Important legal information/Terms and Conditions of Use
Please
read the following important legal information/terms and conditions of use (hereinafter Important Legal
Information) carefully before entering the website of Bank J. Safra Sarasin Ltd (hereinafter referred
to as the "Bank). By accessing the website of the Bank you declare that you have read and understood
this Important Legal Information and that you agree with all its terms and conditions. If you are not
in agreement with individual conditions of this Important Legal Information or if you do not wish to
accept them, we ask you to leave the website of the Bank.
Local
legal restrictions
The use of the Bank’s websites is not permitted for
persons (natural persons, legal entities or certain types of investors) for which the use of or access
to the Bank’s website would contravene the applicable laws of their jurisdiction (on account of nationality
or domicile/registered office of the person concerned or for other reasons). This applies in particular
to citizens and inhabitants of the United States of America (USA).
Persons
with residence/registered office in a jurisdiction in which a subsidiary, branch or affiliate of the
Bank (hereinafter Group Company) is domiciled and in case such company is maintaining its own website,
are kindly requested to switch to the relevant website of such Group Company (overview of Group Companies).
Not
all the financial instruments, products and services presented on this website are available in all
jurisdictions or are suitable for all investors in all jurisdictions. Whether or not a financial instrument,
a product or a service may be offered to a certain person depends on the provisions of laws and regulations
applicable in the relevant jurisdiction.
Intellectual property
rights, copyright and trademark rights
The entire contents (including
all elements contained in them) of the Banks website are protected by intellectual property laws including,
but not limited to copyright, patent and trademark laws (all rights reserved).
Safra
(Logo), Sarasin (Logo), Responsibly yours, Sarasin Prime Blend, Sarasin Pure Oak, Sarasin Sustainable
Investment, Sarasin Sustainability-Matrix®, Sarasin Sustainability-Matrix (Logo), SWIPO, SWIPOC, Sarasin
Swiss IPO Index, Sarasin Non Traditional AG, Sarasin International Securities Limited and Sarasin Horizon
are trademarks of either the Bank or J. Safra Sarasin Group and are registered in a various jurisdictions.
Use
of the Banks website does not grant the user any right to the contents, software, a registered trademark
or other element of the Banks website. All ownership rights remain with the Bank or third parties as
the case may be. Any reproduction (in full or partial), transmission (electronically or by other means),
linking, alteration or use of the Banks website or of a registered trademark of the Bank for a public
or commercial purpose is not permitted without the prior written consent of the Bank
No
offer
The information provided on this website is for information purposes
and personal use only and does not consider the personal circumstances of any individual investor. It
does not constitute a promotion, recommendation, inducement, solicitation, invitation or offer to acquire,
hold or sell the financial instruments mentioned on this website or other (financial) products or to
engage in any services or other transactions or legal business. The information provided on the banks
website including but not limited to this Important Legal Information, may be changed by the Bank at
any time without prior notification.
No advice
The
information and opinions provided on the Banks website neither constitute nor are they intended to be
any type of advice or recommendations or intended as any kind of decision aids for investment or other
decisions. The Bank recommends to seek expert advice before making any investment decision. No information
contained on or accessed via the Banks websites may be construed as any contractual relationship between
the users of the Banks website and the Bank or other providers of such information.
No
guarantee
The Bank has taken due care in compiling the contents on this
website. However, neither the Bank nor any of their affiliates or contracting parties provides any guarantee
(including, but not limited to, liability in respect of content provided by third parties) concerning
correctness, up-to-datedness, reliableness and completeness of contents on this website. In particular,
there is no obligation on the part of the Bank to update or to remove contents on this website. All
information is provided on an as is and as available basis without any representations or guarantees.
Furthermore, the Bank accepts no responsibility and gives no guarantee that
the functions of the website will not be interrupted or that they are free from errors, that errors
will be rectified or that the site or the relevant server is free from harmful elements and programs
as for example but not limited to computer viruses, worms, Trojan horses.
Risk/performance
Past
performance is no guarantee for future performance. Investments in foreign currencies are subject to
direct and indirect exchange-rate fluctuations. Investments in emerging markets are subject to certain
special risks, including but not limited to, a certain level of political instability, relatively non-predictable
financial market trends and economic growth patterns, a financial market that is still developing as
well as a weak economy. For some financial instruments there is no recognized market and it may therefore
be difficult to deal in such instruments or obtain information about their value or the level of risk
to which they are exposed. The value of the capital invested and the income from it (e.g. payments in
connection with investment funds) are subject to fluctuations for various reasons and they may cease
altogether. The Bank can therefore provide no guarantee for the performance of financial instruments,
products or services and investors must be prepared and be in a position to accept substantial losses
or even total loss of the capital invested.
Exclusion of liability
Neither
the Bank nor their affiliates or contracting parties or third parties accept any liability and refuse,
to the extend legally permissible, to accept any liability (including but not limited to liability for
negligence and liability in respect of third parties) for any direct, indirect, or consequential losses
or losses of profit or any type of losses associated with the use of this website and contents included
therein or with the risks of financial markets.
Linked websites
Links provided on the Banks website are being provided as a convenience
and for information purpose only. Using a link may cause you to leave the Banks website. The Bank has
no control over and has not checked the websites of third parties linked to this website and does not
accept any responsibility for their legality or their content. Such websites of third parties are also
not subject to or bound by this Data Protection Information (compare respective section further below);
the Bank is neither in charge or responsible for their content nor for the principles of such third
parties regarding the handling of personal data. The Bank therefore recommends consulting and checking
the individual privacy policies or terms of use of these third-party websites.
Use
of electronic communication
The use of electronic communication (e.g.
e-mail) is voluntarily. The sending of electronic communication via open networks (also compare the
respective section further below) is unprotected and such communication can be lost, intercepted, read
and altered by third parties. Even if the sender and recipient are located in Switzerland, electronic
communications are frequently sent uncontrolled across borders. In addition to the content, the sender
and recipient of the electronic communication can is visible to third parties. Consequently, a conclusion
about a relationship with the Bank is possible. This also applies for electronic communications which
are used in communication with the Bank (e.g. use of the website, e-services or social media).
The
Bank is entitled to reply by electronic communication to electronic communications sent by the user
to the Bank. However, subject to separate agreements, messages and orders (including payment orders)
by electronic communication are not binding for the Bank for security reasons. The Bank accepts no liability
for losses incurred from the use of electronic communication or due to orders placed by electronic communication
not being executed or not being executed on time.
For technical reasons delivery
of electronic communications cannot be guaranteed by the Bank. The Bank accepts no liability for losses
due to late delivery or non-delivery of electronic communications.
Data
protection information for the use of the website
By accessing and continuing
to access the websites of J. Safra Sarasin Holding and Bank J. Safra Sarasin Ltd (together “Bank”, “we”,
“our” or “us”) you accept this Data Protection Information for the Use of the Website (“Data Protection
Information”) and confirm that you are 18 years of age or older.
This Data Protection Information
applies to all personal data we obtain through your use of the Bank’s websites. Personal data is any
information that relates to an identified or identifiable natural person or in certain cases a legal
entity. Personal data are for example information on name, gender, address, email-address, telephone
number, etc.
Depending on your individual situation additional provisions (e.g. General
Terms of Contract and conditions of use for various services) may apply to certain kinds of data processing.
Additional information on data processing can further be found in the Data
Privacy Statement of Bank J. Safra Sarasin Ltd (
DE/
EN/
FR).
This
Data Protection Information may be updated from time to time. The latest version in force and effect
will always be published on the Bank’s websites.
Information
collected when using the websites of the Bank
When you visit our websites
the web server automatically records certain details of your visit (e.g. your IP address, the website
which you are visiting us from and the Bank’s website you are visiting, including the date and duration
of your visit). Such “Tracking data” is used to optimize the offering on the Bank’s websites and provide
information on how you find out about our products and services and how you use them. However, it does
usually not allow for you to be identified.
The Bank may also receive personal
data which are transmitted to us by you via the websites of the Bank; e.g. if you complete a registration
form or comment field for a newsletter, etc.
Handling of personal
data
General
As part of
our obligation to process your personal data in relation to the Bank’s websites in a transparent manner,
we want to generically in inform you:
- why and how the Bank collects,
uses and stores your personal data on its websites;
- the lawful basis on which your
personal data is processed;
- to whom your personal data may possibly be disclosed;
and
- what your rights and our obligations are in relation to such processing.
Why
and how does the Bank collect, use and store your personal data
The Bank
collects, uses and stores personal data for the following purposes:
- Executing,
processing and managing of products or services and contracts;
- Statistics, planning
and product development, business decisions (e.g. establishing of key figures for the use of services;
developing of ideas for new or assessment of existing products, services and procedures);
- Monitoring
and managing risks (e.g. combating of fraud);
- Marketing, market research, demand-oriented
support optimization, improvement of the services (e.g. advertisements, events for clients and interested
parties, cultural events, sponsorship and determination of future client needs or behavior, information
of clients and interested parties on future products and services);
- Technical management
and development of the Bank’s website (incl. client and user administration);
- Legal
or regulatory obligations and compliance with official orders (e.g. in connection with money laundering
and terrorist financing);
- Protecting the lawful interests and rights of the Bank
such as in the case of claims against the Bank or its clients;
- For purposes otherwise
specified.
What is the lawful basis on which your personal
data is processed
Personal data collected on the websites of the Bank
will only be used and processed respectively, if a legitimate legal basis for such use is given. Processing
is considered legal and appropriate, if it is carried out, in particular
a)
to perform contractual obligations;
b) in line with the need to balance interests
and for the purposes of safeguarding legitimate interests respectively;
c)
on the basis of your consent;
d) due to statutory requirements or in the public
interest.
The Bank processes your personal data in accordance with the applicable
laws on data protection and for as long as required.
To whom
may your personal data possibly be disclosed
Within the Bank those units
are given access to personal data which require them in order to perform the Bank’s contractual and
statutory or official obligations or for the purposes described above.
Personal
data may also be transferred to other recipients outside the Bank (“Third Parties”) in Switzerland or
abroad; but only if certain conditions are met and only if those Third Parties are obliged to respect
privacy. When transferring personal data internationally we make sure that we comply with applicable
laws and regulations.
The Bank may also need to disclose your personal data
to public authorities and institutions (e.g. the supervisory authorities in the fields of financial
market and tax law, financial and tax authorities, criminal prosecution authorities, courts) insofar as a statutory
or official obligation exists.
Disclosure may furthermore also be made to
other companies within the J. Safra Sarasin Group for risk control purposes due to statutory or official
obligation or for the purpose of outsourcing data processing activities within the J. Safra Sarasin
Group.
What are your rights and our obligations in relation to
such processing
You can ask the Bank whether personal data about you
is being processed. You have a right to ask for rectification of inaccurate personal data we collect
and process. Furthermore you have the right to request restriction of the use of your personal data.
If the Bank processes your personal data on the basis of your consent, you
have the right to withdraw that consent at any time. Please note that such a withdrawal of your consent
shall not affect the lawfulness of processing based on consent before such withdrawal. Furthermore,
please note that the Bank may still be allowed to continue processing your personal data if other legitimate
reasons exist.
You have a right to ask the Bank to stop processing your personal
data, or to request deletion of your personal data.
Note: these rights are
not absolute (e.g. sometimes there may be overriding interests or legitimate reasons that require the
processing to continue). But the Bank will consider your request and respond to you with the outcome.
You may have the right to make a complaint to the responsible data protection
authority.
In certain circumstances the Bank may process your personal data
through automated decision-making, including profiling. Under certain conditions, you can request to
discuss a decision taken by such automated decision-making.
Should you have
a request regarding the processing of your personal data please send a letter or an email to the following
address:
Please
note that the scope and extend of the rights described in this section depend on the data protection
laws which are applicable in your case.
Transmission of data
via an open network
Please note that if you visit the websites of the
Bank, your data will be transmitted via an open network (i.e. the internet). The same will be the case
when you use an open network to send your data, such as the internet or an e-mail-service-provider.
In this context, the Bank would like to draw your attention to the fact that under such circumstances,
your data is not protected from public access, as open networks are beyond the Bank’s control. Likewise,
information transmitted over the Internet (such as online forms, emails, etc.) and content received
online may be transmitted via third-party networks. If you use the Bank’s website or provide the Bank
with your data via an open network (including third-party networks), the Bank would like to point out
to you that this may allow third parties (e.g. network providers or the manufacturer of your device)
to access your data wherever they are located and process it without your consent. Hence, open networks
cannot be regarded as a secure environment. Therefore, the Bank cannot guarantee the confidentiality
of communications or documents transmitted over such an open network. In addition, any transmission
of data via such open network cannot be guaranteed to be secure or error-free as data may e.g. be intercepted,
amended, corrupted, lost, destroyed, arrive late or incomplete, contain viruses or may be monitored.
In particular, data sent via an open network may leave the country – even where both sender and recipient
are in the same country – and may be transmitted to and potentially processed in third-party countries,
where data protection may not reach the same level as in your country of residence.
Please
note that not all websites of the Bank are made available by means of encrypted communication. In addition,
while all online forms provided are largely protected against unauthorized access and loss of data integrity
by the use of standard SSL encryption, where data is transmitted via an open network, the Bank cannot
be held responsible for the protection of this data and it does accept no responsibility or liability
for the security of your data during transmission. We, therefore, recommend avoiding the transmission
of any confidential information via open networks.
For certain services (e.g.
in case of e-services and e-banking), your data is transmitted with strong encryption.
Possible
conflicts of interest
The J. Safra Sarasin Group and/or their board members,
managers or staff may have invested in financial products in the past or they may be currently investing
in financial products or invest in financial products in the future about which the Banks website contains
information. Furthermore, it is possible that J. Safra Sarasin Group and/or their board members, managers
or staff have rendered, are rendering or will render in the future services for the issuers of financial
products about which the Banks website contains information, for example in investment banking, corporate
finance or market-making services or as board members or as managers they may have participated in their
managements, be doing so now or may do so in the future.
Certain sites or areas
of the Banks website may contain additional terms, conditions, and important legal information (hereinafter
Additional Terms). In case of conflict between this Important Legal Information and the Additional
Terms, the Additional Terms will govern the respective sites or areas of the Banks website.
Reference
sources for investment funds
The legal bases of an investment fund named
in the following financial products section can be obtained free of charge by investors domiciled in
Italy from the following addresses:
Sarasin Investmentfonds SICAV, Luxemburg:
RBC
Investor Services Bank S.A.,
69, route d'Esch, L-1470 Lussemburgo
Sarasin
Investmentfonds, SICAV:
State Street Bank S.p.A.
Via Ferrante
Aporti 10
I-20125 Milano
Italia
Société Générale
Securities Services S.p.A.
Via Santa Chiara 19
I-10122 Torino
Italia
Sarasin
Multi Label SICAV:
State Street Bank S.p.A.
Via Ferrante Aporti
10
I-20125 Milano
Italia
Applicable
law/place of jurisdiction
Access to and use of the Banks website as well
as this Important Legal Information is subject to Swiss law. The place of jurisdiction is Basel.
Information
on the use of cookies
What is a Cookie?
Cookies
are small files which are stored on your electronic device to keep track of your visit to the websites
of he Bank and your preferred settings when navigating and, as the case may be, to save the settings
between your visits. Thus, the Bank can gather statistical information about the frequency of visits of certain areas
of the website, and tailor the websites to be more useful and user-friendly.
Use
of Cookies
Some Cookies used by the Bank mainly serve to operate parts
of the websites and will be set automatically. The complete functionality of the websites cannot be
granted without cookies. The Bank's websites also use so-called performance- and tracking-cookies for
statistical purposes, as a means to continuously improve our websites and to provide you with the best
possible user experience based on your needs. Only own cookies ("first-party cookies") and
no cookies from third parties (“third-party cookies”) are used. This means that all cookies and data
are exclusively managed internally by the Bank and are not transferred to third parties.
Please
note that most internet browsers accept cookies automatically. However, you can decide against the use
of Cookies at any time by deleting the Cookies, which were set by the websites. Furthermore, you can
configure your browser to not save any Cookies or to only accept Cookies from specific websites on your
electronic device or to always display a warning before receiving a new Cookie. Deactivating Cookies
can, however, prevent you from using certain functions on our websites. On some electronic devices,
Cookies are only persistent during a specific user session and will be deleted after the session is
terminated.
Note: by using the websites of the Bank, you agree to the use of
Cookies for the described purposes.
Analytic tools
The
Bank uses analytic tools for the purpose of reporting in connection with the websites. This involves
the creation of anonymized data and the use of Cookies to help analyze how users avail themselves of
the Bank’s websites. The information about your use of the websites generated by these cookies, such
as the
- host name of the accessing electronic device (so-called IP address);
- type/version
of browser used;
- operating system used;
- referrer URL (website
from which you are redirected to the Bank’s websites by clicking on a link);
- date and time of server request;
- device-specific
information
are used exclusively for internal analysis purposes by the
Bank and are not transferred to third parties.