Important Legal Information
2. Access restrictions
When accessing the GFM-website, you must comply with the applicable legal provisions and observe any local restrictions. In particular, the information, data, texts, graphics, images, video clips and other publications (hereinafter referred to as “information”) on the GFM-website are not intended for persons from countries where access to and the dissemination of such information or websites would require prior registration, authorization or approval by GFM. Furthermore, the GFM website may not be accessed nor may information on the GFM website be retrieved by persons who, due to their place of residence, nationality or other reasons, are subject to a legal regime under which accessing such information or websites is unlawful. Persons to whom such restrictions apply may not access the GFM web pages. Please consult the relevant laws and restrictions in effect at your place of residence and applicable to you in advance.
3. Investor type
The user of the GFM-website must specify his investor profile any time accessing the website. Afterwards the information and documents on the website are adapted to his specific profile. A wrong selected investor profile could lead to a publication of Information and Documents, which shouldn’t be accessible for the chosen profile. The users are obliged to choose the right profile. For any damages, losses and troubles, which could be traced back to the wrong choose of the investor profile, the GFM is not liable.
4. Not a recommendation, not an offer
All information provided on the GFM website is for information purposes only. In particular, the information constitutes neither a recommendation, an offer or a solicitation to buy or sell securities, financial instruments or other investment products (hereinafter referred to as “investments”) or to effect or enter into transactions (hereinafter referred to as “transactions”) nor an advertisement for products or services. The information is not an aid to be used in making decisions about financial, legal, tax or other advisory matters; nor is it a suitable and sufficient basis on which to make decisions about investments or other transactions. Therefore, it does not replace the advice provided by a qualified professional.
5. No guarantee of the information’s topicality, accuracy or completeness
Market and investment reports and other publications on the GFM-website are based on sources of information that GFM considers to be reliable. Nevertheless, GFM cannot vouch for the content of the information; nor can the information be regarded as a full account or summary of the investments, transactions, markets or developments mentioned therein. The content may change at any time or be based on incorrect third-party information. Therefore, GFM does not guarantee or accept liability for the accuracy, completeness or topicality of the information.
6. Investment performance
The value of investments may rise or fall at any time. Positive performance in the past is therefore no guarantee of positive performance in the future. In addition, investments in foreign currencies are subject to currency fluctuations. There is a possibility that investors may not receive back any or all of the amount they invested. Furthermore, potential investors should find out about the possible tax consequences of purchasing, owning and selling investments at their place of residence and, if necessary, obtain advice at their place of residence.
7. Linked websites
GFM has no influence over the layout or content of the websites of other operators (hereinafter referred to as “third-party websites”), even if they are linked to the GFM-website or contain links to the GFM-website. Therefore, GFM cannot accept responsibility for the accuracy, completeness, topicality or legality of the content of third-party websites or for any information, offers or services contained on them. Responsibility and liability for linked third-party websites lie with the operators in question.
8. Amendments or additions to the information
GFM reserves the right to amend or add to the information provided or to remove some or all of the information at any time without prior notification. However, GFM is not obligated to delete out-of-date information or to expressly indicate it as such.
9. Rights of ownership
All rights and titles to the GFM-website and the information and programs contained on it (proprietary rights, copyrights, trademarks, logos, patents, further intellectual property rights and other rights) are owned by GFM or the holder of the right in question. Individual pages and/or sections of the GFM-website may only be stored or printed out for private and internal purposes and provided neither the copyright notices nor the other designations protected by law are removed. Even after information or programs have been stored, printed out or otherwise used, all rights remain with GFM or the holder of the right in question. The reproduction (in full or in part), in particular the use of texts, sections of text or image material, transfer (electronically or by other means), modification, linking or use of the GFM website for public or commercial purposes requires GFM’s prior written consent.
The content and rights of third parties are marked as such. Their proprietary, patent, trademark, ownership or other protective rights must also be protected. The third parties’ consent or appropriate authorization is usually required in order to be able to use third-party content.
10. No liability (exclusion of liability)
GFM expressly disclaims all liability for direct or indirect losses (including lost profits), damage, liability claims, receivables, costs or consequential damage that result from the use of or access to the GFM-website or from links to third-party websites or that may occur due to information being retrieved on the GFM-website. This also applies to liability as a result of negligence, even if GFM was informed about the possibility of such consequences.
GFM also disclaims all liability for any kind of manipulation of the user’s IT system. It specifically draws attention to the risks of viruses or other harmful programs and to the possibility of hacking attacks. It is highly recommended, therefore, that you use the latest browser versions and anti-virus software.
11. Severability clause
12. Applicable law and jurisdiction
In this data protection declaration, we, Gutzwiller Fonds Management AG, explain how we collect and otherwise process personal data. This is not an exhaustive description; other data protection declarations or general terms and conditions, conditions of participation and similar documents may govern specific matters. Personal data is understood to be all information that relates to an identified or identifiable person.
1. Responsibility Data protection
Responsible for the data processing described here is Gutzwiller Fonds Management AG, Kaufhausgasse 5, 4051 Basel (Switzerland), unless otherwise stated in individual cases. If you have any data protection concerns, you can inform us of them at the following contact address:
Gutzwiller Fonds Management AG
2. Collection and processing of personal data
We primarily process the personal data that we receive from our customers and other business partners in the course of our business relationship with them and other persons involved in it, or that we collect from their users when operating our websites, apps and other applications.
To the extent permitted, we also obtain certain information from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, press, internet). In addition to the data about you that you give us directly, the categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we learn in connection with official and legal proceedings, information about you in correspondence and meetings with third parties, creditworthiness information, information about you that we learn from people close to you (family, advisors, legal representatives, etc.).) while maintaining bank client confidentiality (e.g. references, powers of attorney, information on compliance with legal requirements such as anti-money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of ours on the use or provision of services by you (e.g. payments made).We also collect personal data from the media and the Internet (if this is appropriate in a specific case, e.g. as part of an application, press review, marketing/sales, etc.), your addresses and, if applicable, interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of the visit, pages and content accessed, functions used, referring website, location information).
3. Purposes of data processing and legal basis
We use the personal data we collect primarily to conclude and process our business relationships with our clients and business partners, in particular in the context of providing financial services to our clients, as well as to comply with our legal obligations at home and abroad. If you work for such a client or business partner, your personal data may of course also be affected in this capacity.
In addition, we may also process personal data relating to you and other persons, where permitted and where it appears to us to be appropriate, for the following purposes in which we have a legitimate interest commensurate with the purpose:
- Offer and further develop our offers, services and websites, apps and other platforms on which we are present;
- Communication with third parties and processing of their enquiries (e.g. job applications, media enquiries), whereby we are bound by bank client confidentiality in accordance with Art. 47 of the Banking Act [(Swiss) Federal Law on Banks and Savings Banks, Swiss Federal Law Series SR 952.0]
- Review and optimisation of needs assessment procedures for direct client engagement and collection of personal data from publicly available sources for client acquisition;
- Advertising and marketing (including the organisation of events), insofar as you have not objected to the use of your data (if we send you advertising as an existing customer of ours, you can object to this at any time);
- Assertion of legal claims and defence in connection with legal disputes and official proceedings;
- Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analysis to combat fraud);
- Guarantees of our operations, in particular IT, our websites, apps and other platforms;
- Video surveillance to maintain house rules and other measures for IT, building and facility security and protection of our employees and other persons and assets belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone recordings);
- Purchase and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and to comply with legal and regulatory obligations as well as internal regulations of Gutzwiller Fonds Management AG and E. Gutzwiller & Cie, Banquiers.
If you have given us consent to process your personal data for certain purposes (for example, when you register to receive newsletters or carry out a background check), we process your personal data within the scope of and based on this consent, unless we have another legal basis and we require such a basis. Consent given can be revoked at any time, but this has no effect on data processing that has already taken place.
4. Cookies / tracking and other technologies related to the use of our website
We may typically use “cookies” and similar technologies on our websites and possibly apps to identify your browser or device. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by the web browser you are using when you visit our website or install an app. If you visit this website again or use an app, we can recognise you in this way, even if we do not know who you are. In addition to cookies that are only used during a session and deleted after your visit to the website (“session cookies”), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (“permanent cookies”). However, you can set your browser to reject cookies, save them for one session only or otherwise delete them prematurely. Most browsers are preset to accept cookies. We do not currently use permanent cookies.
If you block cookies, certain functionalities (such as language selection) may no longer work.
By using our websites and any apps and agreeing to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not wish to do so, you must set your browser or email programme accordingly or uninstall the app if this cannot be adjusted via the settings.
We may sometimes use Google Analytics or similar services on our websites. This is a third party service, which may be located in any country in the world, with which we can measure and evaluate the use of the website (non-personal). Permanent cookies set by the service provider are also used for this purpose. Although we can assume that the information we may share with third parties is not personal data for them, it is possible that they (e.g. Google) may draw conclusions about the identity of visitors from this data for their own purposes, create personal profiles and link this data to other details (e.g. Google accounts) of these individuals. If you have registered with the service provider yourself, the service provider also knows you. The processing of your personal data by the service provider then takes place under the responsibility of the service provider in accordance with its data protection regulations. The service provider only informs us how our respective website is used (no information about you personally).
We may also use so-called plug-ins from social networks such as Facebook, LindedIn, Twitter, YouTube, Pinterest or Instagram on our websites. This is visible to you in each case (typically via corresponding icons). We have configured these elements so that they are deactivated by default. If you activate them (by clicking on them), the operators of the respective social networks can register that you are on our website and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator according to its data protection regulations. We do not receive any information about you from him.
5. Data transfer and data transmission abroad
As a matter of principle, we disclose information within the scope of our business activities and the purposes set out in section 3 we do not pass on any data to third parties of our own accord. However, we may disclose data to third parties (hereinafter “recipients”) in the course of providing our services, processing orders and where we are legally authorised or obliged to do so. In particular, this concerns the following bodies:
- Service providers of ours (e.g. banks, insurance companies and other financial intermediaries), including order processors (such as IT providers);
- Service providers with whom we cooperate to provide financial services (payment transactions, securities transactions, credit card providers, etc.). The transfer of personal data is sometimes indispensable in the processing of orders, both nationally and internationally. We also refer to the information brochures of the Swiss Bankers Association, among others:
o Information from the SBA on the disclosure of client data in payment transactions, securities and other transactions in connection with SWIFT (June 2009)
o Information from the SBA on the disclosure of client data and other information in international payment transactions and investments in foreign securities (February 2016).
- authorities, official agencies or courts if there is a legal basis for doing so;
- Acquirers or parties interested in acquiring divisions, companies or other parts of Gutzwiller Fonds Management AG;
- Other parties in potential or actual legal proceedings;
- Other companies of Gutzwiller Fonds Management AG;
These recipients are partly domestic, but can be anywhere in the world. In particular, you must expect the transfer of your data to countries where service providers used by us are located. We only work with foreign service providers where it is indispensable and avoid the transfer of personal data with all service providers as far as possible.
If a recipient is located in a country without adequate legal data protection, we contractually oblige the recipient to comply with a level of data protection acceptable to us. An exception may apply in particular in the case of legal proceedings abroad, but also in cases of overriding public interests or if the performance of a contract requires such disclosure, if you have consented or if the data in question has been made generally accessible by you and you have not objected to its processing. We consider your consent to be, in particular, the placing of orders for the execution of which the transmission of personal data to third parties is unavoidable.
6. Duration of the retention of personal data
We process and store your personal data as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise the purposes pursued with the processing. In this context, it is possible that personal data will be retained for the time during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or legitimate business interests require this (e.g. for evidence and documentation purposes). At this point, we would like to point out the 10-year retention obligation to which we are subject by law. As soon as your personal data is no longer required for the above-mentioned purposes, it will be deleted or made anonymous as far as possible.
7. Data security
We take appropriate technical and organisational security measures to protect your personal data from unauthorised access and misuse, such as issuing instructions, training our employees. IT and network security solutions, access controls and restrictions, encryption of data carriers and transmissions, anonymisation.
8. Obligation to provide personal data
In the context of our business relationship, you must provide such personal data as is necessary for the establishment and performance of a business relationship and the fulfilment of the associated contractual obligations (you do not generally have a legal obligation to provide us with data). Without this data, we will generally not be able to enter into or perform a contract with you (or the entity or person you represent). Also, the website or social media pages may not be usable if certain traffic assurance details (such as IP address) are not disclosed.
9. Profiling (and automated decision-making)
We do not automatically process your personal data with the aim of evaluating certain personal aspects (“profiling”). As a matter of principle, no automated decision-making is used when establishing and implementing a business relationship or in any other way. Should we use such procedures in individual cases, we will inform you separately about this, insofar as this is required by law, and inform you about the associated rights.
10. Rights of the data subject
Within the framework of the data protection law applicable to you and insofar as provided therein, you have the right to information, correction, deletion, the right to restriction of data processing and otherwise the right to object to our data processing, in particular that for the purposes of direct marketing, profiling for direct advertising and other legitimate interests in processing, as well as to the release of certain personal data for the purpose of transfer to another body (so-called data portability). Please note, however, that we reserve the right to assert the restrictions provided for by law, for example if we are obliged to retain or process certain data, have an overriding interest in doing so (insofar as we are entitled to rely on this) or require it for the assertion of claims. If you incur costs, we will inform you in advance. We have already explained the possibility of revoking your consent in section 3. Please note that exercising these rights may conflict with contractual agreements and may have consequences such as premature termination of the contract or costs. We will inform you in advance if this is not already contractually regulated.
The exercise of such rights usually requires that you clearly prove your identity (e.g. by a copy of your identity card where your identity is otherwise not clear or cannot be verified). To exercise your rights, you can contact us at the address set out in section 1.
In addition, every data subject has the right to enforce his or her claims in court or to lodge a complaint with the competent data protection authority. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
Basel, September 2023