General terms of use and data protection provisions

Version 2.0 dated 25/05/2018

 

Disclaimer

The publication platform on 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.

A. General terms of use


1.    General
ACOLIN InfoTech AG (“the Operator”) headquartered in Zurich (Switzerland) is the owner of this internet platform www.fundpublications.com (“FundPublications”), and also performs further services that are independent of FundPublications within information and communication technology for third parties. FundPublications is an electronic platform recognised by the Swiss Financial Market Supervisory Authority (FINMA) as defined in Art. 39 CISO.
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 in the current version from 25/05/2018 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 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.    No 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 a prompt to subscribe of 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. 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. 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. favourites function). 
The Operator is therefore, to the extent legally possible, 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, even if the Operator was informed about the possibility of said damage.


5.    References and links
The FundPublications website may contain hyperlinks which link to third-party websites. These links are 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 their documents itself to be published (external information). As a pure information service provider, the Operator does not 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, as well as 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:
•    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;
•    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;
•    use the website or platform or information contained on it for legal or immoral purposes;
•    make the data or documents published on the platform available for a fee;
•    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) Favourites list
    Users can create a list of favourites with sub-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 notification
    Users can request notifications for documents in their favourites lists by email. They can do this either
•    only for legal documents, or
•    for all new documents published.
     In order to do this, users must add the relevant funds to their favourites list and activate the notification in their account settings.


9.    No performance or currency guarantee
Past performance is no indicator of current or future performance. Investments in foreign currencies may also be subject to currency fluctuations and therefore may involve higher risks. 
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 check, 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.    Local and other legal restrictions
FundPublications includes information and documents about 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.

Individual country-specific or person-specific sales restrictions may apply for the products published on FundPublications. Investors have to observe the corresponding products conditions of the issuer at their own responsibility.


12.    Account closure
Users can close their account at any time by sending an email to contact@fundpublications.com or following the instructions in their profile settings.
The Operator reserves the right to close 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 closure is complete.

B. Data protection provisions


13.    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 the user data as well as possible.
The responsible body is ACOLIN InfoTech AG. For more information, please refer to the legal notice. If you have questions or comments about these data protection regulations, you can contact us as follows:


ACOLIN InfoTech AG
Affolternstr. 56
8050 Zurich, Switzerland
Email: dataprivacy@fundpublications.com
Telephone: +41 44 396 95 00

Unless otherwise stated, these terms are governed by REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on free data communications and repealing directive 95/46/EC (General Data Protection Regulation, hereinafter “GDPR”).


14.    Log files and user profile
When visiting FundPublications, the following personal data of the user can be stored temporarily:
•    Selected personal investor category (qualified or non-qualified investor)
•    Country of residence
•    Selected language of the platform
•    IP address
•    Date and time of access
•    Web browser used and web browser version
•    Referrer URL
•    User’s operating system
•    Domain name of the user’s internet provider

The Operator collects the personal data of users primarily for the purpose of operating a publishing platform subject to all statutory requirements and to ensure the optimum operation of the platform with all functions.
The legal basis for the processing of personal data using log files is Article 6 (1) lit. f GDPR and Art. 13 Para. 1 and 2 DSG (Federal Data Protection Act, Switzerland).
The collected data will be deleted after three months at most. The right to observe conflicting statutory storage obligations or official instructions is reserved.

If the user creates an account on FundPublications, the following personal data will also be stored:
•    First name, surname
•    Email address
•    Compilation of a personal list of favourites
•    Email alerts (when and how often has a user received email alerts)
Further data can be saved using cookies (see the following sections).
The data is processed in order to set up and maintain the user account and to be able to perform the associated services. 
The legal basis for the processing of personal data using log files is Art. 6 (1) lit. b and f GDPR and Art. 13 Para. 1 and Para. 2 lit. a DSG,
The personal data will be deleted within 14 months if a user account is closed. The right to observe conflicting statutory storage obligations or official instructions is reserved.

The personal data can only be forwarded within ACOLIN Holding AG and its subsidiaries (“ACOLIN”) for the stated purpose. Please note that any data transfer to ACOLIN InfoTech D.O.O., based in Belgrade, Serbia, is covered by a contract based on the EU standard contractual clauses. 
The Operator does not make the personal data collected accessible to other third parties, unless this is required to fulfil its statutory or contractual obligations arising from the operation of the platform (e.g. platform hosts or data centre operators). In such cases, the Operator requires the contractual assurances from these third parties that they will treat personal data as confidential or the information will only be transferred in an anonymous and/or encrypted form. 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.
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.

 

15.    Google Analytics
This website and/or platform uses Google Analytics, a web analysis service of Google Inc. (“Google”). This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID, thereby analysing the activities of a user across devices. 
Google Analytics also uses cookies (see paragraph 6 above). 
The information generated by the cookies about your use of our websites (such as web browser used and web browser version, the user’s operating system, the domain name of the user’s internet provider, referrer URL, shortened IP address) are generally transferred to a Google server in the US and stored there. 

We only use Google Analytics with IP anonymisation activated. This means that the IP address used will be shortened by Google within member states of the European Union or in other signatory states 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. This means that ACOLIN is no longer able to produce a reference to a particular person. Google uses this information on our behalf to evaluate your use of the website, to compile reports on website activity and to provide other services related to website and internet usage to the website operator. The IP address provided by your browser to Google Analytics will not be combined with other Google data. 
If you do not wish this to be done, you may prevent the collection of the data generated by the cookie and relating to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by using the link below to download and install the available browser plug-in: Browser add on for deactivation of Google Analytics: https://tools.google.com/dlpage/gaoptout?hl=en.
You can also prevent the storage of cookies by setting up your browser software accordingly; however, please note that if you do this, you may not be able to use all the features of this website to their fullest extent.
More information on this can be found here (general information on Google Analytics and data protection). 
The collected data will be deleted automatically after 14 months at most. 
The legal basis for the use of Google Analytics is Art. 6 para. 1 lit. f GDPR and Art. 13 Para. 1 and 2 DSG, as the Operator relies on the information obtained for the purpose of improvement and only uses anonymised data.


16.    Cookies
The Operator uses other cookies 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. Some elements on our website require it to be possible to identify the accessing browser even after the page has been changed. “Permanent cookies” remain stored on the device until they are deleted manually by the user. These cookies enable the Operator to recognise 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.
 The legal basis for the processing of personal data using cookies is Art. 6 (1) lit. f GDPR and Art. 13 Para. 2 DSG, as they contribute significantly to the operation of the website in accordance with its purpose.


17.    User rights
Users have the following rights if the legal requirements exist:
Users may request information on the relevant data collection and processing from the Operator at any time. In addition, users may refuse the processing of their personal information or may demand the deletion of their personal information. Users may also request restrictions on the processing of their personal data. 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 personal data. 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 dataprivacy@fundpublications.com or send a written letter to ACOLIN InfoTech AG, Affolternstrasse 56, 8050 Zurich.
Lastly, depending on the applicable law, user will have the right to complain to a supervisory authority, in particular in their state of their residence, their place of work, or location of an alleged infringement, if they are of the opinion that the processing of their personal data violates the GDPR.


18.    Data security 
The Operator shall take appropriate measures to ensure the security of the users’ personal data. 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).


19.    Forwarding to third parties in general
The Operator forwards personal data only as described in these terms and conditions. This is performed as far as possible using encryption. However, an unencrypted transfer may take place within ACOLIN Holding or the Operator may pass on all data to its affiliate companies for processing, although this must in all cases be associated with the specific purpose.


20.    Contact form
A contact form will be provided, which can be used for electronic communication. If a user decides to use this option, the data entered in the input screen will be transferred to us and saved. This data includes:
•    Surname, first name
•    Company
•    Email address
•    Telephone number
•    Content of message

When the message is sent, the following data is also saved:
•    The IP address of the user
•    Date and time of transfer


Alternatively, it is possible to contact us using the email address provided. In this case, the user’s personal data transmitted by e-mail will be stored. 
In this context, there is no disclosure of the data to third parties, with the exception of the aforementioned disclosure within ACOLIN Holding. The personal data from the input screen is used exclusively for processing the contact and the conversation. The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.
The legal basis for processing the transmitted data is Art. 6 Para. 1 lit. f GDPR and Art. 13 Para. 2 DSG, because the contact cannot be handled and answered without processing. If the email contact is aimed at concluding a contract, then additional legal basis for the processing is Art. 6 Para. 1 lit. b GDPR and Art. 13 Para. 2 lit. a DSG.
Users may revoke their consent for the processing of personal data at any time. If users contact the Operator by email, they may object to the storage of their personal data at any time. In such cases, however, the conversation cannot continue. All personal data stored in the course of the contact will be deleted in this case. Without revocation, the data is deleted as soon as it is no longer required. The aforementioned legal provisions are reserved.


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

C. Common provisions


22.    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 and provisions contained in this Disclaimer and in these terms of use to a third party at any time without prior notification.


23.    Severability clause
If individual the provisions prove to be invalid, ineffective or unsatisfiable, 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 unsatisfiable clause with a valid, effective and satisfiable provision, which most closely reflects the content of the original intention of the parties.


24.    Legally binding version
Only the German version is legally binding.


25.    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.


26.    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.