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Privacy Policy

PRIVACY NOTICE


February 2025


Version 3.0


At Altarius we are firmly committed to safeguarding your privacy and maintaining the integrity and confidentiality of your Personal data. You can find information about us, our Services and our legal basis to process your Personal Data in this Privacy Notice. Any capitalized terms not defined here shall have the meaning given to them in our Terms of Use.

This Privacy Notice describes our current practices governing the collection, use, storage, and protection of Personal Data (together, the Processing of Personal Data) we obtain from our Users, including visitors to this Website. It further explains your rights as a Data Subject, as defined, and under, on the General Data Protection Regulation (Regulation (EU) 2016/679), hereinafter referred to as “GDPR”, as well as in other equivalent jurisdictions. It furthermore reflects the obligations of the jurisdictions in which we operate, including the jurisdictions of our Affiliated Companies.
By accessing and using our Services, including access to, and use of, this Website, you confirm that you have read, understood, and consented to the practices outlined in this Privacy Policy.


1. About Altarius


This Website and the Services are made available by Altarius. Altarius is the name of the joint Data Controller. Services may vary depending on the entity that is providing them, and are provided based on the legal ability to do so. Please see relevant terms of use for additional information.


2. Information We Collect and How We Use It

We collect and processes various categories of Personal Data at the start of and for the duration of our relationship with you. Some categories of personal data are kept beyond the termination of our relationship where so required by law. We limit the collection and processing of information to what is necessary to ensure compliance with our legal, regulatory and contractual obligations. When you access the Website, engage with our services, or when you interact with us via email, social media or other means of contact, we may ask you for the information we need to verify your identity and support the Services provided. This can include a broad range of information, as defined in this section.


2.1. Personal Information


Personal information may include full name, home address, age, signature, e-mail address, mobile number, date of birth, nationality, passport number, driver’s license details, national identity card details, photographs, employment information, utility bills, and /or financial information. We may also ask you to provide evidence of your identity such as asking for a copy of your passport or driving license, and proof of residence and/or proof of income. We may furthermore collect additional information from public and private sources, including, but not limited to, available lists of Politically Exposed Persons, Sanctions Lists, Adverse Media using international information aggregators and other platforms for KYC and CDD purposes, as applicable.


2.2. Device Information


We may collect and process records of your activity on the Website, and obtain information from third parties on activities you’ve undertaken on their platforms, as applicable.


2.3. Use of Cookies and tracking technologies


Cookies and web beacons are also employed to enhance your browsing experience. Cookies are text files stored on your device, which may be temporary (session cookies) or persistent, remaining until manually deleted or expired. Web beacons are small, invisible files used to track interactions with our website. Visitors retain the ability to manage or disable cookies and web beacons through browser settings or via our cookie consent tool.


3. How we process your Personal Data


We process your Personal Data based primarily on your consent. We collect Data from you based on your interactions with our Website and/or use of our Services, and your interactions with us via social media or via our communication channels.


3.1. Data Collection


We may collect Data during your interactions with us. We may also collect data from publicly available sources, or from third parties, provided it has been lawfully obtained and processed.


3.2. Data Sharing


We may share Data with third parties, namely with Data Processors, as per below, to assist us providing the Services to you, and/or discharging our legal and contractual obligations. In addition, we may share your Personal Data with regulators, law enforcement agencies, government agencies, courts, tribunals and other public entities. We may, provided we have the right safeguards in place, share your data with auditors, consultants, whether internal or external, and, in the event of a corporate event such as corporate acquisition, sale or merger, we may share some or all Personal Data with third parties, for lawful purposes. In addition, we may share your data with any novating entities and entities affiliated with Altarius without limitation. We will not share your data for marketing purposes without your clear and specific consent. In addition, we may share your Data (i) with our affiliated companies and entities, (ii) with third parties for the provision of ancillary services, or support services, such as software providers and servers.


3.3. Data Processors


We use Data Processors to help us discharge certain obligations, such as (i) complying with our due diligence and anti-money laundering legal requirements, (ii) process your requests and support, (iii) store your Personal Data (section 7), and (iv) comply with our contractual obligations. We take all reasonable steps to ensure that our Data Processors comply with the Applicable Law, or, at least, with a legal regime similar to the EU GDPR, and have effective measures and practices in place to prevent any unlawful use or access to your Data.


3.4. Data Transfers Outside the EEA


Should the processing of personal data involve transfers outside the European Economic Area (EEA), ALTARIUS ensures that appropriate safeguards are in place. These safeguards may include Standard Contractual Clauses approved by the European Commission or reliance on adequacy decisions confirming that the recipient country offers an equivalent level of data protection. Detailed information on these measures is available upon request.


4. Why we process your Personal Data


We process your Personal Data to:
(a) Provide you with information on our Services;
(b) Provide you with our Services, as the case may be;
(c) verify your identity and carry out checks that we are required to conduct by applicable laws and regulations, including without limitation, “know your customer”, anti-money laundering, transactions, fraud, sanctions and politically exposed person checks;
(d) contact you on matters related to your queries;
(e) provide you with notices related to the Services, general updates, market updates and other marketing materials, including, the Services offered by us, it being understood that we will give you the option of electing not to receive communications and you can unsubscribe at any time by notifying us that you wish to do so;


We may, from time to time, process your Personal Data for reasons other than this section 4, provided this is done with a lawful basis and does not harm your Data Protection rights. We will notify you in the event of any material changes to this processing and give you the option to oppose such processes, in the terms of this Notice.


5. Lawful basis for processing your Personal Data


In accordance with Applicable Law, Personal Data must be processed lawfully, fairly and in a transparent manner in relation to the Data Subject (‘lawfulness, fairness and transparency’). It must be collected for specific and legitimate purposes, and be processed in a manner that is consistent with those purposes.


5.1. Consent


We will very likely rely on your consent to process your Personal Data. Your consent must be freely given, and the processing of your Personal Data based on consent is limited to the matters to which you gave consent to. By accessing our Services or interacting with us, you give consent to our process your Data for the purposes of providing such Services, including any contractual and pre contractual information.


5.2. Compliance with Laws and Regulations


We may also process your Data base on legal obligations, irrespective of your consent. We have an obligation to identify you and comply with certain rules and regulations related to money laundering, terrorist funding, proliferation funding and sanctions management, as well as undertaking identify verification, and source of funds and source of wealth confirmation, as applicable. In addition, we may flag any suspicious activities to the relevant law enforcement agencies, which don’t require consent and may be done based on legal obligation.


5.3. Performance of a Contract


In the event you enter into an Agreement with us, we may process your Data based on a requirement to deliver and comply with our obligations of that contract.


5.4. Legitimate Interest


We may also process your personal data where it is in our legitimate interest (or the interests of a third party) to do so, provided that those interests override your interests or fundamental rights or freedoms. There may be cases where your interests and fundamental rights could override our legitimate interests. This may happen in cases where personal data are processed in circumstances where you do not reasonably expect further processing. We will always need to (1) identify a legitimate interest (2) show that processing is necessary to achieve it; and (2) balance it against your interests, rights, and freedoms. Some non-exhaustive examples of situations where we may seek to pursue legitimate interests include (4) marketing purposes, (5) defense of legal claims, (6) or to prevent fraud.


6. Data Retention


Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected, in compliance with GDPR. For inquiries, data is retained for a maximum of two years unless ongoing communication necessitates extended retention. Data collected for marketing purposes is retained until you withdraw your consent. Data used for statistical and analytical purposes, including IP addresses, is retained for up to 12 months. Upon expiration of the retention period, data is securely deleted or anonymized for non-identifiable use. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. At the end of the retention period, we will securely delete or destroy data retained, and require our Data Processors or third parties suppliers to do the same.


7. Security Measures


Altarius employs robust technical and organizational measures to ensure the security and integrity of your personal data. These measures include encryption protocols, regular system audits, and access controls. While all reasonable efforts are made to protect your information, no method of data transmission or storage is entirely secure, and absolute security cannot be guaranteed. Should we face a security breach we will inform you, and take all reasonable steps to mitigate any negative impact it may have on your Data.


8. Links to Third-Party Websites


Our website may contain links to external websites for your convenience. Altarius assumes no responsibility for the privacy practices or content of these external sites. We encourage you to review the privacy policies of any websites you visit.


9. Your GDPR Rights


As a data subject, you possess a range of rights under GDPR. These include the right to access your personal data and to rectify inaccuracies or incomplete information. You may also request the erasure of your data, exercise your right to restrict processing under specified circumstances, or object to data processing based on legitimate interests or for direct marketing purposes. Furthermore, you are entitled to request the transfer of your data to another controller in a structured, commonly used, and machine-readable format. Where processing is based on consent, you retain the right to withdraw that consent at any time without affecting the lawfulness of prior processing.


9.1. Right of Access


You are entitled to request a copy of the information we hold about you, and the third parties with whom we are processing it.


9.2. Right of Ratification


You are entitled to request incomplete or incorrect information we hold about you to be corrected and updated.


9.3. Right to be forgotten


You are entitled to have all data we hold about you deleted, and any processing halted, in case you object to the processing of data.


9.4. Right of objection


Where we are processing your data based on legitimate interest, you are entitled to request such processing to be halted, and data held to be removed or having its processing restricted.


9.5. Right of restriction


You have the right to restrict an processing of your data.


9.6. Right of transfer


You have the right to request your data to be transferred to another party.


9.7. Right of objection to automated decision making


You have the right to contest any automated decision making and request human intervention.


10. How to exercise your Rights


To exercise any of the rights above, or to contact Altarius in relation to any issues related to Data protection, please use the email address:
dataprotection@altariuscapital.com

Please note that whilst we take all reasonable steps to ensure a fair an unimpeded exercise of rights, we will always act within Applicable Law, meaning that you may not be able to fully exercise all the rights on section 9, namely where such disclosure would:
(a) Violate Applicable Law; or
(b) Prove to be impossible or requires disproportionate effort on our part, provided that we, as Data Controller, take appropriate steps to protect your rights as Data Subject.


11. Updates to This Privacy Policy


This Privacy Notice may be amended periodically to reflect changes in legal requirements or our data processing practices. Any material changes will be communicated prominently on our website, and where applicable, you may be notified directly. You are encouraged to review this document regularly to stay informed.

Welcome to the Altarius Capital ETIS
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Terms of Use

By accessing the Altarius Capital website you declare
that you have understood and accept the following terms of use and legal
information. If you do not agree with the conditions, please refrain
from accessing this website.

Authorised users

The information included on the following webpages is exclusively addressed to persons who are residents in the countries where the prospectus has been passported and authorised for distribution, and must not be distributed to persons or accessed by persons outside those countries.

The user agrees to discontinue use of these webpages if, now or in the future, he or she ceases to be located in the above mentioned country.

In relation to the offering of the products described on this website, see also paragraph “Selling restrictions” below.

Advertisement of the Product

This webpage performs as an advertisement of the product. We recommend investors read the Prospectus in full since the product is not simple and may be difficult to understand. Furthermore, the approval of the Prospectus does not mean the endorsement of investment activities by the regulator.

No offer, no solicitation to purchase, subscribe or sell

These webpages serve solely to give the user access to information that Altarius Capital Limited (referred to collectively with affiliates as “Altarius Capital”) has decided to make publicly available, and do not constitute and are not to be construed as, a solicitation or offer by Altarius Capital, to purchase, subscribe for or sell securities. Investors are not able to purchase, subscribe or sell the securities described on these webpages directly from Altarius Capital, but through their own bank/intermediary only.

No contract to provide information; no advice; hotline; complaints

The use of these webpages shall not create a contractual relationship with Altarius Capital extending beyond these Terms and Conditions of Use. In particular, the information presented on these webpages shall not be deemed to be an offer by Altarius Capital to enter into an advisory agreement or any other contract to provide information either on a gratuitous or non-gratuitous basis. In light of this, the user’s visit to these webpages or retrieval of information contained therein shall not bring about a contract between Altarius Capital and the user to provide information.

Neither the information on these webpages nor information which users receive through the hotline shall constitute any investment, tax or other advisory service. Such information does not take into account the user’s specific situation as regards, inter alia, his or her knowledge of the relevant securities, investment targets and risk appetite, financial situation as well as his or her tax and accounting position. Such information does not replace the advice by your bank/intermediary or any other tax or financial adviser, which is essential in each individual case prior to taking any purchasing, subscribing or selling decision.

Users should direct any objections or complaints relating to these webpages in writing to the following address:

Altarius Capital Limited

6, Bayside Road

World Trade Center 5.26

GX11 1AA Gibraltar

No financial analysis

Information provided on the webpages does not constitute financial analysis and also does not satisfy the statutory requirements for ensuring the unbiased nature of financial analysis; nor is such information subject to a ban on trading prior to the publication of financial analyses.

Risks

The purchase/subscription of securities is associated with financial risks. Given unfavourable conditions, such risks may materialise and lead to a total loss of the invested capital. Potential investors should carefully read the base prospectus, the relevant final terms and any supplements to the base prospectus in order to understand the risks associated with an investment in the securities. Potential investors should consult their own bank/intermediary or any other tax or financial adviser prior to taking any purchasing, subscribing or selling decision.

Price information

The price information contained in these webpages originates either from third-party sources such as financial information service providers or has been calculated by Altarius Capital itself and should not be relied upon to predict future values or prices.

In some cases, current prices of securities or underlyings may be shown with a time delay. Users can find additional price information, in particular information pertaining to the past price performance of the underlying, at the place referred to in the prospectus for the relevant security. Historical price performance is not a reliable indicator of future price performance of the underlying or the securities. It should be noted that Altarius Capital provides no warranty for the accuracy of the price information and that price information shall be subject to correction at any time (see also with respect to the exclusion of warranty in paragraph “No warranty for content” below). Potential investors should consult their own bank/intermediary or any other tax or financial adviser prior to taking any purchasing, subscribing or selling decision.

Information on returns

On these webpages, all information concerning returns, such as bonus or maximum returns, refers to gross returns which do not factor in costs that will be incurred and, unless expressly indicated otherwise, in taxes to be paid by the relevant investor. Investors will, in fact, incur costs and taxes which diminish returns. These include, for example, securities account costs or transaction costs. The extent of the impact of any such costs and tax on the net return depends on the amount of the investment and the costs and tax actually incurred by the relevant investor. Potential investors should consult their own bank/intermediary and/or any other tax or financial adviser prior to taking any purchasing, subscribing or selling decision.

Key Information Document

If required by applicable laws or if Altarius Capital decides to make available without the obligation to do so, Key Information Documents (KIDs) can be retrieved on these webpages on the relevant product detail site under the “Documents” section.

To the extent the user retrieves a KID, Altarius Capital shall be entitled – but not required – to store user data (in particular the IP address, provider and the referrer URL), the time of access and the contents of the KID transmitted to the user. Such storage serves to satisfy regulatory requirements, and the stored data may also be used in the context of legal disputes between the user or other investors and Altarius Capital. The data privacy policy also refers to this data.

Prospectus

Users considering the purchase/subscription of securities described on these webpages should carefully read the base prospectus, which, in addition to the final terms and any supplements to the base prospectus, is published on these webpages (see the “Prospectuses” heading and the relevant product detail site) and which is obtainable free of charge from the issuer, Altarius ETI AG, Im alten Riet 102, 9494 Schaan, Principality of Liechtenstein.

Conflicts of interest

It should be noted that, from time to time, Altarius Capital purchases or sells securities, commodities, futures and options for hedging and other purposes, or holds positions (long or short) in these which are identical to or connected with such securities. This may possibly have an adverse impact on the value of the securities. In addition, Altarius Capital may be the calculation agent or sponsor of underlyings and, as such, may make determinations which adversely affect the value of the securities.

Commission payments by Altarius Capital

Altarius Capital may pay commissions to distribution partners in connection with the distribution of any securities. Such commission payments will reduce the return the investor is able to achieve. If commissions are paid, you will find information pertaining to the amount of these commission payments in the relevant final terms.

Selling restrictions

The products described on these webpages are not permitted to be offered for sale in all countries and are in each case reserved for the group of persons who are authorised to purchase the products. The selling restrictions which apply to specific products are set out in the relevant prospectuses and should be read carefully by the user.

In particular, the following selling restrictions apply:

Legal entities domiciled in the U.S.

The information contained in these webpages is not intended for the U.S. U.S. citizens (within the meaning of Regulation S of the U.S. Securities Act of 1933) and legal entities which are domiciled in the U.S. are prohibited from accessing these webpages. Information provided on these webpages is not permitted to be disseminated or disclosed in the U.S. or other countries in which doing so would breach their applicable law. The securities listed here are not and will not be registered pursuant to the U.S. Securities Act of 1933, and no authorisation was obtained to trade these securities pursuant to the U.S. Commodities Exchange Act of 1936. The securities are not permitted to be sold or offered in the U.S., to U.S. citizens or to legal entities domiciled in the U.S.

The products described on these webpages will be offered or sold to legal entities in other jurisdictions only if this is permissible under the relevant applicable legal provisions.

No warranty for content

The provision of or the content on these webpages or other services shall not give rise to any obligations of Altarius Capital vis-à-vis the users.

Although these webpages are based on information which Altarius Capital deems reliable and Altarius Capital strives to keep this information up-to-date, Altarius Capital provides no warranty whatsoever for the information contained on these webpages (announcements regarding the terms and conditions of the securities shall remain unaffected thereby). In particular, Altarius Capital provides no warranty as to (a) the quality, accuracy, correctness, availability and completeness of the data and other information on these webpages, (b) the timely and accurate notification of users that defined limits and thresholds have been reached, (c) continuing to provide or update such information in the future, (d) the suitability or appropriateness of securities for investors, (e) the accounting and tax consequences of investing in securities and (f) the future price performance of securities. Investors should consult their own bank/intermediary and/or any other tax or financial adviser prior to taking any purchasing, subscribing or selling decision.

The values and prices presented on these webpages do not factor in the size of transactions, i.e., a specific transaction’s size may result in deviating values or prices. In addition, these may not correspond to the value or price which is obtainable on the relevant market at the time a user would like to purchase or sell specific securities or currency.

Links

These webpages may contain links to websites which are financed and maintained by third parties. Altarius Capital provides users with such links solely to assist them in finding other sites. Altarius Capital has not examined the information, software or products on such sites with respect to content or proper functioning. As such, Altarius Capital makes no representations whatsoever about the content of such sites. In addition, Altarius Capital assumes no liability for any technical defects or viruses contained on such sites. The fact that Altarius Capital provides a link does not constitute a recommendation or confirmation by Altarius Capital as to the content on such sites, their owners or the persons responsible for them.

Rights in content and layout

The content and layout of the webpages, including the underlying software, are copyrighted and otherwise protected. The reproduction, transmission, modification, linking or use of the webpages (in full or in part) for public or commercial uses without the written consent of Altarius Capital shall be prohibited. Downloads and copies of these webpages are for private, non-commercial use only; they may not be disclosed to third parties.

Data Privacy

Further information on data protection, as updated from time to time, can be found under the following link. The information published under the link takes precedence.

http://c33669ff-7086-4792-afdc-cc15d569a1c5.pub.instances.scw.cloud/privacidad/

Amendments

We reserve the right to amend these Terms and Conditions without giving prior notification. We therefore advise you to check this page on a regular basis.

These Terms and Conditions was last updated on 12 October 2020.

Applicable law/jurisdiction

These Terms and Conditions of Use shall be governed by the laws of the Principality of Liechtenstein.

In respect of any legal disputes arising in connection with these Terms and Conditions, all private users who are not residents of one of the countries in which Council Regulation (EC) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters applies, or which is a signatory and ratified of the Lugano Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters, and all commercial users shall be subject to the exclusive jurisdiction of the competent court of Vaduz, Liechtenstein.