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Terms of Use, Data Privacy & Impressum

Terms of Use - Go4Balance® as a Service

Version: 1.1 ꟾ Effective Date: 23. November 2023

1 Subject of the Terms of Use

These Terms of Use ("Terms of Use" or "Terms of Use") set out how and under what conditions you as a customer ("you", "you" or "your") may use the Go4Balance platform.

Go4Balance is operated by Go4Balance Ltd., a company registered in Switzerland under UID CHE-308.038.166 with its address at Bleicherweg 20, 8002 Zurich, Switzerland ("we", "us" or "our"). Go4Balance is provided as Go4Balance as a Service via a hybrid cloud.

GO4BALANCE IS FOR INFORMATION PURPOSES ONLY. IT CONSTITUTES NEITHER AN OFFER NOR A RECOMMENDATION TO ACQUIRE, HOLD OR SELL FINANCIAL INSTRUMENTS OR FINANCIAL SERVICES AND DOES NOT RELEASE YOU FROM MAKING YOUR OWN ASSESSMENT. IN PARTICULAR, YOU ARE ADVISED TO CHECK THE INFORMATION WITH REGARD TO ITS COMPATIBILITY WITH YOUR OWN CIRCUMSTANCES FOR LEGAL, REGULATORY, TAX AND SIMILAR CONSEQUENCES, AND IF NECESSARY, WITH THE ASSISTANCE OF AN ADVISOR.

HISTORICAL PERFORMANCE, SUSTAINABILITY OR CLIMATE DATA ARE NOT A RELIABLE BASIS FOR PREDICTING FUTURE DEVELOPMENT.

THE DATA AND INFORMATION PROVIDED VIA GO4BALANCE HAVE BEEN COMPILED BY US WITH CARE. HOWEVER, WE DO NOT GUARANTEE ITS CORRECTNESS, COMPLETENESS, RELIABILITY AND UP-TO-DATENESS, NOR DO WE ACCEPT ANY LIABILITY FOR LOSSES ARISING FROM THE USE OF THIS INFORMATION.

YOU MAY NOT USE GO4BALANCE IF YOU DO NOT AGREE TO THESE TERMS OF USE.

2 Conclusion and parts of the Agreement

Go4Balance supports you in assessing the future viability and sustainability of your portfolio and/or the portfolios of your clients ("End Client"). Go4Balance can be used for the following defined purposes:

(1) You use Go4Balance as a private person exclusively to assess the future viability and sustainability of your own portfolio for your private use ("Private Use"). In this case, the contract between you and us on the use of Go4Balance comes into effect through your acceptance of these Terms of Use.

(2) You use Go4Balance as an institutional client to assess the viability and sustainability of your or your clients’ portfolios as part of your business operations or as a bank, investment adviser, asset manager (or similar function) to assess the viability and sustainability of your or your End Clients’ portfolios. In these cases (the "Professional Use"), the contract between you and us on the use of Go4Balance will come into effect upon the conclusion of a separate contractual document or upon acceptance by you of our offer or quotation if designated by us as binding. The contractual document or offer may specify further terms and conditions and services, such as services relating to the establishment of access, provisions for reporting to your End Customers, extended permitted types of use, commercial provisions (remuneration for the establishment of access, recurring remuneration), the start and termination or expiry of the contract. If the contract or the offer refers to these Terms of Use, these Terms of Use shall apply in addition to and subordinate to the contract or the offer.

A further component of the contract is the data privacy policy, which can be accessed on the Go4Balance platform. By concluding the contract, you accept the data privacy policy as an integral part of this contract.

All mentioned parts of the contract are referred herein to as the “Agreement”.

3 Licence to use Go4balance, other services

Under the Agreement, subject to payment of the Fee, we grant you the non-exclusive, non-transferable right, limited in time and territory, to use the functionalities of Go4Balance ("Licensed Material") to the extent described in this section 3 and any other parts of the Agreement.

You are not entitled to a copy of the Licensed Materials, the software required to operate the Licensed Materials or the data and information provided by means of Go4Balance. The provision and operation shall take place on our systems.

If you use the Licensed Materials as an institutional client or as a bank, investment advisor, asset manager (or similar function) in return for remuneration, the following services are included in the remuneration; these services are not available within the scope of private use. The services are provided during the office time, which extends from 9.00 a.m. to 5.00 p.m. on each working day at our registered office from Monday to Friday. The office time is the period during which we receive fault reports and perform software maintenance services.

(1) Telephone information service (hotline) for application problems during the normal office time.

(2) Receipt and initial checking of error messages during the normal office time.

(3) Periodic information on extensions and improvements to Licensed Materials and the conditions for their use.

(4) Clarification of the cause of reported programme errors.

(5) The services shall be provided during the standby period. The standby period is the period during which the Licensor receives fault reports and performs software maintenance services.

The result of these included services shall be deemed to be Licensed Materials.

Services which are not described in these Terms of Use, such as services in connection with the development and adaptation of the Licensed Material to your specific needs, advisory support in the selection, installation, commissioning and use of the Licensed Material, as well as introduction and training, are provided by us for additional remuneration and on the basis of a special agreement in a separate contractual document or in the offer.

4 Scope of the right of use and responsibility

You are responsible for the selection, connection to and use of Go4Balance. You are in charge of and responsible for compliance by you and the end users (such as employees) designated by you with the terms of use set out in the Agreement. You are responsible for complying with the legal requirements applicable to you in connection with the use of Go4Balance.

In addition, the following conditions apply:

(1) Within the framework of private use, your use is limited to the analysis of your own portfolio exclusively for your private use and in accordance with the specifications on Go4Balance. The use of Go4Balance for commercial or professional purposes, such as advising third parties or passing on data that you have taken from Go4Balance, is prohibited. Please contact us if you wish to make extended use of Go4Balance.

(2) To the extent that you use Go4Balance as an institutional client to assess the viability and sustainability of your or your own portfolios in the course of your business, your use of Go4Balance for your purposes, which are limited to the analysis of portfolio data of your own portfolios, and the possible production of reports or incorporation of results into your reports, which reports must relate to your own portfolios.

(3) Insofar as you use Go4Balance as a bank, investment advisor, asset manager (or similar function) to assess the future viability and sustainability of your portfolio or the portfolios of your End Clients, the use of Go4Balance by you for your purposes, which are limited to the analysis of portfolio data of your own portfolios and/or the portfolios of your End Clients, and the possible production of reports or the inclusion of results in your reports, whereby the reports must relate to your own portfolios or the portfolios of your End Clients, is restricted. The compliant use requires, and you are obliged to do so, to include the trademark and logo "Go4Balance" in all documents and materials used or produced in connection with the services offered, both internally and externally. The use on all print and digital documents shall be coordinated with Go4Balance in advance. The following text must be used in documents describing Go4Balance: «Go4Balance is a digital platform for sustainable investments. It provides investors with extensive information on their portfolios via the climate pathway and key figures from the areas of environment, social and governance (ESG). Further information can be found at: www.app.go4balance.com.

Other uses of Go4Balance, including the data and information made available via the platform, are not permitted. Data such as ratings may not be used for other purposes. In particular, you are aware and accept that we obtain certain data and information on the basis of contracts with data providers and that the use of such data and information must be limited to the above in any case. In the event of breaches of the intended use, you shall therefore indemnify us and we shall have the right to terminate for cause.

5 Your and our services

We are entitled to subcontract the provision and operation of the services, Licensed Materials and/or Go4Balance in whole or in part. You may reject subcontractors only for good cause. You hereby agree to the involvement of our group companies in the provision of the Services; our group companies shall not be deemed to be subcontractors. Any contractual obligations towards you shall not be affected by the engagement of subcontractors.

You shall fulfil all contractual duties and obligations and provide your cooperation and, in particular, provide or procure yourself all access, products, materials, data, rights, licences and other materials necessary for you to use Go4Balance.

6 Provision, installation, test and acceptance

Within the scope of the private use (section 2(1) above) of Go4Balance, provision via the Internet is "as is". As a private user you have no right to acceptance. If you are not satisfied with the functionalities, you can terminate the Agreement with us at any time and discontinue the use.

In the context of the professional use (section 2(2) above) of Go4Balance, the manner, place and time of provision of Go4Balance to you shall be set out in the offer or in the separate contractual document. Unless a delivery point is specified, in case of doubt the Place of Performance and Delivery Point shall be the location at which the Service is provided. Unless otherwise agreed, Go4Balance shall be provided in the latest valid version released by us. Unless otherwise agreed in the offer or in a separate contractual document, a test period of 30 days shall be granted. The test period begins with the connection of your environment to the specified transfer point. Go4Balance or the services are deemed to be accepted:

(1) if you do not make a written and documented complaint about the functions and performance by the end of the test period;

(2) as soon as you start using Go4Balance productively.

The date of acceptance thus determined shall be deemed the "Acceptance Date" for the purposes of the Agreement. For the programme errors detected during acceptance and included in an error list, we assume the warranty according to section 9.

If we do not comply with the date of provision stipulated in the offer or in the separate contractual document, if the delivered Licensed Materials do not comply with the specification or if Go4Balance does not provide the applications, functions and services described in the specifications during the test period, you have the right to set us a grace period of at least 30 days for delivery or rectification by registered letter. If Go4Balance is not delivered in accordance with the Agreement within this period and acceptance therefore does not take place, you have the right to waive the licensing of Go4Balance by notifying us in writing against reimbursement of any usage or licence fees already paid and to assert claims in accordance with section 11.

7 Remuneration and terms of payment

Within the framework of private use (section 2(1) above), no fee is currently charged for the use of Go4Balance. We reserve the right to charge a licence or usage fee in the future. You will be informed of this as a private user by reference to the changes to these terms of use. If you do not wish to use Go4Balance against payment or if you do not pay the usage or license fee, you and we have the right to terminate the Agreement at any time subject to a notice period of 20 days.

In the case of professional use (section 2(2) above), the licence and usage fee shall beset out in the offer or in the separate contractual document. No remuneration in addition to the licence or usage fees shall be charged for the included services, nor shall in this respect any expenses or ancillary costs be charged. Additional services shall be invoiced after prior written agreement.

Unless otherwise stated in the offer or contractual document, the costs for third-party data are included in the licence and usage fee.

Unless otherwise agreed, we are entitled to invoice VAT separately.

The licence and usage fee may be invoiced before the start of the minimum term or a renewal term, unless otherwise stipulated in the offer or in the separate contractual document. All invoices are payable net within 30 days of the invoice date.

8 Rights to the Licensed Material/Protection of the Licensed Material

You are only entitled to the rights to use Go4Balance granted under the Agreement. All other rights, in particular ownership, intellectual property rights in Go4Balance and software and documentation made available to you by us shall remain with us.

9 Availability of the Licensed Materials, warranty

We maintain the operation and functionality of Go4Balance with so-called reasonable efforts. However, we cannot ensure or warrant continuous and error-free availability of Go4Balance and are not liable for any outages. Nor can we accept any responsibility for operating errors by you, your employees or third-party personnel or for influences from systems or programs not used by us. Go4Balance is provided on an "as is" basis.

It is your responsibility to ensure that Go4Balance can be used in accordance with the legal requirements applicable to you or your End Customers.

You must not make or cause to be made any unauthorised changes to the conditions of use and operation or any unauthorised intervention in Go4Balance. In all other respects, the notes and exclusions 1 shall apply.

It is your responsibility to ensure that Go4balance can be used in accordance with the legal requirements applicable to you or your End Customers.

You must not make or cause to be made any unauthorised changes to the conditions of use and operation or any unauthorised intervention in Go4balalnce.

In all other respects, the notes and exclusions 1 shall apply.

10 Intellectual property

We declare that we have either developed Go4Balance ourselves and that we are entitled to the corresponding intellectual property rights, in particular the copyright, or that we have acquired the corresponding rights of use to Go4Balance from the owner.

If third parties assert claims against you for infringement of intellectual property rights allegedly belonging to them based on your use of Go4Balance in accordance with the Agreement, we will conduct the defence at our own expense and bear any costs and damages imposed on you by a final court judgment if you have notified us in advance in writing of the claim raised.

If, in our opinion, Go4Balance may infringe the intellectual property rights of third parties, we will either make modifications at our own expense to remedy the infringement or enter into negotiations to acquire the relevant rights from the better-entitled third party.

If these measures do not lead to the desired result with appropriate and reasonable effort and the infringement of property rights has been established by a legally binding judgement, we will reimburse you for any licence fees paid in advance and assume any costs and damages imposed on you by the courts. Further claims are excluded.

11 Liability

Within the scope of private use (section 2(1) above), liability for slight negligence is completely excluded.

In the case of professional use (section 2(2) above), we shall be liable to you for direct property damage and pecuniary loss caused to you by us, our staff or auxiliaries arising out of or in connection with the performance of the Aontract for any legal reason (such as default, non-performance or improper performance, breach of duty of care) up to the total annual remuneration received by us in that calendar year of the harmful event. Our liability is otherwise excluded.

These aforementioned exclusions and limitations of liability shall not apply to culpably caused personal injury, in the event of gross negligence or intent or if such limitation of liability is not permitted by law.

Any liability or obligation of us, our staff or auxiliaries arising out of or in connection with the deployment and use of Go4Balance and the results obtained therefrom, as well as from the testing of programs, from the retrieval of unsaved data and for indirect or consequential damages such as lost profits, unrealised savings, your additional expenses or claims of third parties is excluded to the extent permitted by law.

We shall not be liable if we are prevented from timely and proper performance of services under the Agreement for reasons beyond our control. The dates scheduled for performance shall be extended in accordance with the duration of the effect of the circumstances for which we are not responsible.

12 Term and termination of the Agreement

The Agreement shall enter into force upon its conclusion (section 2).

Within the scope of private use (section 2(1) above), this Agreement shall be concluded for a initial period of one (1) month; the renewal period and notice period shall be one (1) month.

In the case of professional use (section 2(2) above), the Contract shall be for a minimum initial period of twelve (12) months (always subject to any other provision in the offer or in a separate contractual document); any renewal period shall be twelve (12) months and the notice period shall be three (3) months.

On expiry of this initial term or any renewal term, this Agreement will automatically renew for the renewal term unless you or we terminate the Agreement before the expiry of the initial term or any renewal term, subject to the notice period.

This Agreement may be terminated by either party (you or us) with immediate effect and without legal intervention, by giving written notice to the other party (us or you) in each case if:

(1) the other party materially and persistently breaches its material contractual obligations under the Agreement despite two written warnings, each accompanied by the setting of a reasonable grace period of at least 30 days;

(2) you seriously violate the terms of use; in this case we are also entitled to immediately block access to Go4Balance without prior termination;

(3) the other party becomes insolvent or bankrupt or stops making payments or assigns claims to its creditors on account of payment;

(4) if bankruptcy, composition or liquidation proceedings are instituted against the other party, whether by operation of law or at the request of the party;

(5) if the assets of the other party have been placed under trusteeship or a bankruptcy or insolvency administrator has been appointed in this respect;

(6) if the other party is dissolved or liquidated.

It is up to you to take back the data and data files stored with us.

We are, always subject to applicable mandatory law (e.g. regarding data protection, professional secrets), entitled to delete data and data files 30 days after termination of the Agreement.

13 Confidentiality

We and you undertake, during the term of the Agreement and beyond, to keep secret and not to use for the own purposes or the purposes of third parties any information from the other party’s sphere which is not generally public knowledge and which becomes known to you or us as a result of the business relationship. The use of confidential information is limited to that which is necessary under or in connection with the Agreement. Our affiliates and subcontractors are not considered third parties to the extent that they process confidential information in connection with the execution and performance of the Services under the Agreement.

The confidentiality obligations under this Section 13 shall not prevent a party from disclosing the confidential information to the extent that the confidential information concerned is required to be disclosed by applicable mandatory law, regulation or order, or to the extent that a party discloses the confidential information concerned to courts, authorities or third parties for the purpose of safeguarding interests, provided that such third parties are under a duty of confidentiality pursuant to their professional duties or under a contractual obligation.

The confidentiality obligations pursuant to this section 13 shall continue in effect beyond the term of the Agreement and, in the event of termination or continuation of the Agreement, shall continue in effect for five (5) additional years, always subject to applicable mandatory law (e.g. regarding data protection, professional secrets), which may provide for a longer period or an unlimited period of confidentiality.

14 Data protection and professional secrecy

The parties undertake to comply with the statutory provisions on data protection; in particular, they shall observe the duty of confidentiality under data protection laws and protect personal data against unauthorised processing by means of appropriate technical and organisational measures.

The privacy policy, which can be accessed on the Go4Balance platform, applies insofar as we act as a data controller towards you within the meaning of the applicable data protection laws, in particular in the context of private use (section 2(1) above).

You and we are aware that the conclusion and performance of the Agreement may lead to the processing of personal data about the parties, their employees, subcontractors, etc. You agree that such data may be used for the purpose of processing and maintaining our business relationship. You agree that such data may be used to process and maintain our business relations and may also be disclosed for this purpose to third parties such as manufacturers, suppliers, holders of intellectual property rights, subcontractors, forwarding agents, credit institutions in Switzerland or abroad. In such cases, the disclosing party shall take appropriate organisational, technical and contractual precautions to ensure data protection.

If we act as a data controller to you within the meaning of the applicable data protection laws, in particular in the context of private use (section 2(1) above), the following provisions do not apply. With regard to personal data that you provide to us for contractual processing (such as retention, storage, archiving, destruction, transmission and other processing) in the provision of the services, the following provisions apply. This applies, for example, with regard to personal data about End Customers:

(1) You are and remain the owner of such personal data and remain responsible for such personal data.

(2) We may only process personal data: (i) for the performance of the Agreement and in accordance with the Agreement and recognised security standards which require personal data to be suitably and adequately protected against accidental or unauthorised destruction, accidental loss, technical fault, forgery, theft or unlawful destruction, unauthorised alteration, copying, unauthorised disclosure or other unauthorised processing; (ii) in accordance with your instructions (which may be given by persons authorised by you in writing, including by email).

(3) We must impose substantially the same obligations on any subcontractor who processes personal data as apply to us under the Agreement.

(4) We cooperate with you and provide the necessary services to respond to enquiries and requests from data subjects at your request and against separate remuneration; you are and remain responsible for ensuring that the right of data subjects to access and information, rectification, blocking, restriction or deletion, is complied with in accordance with the statutory data protection provisions.

(5) You confirm that the personal data concerned has been collected and processed in accordance with the applicable statutory data protection provisions and that the processing of personal data as provided for in the Agreement is permitted in accordance with the statutory data protection provisions and any regulatory provisions applicable to you, including professional secrecy, in particular banking secrecy.

(6) You must notify us prior to the conclusion of the Agreement if you hand over data covered by confidentiality, in particular banking secrecy, for processing.

(7) Where necessary or appropriate, the parties will conclude a separate commissioned data processing agreement and/or separate declarations.

15 General provisions

In the context of private use (section 2(1) above), we may change these Terms of Use from time to time, so you should check them regularly. We will post any changes on our service. If we make any changes to these Terms of Use that materially affect your rights and obligations, we will notify you in advance of any such change. If you do not wish to accept these changes, you and we have the right to terminate the Agreement at any time by giving you one (1) month’s notice.

In the case of professional use (section 2(2) above), any changes or additions to the Agreement must be in the appropriate form of offer or contractual document (with signature and scanning of signature and subsequent exchange by email being deemed to be in writing). If we make any changes to these Terms of Use which materially affect your rights and obligations, we will notify you in advance of any such change. If you do not wish to accept these changes, you and we will have the right to terminate the Sgreement in accordance with section 12.

All notices under these Terms of Use shall be given by letter, courier or email.

For the purposes of complying with a time limit under these Terms of Use and under the Agreement, it is sufficient to send the notice on the last day of the time limit.

Unless otherwise agreed, the parties may assign rights under this Agreement only with the prior written consent of the other party.

Should these Terms of Use and/or the Agreement be or become invalid in whole or in part, the remaining provisions shall remain unaffected. The parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of a loophole.

16 Applicable law and place of jurisdiction

These Terms of Use and the Contract are governed by Swiss substantive law, excluding the provisions of private international law and any applicable international treaties or conventions (in particular the Vienna Sales Convention of 11 April 1980).

The exclusive place of jurisdiction for any dispute, controversy or claim arising out of or in connection with this Agreement, including the validity, invalidity, breach or termination thereof, shall be Zurich.

Copyright © 2023 Go4Balance Ltd. – all rights reserved.

Go4Balance® is a registered international trademark.


Privacy Policy Go4Balance®

Version 1.1 ꟾ Effective Date: 23. November 2023

This Privacy Policy (“Policy”) describes how Go4Balance Ltd. (“we”, “us” or “our”) collects, uses, and discloses information that we obtain about your use of Go4Balance.

YOU SHOULD NOT USE GO4BALANCE IF YOU DO NOT AGREE TO THIS PRIVACY POLICY.

This Privacy Policy applies to all uses of Go4Balance globally.

By using Go4Balance, you understand and explicitly agree that your personal data, including any personal data about your portfolio that you provide directly to us or that we collect through your use of Go4Balance, will be processed by us in accordance with this Privacy Policy and may be stored in Switzerland.

Go4Balance Ltd. is a company registered under the laws of Switzerland and is subject to Swiss data protection regulations, such as the Federal Act on Data Protection (“FADP”). As an internationally operating company, the EU General Data Protection Regulation (“GDPR”) is important to us in addition to the Swiss data protection regulations.

We are controller within the meaning of the FADP/GDPR, who determines the purposes and means of processing personal data. This Privacy Policy does not apply to persons if our customer uses our Services and where our customer and the person have an agreement between them covering the use Go4Balance and the processing of personal data related to such person; in such a case the customer controls data collected from/by the Go4Balance, and the customer’s privacy policy will apply, not this Privacy Policy.

1 What types of personal data do we collect?

We collect information and personal data directly from you, from devices and third-party services you connect, as well as automatically through your use of Go4Balance.

When you create a profile to use Go4Balance, we collect the information and personal data you provide us, including your name and email address. We also collect any additional information you choose to add to your profile, including but not limited to: interests, portfolio data and demographic data. If you process personal data related to other persons, it is your responsibility that you comply with applicable data protection laws.

When you access our website, data transmitted by your browser and automatically recorded by our server, including date and time of the access, name of the accessed file as well as the transmitted data volume and the performance of the access, your web browser, browser language and requesting domain, and IP address (additional data will only be recorded via our Website if their disclosure is made voluntarily, e .g. in the course of a registration or request)

2 Communication

When you contact Go4Balance Ltd. directly, we will receive the contents of your message or any attachments you may send to us, as well as any additional information you choose to provide.

3 For which purposes do we process personal data?

We process your information, including your personal data, for the following purposes:

(1) When you create a profile to use Go4Balance, you provide us your personal data as described in section 1.

(2) To provide you access to Go4Balance, to communicate with you about your use of Go4Balance, to respond to your inquiries, and for other customer service purposes.

(3) When you use Go4Balance, we process the personal data that is transferred from your use to us, which includes portfolio data (as further described in the terms of use or a separate contract).

(4) To research and develop new products and features, to the extent permitted by law and, where required, with your consent.

(5) For marketing, promotional and informational purposes, to the extent permitted by law and, where required, with your consent. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third party websites. We reserve the right to send you information and advertising material if you enquire about services or products from Go4Balance Ltd.. You as a receiver can opt-out of receiving these emails at any time.

(6) To better understand how users access and use Go4Balance, both on an aggregated and individualized basis, to improve Go4Balance and respond to user desires and preferences, and for other analytical purposes.

(7) To tailor the content and information that we may send or display to you, to understand if a portfolio is your personal data or a guests’ data, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using Go4Balance. To administer surveys and questionnaires.

(8) To comply with legal and regulatory obligations and responsibilities, as part of our general business operations, and for other business administration purposes.

(9) Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Use or this Privacy Policy.

4 On which legal basis and for which purposes do we process personal data?

Depending on the purpose of the processing activity (see section 3 above), the processing of your information and personal data will be one of the following:

(1) necessary for the legitimate interests of Go4Balance Ltd., without unduly affecting your interests or fundamental rights and freedoms (see below);

(2) necessary for taking steps to enter into or executing a contract with you for the services or products you request, or for carrying out our obligations under such a contract , such as when we use your data for some of the purposes in sections 3(1) - 3(3) (as well as certain of the data disclosures described in this section 4);

(3) required to meet our legal or regulatory responsibilities, including when we conduct the checks to identify you and make the disclosures to authorities, regulators and government bodies referred to in sections 5(5) and 5(6);

(4) in some cases, necessary for the performance of a task carried out in the public interest;

(5) when we use special categories of personal data, necessary for establishing, exercising or defending legal claims or where the processing relates to personal data manifestly in the public domain; and

(6) processed with your consent which we obtain from you from time to time (for instance where required by law) or processed with your explicit consent in the case of special categories of personal data (if required by law).

Examples of the ’legitimate interests’ referred to above are:

(7) pursuing certain of the purposes in sections 3(5) - 3(7);

(8) exercising our rights under Articles 16 and 17 of the Charter of Fundamental Rights, including our freedom to conduct a business and right to property;

(9) when we make the disclosures referred to in section 5 below, providing products and services and assuring a consistently high service standard, and keeping our customers, employees and other stakeholders satisfied; and (10) meeting our accountability and regulatory requirements around the world,

in each case provided such interests are not overridden by your privacy interests.

5 Who has access to personal data and with whom are they shared?

We may share your information, including without limitation personal data, as follows:

(1) Aggregate and De-Identified Information. We may use aggregate or de-identified information—so that it cannot reasonably be used to identify an individual— to perform various types of analyses, such as detecting trends in investor behavior, assess performance of sustainable investment portfolios or other similar analyses.

(2) Affiliates. We may disclose the information we collect from you to our affiliates; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.

(3) Service Providers. We may share your information with third party vendors, service providers, contractors or agents who perform service functions needed by us to run the business, such as providers of hosting, email communication, customer support services, analytics, marketing, and advertising, based on our instructions, and in compliance with this Policy and any other appropriate confidentiality and security measures.

(4) Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding or reorganization, we will give affected users notice before transferring any personal information to a new entity.

(5) In Response to Legal Process. We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

(6) In response of regulatory or legal obligation: If required from time to time, we disclose personal data to public and judicial authorities, regulators or governmental bodies and in proceedings, including when required by law or regulation, under a code of practice or conduct, or when these authorities or bodies require us to do so.

(7) To Protect Us and Others, we may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which Go4Balance Ltd. is involved.

(8) Third Party Analytic tools. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Service. We also may use other analytic means to evaluate our websites. We use these tools to help us improve Go4Balance, performance, and user experiences.

6 International transfers of personal data

The Recipients referred to in section 5 above can be located outside Switzerland. In those cases, except where the relevant country has been determined by the EU or Switzerland to provide an adequate level of protection, Go4Balance Ltd. puts in place suitable safeguards to ensure that such transfer is carried out in compliance with applicable data protection rules.

You may request additional information in this respect and obtain a copy of the relevant safeguard by contacting us at the address specified in this notice. Where Go4Balance Ltd. transfers personal data to service providers located in countries which do not provide an adequate level of protection, we rely on the standard contractual clauses approved by the European Commission or Switzerland.

7 How long do we store your data?

We will only retain your information, including without limitation personal data, for as long as necessary to fulfil the purpose for which it was collected or to comply with legal, regulatory or internal policy requirements. To help us do this, we apply criteria to determine the appropriate periods for retaining your personal data depending on its purpose, such as proper account maintenance, facilitating client relationship management, and responding to legal claims or regulatory requests.

8 Cookies

Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. In addition to improving user experience, we use cookies and similar technologies for analytic and advertising purposes. You can manage your cookies locally by adjusting your browser settings, or you can opt-out of targeted advertising through cookies by visiting networkadvertising.org/choices or aboutads.info/choices. Because there is not yet a common understanding of how to interpret Do Not Track signals, we are unable to respond to Do Not Track requests from browsers, however we are monitoring for updates and will revisit this policy once a common standard is established.

9 Third-Party Links

Our Service may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

10 Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

11 Access to, Storage of and Deleting My Personal Information

You may access and modify personal information that you have submitted by going into your profile and updating your profile information. Your personal data including portfolio data are stored and accessible on your device as well as in the cloud.

We store information associated with your account until your account is deleted. You can delete your account at any time by contacting the Data Protection Officer of Go4Balance Ltd.. Please note that it may take a bit of time to delete your account information, and we may preserve it for legal reasons or to prevent harm, including as described in the How Information Is Shared section.

12 Users Under 18

Our services are not designed for users under 18. If we discover that a user under 18 has provided us with personal information, we will delete such information from our systems.

13 Your Rights

13.1 What Rights Do I Have? Individuals located in Switzerland or the European Economic Area (EEA) have certain rights in respect of your personal information. Go4Balance Ltd. will provide the capabilities to exercise these certain rights to all our worldwide users, including:

(1) the right of access to your personal data;

(2) the right to correct or rectify any inaccurate personal data;

(3) the right to restrict or oppose processing of personal data;

(4) the right to erase your personal data; and

(5) the right to personal data portability.

This Privacy Policy does not apply to persons if our customer uses our Services and where our customer and the person have an agreement between them covering the use Go4Balance and the processing of personal data related to such person; in such a case the customer controls data collected from/by the Go4Balance, and the customer’s privacy policy will apply, not this Privacy Policy.

13.2 How May I Exercise My Individual Rights? Users of Go4Balance whose data is governed by this Privacy Policy located worldwide may access and update their personal information as follows:

(1) Account holders may access and update personal information through their account settings in Go4Balance;

(2) Account holders may exercise their rights to data deletion and data portability by contacting Go4Balance Ltd.’s Data Protection Officer.

Please note that Go4Balance Ltd. may request additional information from you to verify your identity before we disclose any personal or account information.

14 Contact Us

If you have questions about our privacy practices, please contact us at the following address

Go4Balance Ltd. Data Protection Officer Bleicherweg 20 8002 Zurich Switzerland

E-Mail: dpo@go4balance.com

If you are a customer and are unable to reach Go4Balance Ltd. at the contact information provided above regarding your issue, you have the right to contact your local Data Protection Authority.

15 Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Service. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change.

Copyright © 2023 Go4Balance Ltd. – all rights reserved.

Go4Balance® is a registered international trademark.


Impressum

Contact

Go4Balance AG Bleicherweg 20 CH-8002 Zurich

Phone: +41 44 704 51 00

Email: info@go4balance.com

Website: https://app.go4balance.com

Commercial Register

Company name: Go4Balance AG UID: CHE-308.038.166

Management

Reto Ringger, CEO