Terms-of-use

1. Scope

These Terms of Use (“Terms of Use“) apply to the use of the Website www.qio.finance and any possible services, functions and products provided via the Website (“Website“). Quantitative Investment Office AG (“QIO“) is the operator and owner of the Website. By accessing and using the Website you accept these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Website.

2. Restrictions of use

In particular, you are not allowed to carry out the following activities:

Copy, reproduce, modify, sell, sublicense and/or otherwise commercialize the Website or the Website content;
Remove, alter, circumvent, or interfere with any copyright, trademark, or other proprietary notices that appear on the Website or any content contained therein;
Using this Website in a way that is or could be harmful to this Website;
Using this Website in a way that interferes with other users’ access to this Website;
Using this Website in violation of applicable laws and regulations or in a manner that causes or is likely to cause damage to the Website or any person or entity;
Use of harmful software, especially viruses, Trojan horses and similar;
Systematically requesting, collecting and extracting data or other similar activities in connection with this Website or during the use of this Website
Access to the Website via an automated system, including but not limited to any type of bots, offline readers, robots, etc., or other measures that may place an unreasonable burden on the infrastructure;
Use of the Website to collect personal data;
circumventing measures that QIO may use to prevent or restrict access to or use of the Website; and
reverse engineer (or attempt to reverse engineer) any part of the Website, including deriving the source code or creating derivative works or materials of any kind using the content available on the Website.

3. Information Purpose; No Offer

Unless expressly stated otherwise on the Website, the information provided on the Website is for information purposes only. The information does not constitute a binding offer to purchase products or other services.

4. Limitation of Liability; Disclaimer

The Website, together with all content, data, information and materials contained therein, is provided “as is” and “as available” without warranties or representations of any kind by QIO. Furthermore, QIO does not guarantee that the Website or individual parts of it will function without errors or be accessible at all times. QIO does not assume any responsibility for a possible loss of data. The use of the Website is at your own risk.

QIO rejects any liability for all direct and indirect damages including pure financial losses resulting from the use of the Website as far as legally permissible. Mandatory legal provisions are reserved.

You agree to fully indemnify and hold QIO harmless from and against any and all liabilities, costs, claims, causes of action, damages and expenses arising in any way in connection with your breach of any of the provisions of these Terms of Use.

5. Intellectual Property

QIO (and any possible licensors), is the owner of all rights, titles and interests in all information and content (including all text, data, graphics and logos) on the Website. This also includes the design and structure of the Website and offers. You may not modify, copy, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer or otherwise use, in whole or in part, any information, text, graphics, images, video clips, directories, databases, data, listings or software obtained from the Website for any commercial or public purpose without QIO’s prior written permission. All rights are reserved. Systematic retrieval of content from the Website for any purpose is prohibited without prior written permission from QIO.

You are granted only a limited, non-exclusive, non-transferable, non-commercial and purely personal right to use and access the Website, subject to the restrictions set forth in these Terms of Use and any other restrictions that may apply.

6. Links

This Website may contain third-party content or links to third-party Websites. QIO assumes no responsibility and makes no warranties, representations or assurances whatsoever with respect to third party Websites and their content.QIO disclaims any liability in this context.Should QIO become aware of any infringement, QIO will remove the respective links or contents as soon as possible.

7. Privacy Policy

QIO processes personal data of you in the context of the use of the Website as the data controller. QIO always processes personal data confidentially and in accordance with the applicable data protection regulations. The following provisions in section 7 inform you about the collection, use and disclosure of personal data when using the Website and the rights you have in connection with this data.

By agreeing to these Terms of Use, you also expressly consent to the processing of personal data as set out below.

7.1 Personal Data collected by QIO

7.1.1 Personal Data, which you make available to QIO

When you contact QIO – for example by filling out the contact form on the Website – you provide QIO with certain personal information. This data includes in particular contact details (including your name and email address), the content of your communication as well as the content of any attachments or supplements. QIO uses this data to process your contact request and to get back to you.

If you subscribe to QIO’s newsletter, QIO collects your contact details as well as any information that allows QIO to verify that you are the owner of the email address provided and that the owner agrees to receive the newsletter. You can revoke your consent to this at any time – for example via the link ‘unsubscribe’ or similar in the newsletter. We will not send you any newsletters without your express consent.

If you apply to QIO, you agree to the collection and storage of personal data in this context. This may include, in particular, your contact details, demographic data, data concerning your curriculum vitae, your education and your previous employment. QIO does not pass on this data to third parties and deletes it after completion of the application process.

7.1.2 Personal Data collected by QIO in the course of using the Website

When you use the Website, QIO collects information about how you access and use the Website (“Usage Data“). This Usage Data is sent by your browser each time you visit the Website and may include information such as your IP address, browser type, browser version, the pages of the Website that you visit, the time and date of your visit, the time spent on those pages and other diagnostic information. If you access the Website from a mobile device, Usage Data may also include information about the type of your device, its unique ID and other diagnostic information. The collection of this Usage Data is intended to help us provide, maintain and improve the Website and your user experience.

QIO and its partners (e.g. advertising and analysis partners) use cookies and related tracking technologies to track your use of the Website and to collect certain data. For further information please refer to section 6.10.

7.1.3 Personal Data, which QIO receives from third parties

Other users of the Website may provide personal information about you when they contact QIO. For example, QIO may receive information about you from a support request from another user. QIO uses this information to process the corresponding requests of the other users.

QIO may receive information about you and your activities on and off the Website from QIO’s partners (e.g. advertising and analysis partners). QIO may receive information about your interest in and activities related to the Website. QIO may use this information to improve the Website and your user experience as well as to promote it.

7.2 Legal Basis and Purposes

The legal basis for the collection and use of the personal data described depends on the data collected by QIO and the specific purposes for which QIO processes it. In addition to the purposes stated in each case in section 7.1, QIO uses the collected data in particular for the following purposes and is based on the following legal bases:

Contract: For the purpose of fulfilling contractual obligations or to carry out steps in connection with a contract:

To provide the Website and to improve and expand it.
To provide you with customer service and support.

Consent: For the following purposes QIO can rely on your voluntarily given consent at the time of the provision of your personal data:

To provide you with news, special offers, newsletters and general information about services offered by QIO (with your express permission).
When you apply to QIO.

Legitimate interests: For the following purposes QIO relies on an overriding legitimate interest:

Provision and maintenance of the Website as well as the detection, prevention and combating of security threats.
Analysis, improvement, personalization and monitoring of Website usage and communication.

Public interest: For the purpose of meeting obligations in the regulatory and public interest:

Maintain records in accordance with applicable regulations and laws.

7.3 Retention of Personal Data

QIO will only store your personal data for as long as it is necessary for the purposes stated in Sections 7.1 and 7.2 and only to the extent necessary to fulfil QIO’s legal obligations, to settle possible disputes and to enforce QIO’s legal agreements and guidelines.

Please note that QIO also stores Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time unless it is used to improve the security or functionality of the Website or unless QIO is required by law to retain it for a longer period of time.

7.4 Storage and Transmission of Personal Data

Your personal data is stored on servers in Switzerland. For this purpose QIO uses carefully selected Service Providers.

QIO will take reasonable steps to ensure that your personal information is not transferred to any organization unless adequate safeguards are in place. These safeguards include, but are not limited to

Transmission to countries that offer an adequate level of protection according to the country lists published by the Federal Data Protection and Information Commissioner.
The application of appropriate standard contractual clauses.
The application of binding company rules.

7.5 Service Providers

QIO may engage third party companies and individuals to provide services, facilitate the operation of the Website, provide the Website on behalf of QIO, perform Website related services or assist QIO in analysing the use of the Website (“Service Provider“). These service providers will only have access to your personal information to perform these functions on behalf of QIO and are required not to disclose or use it for any other purpose.

7.6 Disclosure of Personal Data

QIO may disclose your personal data in good faith if QIO believes that this is necessary:

To comply with a legal obligation (i.e. where disclosure is required by law or is made in response to a legitimate government request).
To protect and defend the rights and property of QIO.
To prevent or investigate possible misconduct in connection with the use of the Website.
To protect yourself from legal liability.

7.7 Data security

QIO takes technical and organisational security measures which QIO considers appropriate to protect your stored data against manipulation, loss or unauthorised access by third parties. The security measures are continuously adapted according to the technological development.

QIO also takes internal data protection very seriously. The employees of QIO as well as the commissioned service providers are obliged to secrecy and to comply with the applicable data protection laws. Furthermore, they are only granted access to personal data to the extent that this is necessary for the fulfilment of their respective tasks or their respective mandate.

The security of your personal data is important to QIO. However, please note that no method of transmission over the Internet or method of electronic storage is completely secure. Although QIO uses appropriate means to protect your personal data, QIO cannot guarantee absolute security of your data. QIO recommends that you use anti-virus software, a firewall and similar software to protect your system and your data.

7.8 Privacy rights

Depending on your country of residence, you may have the privacy rights listed below. QIO may ask you to provide proof of your identity before QIO responds to requests to exercise your rights.

Access to your personal data (or the exercise of one of the other rights) is generally free of charge and usually within 30 days. In exceptional cases, namely in case of disproportionate effort, you may be charged a reasonable fee for exercising the right of access. In addition, the right to information can be denied in obviously unfounded or querulatory cases.

Right to information and access	You have the right to know whether QIO processes and stores personal data about you. If this is the case, you can request information about this personal data as well as further information about processing, duration of storage etc. You can also request a copy of your personal data, which QIO will make available to you in electronic form.
Right to correction and completion	If you believe that QIO has incorrect or incomplete information about you, you may request QIO to correct or complete records.
Right to withdraw consent	If you have given your consent to the collection, processing and transfer of your personal data, you have the right to withdraw your consent in whole or in part. This also applies to cases in which you wish to unsubscribe from marketing communications. Once QIO has received notification that you have withdrawn your consent, QIO will no longer process your data for the purposes for which you originally agreed (unless QIO has another legal basis for processing).
Right to deletion	You have the right to request that QIO delete your personal data if they are no longer necessary for the purposes for which they were collected or if they have been processed unlawfully.
Right to limit processing	You have the right to request a restriction on the processing of your personal data if you believe that the data is incorrect or that processing by QIO is unlawful.
Right to data output and transmission	You have the right to request that QIO transfer your personal data in a standard format (e.g. excel) to another data controller if the data is data that you have provided to QIO and if QIO processes this data on the basis of your consent or for the fulfilment of contractual obligations. You also have the right to demand that QIO transfers the data to another person responsible for data processing, unless this would require a disproportionate effort.
Right to object to the processing	If QIO processes your personal data on the basis of a legitimate interest, you can object to such processing if the reasons for the objection relate to your particular situation. QIO will comply with your request, unless (i) QIO has a compelling legal basis for processing your data which overrides your interests or (ii) QIO needs to continue processing your personal data in order to exercise or defend a legal claim.
Right to lodge a complaint with a supervisory authority	You have the right to lodge a complaint with a data protection supervisory authority if you believe that the processing of your personal data violates data protection law. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch/edoeb/en/home.html).

7.9 Links to third party Websites

The Website may contain links to Websites or applications that are not operated by QIO. When you click on a third-party link, you will be directed to that third-party Website or application. QIO has no control over and is not responsible for the content, privacy policies or practices of third party Websites or services.

7.10 Use of cookies

QIO uses ‘cookies’ and similar technologies in the provision of the Website. Cookies do not damage your computer nor do they contain viruses. Cookies help to make the Website more user-friendly, effective and safe. Cookies are text files that are placed on your computer and stored by your browser.

The majority of cookies used by QIO are ‘session cookies’. These are automatically deleted at the end of your visit. Other cookies remain stored on your device until you delete them (‘permanent cookies’). These cookies enable QIO to recognize your browser during your next visit.

You can set your browser so that you are informed when cookies are saved and cookies are only permitted under certain circumstances, block cookies completely or under certain circumstances or ensure that cookies are deleted when you close your browser. Please note that you cannot disable technically necessary cookies, otherwise QIO will not be able to provide the Website. If you wish to restrict, block or delete cookies that are set by the Website (or generally by other Websites), you can do so at any time via your browser settings. The ‘Help’ function of your browser will provide you with further information. Please note that disabling cookies may limit the functionality of the Website.

QIO uses the following categories of cookies for the following functions:

Cookie	Category	Function
[Description]	[Session / Permanent]	[Technically necessary / Marketing / Analysis / Other (together “not technically necessary”)]
viewed_cookie_policy	Permanent	Technically necessary
CookieLawInfoConsent	Permanent	Technically necessary
cookielawinfo-checkbox-non-necessary	Permanent	not technically necessary
cookielawinfo-checkbox-necessary	Permanent	Technically necessary

8. Changes

QIO may change and update these Terms of Use at any time. If QIO makes such changes, QIO will publish them on the Website. All changes will become effective upon their publication. If you continue to use the Website, you agree to these changes. QIO recommends that you consult these Terms of Use regularly.

9. Final provisions

If any provision(s) of these Terms of Use is or are (in whole or in part) unlawful, void or otherwise unenforceable, the other provisions of these Terms of Use shall remain in full force and effect with any necessary adjustments.

These Terms of Use are subject exclusively to substantial Swiss law, excluding conflict of laws provisions and the UN Convention on the International Sale of Goods (CISG). All disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the ordinary courts at the domicile of QIO Quantitative Investment Office AG.