Disclaimer / Legal Notice

Persons who access the information published on SPW’s website (“SPW”) on the World Wide Web (“SPW Website”) agree to be bound by the following conditions:

1. Acceptance

Please read the following legal notes/conditions of use (hereinafter referred to as the “Conditions of Use”) carefully before accessing the website of SPW. By accessing the SPW website, you declare that you have understood the Conditions of Use and accept them in full. If you disagree with or do not understand one or more of the provisions in the present Conditions of Use, kindly leave the SPW website.

2. Restricted access

Access to the SPW website is not permitted to people who, especially on account of their nationality and/or place of residence, are subject to legal regulations that prohibit the publication of the content of the SPW website or access to the SPW website (no matter what the reasons). People to whom this restriction applies are forbidden from accessing the SPW website.

3. No offer

The information and opinions published on the SPW website do not constitute advertising, recommendations or encouragement, offers or invitations to (i) Purchase or sell investment vehicles; (ii) Conduct such transactions; or (iii) Conclude other legal business. They are exclusively for informational purposes. We cannot exclude the possibility that the described investment vehicles or services are unsuitable for you or are unavailable.

4. No advice

The information and opinions published on the SPW website do not serve as investment advice, nor do they constitute advice on legal, fiscal, business or other matters in any way. They are unsuitable as the basis for decision-making. Please seek advice from specialized experts before deciding on any specific course of action. The presentation of content over the Internet and the consultation thereof do not establish any legal relationship whatsoever between the provider and the user.

5. No guarantees

SPW takes utmost care in preparing the content of this website. The content on the SPW website is constantly updated and checked for correctness. Nevertheless, SPW and its contractual partners offer no guarantees (whether explicit or tacit) and make no promises about whether the content published on the SPW website is correct, accurate, up-to-date or complete. In particular, SPW is in no way obliged to update outdated information or opinions, remove these from the SPW website or flag them accordingly. The information and opinions available on the SPW website are subject to change at any time without prior notification. Furthermore, SPW accepts no responsibility and offers no guarantees that the functions on the SPW website will not be interrupted or error-free, that faults will be repaired or that the servers from which the content can be obtained are free of viruses, Trojans, worms, software bombs or other harmful components or programs.

In general, the past performance of an investment vehicle cannot in principle be used to draw any conclusions about the performance thereof in the future. Investments in foreign currencies are also subject to exchange-rate fluctuations. Dividends paid out in relation to individual investment vehicles may also change. SPW makes no guarantees (i) That capital invested in investment vehicles will appreciate in value or remain unchanged; or (ii) About the size of future dividends.

All the data provided through this website, including financial market data, exchange-rate information, reports, research and other financial information, comes from sources that are carefully chosen and considered reliable. All available information is provided to users without guarantees about its accuracy and without explicit or tacit guarantees or warranties with regard to quality, originality, copyright-infringement or its suitability for a specific purpose.

6. No liability

SPW accepts no liability and makes no guarantees that the information made available on its website is up-to-date, correct or complete. SPW shall not be liable for either direct or indirect damage, including loss of earnings, incurred on the basis of information provided on the SPW website or directly or indirectly related to use of the SPW website and the content therein or the risks of the financial markets. Liability shall be restricted to negligence or foreseeable damage and excluded with regard to consequential damage and loss of earnings.

7. No orders

The input fields on the SPW website are not available for submitting orders (e.g. for purchasing or selling investment vehicles) to SPW. Such orders will not be fulfilled by SPW – even without appropriate confirmation to the issuer – and will not establish any valid agreement with SPW.

8. Property rights, copyright and trademarks

All the elements on the SPW website, including photos, are protected by intellectual property rights and are the property of SPW or third parties. Downloading or printing elements of the SPW website shall not transfer any rights thereto, in particular rights with regard to software or brands. Copyright and trademark notices may be neither changed nor removed. Reproduction of parts of or complete elements of the SPW website, no matter what form this may take (especially electronically or printed), is permissible only if accompanied by complete references to the source and with prior consent from SPW.

9. Links to other websites

Users who click on links (hyperlinks) may be taken away from the SPW website to the websites of other providers (“external links”) and their content. SPW provides links to third-party websites on its website in addition to its own content purely for reasons of user-friendliness and information. SPW has no control over the content of such third-party websites and accepts no responsibility for the correctness, completeness, verity or actuality thereof or its suitability for specific purposes. SPW accepts no liability whatsoever, particularly for possible direct or indirect damage or the consequences of using the content of third-party websites. SPW has no influence over the content of linked pages and therefore, despite taking great care in its choice, accepts no liability for the content of external links, particularly those that are changed after the link was established.

In addition, SPW makes no guarantees that such websites or their content (i) Do not contain copyright or trademark infringements or other breaches of third-party rights; and (ii) Are free of viruses and other hazardous components. No liability is accepted regarding the authenticity of the documents on the Internet.

10. Changes to the Conditions of Use

SPW reserves the right to change these Conditions of Use from time to time. You are therefore requested to read these Conditions of Use whenever you access the SPW website and determine whether you still accept the updated version thereof. If you disagree with or do not understand one or more of the updated Conditions of Use, kindly leave the SPW website.

11. Legal validity of the disclaimers

The aforementioned disclaimers shall be considered an integral part of the website that links to this page. If any parts hereof or individual expressions herein do not, no longer or do not fully comply with the applicable legal framework, the content and validity of the remaining parts of this document will remain unaffected by this.

Applicable law and place of jurisdiction
For all customers, access to and use of this website as well as the Conditions of Use are subject to Swiss law. The place of jurisdiction is Zurich.
This Legal notice was last updated: 03.07.2017

 

Data Protection Declaration


1. General terms

This data protection declaration explains how we process personal data.

“Personal data“ means all details related to a specific or identifiable natural or legal person. „Processing“ means all ways of dealing with personal data, irrespective of the means and procedures used, in particular procuring, storing, using, revising, disclosing, archiving and destroying of personal data.

In connection with specific kinds of data processing, e.g. the entry into contracts, additional provisions might apply. Such provisions are available in the respective contracts.


2. Data security

We undertake to protect your privacy in accordance with the applicable laws, especially the code of conduct and data protection law. For this reason, we take a number of precautions, such as implementing technical and organizational security measures (e.g. access restrictions, firewalls, personal passwords such as encryption and authentication technologies, staff training).


3. Categories of personal data

We can process the following categories of personal data while limiting the processing to the necessary minimum.

Client data such as:

  • Master data and data on holdings (e.g. name, address, nationality, date of birth, information about accounts, custody accounts, concluded transactions and contracts, information about third parties who are also affected by the data processing, such as spouses, authorized representatives and advisors).
  • Transaction data, order data, and risk management data (e.g. data regarding beneficiaries of payments, the beneficiary’s bank, the amount of payments, data on risk and investment profiles, investment products).
  • Technical data (e.g. business numbers, IP addresses, internal and external identifiers, records of access).
  • Marketing data (e.g. preferences, needs).

Data of interested parties and visitors (i.e. our visitors or visitors of our website) such as:

  • Master data and data on holdings (e.g. name, address, date of birth).
  • Technical data (e.g. IP addresses, internal and external identifiers, records of access).
  • Marketing data (e.g. preferences, needs).

Supplier data such as:

  • Master data and data on holdings (e.g. name, address, date of birth, concluded transactions and contracts).
  • Technical data (e.g. IP addresses, internal and external identifiers, records of access).


4. Origin of personal data

For the purposes of section 5, we can collect personal data from the following sources:

  • Personal data given to us, e.g. for the entering into a business relationship, the execution of contracts, or our products and services.
  • Personal data necessary for the use of products or services and transmitted to us via the technical infrastructure or complex processes.
  • Personal data from third parties, e.g. authorities or UNO/EU sanction lists.


5. Purposes of data processing

We can process personal data for the provision of own services and for own or legally prescribed purposes. In particular, the purposes of our data processing are the following:

  • Entering into and executing of contracts, processing and managing products and services (e.g. payments, investments).
  • Monitoring and managing risks (e.g. investment profiles, combating of money laundering, limits, market risks).
  • Planning, business decisions (e.g. developing of new or assessing of existing services and products).
  • Marketing, communication, information about and review of the range of services (e.g. advertisements in print and online; events for clients and interested parties as well as other events, determination of future client needs).
  • Compliance with legal or regulatory disclosure, notification or reporting obligations to courts and authorities, fulfilment of official orders (e.g. reporting obligations towards FINMA and foreign supervisory authorities, orders of prosecution departments in connection with money laundering and terrorist financing).
  • Protecting our interests and securing our rights in case of claims against us or own claims against third parties.


6.
Disclosure to third parties, categories of recipients

We may disclose client data to the following third parties in the following cases:

  • For outsourcing activities according to section 7 and for the purpose of comprehensive customer service to third party service providers.
  • For the execution of orders, i.e. when using third party products and services (e.g. to Aquila AG in connection with compliance reviews).
  • Based on legal obligations, legal justifications or official orders, e.g. to courts, supervisory authorities, tax authorities, or other third parties.
  • Where necessary, to protect our legitimate interests, e.g. with respect to any legal action threatened or initiated against us by clients, in case of public statements, to safeguard our claims against clients or third parties, or for debt collection proceedings.
  • With the consent of the person concerned, to other third parties.

In particular in connection with certain products or services, personal data must also be disclosed to third parties domiciled in countries which do not have an appropriate level of data protection (e.g. the United States). If data has to be transferred to such a country, we will take measures for a continuous appropriate protection of personal data.


7. Outsourcing of business units or services

We are outsourcing certain business units and services, wholly or partially, to third parties, in particular to Aquila AG (such as legal and compliance, accounting, CRM system, IT).

We carefully select any contractors who process personal data on our behalf. Where possible, we use service providers domiciled in Switzerland. The service providers might be entitled to outsource certain services to other third parties.

The services providers are only permitted to process the data received to the extent that we do ourselves. Additionally, they are contractually required to guarantee confidentiality and the security of personal data.


8. Automated individual decisions in specific cases, including profiling

We reserve the right to process client data in the future in an automated manner, in particular to identify significant personal characteristics of the clients, to predict developments and to create client profiles.

This is used, in particular, to review and develop our offering and to improve our services.

Client profiles may, in the future, also lead to automated individual decisions (e.g. automated receipt and execution of client orders in our CRM system).

We ensure that a suitable contact person is available to the client if the client wishes to express a view on any automated individual decision where such opportunity to express a view is required by law.


9. Duration of storage

The duration of storage for personal data depends on the purpose of the data processing and/or statutory storage provisions (depending on the applicable legal basis, five, ten or more years).


10. Rights of the affected persons

You can ask us whether personal data about you is being processed. You have the right to object to the data processing, the right to restriction of processing, and, if applicable, the right to data portability. You also have the right of rectification and, provided that there are no compelling statutory or regulatory requirements (such as storage provisions) or technical barriers, the right to erasure. The erasure of your personal data may lead to the result that we cannot provide certain services any longer. Furthermore, if applicable, there is also a right to lodge a complaint with an appropriate data privacy supervisory authority. Where we process personal data based on your granted consent, you may revoke your consent at any time.

To help us reply to your request, please send us a clear message. We will examine your issue and reply in good time.


11. Visitor-statistics

SPW Management AG is authorized to use third-party plug-ins to compile statistics on visits to its company’s homepage. The data collected does not allow the identification of specific web visitors.


12. Contact data

We are responsible for the processing of personal data. If you have any questions relating to data protection, please contact the following address:

Aquila AG

Bahnhofstrasse 43

8001 Zürich

compliance@aquila.ch