Terms of Use

The CFS Client Portal makes information and documents available on an online platform owned and run by CFS. The present Terms of Use, as amended from time to time at CFS’ sole discretion, shall govern the relationship between the User and CFS in respect of the User’s access to the Client Portal.

Definitions

• Account means the personal and confidential account the User opens on the Client Portal section of the Website by providing personal information in order to gain access to the Client Portal.


• CFS means Carnegie Fund Services SA, 11 Rue du Général-Dufour, 1204 Geneva, Switzerland.


• CFS Client means any entity having entered into an agreement for representation and, if applicable, paying agency services provided to foreign funds in view of their marketing in Switzerland.


• Content means information and documents made available by CFS in relation to the representation and, if applicable, paying agency services provided to CFS Clients.


• Client Portal means the online platform made accessible to the User in the dedicated section of the Website of CFS.


• Personal Data means any personal information provided by the User that will be processed by CFS such as name, contact details, employer, IP-address, country of residence, as well as access date and time, web browser and version used and visited URLs. Personal Data, in the context of accessing the Client Portal, includes professional information of the User, namely: name and address of employer, professional e-mail address and phone number. Personal Data does not include data from which the User can no longer be identified, such as anonymized data.


• User means the physical person employed by a CFS Client – or one of its delegates – that has provided Personal Data, as required to register, open an Account and gain access to the Client Portal. The User grants CFS a mandate to obtain Content governed by the present Terms of Use.


• Website means www.reyl.com

1. Description

The purpose of the Client Portal is to give an overview of the services provided to CFS Clients in the context of the representation and the marketing of their funds in Switzerland.

2. User and Account

Natural persons wishing to access the Client Portal for the account of their employer shall provide Personal Data as required in the dedicated form. Once the registration information has been completed, CFS shall validate the User’s registration request and authorise the opening of the Account.

Access to the Account will allow the User to:

• Modify his/her Personal Data;


• Access the Content made available by CFS;


• Access the Terms of Use;


• Require the deletion of the Account.

The Account is for the professional use of the User only. When opening the Account, the User must provide CFS with complete and accurate Personal Data on the User and must keep such information up to date. The User’s access is protected by a password chosen by the User. The User must always keep the Account access information confidential. The User is not allowed to pass his/her Account access details and password to colleagues and third parties. If the colleagues of a User wish to gain access to the Client Portal, they are required to complete the dedicated form and submit it to CFS.

The User acknowledges that all materials and Content displayed on the Client Portal that are not publicly available (for instance on an official publication platform) are confidential.

The User is expressly and strictly prohibited from:

• publishing any Content in any media nor share with journalists any information available on the Client Portal;


• selling, sublicensing, showing and/or otherwise commercializing any Content;


• using the Client Portal in any way that is, or may be, damaging to CFS and/or that impacts access to the Client Portal;


• using the Client Portal in contradiction with applicable laws and regulations, or in a way that causes, or may cause, harm to the Client Portal and CFS, or to any person or business entity mentioned in the Client Portal.

3. Content provided by CFS

The Client Portal and the information provided thereon as well as the Content are solely intended for the User’s personal use in accordance with the present Terms of Use.

By using the Client Portal, the User expressly relieves and holds harmless CFS from any and all liability arising from the use of the Client Portal and the Content.

4. Availability

CFS may at its sole discretion restrict accessibility to and/or availability of the Website and Client Portal, for maintenance or updating purposes. Further, the Website and the Client Portal (incl. alert services and other services made available on the Client Portal) may not be accessible in total or part due to technical issues.

CFS will use its best efforts to always maintain the full functioning and availability of the Website and the Client Portal. CFS does not grant any warranty in respect of uninterrupted availability and error-free functionality of the Website, the Client Portal and related services. CFS may not be held liable in any way if the Website and the Client Portal are not available or not functioning normally.

5. Accuracy

The Content CFS makes available on the Client Portal is for information purposes only. The Client Portal is a tool for the User to get an overview of the services provided and relevant documentation. While CFS will use its best efforts to ensure the Content published on the Client Portal is factually accurate and up to date at all times, CFS will under no circumstances be liable in any way for any Content available on the Client Portal, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any information posted, emailed, accessed, transmitted, or otherwise made available.

Why is Personal Data collected?
By creating an Account, the User is required to provide Personal Data. All Personal Data is collected for the purposes of appropriately identifying the Users and granting access to the Client Portal. CFS may also contact the User with regards to CFS’ service and to perform any obligations within the scope of a contractual relationship or to answer queries.

How Personal Data is collected and used
CFS collects and processes Personal Data when the User opens an Account or contacts CFS by letter, telephone, email to dpo@reyl.com. or any other means of electronic or personal communication, to the extent permitted by applicable law, i.e. if:

• the User has provided his/her consent;


• necessary to perform contractual obligations;


• necessary to comply with legal obligations;


• legitimate interests, which are not overridden by the User’s interests or fundamental rights and freedoms, allow for it.

When opening an Account, the User expressly consents to the above-described data processing.

Personal Data will be held by CFS in accordance with the Swiss Federal Act on Data Protection of 19 June 1992 as amended, and, to the extent applicable, in accordance with the European Union General Data Protection Regulation of 25 May 2018 (“GDPR”), as amended.

All Personal Data collected by CFS is processed in Switzerland.

To help improve the service, and for security reasons, CFS may monitor and record the activity of the User on the Client Portal.

CFS will only use, process and hold Personal Data to fulfil the purposes for which it was collected.

Personal Data of the User will only be retained for one year after the deletion of the Account in accordance with applicable laws and regulations.

How the User can update his/her data and withdraw his/her consent
When logged into the Account, the User may update or correct his/her data. The User may also withdraw his/her consent subject to clause 3 above, at any time by clicking “Delete” on the “My Account” page of the Client Portal. Upon deactivation of his/her Account on the Client Portal, the User may continue to receive emails due to another contractual relationship with CFS.

User’s rights in relation to Personal Data collected by CFS
The User may exercise his/her individual rights in relation to his/her Personal Data, namely to:

• request information on how CFS treats Personal Data and privacy;


• request access to Personal Data;


• request the rectification of his/her Personal Data;


• request the removal of Personal Data (right to be forgotten). The removal of Personal Data will automatically result in the deletion of the Account;


• request the restriction of processing of Personal Data;


• request and receive a copy of the Personal Data (‘right to data portability’);


• lodge a complaint with the Office of the Federal Data Protection and Information Commissioner FDPIC https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html or, as the case may be, any other competent supervisory authority that has jurisdiction over the matter.

The User may exercise the above-listed rights by contacting CFS at dpo@reyl.com.

Security of Personal Data
CFS endeavours to ensure the security and integrity of the Users’ personal data through adequate and reasonable technical measures. As such, unauthorized access to personal data is prevented using firewalls and password protection systems.

Data Protection Officer
Queries in relation with the processing of personal data can be directed to the Data Protection Officer of CFS using the form available on the Client Portal or the email address shown below:

E-Mail: dpo@reyl.com.

7. Changes to the Terms of Use

CFS may change the present Terms of Use, including the Privacy Policy, at any time by updating the clauses contained therein without prior written notice. Thereafter, the revised Terms of Use, including the Privacy Policy, shall be binding.

8. Applicable law and jurisdiction

The present Terms of Use are exclusively governed by Swiss law. The courts in Geneva shall have jurisdiction for any dispute arising from the relationship between the User and/or CFS Client and CFS in connection with the use of the Client Portal.

User must accept the Terms of Use at the end of the Form

• I have read, understood and agree to the Terms of Use