DISCLAIMER AND TERMS AND CONDITIONS OF USE

1.   Ownership of the website

This website (hereafter referred to as "fundinfo website") belongs to fundinfo AG (hereafter referred to as "fundinfo"), a company based in Switzerland.

“fundinfo website” refers to both fundinfo.com and etfinfo.com.

2.   Accuracy and up-to-dateness of the information

The content of the fundinfo website is provided for information purposes only. Although fundinfo takes all reasonable care to ensure that the information on this website is correct at the time of publication, it makes no representation or warranty (including liability towards third parties), express or implied, regarding the accuracy, reliability or completeness of the information provided. The information provided on the fundinfo website may be modified at any time without prior notice. The posting of any information on the website should not be understood to imply that there have been no changes since the information was filed with the relevant regulatory authority or since it was published or that the information is accurate at any time after publication. By accessing the fundinfo website or using any information provided on this website (for personal use or for third parties), you signify your agreement to be bound by the Terms of Use below.

3.   Updates to this Disclaimer and these Terms of Use

This document may be updated at any time. Therefore, fundinfo advises you to download and read it again regularly to ensure that you are informed of any changes. The date on which this document was last updated is shown below.

4.   Use of the fundinfo website

Subject to these Terms of Use, you may not:

a)   systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the fundinfo website; except where fundinfo provides a download-link.

b)   remove, change or obscure in any way any of the content of the fundinfo website or otherwise use any material contained on the fundinfo website except as set out in these Terms of Use;

c)   use the fundinfo website or any of the information contained thereon for unlawful purposes.

d)   pass on or make available all or part of the fundinfo website, data or documents from the fundinfo website to third parties for your own commercial purposes, whether for free or in return for payment.

5.   No investment advice offered by fundinfo.com

No information published on the fundinfo website constitutes financial, legal, tax or other advice, nor should any investment or any other decision be made solely based on this information. Investments in any of the investment instruments described on the fundinfo website should only be made after carefully studying the corresponding prospectus and fund contract as well as the annual or half-yearly report including all the legal information therein. You should obtain advice from a qualified expert before making any investment decision.

6.   Information not tailored to your situation

The information contained on the fundinfo website is neither tailored to nor oriented towards your individual situation. Therefore, such information may be completely unsuitable for or inapplicable to your individual investment decisions. You should obtain personal advice from a qualified expert before making any investment decision.

7.   No offer

No information published on this website constitutes a solicitation, offer or recommendation to buy or sell any investment instruments or to conclude any other transactions or any legal acts whatsoever.

8.   Forward-looking statements

The value of an investment may fall as well as rise at any time. The future performance of an investment cannot be deduced from previous market value. Therefore, good performance in the past does not guarantee good performance in the future. Investments in foreign currencies are additionally subject to exchange rate fluctuations and therefore carry a higher level of risk. Therefore, fundinfo cannot guarantee that any capital invested will maintain its value or increase in value.

The fundinfo website may contain forward-looking statements. Even if such forward-looking statements reflect the views and future expectations of the corresponding fund providers, a series of risks, uncertainties and other factors may cause actual developments and results to diverge substantially from the fund providers' expectations. fundinfo is not obliged (and explicitly declines any obligation) to update or change the forward-looking statements of the corresponding fund providers, on the basis of either new information or future events or for any other reason.

9.   No legal responsibility for links and third-party content

The fundinfo website contains links to third-party websites, which are completely beyond the control of fundinfo. Accordingly, fundinfo accepts no responsibility for the accuracy, completeness or legality of the content of such websites or for any offers and services contained thereon.

10. Copyright

The entire content of the fundinfo website is subject to copyright with all rights reserved by fundinfo, by the different data providers or by the suppliers of the corresponding investment funds. You may save or print out a hard copy of individual pages and/or sections of the fundinfo website provided that you do not remove any copyright notices or any other legally protected proprietary notices. By saving or otherwise copying any data on the fundinfo website, you agree to be bound by these Terms of Use. All copyrights and rights of ownership shall remain with fundinfo, with the different data providers or with the suppliers of the corresponding investment funds.

11. No links to the fundinfo website

You may not link to the fundinfo website without the prior written consent of fundinfo.

12. Trademarks

Nothing on this website shall be construed as granting any licence or right to use any image, registered trademark, logo or software. Downloading or copying of this website or of parts thereof shall not transfer any title to you. fundinfo, the different data providers or the fund providers supplying fund information, data or documents reserve all rights (in particular with respect to copyrights and trademark ownership) to all material on the fundinfo website and will enforce their rights to the full extent of the law.

13. Disclosure of interests

fundinfo and/or its boards of directors, managers and employees may have or have had interests in the listed investment instruments or have or have had positions in the relevant securities. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided other services to or serve or have served as directors of the relevant fund providers or companies.

14. Legal restrictions on use

The fundinfo website contains information and documents regarding numerous investment funds and is not directed at any person in any jurisdiction in which (by reason of that person's nationality, tax residence or otherwise) publication of or access to the fundinfo website is prohibited. Persons in respect of whom such local restrictions apply must not access the fundinfo website.

15. Distribution licences for investment instruments and shares

Fund information and documents are provided either by fundinfo, by the different data providers or by the fund providers themselves. If the information and documents are published on the fundinfo website by fundinfo, then fundinfo will rely on the information provided by the fund providers regarding distribution licences for the investment instruments. fundinfo cannot be held liable for incorrect information regarding distribution licences. If the information and documents are uploaded to the fundinfo website directly by the fund providers, the fund providers shall be responsible for specifying the correct distribution licences.

16. User profile

When accessing the fundinfo website for the first time, users are required to specify their investor profile and domicile. The investment fund documents and information provided thereafter are intended exclusively for users with the specified investor profile. Selecting the wrong investor profile may result in access to information and documents relating to investment funds which the user is not authorized to access. The user undertakes to select the correct investor profile. fundinfo shall not be held liable for any damages or action incurred by the user as a result of selecting the wrong investor profile.

17. Location of users and additional regional information

The fundinfo website is exclusively targeted at users in Germany, Switzerland, Liechtenstein, Netherlands and Austria.

Additional information for users in Germany

For the purpose of clarification, users in Germany should note that the term “professional investor“ in the check boxes refers to Professional investor according to Section 1 Paragraph 19 No 32 of the German Investment Code (Kapitalanlagegesetzbuch; “KAGB”). The term "private investor" in the check boxes refers to a Private investor according to Section 1 Paragraph 19 No 31 of the German Investment Code (Kapitalanlagegesetzbuch; “KAGB”).

Additional information for users in Switzerland

For the purpose of clarification, users in Switzerland should note that the term “professional investor“ in the check boxes refers to a qualified investor as defined in Article 10 Para. 3, 3bis or 3ter, of the Collective Investment Schemes Act (CISA). The term “private investor“ in the check boxes refers to an investor other than a qualified investor within the above-mentioned definition

Additional information for users in Liechtenstein

For the purpose of clarification, users in Liechtenstein should note that the term “professional investor“ in the check boxes refers to a Professional investor according to Article 4 Paragraph 1 No 31 of the Liechtenstein Law of 19 December 2012 on Alternative Investment Fund Managers (Gesetz vom 19. Dezember 2012 über die Verwalter alternativer Investmentfonds; „AIFMG“). The term “private investor“ in the check boxes refers to a Private investor according to Article 4 Paragraph 1 No 34 of the Liechtenstein AIFMG.

Additional information for users in Netherlands

For the purpose of clarification, users in Netherlands should note that the term “professional investor“ in the check boxes refers to a Professional investor in accordance with Article 1:1 of the Act on Financial Supervision (Wet op het financieel toezicht). The term “private investor“ in the check boxes refers to a Retail investor in accordance with in accordance with Article 1:1 of the Act on Financial Supervision (Wet op het financieel toezicht).

Additional information for users in Austria

For the purpose of clarification, users in Austria should note that the term “professional investor“ in the check boxes refers to a Professional investor according to Section 2 Paragraph 1 No 33 of the Austrian Alternative Investment Fund Managers Act (Alternative Investment Fonds Managergesetz; „AIFMG“). The term “private investor“ in the check boxes refers to a Private investor according to Section 2 Paragraph 1 No 36 of the Austrian AIFMG.

Additional information for users in France

For the purpose of clarification, users in France should note that the term “professional investor” in the check boxes refers to a Professional investor (“client professionnel”) according to Article L 533-16 of the Monetary and Financial Code (Code monétaire et financier). The term “private investor” in the check boxes refers to a Private investor (“client non professionnel”). Every user who does not qualify as a Professional investor is a Private investor. Generally, a Private investor does not possess the same experience, knowledge and expertise as described in Paragraph 2 Article 314-6 of the General Regulation of the Authority of Financial Market (Règlement general de l´Autorité des marchés financiers) and Annex II to the Markets in Financial Instruments Directive 2004/39/EC. Private investors include per se Private investors (“clients non professionnels par nature”) and Professional investors who have opted-out of being treated as Professional investors (“clients non professionnels sur option”).

18. Exclusion of liability with regard to the documents and information on the fundinfo website

Fund documents and information are published on the fundinfo website either by fundinfo, by the different data providers or by the various fund providers directly. Under no circumstances shall fundinfo be held liable for any direct, indirect or consequential damages or losses resulting from use of the fund documents or information, from access to the fundinfo website or from links to third-party websites.

19. Computer viruses, malware and spyware

Furthermore, fundinfo disclaims all liability for any tampering with the Internet user's computer system by unauthorized parties. In this regard, fundinfo expressly draws attention to the risk of viruses and the possibility of targeted attacks from malware and spyware programmes. In order to combat viruses, it is recommended that the most recent browser versions be used and that anti-virus software be installed and continually updated. As a rule, the opening of any email from an unknown source as well as any unexpected attachment to an email message should be avoided.

20. Availability of the fundinfo website

fundinfo may suspend the operation of the fundinfo website at any time for maintenance or repair work or to update or improve the website’s content or functionality. fundinfo does not warrant that access to or use of the website or of any sites or pages linked to it will be uninterrupted or error free.

21. Changes to the format and content of the fundinfo website

fundinfo may change the format and content of the fundinfo website at its sole discretion. You should refresh your browser each time you visit the fundinfo website to ensure that you access the most up-to-date version of the website.

22. Entire understanding

This document forms the entire understanding between you and fundinfo with respect to use of the fundinfo website and supersedes all previous agreements, understandings and representations relating to use thereof.

23. Fund ratings

Fund ratings by various rating agencies are published on specific fundinfo websites. The copyright for these fund ratings rests with the rating agency that published them. You should exercise caution in the use of fund ratings. Your individual circumstances have not been considered by the rating agencies in preparing the fund ratings. Therefore, fund ratings should never be considered a recommendation to buy, hold or sell a particular investment instrument. Neither the rating agencies nor fundinfo warrant that the fund ratings published on fundinfo.com are up to date, correct or complete. fundinfo and the rating agencies whose fund ratings are published on the fundinfo website hereby expressly exclude any liability for any direct or indirect damages, costs or losses you may suffer as a result of using fund ratings.

24. Assignability

You hereby agree that fundinfo may sub-contract the performance of any activity relating to the operation of the fundinfo website and may assign any of the provisions of this document to a third party at any time without the need to give you any notice.

25. Place of jurisdiction and applicable law

These Terms of Use are governed by and construed in accordance with the laws of the Swiss Confederation. You hereby consent to the exclusive jurisdiction of the Swiss courts at the principal place of business of fundinfo.

26. Severability

If any of the provisions of this document should be held to be unenforceable, the remaining provisions will remain in full force and effect.

 26 August 2015

This is an English translation of a German text. Only the German version is legally binding.

 

 

PRIVACY POLICY

1.   Introduction

This Privacy Policy describes how fundinfo collects, uses and handles personal information. It further describes why we collect personal information, how we use cookies, when and how we share personal information with third parties and how we keep your personal information secure.

“fundinfo website” refers to both fundinfo.com and etfinfo.com.

2.   What personal information do we collect?

The extent of the personal information which fundinfo collects depends on how you use the fundinfo website.

If you do not create an account with fundinfo the personal information we collect is limited to the country where you reside, the language through which you choose to access the fundinfo website and whether you are a private or an institutional investor.

If you do create an account with fundinfo the personal information we collect will include your name, e-mail address, password, the country where you reside, the language through which you choose to access the fundinfo website and whether you are an institutional or private investor.

3.   Why do we collect personal information and how do we use it?

fundinfo collects personal information to enable us to provide information and documents to you as well as to provide information to our members, who are the fund managers and companies listed in the members section of the fundinfo website. If you create an account with fundinfo and request to be informed by e-mail about the availability of new documents on the fundinfo website we will provide information to each individual member about which documents you request, the language you have requested them in and the funds to which these documents relate. We also use your personal information to perform marketing and research related activities and to supply other administrative services (e.g. the setting up of user accounts should you choose to set up an account). In addition we may from time to time review your usage of the site in order to assess how we can improve our services.

4.   How do we collect personal information?

We collect personal information when you specify your country of residence and investor profile (whether you are a private investor or an institutional investor). We collect further personal information when you register for a user account with fundinfo and through reviewing how you use our site.

5.   Cookies

A cookie is a small file which a website puts on a computer or other device so that the website can remember something about you at a later time. When you visit the fundinfo website for the first time, you will be asked to specify your country of residence and investor profile (whether you are a private investor or an institutional investor).  The fundinfo website will place a cookie on your computer or device so that when you visit the website again you will not be again requested to specify your country of residence or investor profile.

6.   Sharing of personal information with third parties

If you do not create an account with fundinfo we will not make your personal information available to any third party except our related companies fundinfo Germany (GmbH) and fundinfo Asia Limited or where expressly authorized to do so by you or where such disclosure is required by the applicable law. In some instances, however, third party service providers may have access to your personal information when they perform certain contractually specified services for us. In such circumstances fundinfo requires contractual undertakings from these third parties to keep your personal information confidential.

If you create an account with fundinfo we will share your personal information, including your name and e-mail address, with our members. We will also share with each individual member the names and ISIN codes of the funds you have added to the MyFunds section of the fundinfo website, the country where you reside, the language through which you choose to access the fundinfo website and whether you are an institutional or private investor. fundinfo requires contractual undertakings from its members to keep your personal information confidential. In addition we will share your personal information with our related companies fundinfo Germany (GmbH) and fundinfo Asia Limited. We may also share your personal information where expressly authorized to do so by you or where such disclosure is required by the applicable law. In some instances third party service providers may have access to your personal information when they perform certain contractually specified services for us. In such circumstances fundinfo requires contractual undertakings from these third parties to keep your personal information confidential.

7.   Links to other web-sites

fundinfo may provide links to one or more other third party web-sites. We encourage you to read their individual privacy policies before providing any of your personal information to them.

fundinfo is not responsible for the privacy policy adopted by third party web-sites.

8.   Your rights under Privacy Law

You have the right to be informed of the source of the personal information, of the purposes and methods of the processing, of the identification information concerning the entity responsible for collecting and processing your personal information, of the entities or categories of entity to whom or which your personal information may be communicated and who or which may get to know said information, etc.

You have the right to obtain updating, rectification or integration of your personal information, erasure, and anonymisation or blocking of information that has been processed unlawfully, including information whose retention is unnecessary for the purposes for which it has been collected or subsequently processed, etc.

You also have the right to object, in whole or in part, on legitimate grounds, to the processing of your personal information, even though it is relevant to the purpose of the collection and to the processing of your personal information concerning where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

For the purpose of exercising the rights described above, you may email: info@fundinfo.com or write to fundinfo AG, Staffelstrasse 12, 8045 Zürich.

9.   Security of your personal information

fundinfo takes reasonable measures to ensure the security of your personal information. In particular we take steps to protect against unauthorised access to,  disclosure of or alteration of your personal information. The steps we take to protect the security of your personal information include the putting in place of industry standard firewalls and password protection systems. 

10. Consent to this Privacy Policy

By using the fundinfo website you consent to the collection and use of your personal information as described in this Privacy Policy.

 1 August 2012