MBaer Merchant Bank AG reserves the right to change, supplement or delete the contents of the website and these provisions in whole or in part at any time at its discretion. The same applies to improvements and/or changes to the information and/or products and services described. Please check these terms and conditions at regular intervals for any changes. If you continue to use the www.mbaerbank.com website after any changes to this information have been published, you will be deemed to have agreed to the changes.

Terms and conditions of use

This website is not intended for natural or legal persons who on account of their nationality and/or residence/registered office or for other reasons are subject to a legal system which generally prohibits or restricts the publication of the content or the cross-border activity of a foreign financial institution. In particular, the offering of MBaer Merchant Bank AG is not directed at persons domiciled in the United States, Canada, the UK or Germany.

Before purchasing financial instruments or investment services, we recommend that you discuss this in detail with your investment advisor. In particular, the chosen investment strategy must be consistent with your stated investment objectives, your stated risk tolerance and your financial circumstances. You can obtain further information from your advisor. Tax treatment depends on your personal circumstances and may be subject to change.

The content published on this website is provided solely for information purposes and for investors domiciled in Switzerland. It does not constitute an offer or a recommendation to purchase investment instruments and does not release recipients from making their own assessment and decisions. The correctness, completeness and up-to-dateness of the information cannot be guaranteed. Historical performance is no guarantee of future results. An investment in fund units is associated with risks, in particular the risk of fluctuations in value and return. 

When redeeming fund units, investors may receive back less money than they originally invested. Investments in foreign currencies involve the additional risk that the foreign currency might lose value against the investor’s reference currency. 

Subscriptions for fund units are only valid on the basis of the current sales prospectus, the simplified prospectus or the key investor information, the Articles of Association and the latest annual report (or semi-annual report, if more recent). You can download these documents free of charge from www.fundinfo.com.

Exclusion of warranty and liability

MBaer Merchant Bank AG disclaims without limitation all liability for any loss or damage of any kind incurred by you or any third party as a result of accessing or using the website or any portion thereof, or any links to third-party websites. You visit the website and use the information it contains and any offers listed there at your own risk and responsibility.

Liability is excluded for internet failures of any kind (e.g. business interruptions, malfunctions, viruses, harmful components, etc.), misuse by third parties and loss of programs or other data in your IT system.

Linked websites

Some links on the website lead to third-party websites. These are outside the control of MBaer Merchant Bank AG. MBaer Merchant Bank AG therefore accepts no responsibility whatsoever for the accuracy, completeness or lawfulness of the content of such websites or for links to other websites, or for any offers, products and services contained on such websites. You use linked websites at your own risk.

Data privacy notice

MBaer Merchant Bank AG («MBaer») understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, http://www.mbaerbank.com/ (“Website”) and (subject to the limited exceptions in section What data do we collect) we do not collect personal data about you unless you contact us (see section How do we use your data, below). Any personal data we do collect will only be used as permitted by law. 

Please read this Privacy Policy (“Policy”) carefully and ensure that you understand it. Your acceptance of the Policy is deemed to occur upon your first use of the Website. If you do not accept and agree with this Policy, you must stop using the Website immediately.

In this Policy, the following terms shall have the following meanings:

Means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to us via the Website. This definition shall, where applicable, incorporate the definitions provided in the Swiss Data Protection Act (as revised from time to time) (“DPA”).

This Policy applies only to your use of the Website. The Website may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

As a data subject, you have the following rights under the DPA:

• The right to be informed about our collection and use of personal data;
• The right of access to the personal data we hold about you (see section What data do we collect);
• The right to rectification if any personal data we hold about you is inaccurate or incomplete (please contact us using the details in section Contacting us);
• The right to be forgotten – i.e. the right to ask us to delete any personal data we hold about you;
• The right to restrict (i.e. prevent) the processing of your personal data;
• The right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
• The right to object to us using your personal data for particular purposes; and
• Rights with respect to automated decision making and profiling.

If you have any cause for complaint about our use of your personal data, please contact us using the details provided in section Contacting us and we will do our best to solve the problem for you. If we are unable to help, you also have the right to lodge a complaint with the Swiss Federal Data Protection and Information Officer (“FDPIC”).

Subject to the purpose in section How do we use your data, we do not collect any personal data from you. We do place cookies on your computer or device. In this context, please refer to our Cookie Policy on our Website. If you send us an email, we may collect your name, your email address, and any other information which you choose to give us.

If we do collect any personal data, it will be processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the DPA at all times. For more details on security see section How and where do we store your personal data, below.
As noted above, we do not generally collect any personal data. If you contact us and we obtain your personal details from your email, we may use them as follows:

• To reply to your email.
• To send you the requested information via other channels.

You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it. We will not share any of your data with any third parties for any purposes.

After the contract has come to an end, your personal data will initially be retained for the duration of the warranty period, and then for the duration of the statutory retention period, in particular retention periods under tax or commercial law. It will be deleted after expiry of such period if you have not agreed to further processing and use. Your data will only be stored in the Switzerland. Data security is very important to us, and to protect your data we have taken suitable measures to safeguard and secure any data we hold about you (even if it is only your email address).

You have the right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details at dataprotection@mbaerbank.com.

If you have any questions about the Website or this Policy, please contact us by email at dataprotection@mbaerbank.com. Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you.

We may change this Policy from time to time (for example, if the law changes). Any changes will be immediately posted on the Website and you will be deemed to have accepted the terms of the Policy on your first use of the Website following the alterations. We recommend that you check this page regularly to keep up-to-date.

Processing your personal data

“Personal Data” is any information relating to you or that we as MBaer Merchant Bank AG (“MBaer” or “we”) can otherwise link to you. Personal Data we collect include your name, postal address, email address, phone number, and domicile.

We collect Personal Data that you voluntarily provide to us, for example when

• you communicate with us via email or other channels,
• when you ask us to send you messages or other materials, and
• when you contact us via the contact form or
• when you apply for a position through the job application section.

The web server collects the usual data such as time stamp, IP address, accessed page, referring page, request size, request status and browser version. In some cases, your Personal Data has been supplemented by information retrieved from other sources, including searches via publicly available search engines, sector-specific newsletters and social media.

We use your Personal Data we collect for communication purposes, including

• in order to contact you in case of an inquiry through the contact form and/or the job application section, and
• to maintain our contact list.

We do not make your Personal Data available to any third party.

As set out above, we process your Personal Data for communication purposes. We rely on our legitimate interests in maintaining business relationships and communicating with you as a business contact. We consider that our legitimate interests comply with the regulation and your legal rights and freedoms.

MBaer is a Swiss company and all your Personal Data is processed and stored on servers in Switzerland.

Your Personal Data will be saved for the specified purposes mentioned above for as long as you are our business contact. You can unsubscribe at any time, if you no longer wish to receive information from us. If you choose to unsubscribe, we will cease to send you such communications.

We have implemented appropriate technical and organisational security measures to help protect your Personal Data against loss and to safeguard against access by unauthorized persons.

Please do not hesitate to contact us. You will find the contact details on our contact page. You have the right to know what Personal Data we process about you and may request a copy. You are also entitled to have incorrect Personal Data about you corrected, and you may – in some cases – ask us to delete your Personal Data. You can also object to certain Personal Data about you being processed and request that processing of your Personal Data be limited. Please note that the limitation or deletion of your Personal Data may mean we will be unable to provide the communications described above. You also have the right to receive your Personal Data in a machine-readable format and have the data transferred to another party responsible for data processing. If you disagree with how we process your Personal Data, you are also entitled to report this to the Swiss Federal Data Protection.

If you have any questions about how we process your Personal Data, please feel free to contact us at dataprotection@mbaerbank.com.

Server logfiles

You can visit our websites without providing any personal information. Each time you access our website, usage data is transmitted via your web browser and stored in server log files. This stored data includes, for example, the name of the page accessed, the date and time of access, the amount of data transferred and the requesting provider. The sole purposes of this data are to ensure trouble-free operation of our website and to improve our services. It is not possible to attribute this data to a specific person.

Cookies

Our website uses cookies. Cookies are small text files that are stored in the web browser or by the web browser on a 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 typical string of characters that enables the browser to be uniquely identified when the website is accessed again. We use cookies to make our website more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognise your browser, even after you have switched to another webpage, and to offer you services. Some functions of our website cannot be offered without the use of cookies. To enable these functions, the browser has to be identifiable after a change of webpage.

We also use cookies on our website because they allow us to analyse the surfing behaviour of our website visitors.

In addition, we use cookies so that we can subsequently appeal to visitors on other websites with targeted, interest-based advertising.

Data is processed in accordance with Art. 6FADP based on a legitimate interest in relation to the above-mentioned purposes. The data collected from you in this way is pseudonymised technically. It is therefore not possible to attribute the data to you. Such data is not stored with any other personal data of yours. You have the right to object at any time to this processing of your personal data in accordance with Art. 6 FADP.

Cookies are stored on your computer, giving you full control over the use of cookies. By selecting the appropriate technical settings in your web browser, you can prevent cookies from being stored and the data they contain from being transmitted. Cookies that have already been stored can be deleted at any time. However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. You can find out using the following links how to manage cookies in the most widely used browsers (including how to deactivate them):

https://support.google.com/accounts/answer/61416?hl=en

https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies

https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

https://support.apple.com/en-gb/guide/safari/sfri11471/mac

Automatic exchange of information

MBaer Merchant Bank AG is obliged to publish a list of all partner countries with which Switzerland has entered into an agreement on the automatic exchange of information. You can find an up-to-date list of these countries here:
https://www.sif.admin.ch/sif/en/home/multilateral/steuer_informationsaust/automatischer-informationsaustausch/automatischer-informationsaustausch1.html

Deposit insurance

Securities belong to our clients. The following applies to cash deposits: Like every bank and securities firm in Switzerland, MBaer Merchant Bank AG is obliged to sign the Agreement by Swiss Banks and Securities Dealers on Depositor Protection, and is therefore a member of esisuisse. Client deposits at Swiss branches of the bank are protected in the amount of up to CHF 100,000 per client, per bank. You will find all relevant information on the deposit insurance system at www.esisuisse.ch.