Legal notice

 

Imprint

Company                   FiveT Capital AG

Address:                    Seedammstrasse 3

Country:                    8808 Pfäffikon SZ

Mail                           contact@fivet.com

Web                          www.fivet.com

 

Commercial Register Entry

Commercial Register Entry of the Canton of Schwyz (Switzerland)

Commercial Register Office: Freienbach

Legal Form: Ltd.

UID: CHE-113.165.421

Value Added Tax Number: CHE-113.165.421 MWST

Persons authorized to represent the company: Wieland Kreuder (individual signature), Benjamin Kressler (collective signature), Peter Tschirky (collective signature).

 

Legal Notice

This is a website of FiveT Capital AG referred below as “FiveT”.

By using the website, you accept our Legal Notice and Privacy Policy. Please read the following Legal Notice and Privacy Police before browsing the website.

1.             Content of the Online Offer

FiveT accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against FiveT relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, insofar as there is no demonstrably intentional or grossly negligent fault on the part of FiveT.

This website is intended for businesses only and not for consumers.

No offer, exclusion of liability: The information mentioned herein is not intended to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments. Information or opinions contained in this marketing presentation do not constitute an offer, or solicitation, to buy or sell, subscribe or redeem, any share classes in a fund, or securities or financial instruments.

FiveT acts also as investment advisor for foreign funds which are not qualified for public distribution in the U.S. or Switzerland. Therefore U.S. or Swiss residents can only access this website if they are professional investors.

The opinions expressed and information published are provided by FiveT for personal use and for informational purposes only and are subject to change without notice in advance. FiveT makes no representation (either express or implied) that the information and opinions expressed on the FiveT website are accurate, complete or up-to-date. In particular, FiveT shall not be obliged to remove any out-dated information from the FiveT website or to expressly mark it as being out-dated. Nothing contained on the FiveT website constitutes financial, legal, tax or other advice, nor should any investment or any other decisions be made based on the FiveT website content.

Although the information in this website or any attachments herein has been obtained from sources that FiveT believes to be reliable, FiveT does not guarantee its accuracy, and such information may be incomplete or condensed. All opinions and estimates included in this website constitute FiveT judgment at the date of writing and are subject to change without previous notice. No representation or warranty as to the accuracy or timeliness of the information contained herein is made or to be implied.

2.             No Recommendation and no Advice

The information on this website is for information purposes only and in no way constitutes advice of any kind (incl. financial advice) or an e-commerce offer. No information published on the FiveT website constitutes a solicitation or offer, or recommendation, to buy or sell any investment instruments or financial products, to effect any transactions, or to conclude any legal act of any kind whatsoever.

3.             References and Links

In the case of direct or indirect references to external websites (hyperlinks), FiveT undertakes no whatsoever responsibility at any time.

FiveT hereby expressly declares that at the time the links were created, no illegal content was identifiable on the linked pages. FiveT has no influence on the current and future design, content or authorship of the linked pages. For this reason, FiveT hereby expressly distances itself from all content of all linked pages that have been changed since the links were created. This statement applies to all links and references set within the own website as well as to external entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by FiveT, the content of which can be accessed and written to externally. For illegal, incorrect or incomplete content and in particular for damages arising from the use or non-use of such information, the provider of the page to which reference is made shall be solely liable and not the party who merely refers to the respective publication via links.

4.             Copyright and Trademarks

FiveT endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, and to use graphics, sound documents, video sequences and texts it has created itself. 

All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!

The copyright for published objects created by FiveT itself remains solely with FiveT. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without FiveT's agreement.

5.             Use of Contact Data

The use of contact data such as postal addresses, telephone and fax numbers as well as e-mail addresses published in the imprint or similar information by third parties for the purpose of sending unsolicited information is prohibited. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.

6.             Legal Validity of this Legal Notice

This Legal Notice is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this Legal Notice are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact. Insofar as a legal relationship has been established between FiveT and the users of the website, this is subject to Swiss law. The exclusive place of jurisdiction is Wollerau/SZ, Switzerland.

 

Privacy Policy

FiveT (“us”, “we”, or “our”) operates the www.fivet.com website (the “Service”). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Legal Notice, accessible from www.fivet.com.

This Privacy Policy is subject to Swiss law. Where applicable, European Union (EU) provisions, in particular the EU General Data Protection Regulation (GDPR), are taken into account.

We may amend this Privacy Policy at any time without prior notice. The current version published on our website shall apply.

1.             Person Responsible for Data Processing

The name and address of the person responsible for data processing can be found in the Imprint.

2.             Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you. When collecting and processing personal data, we comply with the legal requirements of the applicable data protection laws. The legal basis is art. 31 (1) of the Federal Data Protection Act (DPA) or, where applicable, art. 6 (1)(1)(b) and (f) of the GDPR.

2.1          Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: Email address, First name and last name.

2.2          General Collection

Our Internet pages collect a series of general data with each call. This general data and information is stored in the server's log files. The following data is collected:

  • IP address
  • Date and time of the request
  • Time zone difference to GMT time zone
  • Content of the request
  • Access status/http status code
  • Amount of data transferred
  • Internet page from which the request originated
  • Browser (incl. language and version)
  • Operating system

When using this general data, no allocation to a specific person takes place. The collection of this data is technically necessary in order to display our website to you and to ensure its stability and security.

2.3          Contact

If you contact us via the contact form or the e-mail addresses provided, we will always treat the data you provide in compliance with the applicable data protection regulations. The data you provide will only be used to process your enquiry.

We store the data you enter in the contact form until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after processing your enquiry has been completed). Mandatory legal provisions - in particular retention periods - remain unaffected.

This website uses SSL or TSL encryption for security reasons and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

3.             SSL or TLS encryption

This website uses SSL or TSL encryption for reasons of security and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

4.             Cookies

Our website uses so-called cookies, which are small text files that are stored on your computer and can be retrieved there. Cookies are used to enable you to register for our services and to personalise the website for you. For this purpose, our website is supported by cookies, which collect information about your IP address, the time and duration of your visit, the number of your visits, the use of forms, your search settings, your display view, your settings for favourites on our website. The storage period of the cookies varies.

You can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time using an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4.1          Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses cookies that enable an analysis of the use of the website. The information generated by the cookie about your use of the website is transferred in anonymised form to a Google server in the USA and stored there. Thanks to anonymisation, this data cannot be assigned to a specific person. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. The legal basis is art. 6 (1)(1)(f) GDPR or art. 31 (1) DPA.

You can prevent the collection of the data generated by the cookie and related to your use of the website (incl. your IP address) by Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

At Google, the European Commission's Standard Contractual Clauses (SCC; https://support.google.com/publisherpolicies/answer/10437486?hl=de) apply to the transfer of online advertising data and personal data originating from the European Economic Area, Switzerland and the United Kingdom.

Further information on data processing by Google can be found in the corresponding Google privacy policy: http://www.google.de/intl/de/policies/privacy

4.2          Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see: https://www.hotjar.com/legal/policies/privacy/

4.3          Shopify Analytics

Our website uses Shopify Analytics, a web analytics service provided by Shopify International Ltd., Haddington Road, Dublin 4, Do4 XN32, Ireland. Shopify Analytics uses cookies that enable an analysis of the use of the website.

Further information on data processing by Shopify Analytics can be found in the corresponding privacy policy: https://www.shopify.com/legal/privacy

4.4          Google Web Fonts

We use so-called web fonts, which are provided by Google, on this website for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly.

For this purpose, the browser you are using must connect to Google's servers. This informs Google that our website has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 31 Para 1 DSG and/or Art. 6 Para. 1 lit. f GDPR.

If your browser does not support web fonts, a standard font from your computer will be used.

Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/.

4.5          Google ReCAPTCHA

We use Google reCAPTCHA on our websites. The provider is Google. The purpose of reCAPTCHA is to check whether data entry on our websites (e.g. in a contact form) is made by a human or by an automated programme. For this purpose, reCAPTCHA analyses the behaviour of the website visitor on the basis of various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, time spent by the website visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.

5.             Use of Data

FiveT uses the collected data for various purposes:

  • To provide and maintain the Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer care and support
  • To provide analysis or valuable information so that we can improve the Service
  • To monitor the usage of the Service
  • To detect, prevent and address technical issues

6.             Disclosure of Data

FiveT may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of FiveT
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

7.             Your Rights

You have the following rights with regard to the personal data concerning you:

  • Right of access,
  • right to rectification or erasure,
  • the right to restrict processing,
  • the right to object to processing,

If data processing on our website is based on your consent, you can revoke this consent at any time without giving reasons for the future. The revocation should be sent to the address contact@fivet.com. In order to be able to process your requests to exercise your rights, it may be necessary for you to identify yourself so that we can clearly identify you.

There is no right of appeal to a supervisory authority in Switzerland. If the GDPR applies, there is a right of appeal to the competent data protection supervisory authority.

8.             Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. FiveT uses state of the art technology.

9.             Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

10.          Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

11.          Social Media Plugins

The following social media plugins and/or links are installed on the website:

11.1        LinkedIn

Plugins of the social network LinkedIn of LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (hereinafter "LinkedIn") are integrated on our website. You can recognise the LinkedIn plugins by the LinkedIn logo or the "Recommend" button on our site. When you visit our pages, a direct connection is established between your browser and the LinkedIn server via the plug-in. LinkedIn thereby receives the information that you have visited our site with your IP address. If you click the LinkedIn "Recommend Button" while you are logged into your LinkedIn account, you can link the content of our pages on your LinkedIn profile. This enables LinkedIn to assign the visit to our pages to your user account.

We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by LinkedIn. Details on data collection (purpose, scope, further processing, use) as well as your rights and setting options can be found in LinkedIn's privacy policy.

You can find this information at: http://www.linkedin.com/legal/privacy-policy.

LinkedIn's services require a data flow from the European Union (EU), the European Economic Area (EEA) and Switzerland to the United States (USA) and back. To ensure that personal data is protected when transferred outside the EU, EEA and Switzerland, data is processed in accordance with the European Commission's Standard Contractual Clauses (SCC; https://www.linkedin.com/legal/l/eu-sccs).

11.2        Twitter

Functions of the Twitter service are integrated on our pages. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the "Re-Tweet" function, the websites you visit are linked to your Twitter account and made known to other users. In the process, data such as IP address, browser type, do-mains called up, pages visited, mobile phone provider, device and application IDs and search terms, among other things, are transmitted to Twitter.

We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. You can change your data protection settings on Twitter in the account settings at twitter.com/account/settings. If you have any questions, please contact privacy@twitter.com.

Due to ongoing updates to Twitter's privacy policy, please refer to the current version at http://twitter.com/privacy. Twitter adheres to the standard contractual clauses approved by the EU Commission when transferring data to the USA.

 

12.          Newsletter

With your consent, you can subscribe to our newsletter, with which we inform you about interesting developments. You can use the corresponding web form to register. Mandatory information is marked separately; all other information is voluntary. Your consent to receive the newsletter can be revoked at any time and the newsletter can thus be cancelled. You can declare the revocation by clicking on the link provided in every newsletter e-mail or via the contact details of the responsible person given in the imprint.

Furthermore, we may send you our newsletter as part of a business or contractual relationship with you. You can unsubscribe from the newsletter at any time by clicking on the hyperlink provided in each newsletter email or via the contact details of the responsible person given in the imprint.

13.          Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

14.          Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.