Legal Disclaimers

Use of the Descartes Finance AG (“Descartes”) website is subject to the following terms and legal disclaimers:

Depending on the applicable legal provisions, use of the services provided by Descartes, including access to the information on this website, may be limited for certain people. Each user is responsible for finding out about and complying with the restrictions that apply in their particular case. Descartes does not assume responsibility for compliance with such restrictions.

All information published by Descartes is offered for purely information purposes and constitutes neither promotion, a recommendation or advice nor a solicitation to purchase or sell investments, engage in or conclude any transaction.

All information provided on the website is drawn from reliable, verified sources. Descartes makes no guarantee, explicit or implicit, for the currency, accuracy, reliability and completeness of the information and views presented on the website. They are provided purely for private use, and information can be changed at any time without notice. The information provided does not constitute guidance on decisions on legal, tax or other matters, nor should decisions on investments or other matters be made on its basis.

Under no circumstances does Descartes assume liability for losses and damages of any sort, including direct, indirect or consequential damages that arise in connection with access to and/or use of this website or links provided on it to other websites, even if Descartes has been alerted to the possibility of such damages.

If users leave this website by activating links to other websites, they are on websites not monitored by Descartes and do so at their own risk. Descartes gives no warranty and assumes no liability for any content of third-party websites, nor for consequential damages arising from their use.

In any disputes arising from the use of this website, only the German text is binding. Swiss law applies, and the competent courts are the regular courts at the domicile of Descartes Finance AG.

 

Data Privacy Statement

1. Responsibility for data processing

This data privacy statement is applicable to data processing by Descartes Finance AG (“Descartes”). Questions related to the processing of data by Descartes can be addressed to info@descartes-finance.com or info@descartes.finance.

2 Data collected and saved when you use this website

Data collected automatically

When you visit the www.descartes-finance.com or www.descartes.finance website, your browser transmits information to our website’s server. The following data are temporarily stored anonymously (i.e. without a link to any specific personal data) in a so-called log file before being automatically deleted:

• Your computer's IP Address
• The date and time you accessed our website
• The name and URL of the file you retrieved
• If you accessed www.descartes-finance.com or www.descartes.finance via link on another website, the so-called referrer URL.
• If the user falls under the scope of the EU’s General Data Protection Regulation (GDPR), the legal basis for this procedure is Article 6(1)(f) GDPR.

Please see below for information on the use of cookies and analytics services.

Data provided by you

Descartes is a regulated financial intermediary under the terms of the Swiss Federal Anti-Money Laundering Act and a member of the Financial Services Standards Association (VQF, Self-Regulatory Organisation or SRO) in Zug. Under its statutory duties of due diligence, Descartes is required to request, store and document specific data from you when you create and use a user account. In the course of the account-opening process you will be asked to enter the following information:

• Given name and surname
• Address
• Mobile number
• Email address
• A password you choose yourself
• Date of birth
• Financial situation
• Risk profile
• Choice of model portfolio
• Selected bank

We will save these data and store them in your customer profile. We will use these data to process your request, create a customer file and provide the services desired by you. We will save these data in accordance with the statutory duties of due diligence and record retention requirements.

3 Use of cookies

Descartes uses so-called cookies on its website. Cookies trigger your browser to create and save a text file on your device. This file contains information on the configuration of your browser and device and on the history of your visits to our website. A link with personal data will only be made if you have registered with Descartes as a customer.

So-called session cookies are only stored for the duration of your visit to our website and will be deleted automatically once you leave. These session cookies tell our server which of our web pages you have already visited during the current session.

So-called temporary cookies contain information on the configuration of your device and, if you are registered as a customer, a reference to your customer number and your settings. This enables storage of the history of your visits and the settings you have made for visiting the website. These cookies are deleted after a certain period of time.

Finally, Descartes uses cookies to be able to do a statistical analysis of website use. Here the relevant information is the number of visits to our website, device configuration and location, and other information on the user. If you are registered with Descartes as a customer, these cookies will also contain a reference to your customer number.

If the GDPR is applicable, the legal basis for collecting these data via cookies is Article 6(1)(f) GDPR.

If you do not wish these cookies to be automatically stored on your device, you can configure your browser accordingly. However, completely deactivating cookies in your browser may prevent you from using our website or certain of its features.

4 Analytics services

For the purposes of ensuring that our website is fit for purpose and can undergo continuous improvement, we use Google Analytics, a web analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”).

This service creates pseudonymised user profiles and cookies (see 3 above) on your device. The information stored in the cookie about your use of this website, such as

• Browser type/version
• Operation system used
• Referrer URL (if you got to www.descartes-finance.com or www.descartes.finance via a link on another website)
• Host name of the accessing computer (IP address)
• Time of the server query,

is transferred to a Google server in the USA, where it is saved. This information is used to evaluate use of the website, to compile reports on website activities and to provide other services linked to website use and internet use for the purposes of market research and ensuring that these websites are fit for use. This information may also be transferred to third parties if this is required by law or if the third parties have been engaged to process the data. In no circumstances will your IP address be combined with other data by Google. The IP addresses are anonymised so that they cannot be identified (IP masking).

You will find information on using a so-called opt-out cookie to prevent Google Analytics from using cookies at https://tools.google.com/dlpage/gaoptout?hl=en. If you set your browser to prevent the use of cookies, you may be prevented from using our website or some of its features. Further information about data protection relating to Google Analytics is available in the Google Analytics help section.

If the GDPR is applicable, the legal basis for the use of analytics services is to be found in Article 6(1)(f) GDPR.

5 Use of social media plugins

The Descartes website include plugins and buttons for various social media platforms. When you visit our website these create a connection to the relevant platform operator in the background and forward the data on your visit to the operator. If you visit our website and are a registered member of the social media platform in question, your profile can be linked to your visit to our website. If you use the relevant button, your profile will be actively linked with our website.

For information of the scope of the data registered by the social media platform, please consult the relevant platform’s data privacy statement. Descartes assumes no liability for the use of your data by the social media platform in question.

6 Disclosure of your data to third parties

Disclosure of your data by Descartes to third parties (for example custodian banks) is subject to the statutory due diligence requirements for financial intermediaries. To this extent, data will be disclosed to third parties only if:

• Descartes is explicitly authorised to do so on the basis of a legal obligation (within the scope of the GDPR under the terms of Article 6(1)(c) GDPR) or contractual provision (within the scope of the GDPR under the terms of Article 6(1)(b) GDPR);
• You have given your express consent (within the scope of the GDPR under the terms of Article 6(1)(a) GDPR);
• Disclosure is necessary to assert, exercise or defend legal claims of Descartes and there is no reason to assume that you have an overriding legitimate interest in non-disclosure (within the scope of the GDPR under the terms of Article 6(1)(f) GDPR).

7 Your rights in terms of the protection and processing of your data

Under the terms of the Swiss Data Protection Act and, to the extent applicable, the GDPR, you have the right to

• demand information on the personal data concerning you which we process.
  In particular, you may obtain information on the purposes of the processing, the category of personal data, the categories of recipient to whom your data has been disclosed, the envisaged retention period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the source of your data if it was not collected by us, and also the existence of any automated decisionmaking, including profiling and, if applicable, substantive details of how this works;
• demand the rectification or completion of the personal data concerning you stored with us;
• demand the erasure of the personal data concerning you stored with us, provided processing is not required to fulfil a statutory requirement or safeguard an overriding public interest, or to assert, exercise or defend legal claims of Descartes;
• demand that the processing of personal data concerning you be restricted if you contest the accuracy of the data, processing is unlawful but you oppose their erasure, if we no longer need the personal data for the purposes of the processing but you require them to establish, exercise or defend legal claims, or you have objected to processing.
  Within the scope of the GDPR, under the terms of Article 20 GDPR you also have the right to receive personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format, or to demand that these data be transmitted to another controller.
  If we are processing data on the basis of your consent, you have the right to withdraw your consent to us at any time. As a result we will not be permitted to continue with the processing that was based on this consent in the future;
• lodge a complaint with a supervisory authority.

8 Right to object

Within the scope of the GDPR you have the right to object to the processing of your personal data if they are being processed on the basis of legitimate interests as per Article 6(1)(f) GDPR and you have grounds for objection on the basis of your own particular situation, or where you object to processing for direct marketing purposes.

In the latter case you have a general right to object which we will honour without you specifying a particular situation.

If you wish to exercise your right to revoke consent or object, send us an e-mail to info@descartes-finance.com or info@descartes.finance.

9 Retention of records

Your data will only be retained for as long as the purpose of use requires. In principle the retention period of ten years stipulated in Article 958f of the Swiss Code of Obligations applies for all customer-related data. The retention period for other data will be determined on a case-by-case basis depending on the type of data provided, the reason for their collection, the legal basis and our statutory or operational retention requirements.

10 Data Security

Descartes assures that industry-standard technologies and security measures are used to safeguard the integrity of your data and protect them from unauthorised access by third parties.

On its website Descartes uses SSL (Secure Socket Layer) technology in conjunction with the highest level of encryption supported by your browser (usually 256-but encryption). If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. A secure or encrypted website connection is indicated by a key/padlock symbol in the status bar of your browser.

11 Validity

This data privacy statement is currently valid and dates from September 2019.

It may be necessary to amend this data privacy statement as part of our efforts to constantly develop our website and related offerings or comply with changes in the legal or regulatory requirements.

 

Copyright

The entire content of the Web site of Descartes Finance AG is protected by copyright laws (all rights reserved) and is owned by Descartes Finance AG unless otherwise stated. Reproduction, transmission, modification, linking, and usage of this Web site is prohibited for any public and/or commercial purpose.

Publisher and responsible for the content on this site:

Descartes Finance AG
Stockerstrasse 54
8002 Zürich
Switzerland

Inhaber: Descartes Finance AG
Code: LAB360 GmbH
Design: atelier MUY
Photography: Anita Affentranger