investor type (e.g. in Switzerland: qualified or non-qualified investor) and country of domicile when visiting the platform. The range of information and documents subsequently available on investment funds is intended exclusively for users corresponding to the respective investor type. Providing an incorrect investment type can lead to the display of information and documents of investment funds not intended for the user. Users are obliged to provide the correct investor type. The Operator cannot be held liable for damages or inconvenience arising from the user providing an incorrect investor type.

8. Functionalities

Users can use the following functions after successfully registering on FundPublications:

a) List of favourites
    Users can create a list of favourites with funds by selecting the option “Add to favourites”. In their accounts, users can also view the list and edit it accordingly if required.

b) Email alert
    Users can request alerts by email by making a personal subscription. They can do this either

  • for legal publications (investors information) only, or
  • for all new documents published.

To do so, the user must include the relevant fund in its list of favourites and activate the “Add to favourites” function.

9. No performance or currency guarantee

The value of the investment fund can rise and fall at any time. The future performance of investment products cannot be derived from the historical performance shown. For this reason, good past performance is not a guarantee of positive future performance. Investments in foreign currencies may also be subject to currency fluctuations and therefore may involve higher risks. The Operator cannot therefore warrant or guarantee that the value of the capital invested will be maintained (or will increase).

FundPublications may contain statements that focus on future developments or circumstances that have not yet occurred. Even if these forward-looking statements reflect the opinion and future expectations of the respective fund providers, a number of risks, uncertainties and other factors may mean that the actual developments and results deviate considerably from the expectations of the respective fund providers. The Operator is not required (and expressly excludes any such obligation) to update or amend forward-looking statements made by the respective fund providers, be that based on new information, future events or for other reasons.

10. Property rights

The entire contents of FundPublications are protected by the copyrights of the Operator, the various data suppliers of the Operator or the fund providers of the corresponding investment funds. Saving or printing individual pages and/or sub-areas of FundPublications is permitted, provided that neither copyright notices nor other legally protected names (e.g. trademarks) are removed.

All property rights relating to the content or the platform itself remain in each case with the Operator, the various data suppliers of the Operator or the fund providers of the corresponding investments funds and no licensing or ownership rights of any kind are granted to the user.

11. Disclosure of any existing interests

The Operator and/or the members of its board of directors, its managers and employees may own or have owned units in the listed investment products or positions with the relevant securities. It is also possible that relationships exist/did exist between such legal or natural persons and the fund providers/companies concerned, that they offered these companies other services or they that have/had joined their management as a director.

12. Local and other legal restrictions

FundPublications includes information and documents about numerous investment funds and is not intended for persons subject to a legal order that prohibits the publication of or access to the platform (due to the nationality of the person concerned, their tax residence or for other reasons). Persons who are subject to such local restrictions are not permitted to access FundPublications.

The documents and information obtained via FundPublications are therefore not intended for distribution or use by persons or entities with citizenship or place of residence or work in a location, state, country or court district, in which such a distribution, publication, provision or use violates laws or other provisions.

Further individual country-specific or person-specific sales restrictions may apply for the products published on FundPublications. Investors are responsible for observing the issuer’s corresponding product conditions.

13. Profile deletion

Users can delete their profile at any time, by sending an email to contact@fundpublications.com or by following the instructions in their profile settings.

The Operator reserves the right to delete a user’s account in the case of violations of the existing terms and conditions of use or data protection provisions on the part of the user. With the exception of gross violations, users will be given a deadline to secure their data before the deletion is complete.

B. Data protection provisions

14. Principle

The data protection provisions show which personal data the Operator collects, uses and handles and how this is done.

The Operator shall comply with the applicable data protection legislation and protect user data as far as possible.

15. Personal information collected

When visiting FundPublications, the following personal information of the user is temporarily stored:

  • Selected personal investor category (qualified or non-qualified investor)
  • Country of residence
  • Selected language of the platform

If the user creates a profile or registers on FundPublications, the following additional personal data is saved:

  • First name, surname
  • Email address
  • Compilation of the personal list of favourites
  • Alert Settings (how often and when a user has received an alert)

Further data can be saved using cookies (see the following sections).

16. Use of personal information

The Operator collects the personal information of users primarily for the purpose of operating a fund publishing platform subject to FINMA including all statutory requirements and to ensure the optimum operation of the platform with all functions.

The data is also used for marketing and research-related activities and to offer other administrative services, such as the establishment of user accounts. In addition, if applicable the usage patterns of the website can be analysed to determine how the FundPublications service can be improved.

If the user does not register on FundPublications or does not create a profile, the Operator shall not make their personal information accessible to third parties, unless this is required to fulfil its statutory or contractual obligations for the operation of the platform (e.g. platform host or data centre Operator). In such cases, the Operator requires the contractual assurances from these third parties that they will treat your personal information as confidential or the information will only be transferred in an anonymous and/or encrypted form.

Exceptions also arise if such a disclosure is prescribed by law or ordered by law enforcement agencies or supervisory authorities. In all other cases, the Operator shall disclose the personal information of users only with their prior express consent.

As a matter of principle, the information will not be sent to countries outside the EU. However, the Operator points out that the servers of the platform host used and/or the data centre are located in Germany, a country which has a level of legal protection equivalent to that of Switzerland.

17. Google Analytics

This website and/or platform uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies” – text files, which are stored on your computer and allow an analysis of the use of the website or platform. As a rule, the information generated by the cookies about the use of this website or platform is sent to a Google server in the USA and saved there. In the event that IP anonymization is activated on this website or platform, the IP address of the user will, however, be shortened by Google beforehand in member states of the European Union or in other states party to the Agreement on the European Economic Area.Only in exceptional cases is the full IP address transferred to a Google server in the USA and truncated there. On behalf of the Operator of this website or platform, Google will use this information to analyse the individual use of the website or platform, to compile reports on the website activities and to render further services associated with the use of the website and Internet use. The IP address transmitted by the user’s browser within the framework of Google Analytics will be combined with other data from Google under some circumstances.The user can prevent the storage of cookies through settings in its browser software; the Operator and Google point out, however, that in this case, the user may not be able to use all functions of this website or platform in full. In addition, the user can prevent the recording of the data generated by cookies and relating to its use of the website or platform (including your IP address) for Google and the processing of this data by Google by downloading and installing the browser plug-in available here.

More information on this can be found here (general information on Google Analytics and data protection). It should be noted that on this website, Google Analytics was expanded to include the code “gat._anonymizeIp();” to ensure the anonymized recording of IP addresses (so-called IP Masking).

18. OpenInbound cookie

OpenInbound is a solution to track contacts and their interactions on a website. The Operator can use this program to track user behaviour and thus optimize the FundPublications platform. Cookies must be used for this solution, which save the following user data:

  • IP address
  • Referrer (the website, through which the user came to the current website or file)
  • Page hits

Users can stop this storage by cookies in their browser settings. Unless deleted, several sessions will be grouped for a user.

19. Micro Feedbacks

To continuously improve the quality of services, the Operator can perform electronic surveys of users. The application used for this is called Micro Feedbacks. When participating in such a survey, the following data is saved:

  • IP address;
  • Device used;
  • Browser information;
  • Operating system;
  • Date and time that the website was accessed;
  • Answer to each question asked;
  • Feedback written by the users themselves.

The user can also specify the following data to be saved on a voluntary basis:

  • Name;
  • First name;
  • Phone number;
  • Email address.

20. Hotjar

The Operator may also use Hotjar, an all-in-one analysis and feedback tool from Hotjar Ltd. in Malta, which reveals the online behaviour and feedback of a website visitor. This shows the Operator the click or scrolling behaviour, for example, and the platform use can be made more user-friendly based on the results.

Without further registration (see below), the following data is generally collected:

Data specific to the end device:

  • IP address of your end device (collected and stored in anonymous form);
  • Size of the end device’s screen;
  • End device type (individual end device identifiers) and browser information;
  • Geographical location (country only);
  • Preferred language for displaying the website.

          Log data:

  • Referencing domain;
  • Pages visited;
  • Geographical location (country only);
  • Preferred language for displaying the website;
  • Date and time that the website was accessed;

In addition, a cookie is created as soon as the user minimises the recruiter so that it can still be displayed on each page (see the “Cookies” section below).

Hotjar collects the following information about users, provided that they explicitly register for the feedback function (or additional functions) through a recruiter (window to register for the Hotjar survey):

  • Surname, first name (input by user);
  • Age (input by user);
  • Place of residence (input by user);
  • Email address (input by user);
  • Telephone number (input by user);
  • Country of residence;
  • Device used;
  • Browser;
  • Operating system.

In addition, in this case, Hotjar creates a cookie so that the same Recruiter does not appear for the same user multiple times, even if the user moves to another page.

In this case, the data protection provisions of Hotjar apply: https://www.hotjar.com/privacy.

The data collected by Hotjar in Ireland, Europe stored on the Amazon Web Services infrastructure (eu-west-1 data centre).

21. Cookies

The Operator uses other cookies alongside those of Google Analytics in order to ensure the seamless use of the platform. These are predominantly “session cookies”.They are automatically deleted after the end of the user’s visit. “Permanent cookies” remain stored on the device until they are deleted manually. These cookies enable the Operator to recognize the user’s browser during the next visit.

Upon their first visit to FundPublications, the user is asked to select their country of residence and investor category (e.g. in Switzerland: qualified or non-qualified investor). The FundPublications website creates a cookie on the user’s computer or device so that this selection can be carried over for the following pages and the user can be shown the desired content.

The user can adjust its browser settings so that they are informed about the use of cookies and cookies that are only allowed in individual cases. The user may rule out the acceptance of cookies for certain cases or in general and activate the automatic deletion of the cookies when the browser is closed. When cookies are deactivated, the functionality of FundPublications may be limited.

For the individual cookies used, please refer to the respective sections of these data protection provisions.

22. User rights

The user can request information on the relevant data collection from the Operator at any time. In addition, users may refuse the processing of their personal information entirely or for specific purposes, and/or may demand the deletion of their personal information. It should be noted, however, that in this case, users will no longer be able to use the full functionalities of FundPublications. Of course, users will also be given a right to correct their information. The assertion of these rights is subject to any statutory obligations to the contrary on the part of the Operator.

In order to protect the above-mentioned rights, the user can send an email with a copy of proof of their identity (passport or ID) to contact@fundpublications.com or send a written letter to ACOLIN InfoTech AG, Affolternstrasse 56, 8050 Zurich.

23. Data security and storage

The Operator shall take appropriate measures to ensure the security of the users’ personal information. For example, steps shall be taken in particular to prevent unauthorised access to or the disclosure of or changes to the user data (e.g. firewalls, password protected systems, physical access restrictions).

Users’ personal information shall not be stored for longer than is necessary for fulfilment of the obligations specified in these terms of use and data protection provisions.

24. Express consent

By using FundPublications, the user declares their agreement with the existing data protection provisions and the data processing described therein.

The user also explicitly consents to the fact that their personal information may be stored and processed on servers outside Switzerland (see points15 and 20).

C. Common provisions

25. Transfer of the contractual relationship

By agreeing to these provisions, the user expressly agrees that the Operator may transfer the execution of each activity associated with the operation of the FundPublications platform or contractual relationships and the provisions contained in this Disclaimer and these terms of use to a third party at any time without prior notification.

26. Severability clause

If individual the provisions prove to be invalid, ineffective or unsatisifiable, this should not affect the validity, effectiveness and satisfiability of the remaining parts of the existing provisions.

The parties undertake in this case to replace the invalid, ineffective or unsatisifiable clause with a valid, effective and satisfiable provision, which most closely reflects the content of the original intention of the parties.

27. Legally binding version

Only the German version is legally binding.

28. Changes to the provisions

ACOLIN InfoTech AG reserves the right to make changes to the terms contained in these provisions at any time. Users who have previously agreed to the provisions will be requested upon their next visit to the platform to accept the amended provisions, otherwise they may not continue to use the FundPublications platform.

29. Jurisdiction and applicable law

The place of jurisdiction for disputes arising from these provisions is the registered office of the Operator. Swiss law shall apply (unless opposed by mandatory conflict-of-law rules). The application of the Vienna Convention on Contracts for the International Sale of Goods is excluded.