Important Legal Information

Before continuing to browse, please read the terms and conditions of use of this website (hereinafter: the “Website”).

By accessing this Website and the information it contains, you acknowledge that you understand and agree to the following terms of use. You will then be considered a user of the Website (hereinafter: the “User”). If you do not agree, you are requested to leave the Website.

1. Website provider

The Website provider is GERIFONDS SA, rue du Maupas 2, case postale 691, 1001 Lausanne (hereinafter: “GERIFONDS”). GERIFONDS is a fund management company authorised and supervised by the Swiss Financial Market Supervisory Authority (FINMA).

2. No offer or advertising

The Website has been developed for information purposes only, i.e. to present GERIFONDS, its activities and products. It does not constitute a financial service, an offer or advertising within the meaning of the applicable regulations.

Users are requested to indicate their investor profile and country of residence. Information relating to certain products may be intended for qualified investors only. The selection of an incorrect investor profile could therefore result in access to unauthorised information for the User. Private investors’ access to the information contained on the Website is limited to products authorised for sale to the public in their country of residence. Users are responsible for selecting the correct investor profile and country of residence. GERIFONDS cannot be held responsible for the choices of the User.

3. Access to the Website

Access to the Website is prohibited to any person subject to a jurisdiction (due to nationality, country of residence or for any other reason) in which the publication or provision of access to the Website would constitute a violation of applicable laws and/or regulations. Persons subject to such restrictions must not access or use the Website.

It is possible that the products presented on the Website may not be authorised to persons subject to a jurisdiction other than that of Switzerland (due to their nationality, country of residence or for any other reason). Where applicable, it is the User’s responsibility to consult his/her advisor in order to learn about any legal requirements or terms and conditions of acquisition, offer or marketing relating to the products in question.

4. Legal restrictions

Any offer, sale or delivery of products referenced on the Website is subject to the applicable legislation of the country concerned.

None of the products referenced on the Website will be offered, sold or delivered to persons residing in a country in which such activity would be contrary to applicable laws and/or regulations. Such persons must not access the Website. It is therefore the User’s responsibility to ensure that he/she is authorised to access it.

In particular, none of the products listed on the Website is or will be registered under the 1933 Securities Act of the United States of America. The products may not be offered, sold, transferred or delivered, directly or indirectly:

1. in the United States and its territories, possessions or areas subject to its jurisdiction or
2. to citizens of the United States (nationals or bi-nationals) regardless of their domicile or residence or
3. to persons having their domicile or residence in the United States or
4. to other natural or legal persons, trusts, legal entities or other structures for which their income and/or returns, regardless of their origin, are subject to US income tax or
5. to persons who have the status of “US Person”, as defined in Regulation S of the Securities Act and/or the US Commodity Exchange Act of 1936 in their current version or
6. to trusts, legal entities or other structures created for the purpose of allowing the persons mentioned in points 1 to 5 to invest in these products.

5. Product risks and performance

The risks associated with certain products are not suitable for all investors. It is the User’s responsibility to consult the current documentation of the products, such as the prospectus, fund contract, management rules/articles of association, annual and semi-annual reports, to contact his/her advisor for a specific review in light of his/her risk profile and to learn about the risks inherent in any investment decision.

Past performance is not a guarantee of current or future performance. An investment may appreciate or depreciate due to many reasons and investors may not get back the full amount originally invested.

6.Third party websites

This Website may contain automatic links to websites controlled or made available by third parties, respectively the content of websites controlled or made available by third parties may lead to this Website. GERIFONDS has not verified any of these websites. Browsing on these sites is at the User’s own risk. Consequently, GERIFONDS offers no guarantee and assumes no responsibility for the content, information or material made available through third-party websites.

7.Disclaimer

GERIFONDS endeavours to ensure that the information published on the Website is accurate and complete at the time of its publication. However, although this information is obtained from sources deemed reliable, GERIFONDS cannot guarantee, either explicitly or implicitly, its accuracy, reliability, timeliness, appropriateness or completeness for any purpose whatsoever.

GERIFONDS reserves the right to modify the content of the Website at any time and without notice.

GERIFONDS cannot guarantee that the information distributed on the Website has not been modified due to technical failures (disconnection, third-party interference, viruses, etc.).

The information contained on the Website must not under any circumstances be interpreted as constituting investment, legal, tax or other advice.

Any investment decision based on the information available on the Website is therefore taken at the sole risk of the User.

8. Limitation of liability

GERIFONDS and its data providers may not be held liable for any direct or indirect loss or damage of any kind whatsoever, whether it be damage resulting from access to this Website, its use, viewing or browsing, or from links to or to websites of third parties.

9. Governing law and jurisdiction

The validity of these terms of use, their execution, as well as any claim or dispute arising therefrom, are subject to Swiss law and the jurisdiction of the Lausanne courts. GERIFONDS nevertheless reserves the right to bring proceedings at the domicile of the User of the Website or before any other competent court.

10. Website ownership, trademarks and copyrights

The entire Website www.gerifonds.ch is protected by copyright. The User is not authorised, in whole or in part, to reproduce, transmit (by electronic means or in any other way), modify, create a link to the Website or use it for any public or commercial use without the prior written authorisation of GERIFONDS.

GERIFONDS and its logo are protected trademarks. Any use requires the prior written consent of GERIFONDS.

All photographs were taken by drone in Switzerland and are the property of GERIFONDS. Any reproduction, dissemination or any other use of them are strictly prohibited. Photographer: Marcus Veith.

11. Modification of the terms and conditions of use of the Website

GERIFONDS reserves the right to modify the terms and conditions of use of the Website at any time and without notice. By viewing and using the Website, the User expressly and unequivocally accepts the terms and conditions of use in force at that time.

GERIFONDS SA (hereinafter: “GERIFONDS”) uses cookies to collect data about the use of its website (hereinafter: the “Website”). Users of the Website (hereinafter: the “Users”) therefore must read the following information.

1. What is a cookie?

A cookie refers to a text file that is sent by a website and stored on the user’s computer terminal (e.g. computer, smartphone) from his/her browser. The data collected in the cookies are then returned to the original website at each subsequent visit. The vast majority of websites use cookies.

A cookie enables its issuer to identify and recognise the terminal where this cookie is stored, during the period of validity and storage of this cookie.

2. What cookies are used by GERIFONDS and for what purpose?

GERIFONDS uses required and analytical cookies. No personal data is collected through these cookies.

Strictly necessary cookies

Strictly necessary cookies are essential for the proper functioning of the Website. These cookies enable the User to browse the Website and use its functionalities. It is therefore not possible to modify this configuration.

Analytical cookies

Analytical cookies are used for statistical purposes with the sole aim of improving the use of the Website. However, their use systematically requires the consent of the User. These cookies collect information about how visitors use the Website, including the following data:

Number of connections to the Website
Geographical area from which the Website has been viewed
Type of version viewed (French/English/German)

The data collected through analytical cookies are used exclusively by GERIFONDS and are not disseminated externally.

3. How are cookies configured?

The User can manage the cookies and change their settings at any time:

1) through its navigation software, or

2) through the configuration tools provided for on the Website.

The configuration of each navigation software is different and is described in the help menu of the navigation software used by the User. This will enable the User to know how to change their general preferences regarding cookies.

If the User accepts in his/her browser to allow cookies to be recorded on his/her device, the cookies embedded in the pages he/she has viewed and their content may be temporarily stored in an ad hoc space on his/her device.

If the User refuses to allow cookies to be recorded on his/her device, or if he/she deletes the cookies stored on it, he/she will no longer be able to use a certain number of features on the Website.

4. User Consent and Renewal

Strictly necessary cookies do not require the consent of the User.

When the User consents to the use of analytical cookies, this consent is valid for a maximum period of six months, at the end of which he/she will be asked to renew his/her consent. This renewal may also be made earlier if the User logs in from another terminal or if he/she modifies the settings of his/her browsing software, or when the Website is updated.

The procedures for exercising creditor and shareholder rights for products governed by Swiss law are mentioned in the relevant prospectuses (Information concerning the management of the fund/Exercise of creditor and shareholder rights).

Upon request, investors may obtain information about the exercise of creditor and shareholder rights. Requests must be sent in writing to GERIFONDS SA, Case postale 691, 1001 Lausanne or to the email address @email.

Any complaints or claims by investors for products governed by Swiss law must be sent in writing to GERIFONDS SA, Case postale 691, 1001 Lausanne or to the email address @email.

Any reference to “you” and “your” shall be construed as including:

employees, directors, managers, legal or professional representatives, agents, affiliates, beneficial owners of prospects and current clients of GERIFONDS SA (hereinafter: “GERIFONDS”), or
simply visitors to the GERIFONDS website, or
other persons in contact with GERIFONDS whose personal data may be collected or processed by GERIFONDS.

This data protection statement is provided to you as a natural person in the context of interactions that GERIFONDS may have with you and which would lead it to process some of your personal data, in its capacity as data controller.

1. Who is responsible for your personal data and who can you contact?

As part of its activities, GERIFONDS processes your personal data transparently and in compliance with the Federal Data Protection Act (DPA). The processing of personal data refers to any operation relating to the personal data of natural persons, regardless of the means and methods used, in particular the collection, recording, storage, use, modification, communication, archiving, erasure or destruction of data.

In its capacity as data controller, GERIFONDS may be required to subcontract to a third party, on its behalf, the processing of personal data (hereinafter: the “processor”).

If you have any questions regarding this statement, please contact:

GERIFONDS SA
Rue du Maupas 2
Case postale 691
1001 Lausanne

@email

2. What personal data is processed?

Personal data includes any information relating to an identified or identifiable natural person. To this end, GERIFONDS may have to process the following personal data:

Personal identification information e.g. name, address, telephone number, email address, signature, business contact details;
Personal characteristics, e.g. date of birth, nationality, place of origin;
Professional information, e.g. employment and professional history, title, professional skills, curriculum vitae, professional references;
Credentials issued by public bodies, e.g. passport, ID card, work permit;
Data relating to reputational and background checks;
Financial information, e.g. bank details, extracts from the register of the debt enforcement and bankruptcy office;
Information about cookies (see GERIFONDS’ Cookie Policy).

3. On what legal basis is your personal data processed?

GERIFONDS collects and processes your personal data to the extent necessary for the intended purpose and on the basis of the following legal reasons:

due to legal or regulatory obligations;
in the context of contractual execution (including the pre-contractual stage);
in the presence of legitimate interests without unduly affecting your interests and to the extent that this personal data is necessary for these purposes;
when requesting mutual assistance, procedure or any other form of cooperation with the competent authorities;
with your prior consent when the requested processing is not based on any of the reasons mentioned above or when required by law (in particular for special categories of personal data, such as your biometric data).

4. For what purposes is your personal data processed?

Depending on the purpose of the processing, and on the basis of the reasons referred to in section 3., GERIFONDS collects and processes only the personal data required, in particular:

to manage and administer the products, including all ancillary services related to this activity;
to manage the business relationship and communications with you;
to receive and process complaints or other requests from you;
to comply with the legal and regulatory obligations to which GERIFONDS is subject;
to conduct regular audits and/or reviews;
for active risk management, in accordance with which market, process, liquidity and image risks, as well as operational and legal risks, need to be identified, limited and controlled;
to respond to any actual or potential proceedings, request or investigation by a public or judicial authority;
to exercise the duties and/or rights of GERIFONDS with regard to you or with regard to third parties;
to have real or potential rights established, exercised and/or defended in connection with legal actions, investigations or similar proceedings.

5. How is your personal data collected?

GERIFONDS may collect information about you:

directly from you; and/or,
indirectly through other external sources, in particular publicly accessible sources, or information provided by third parties, such as your employer (the latter being one of GERIFONDS’ clients or service providers).

6. Does GERIFONDS use profiling (automated processing of personal data)?

GERIFONDS does not carry out any personal data profiling.

7. Communication of personal data

GERIFONDS reserves the right to disclose the personal data or make it accessible, in accordance with the legal provisions in force or insofar as this is otherwise authorised or required, to the following recipients:

GERIFONDS staff members: GERIFONDS has taken appropriate technical and organisational measures to ensure that personal data is disclosed only to members of staff (e.g. employees and auxiliaries) responsible for fulfilling, on behalf of GERIFONDS, the contractual, legal and supervisory obligations to which GERIFONDS is subject in connection with the disclosure of personal data. The members of staff to whom the personal data is disclosed are contractually subject to the applicable legal confidentiality obligations as well as to business secrecy;
BCV, the Parent Company of GERIFONDS, for limited purposes such as compliance or risk management requirements;
Public, regulatory (e.g. financial supervisory or tax authorities) or judicial authorities when required by law or regulation, or when requested by authorities or courts of law. Personal data may also be provided to these entities when required to enable GERIFONDS to establish facts, exercise its rights or defend itself against a current or future claim;
GERIFONDS’ subcontractors likely to process personal data. In such cases, limited personal data may be used by the recipients independently for their own purposes, in accordance with the legal provisions applicable to them;
Auditors or legal advisers.

Personal data may also be communicated outside Switzerland to the aforementioned persons under this clause, in compliance with Swiss law. These will mainly be countries where data protection regulations have been recognised as “adequate” compared to Swiss law. Exceptionally, if personal data needs to be communicated to a State that does not offer an adequate level within the meaning of Swiss data protection legislation, GERIFONDS shall ensure that appropriate technical, organisational and legal safeguards and measures are put in place, in particular through binding contractual clauses with the recipient of the personal data in order to protect the personal data and guarantee that this transfer is carried out in compliance with the applicable data protection rules.

With regard to the communication of personal data to authorities, within the meaning of the paragraph above, outside Switzerland, GERIFONDS complies with the legal requirements applicable to international mutual assistance and the requirements of FINMA regarding the direct transmission of non-public information to foreign authorities and services.

8. How long is personal data stored?

GERIFONDS retains the personal data for as long as necessary to fulfil the purposes for which the data was collected and processed as indicated above. GERIFONDS deletes personal data when it is no longer necessary to achieve the purposes of the processing, subject, however, to (i) legal or regulatory requirements applicable to the retention of personal data for a longer period of time; or (ii) the need to have real or potential rights established, exercised and/or defended in connection with legal actions, investigations or similar proceedings.

9. What are your data protection rights?

Subject to the limitations provided for in this statement and/or the applicable legal provisions, you may exercise the rights below, by contacting the data controller (see section 1):

Request access to the personal data held by GERIFONDS and receive a copy thereof;
Request rectification or erasure of inaccurate personal data. In this respect, GERIFONDS ensures that personal data is kept up to date. Consequently, you are asked to inform GERIFONDS of any change in your personal data;
Request the erasure of personal data when its processing is no longer necessary to achieve the purposes, or is not or is no longer lawful for other reasons, subject however to the applicable retention periods (see section 8 above);
Request a restriction on the processing of personal data whose accuracy is disputed, if the processing is unlawful or if the data subjects have objected to the processing;
Withdraw your consent at any time where the processing of your personal data is based on your consent;
Object to the processing of your personal data, in which case GERIFONDS will no longer process the personal data, unless an exception according to the following paragraph applies.

GERIFONDS remains authorised to continue the processing of your personal data if it is (i) legally mandatory, (ii) necessary for the performance of the contract to which you are a party, or (iii) necessary for the purposes of the legitimate interests that GERIFONDS pursues, including the establishment, exercise or defence of a legal claim.

Version of 16/04/2024

Important Legal Information

I. TERMS OF USE OF THE WEBSITE

II. COOKIES POLICY

III. EXERCISE OF CREDITOR AND SHAREHOLDER RIGHTS

IV. INVESTOR COMPLAINTS AND CLAIMS

V. DATA PROTECTION STATEMENT