B. Data protection provisions
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
8050 Zurich, Switzerland
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.
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.
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 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 firstname.lastname@example.org or send a written letter to ACOLIN InfoTech AG, Leutschenbachstrasse 50, 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
• 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.