Privacy Statement

I. Name and address of the data controller

The controller within the meaning of the EU General Data Protection Regulation (GDPR) and other applicable national data protection laws is:

Abaris Investment Management AG‍
Michael Bopp
Tel. +41 44 786 20 00
Email: compliance@abaris-im.ch

II. General information on data processing

1. Scope of the processing of personal data

Abaris Investment Management AG (hereinafter referred to as “AIM” or “we”) only collects and uses personal data of the users of this website insofar as this is necessary for the provision of a functional website as well as for its content and services. The personal data of our users will normally only be collected and processed with the user's consent. An exception applies in cases in which prior consent cannot be obtained for material reasons and the processing of the data is permitted by legal provisions.

2. Legal basis for the processing of personal data

In general, the processing of personal data has its legal basis in the relevant law applicable.

‍In case of application of the GDPR: Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6(1)(a) GDPR provides the legal basis for the processing of personal data. Art. 6(1)(b) GDPR provides the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary in order to carry out pre-contractual measures. Insofar as the processing of personal data is required in order to fulfil a legal obligation to which our company is subject, Art. 6(1)(c) GDPR provides the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR provides the legal basis. If processing is necessary in order to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6(1)(f) GDPR provides the legal basis for processing.

3. Data erasure and storage period

The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to exist. Furthermore, data may be stored if provided for by national legislators to which the controller is subject. The data will also be erased or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for the continued storage of the data for the conclusion or fulfilment of a contract.

III. Provision of the website and creation of log files

1. Description and scope of the data processing

Every time you visit our website, the system of our website hosting provider automatically collects data and information from the computer system you are using. The following data are collected:

1. User's IP address
2. The operating system of the user’s computer
3. the type of browser used
4. ‍The date and time of access

‍The data are also stored in the log files of our website hosting providers system. These data are not stored together with other personal data of the user.

2. Purpose of data processing

The temporary storage of the IP address by the system is necessary in order to enable the website to be delivered to the user's computer. For this reason, the IP address of the user must remain stored for the duration of the session.

‍The data are stored in log files in order to ensure the functionality of the website. In addition, the data help us to optimize the website and to ensure the security of our information technology systems. Data collected in this way will not be evaluated for marketing purposes.

3. Duration of storage

The data will be erased as soon as they are no longer required in order to achieve the purpose for which they were collected. Where data are collected for the provision of the website, this occurs when the respective session ends.

If data are stored in log files, this occurs after twenty-four hours at the latest. Continued storage to evaluate visitor statistics is possible. For this purpose, your data will be stored at IONOS SE on servers in Germany.

4. Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is absolutely essential for operation of the website. The user consequently has no right to object.

IV. Use of cookies

1. Description and extent of the data processing

Our website uses cookies. Cookies are text files that are stored in the web browser, or by the web browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a distinct character string that enables the unique identification of the browser the next time the user visits the website.

‍We use cookies in order to make our website more user-friendly. Some elements of our web page need Cookies in order to identify the browser again after the user has visited another page.

‍The language settings and consent settings with regard to use of cookies are stored and transmitted in the cookies.

2. Purpose of the data processing

Technically necessary cookies are used in order to make it easier for the user to browse the website. Some of the functions of our web pages may not be available unless cookies are used. For these functions it is essential that the browser is detected again after the user has visited another page.

‍We need cookies for the following purposes:

1. Applying language settings
2. Storing consent settings with regard to use of cookies.

‍The user data collected by technically necessary cookies will not be used in order to create user profiles.

3. Duration of storage, right of objection and removal

Cookies are stored on the user’s computer and transmitted by it to our website. As a user, therefore, you have full control over the use of cookies. You can disable or restrict the transmission of cookies by providing for the corresponding settings in your web browser. Cookies already stored can be deleted at any time. This may also be done automatically. If cookies for our website are disabled, it may no longer be possible to make full use of all functions of the website.

‍The transmission of flash cookies cannot be disabled by settings on the browser, but may be disabled by changes to the Flash Player settings.

V. Contact forms and email contact

1. Description and extent of the data processing

If the contact form is filled out, the content is sent via e-mail. In this case, the personal data of the user transmitted with the e-mail will be stored.

‍Alternatively, you can make contact using the email addresses provided. In this case the user’s personal data provided with the email will be stored.

‍Data provided in this context will not be forwarded to third parties but will only be used for the purposes of processing the conversation.

2. Purpose of the data processing

We process the personal data provided in the input screen solely in order to handle the contact request. In the case of contact by email, this also establishes the necessary legitimate interest for us in processing the data. The other personal data processed during the send process are used to prevent any misuse of the contact form and ensure the security of our information technology systems.

3. Duration of storage

The data will be erased as soon as they are no longer required in order to achieve the purpose for which they were collected. For the personal data from the input screen of the contact form and the personal data that were sent by email, this is the case when the respective conversation with the user has ended. The conversation has ended if the circumstances suggest that the relevant matters have been finally clarified.

4. Possibility of objection and removal

The user has the possibility at any time of withdrawing its consent to the processing of its personal data. If the user contacts us by email, he may at any time object to the storage of its personal data. In such a case the conversation cannot be continued.

‍The notice of objection must be sent to the above contact details by email or in writing. In this case all personal data stored in the course of contacting us will be erased.

VI. Web-tracking services

1. Description and extent of the data processing

We are constantly aiming at enhancing its website. For this reason, we may collect information through the website in an anonymised form, i.e. domain name, tracking the pages you visit and the time spent on pages. For this purpose, we use the statistics function integrated in IONOS WebAnalytics. No personal data is stored and also not forwarded to third parties. The data is 100% anonymized and stored only on the servers of IONOS SE. This service collects and processes in anonymized form information of the user when he visits our website.

2. Purpose of the data processing

The respective information is used for statistical and marketing purposes only and is not disclosed to third parties.

3. Duration of storage

The data will be erased as soon as it is no longer required in order to achieve the purpose for which they were collected. The data may also be stored without timely limitation, for it only being stored anonymised.

4. Possibility of objection and removal

The collection of data for the enhancement of the website and its use for statistical and marketing purposes is essential for the operation of the website. The data is stored in a completely anonymous form on IONOS servers and is not forwarded. The user consequently has no right to object.

VII. Social-Media-Plugins

1. Description and extent of the data processing

Our website may use social media plugins (“plugins”) from social networking sites such as Twitter, Facebook etc. If you access our website using such a plugin, your browser will contact the server of the underlying social networking site, load the visual presentation of the plugin, and present it to you. While this is happening, the social networking site receives information concerning your visit to our website, as well as further data such as your IP address.

‍We have no influence on the amount of data that social networking sites collect via an active plugin. For more information, please consult the relevant data privacy notices of the respective social media providers.

2. Purpose of the data processing

The respective plugins are provided in order for visitors of this website to voluntarily follow us on the respective social networks.

3. Duration of storage

For the duration of storage of the data processed via the social media plugins please refer to the data privacy notices of the respective social media providers. We do not process such data ourselves.

4. Possibility of objection and removal

As to the possibility of objection and removal please refer to the data privacy notices of the respective social media providers. We do not process such data ourselves.

VIII. Rights of the data subject

If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights granted by the GDPR vis-à-vis the controller:

1. Right of access

You can demand confirmation from the controller whether we are processing personal data concerning you. If such processing is taking place, you can demand the following information from the controller:

1. the purposes for which the personal data are processed;
2. the categories of personal data being processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
4. ‍the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
5. the existence of a right to the rectification or erasure of personal data concerning you, a right to the restriction of processing by the controller or a right to object to such processing;
6. the existence of a right to lodge a complaint with a supervisory authority;
7. any available information on the origin of the data if the personal data are not collected from the data subject;
8. the existence of automated decision-making including profiling in accordance with Art. 22(1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and as well as the significance and the envisaged consequences of such processing for the data subject.

‍If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.
In the context of the use of information society services, you may exercise your right to object by automated means using technical specifications.

‍You have the right to demand information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may demand to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have the right to obtain rectification and/or completion from the controller without undue delay if your personal data processed are incorrect or incomplete.

3. Right to restriction of processing

You may request that the processing of personal data concerning you be restricted where one of the following applies:

• you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
• the controller no longer needs the personal data for the purposes of processing, but you require them for the establishment, exercise or defence of legal claims, or
• you have lodged an objection to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

‍If the processing of your personal data has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of the establishment, exercise or defence of rights or the protection of the rights of another natural or legal person or on grounds of important public interest.

‍If the processing has been restricted according to the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasure

a) Duty to erase

You may request the controller to erase your personal data without undue delay. The controller is obliged to erase this data without undue delay if one of the following reasons applies:

1. the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
2. you withdraw your consent, on which the processing was based and there is no other legal basis for the processing;
3. you lodge an objection against the processing and there are no compelling legitimate grounds for the processing;
4. the personal data concerning you have been processed unlawfully;
5. the deletion of personal data concerning you is necessary in order to fulfil a legal obligation under any law to which the controller is subject to; or
6. the personal data concerning you were collected in relation to information society services offered pursuant to Art. 8(1) GDPR.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it, the controller, taking account of available technology and reasonable cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary:

• for exercising the right of freedom of expression and information;
• for compliance with a legal obligation which requires processing by law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) as well as Art. 9(3) GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89(1) GDPR in so far as the right referred to in paragraph (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
• for the establishment, exercise or defence of legal claims.

5. Right to be informed

If you have exercised your right to have the controller rectify or erase data or restrict its processing, the controller is obliged to inform all recipients to whom your personal data have been disclosed of this rectification or erasure of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of such recipients.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

• the processing is based on consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR; and
• the processing is carried out by automated means.

‍In exercising this right, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.

7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Art. 6(1)(e) or (f) GDPR; this also applies for profiling based on those provisions.

‍The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

If you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.

‍If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing; this also applies for profiling to the extent that it is related to such direct marketing.

8. Right to withdraw consent on data processing

You have the right to withdraw your consent on data processing at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out on the basis of the consent until withdrawal.

9. Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you or which affects you in a similarly significant way. This does not apply if the decision:

• is necessary for entering into, or performance of, a contract between you and a data controller;
• is authorised by law to which the controller is subject and which also lays down suitable measures to safeguard yours rights and freedoms and legitimate interests; or
• is based on your explicit consent.

‍However, these decisions must not be based on special sensitive categories of personal data unless legal exceptions apply and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

‍In the cases referred to in (1) and (3), the data controller will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

IX. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the EU-Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

‍In such a case, the supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

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