Legal notice

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Legal notice (disclaimer)
and privacy notice

 

No Offer

The information published on the website of Abacus Value Capital Fund AGmvK does not constitute an invitation, an offer or a recommendation. The website is not directed to any person in any jurisdiction where (by reason of their nationality, residence or otherwise) the publication or availability of this website is prohibited. Persons to whom such prohibitions apply must not access this website. Finally, the information on the websites is not directed at specific persons, but at those readers who have a general interest in Abacus Value Capital AGmvK.

 

Information required from visitors to this website

The content published on this website is subject to sales restrictions that are specific to individuals. For this reason, upon accessing this website, visitors are required to indicate whether they are professional or private investors as defined by Annex II of Directive 2004/39/EC. Professional or qualified investors holding shares in the Abacus Value Capital Fund AGmvK (Security No. 3516921 | ISIN No. LI0351696211) may state that they are an existing client. All other visitors are prohibited from making this statement. Visitors are required to provide truthful information as applicable and bear full responsibility for their statements. Additionally, visitors bear full responsibility for correctly stating their domicile prior to accessing the website. Incorrect information regarding the investor category, incorrect statements as to whether the visitor is an existing client or incorrect domicile information may lead to the disclosure of data which should not, by law, be disclosed to the visitor. Abacus Value Capital Fund AGmvK cannot be made liable for damages incurred by the visitor as a result of providing incorrect information regarding the investor category and/or the domicile and/or making inaccurate statements as to whether the visitor is an existing client. The data and information about the fund to which the visitor is granted access based on his/her information is solely intended for existing clients and for the investor category indicated by the visitor and the stated domicile. Visitors to the website are fully responsible for observing these restrictions.

 

No Reliance

Although Abacus Value Capital Fund AGmvK has taken all reasonable care in compiling the information on its website, it accepts no responsibility for the accuracy, reliability or completeness of the information provided. The contents of the website may be changed at any time without prior notice. The information is not to be relied on in making an investment or other decision. Please obtain specific professional advice before making any investment decision.

 

Warning about Risks

Please note that the value of an investment may fall as well as rise. The past is not necessarily a guide to the future performance of an investment. The investments are subject to high price fluctuations. These price fluctuations may equal or even exceed the value of the invested amount. Therefore, the preservation of the invested capital cannot be guaranteed. Please also read the risk statement provided in the Prospectus of the funds.

 

Legal responsibility and ownership of the website

This website is owned by Abacus Value Capital Fund AGmvK headquartered in Vaduz, Principality of Liechtenstein.

 

Applicable law and legal venue

Any disputes arising in connection with the use of the website of Abacus Value Capital Fund AGmvK and the associated data storage are subject to the laws of Liechtenstein. Without exception, Vaduz shall be the legal venue.

 

Vaduz, on 01.09.2017

 

 

Data Protection Policy

 

Data protection is a matter of trust and your trust is important to us. When processing your personal data, we strictly observe the statutory provisions. With the following data protection information, we would like to give you an overview of the processing of personal data held at Abacus Value Capital Fund AGmvK (hereinafter referred to as "AC")  and the resulting rights in accordance with the provisions of the new Basic Data Protection Regulation of the EU (GDPR) and the Data Protection Act (DSG). Which data is processed in detail and how it is used depends to a large extent on the services and products to be provided or agreed in each case. Due to banking secrecy, Abacus Value Capital Fund AGmvK is obliged to protect your privacy and secrecy and for this reason takes a variety of technical and organisational data protection precautions for all data processing of personal data.

 

Within the framework of our business relationship, we are dependent on the processing of personal data which is necessary for the establishment and execution of the business relationship and the fulfilment of the associated legal or contractual obligations as well as for the provision of services or the execution of orders. Without this data, we will generally not be able to enter or maintain a business relationship, process an order or offer services and products.

 

Should you have any questions regarding individual data processing operations or wish to exercise your rights as described in point 5 below, please contact:

 

Responsible institution:

Abacus Value Capital Fund AGmvK
Schaanerstrasse 29
9490 Vaduz
Liechtenstein

Phone: +423 377 99 77
E-mail: info@avcf.li

 

Contact details of the data protection officer:

Abacus Value Capital Fund AGmvK
Data protection officer
Schaanerstrasse 29
9490 Vaduz
Liechtenstein

Phone: +423 377 99 77
E-mail: info@avcf.li

 

 

1. Which data are processed (data categories) and from which sources do they originate?

 

We collect and process personal data that we receive within the scope of our business relation-ship with our clients. Personal data may be processed at any stage of the business relationship and may vary from person to person.

 

In principle, we process personal data that you provide to us by means of submitted contracts, forms, your correspondence or other documents. If necessary for the provision of the service, we also process personal data which arises or is transmitted as a result of the use of products or services or which we have received from third parties (e.g. your custodian bank, the identification service provider Identity TM), from public authorities (e.g. UN and EU sanctions lists). Finally, personal data may be processed from publicly accessible sources (e.g. trade and association registers, press, internet, Worldcheck).

 

In addition to customer data, we may also process personal data of other third parties involved in the business relationship, such as data of agents, representatives or beneficial owners of a business relationship. We would ask you to also inform any third parties about this data protection information.

 

By personal data we mean the following categories of data:

 

Master data

  • personal details (e.g. name, date of birth, nationality)
  • Address and contact data (e.g. physical address, telephone number, e-mail address)
  • Legitimation data (e.g. passport or identity card data) and Authentication data (e.g. signature sample, log-in information)
  • Data from publicly available sources (e.g. tax numbers)

 

Further basic data

  • Information on services and products used (e.g. investment experience and profile, consultation records, data regarding completed transactions)
  • Information on household structure and relationships (e.g. information on spouses or life partners and other family details, authorised signatories, legal representatives)
  • Information on financial characteristics and financial situation (e.g. portfolio and account number, creditworthiness data, origin of assets)
  • Information about professional and personal background (e.g. professional activity, hob-bies, wishes, preferences)
  • Technical data and information on electronic traffic with AC (e.g. records of accesses or changes)
  • Image and sound files (e.g. video or telephone recordings)

 

 

2. For what purposes and on what legal basis will your date be processed?

 

We process personal data in accordance with the provisions of the GDPR and the DSG for the following purposes or on the basis of the following legal bases:

  • To fulfil a contract or to carry out pre-contractual measures within the framework of the provision and brokerage of asset management, investment advice and other financial services which may be provided by Abacus Value Capital Fund AGmvK. The purposes of data processing depend primarily on the specific service or product (e.g. securities) and may include, but are not limited to, demand analyses, advice, asset management and the execution of transactions.
  • To fulfil legal obligations or in the public interest, in particular compliance with legal and supervisory requirements (e.g. compliance with the GDPR, the DSG, the Asset Management Act and Regulations), due diligence and anti-money laundering regulations, market abuse regulations, tax laws and agreements, control and reporting obligations, risk management). If you do not provide us with the necessary data, we will have to fulfil the relevant supervisory obligations and may be forced to terminate the business relationship.
  • In order to protect the legitimate interests of us or third parties for concretely defined purposes, in particular to determine creditworthiness, pursue claims, product development, marketing and advertising, business audits and risk management, reporting, statistics and plan-ning, prevention and clarification of criminal offences, video surveillance to protect the right of domicile and avert danger, telephone recordings.
  • Based on your consent, which you have given us for the provision of asset management services or on the basis of orders such as the disclosure of data to service providers or contract partners of AC.

 

You have the right to revoke your consent at any time. This also applies to the revocation of declarations of consent issued to Abacus Value Capital Fund AGmvK before the GDPR came into force, i.e. before 25 May 2018. The revocation of your consent is only effective for the future and does not affect the legality of the data processed until the revocation.

 

We reserve the right to process personal data collected for one of the above purposes for other purposes as well, if this is compatible with the original purpose or permitted or prescribed by law (e.g. reporting obligations)

 

 

3. Who gets access to the personal data and how long is it stored?

 

Access to your data can be both inside and outside Abacus Value Capital Fund AGmvK. Within Abacus Value Capital Fund AGmvK, only entities or employees may process your data if they need it to fulfil our contractual, legal and regulatory obligations and to safeguard legitimate interests. Other companies, service providers or vicarious agents may also receive personal data for these purposes in compliance with the relevant statutory provisions. Contract processors may be companies in the categories of asset management services, distribution agreements, IT services, logistics, printing services, consulting, sales and marketing. Furthermore, recipients of your data in this context may be other financial services institutions or comparable institutions to which we transfer personal data for the purpose of conducting the business relationship (e.g. custodian banks, brokers, stock exchanges, information centres).

 

If there is a legal or supervisory obligation, public bodies and institutions (e.g. supervisory au-thorities, financial authorities, etc.) may also receive your personal data.

 

Data may only be transferred to countries outside the EU or the EEA (so-called third countries) if

  • this is necessary for the execution of pre-contractual measures or for the performance of a contract, for the provision of services or for the execution of orders (e.g. securities transactions)
  • you have given us your consent
  • this is necessary for important reasons of public interest (e.g. prevention of money laundering) or
  • this is required by law (e.g. transaction reporting obligations).

 

However, this only applies to countries for which the EU Commission has decided that they have an adequate level of data privacy (such as Switzerland); otherwise, we employ measures to ensure that all recipients have an adequate data privacy level. For this purpose, we carry out a risk assessment in each case of the constitutional principles of the country in which the personal data are to be transferred and, if corresponding risks exist, we supplement the standard data privacy clauses with additional clauses or guarantees to effectively ensure that the data is protected in the destination country. These standard data privacy clauses are available on request.

 

We process and store the personal data for the entire duration of the business relationship, unless there are shorter mandatory deletion obligations for certain data. In addition, the duration of the storage depends on the necessity and purpose of the respective data processing. If the data are no longer necessary for the fulfilment of contractual or legal obligations or for the protection of our legitimate interests (achievement of purpose) or if a consent given is revoked, they are deleted regularly, unless further processing is necessary due to the contractual or legal retention periods and documentation obligations or for reasons of preservation of evidence during the duration of the applicable statute of limitations. According to the Asset Management Act, the statutory retention period is five years and may be as long as seven years if requested by the Liechtenstein Financial Market Authority. The statutory retention period according to the Due Diligence Act is ten years.

 

 

4. Is there an automated decision making process including profiling?

 

Some of our decisions are based on automated processing of personal data. There are business areas in which personal data is partly processed automatically.

 

This is done with the aim of assessing certain personal aspects where we are required by law or regulation (e.g. prevention of money laundering), to analyse requirements for services and products, and as part of risk management.

 

A suitable investment strategy is determined on the basis of your investment objectives (includ-ing your willingness to take risks, your risk-bearing capacity and your knowledge and experience of securities). This determination is based exclusively on automated decision-making. We partially process your data automatically with the aim of evaluating certain personal aspects (profiling). For example, we use profiling to provide you with targeted information and advice on products. The evaluation tools used for this purpose enable us to communicate and advertise according to your need.

 

 

5. What data protection rights do you have?

 

With regard to the personal data concerning you, you have the following data protection rights in accordance with the GDPR (Art. 7, Art. 15 to 21):

  • Right of access: You may request information from Abacus Value Capital Fund AGmvK as to whether and to what extent personal data relating to you will be processed (e.g. categories of personal data processed, purpose of processing, etc.).
  • Right to rectification, erasure and limitation of processing: You have the right to request rectification of any inaccurate or incomplete personal data concerning you. In addition, your personal data must be deleted if they are no longer necessary for the purposes for which they were collected or processed, if you have withdrawn your consent or if they are processed unlawfully. In addition, you have the right to request that the processing be restricted.
  • Right of withdrawal: You have the right to revoke your consent to the processing of your personal data for one or more specific purposes at any time if the processing is based on your express consent. This also applies to the revocation of declarations of consent issued before the GDPR came into force, i.e. before 25 May 2018. Please note that the revocation will only take effect in the future. Processing that took place before the revocation is not affected by this. The revocation also has no influence on data processing on another legal basis.
  • Right to data transfer: You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format and to have this data transferred to another responsible person.
  • Right of objection: You have the right to object informally to data processing in individual cases for reasons arising from your particular situation, provided that such processing is in the public interest or is carried out to safeguard the legitimate interests of Abacus Value Capital Fund AGmvK or a third party. In addition, you have the right to object informally to the use of personal data for advertising purposes. If you object to the processing of your personal data for direct marketing purposes, we will no longer process your personal data for this purpose.
  • Right of complaint: You have the right to file a complaint with the competent Liechtenstein supervisory authority. You can also apply to another supervisory authority of an EU or EEA member state, for example, at your place of residence or work or at the place of the suspected infringement.

 

The contact details of the data protection office responsible in Liechtenstein are as follows:

 

Data Protection Office Liechtenstein
Städtle 38
FL-9490 Vaduz
Principality of Liechtenstein

Phone: +423 236 60 90
E-mail: info.dss@llv.li

 

Requests for information or objections should preferably be made in writing to the data protec-tion officer. He is also available to you as your contact for all other data protection matters.

 

Vaduz, on December2021

 

 

DATA PRIVACY STATEMENT FOR WEB PAGE VISITORS

 

More information about the DATA PRIVACY STATEMENT FOR WEB PAGE VISITORS.

 

Data Protection Policy

Data protection is a matter of trust and your trust is important to us. When processing your personal data, we strictly observe the statutory provisions. With the following data protection information, we would like to give you an overview of the processing of personal data held at Abacus Value Capital Fund AGmvK (hereinafter referred to as "AC")  and the resulting rights in accordance with the provisions of the new Basic Data Protection Regulation of the EU (GDPR) and the Data Protection Act (DSG). Which data is processed in detail and how it is used depends to a large extent on the services and products to be provided or agreed in each case. Due to banking secrecy, Abacus Value Capital Fund AGmvK is obliged to protect your privacy and secrecy and for this reason takes a variety of technical and organisational data protection precautions for all data processing of personal data.

 

Within the framework of our business relationship, we are dependent on the processing of personal data which is necessary for the establishment and execution of the business relationship and the fulfilment of the associated legal or contractual obligations as well as for the provision of services or the execution of orders. Without this data, we will generally not be able to enter or maintain a business relationship, process an order or offer services and products.

 

Should you have any questions regarding individual data processing operations or wish to exercise your rights as described in point 5 below, please contact:

 

Responsible institution:

Abacus Value Capital Fund AGmvK

Schaanerstrasse 29

9490 Vaduz

Liechtenstein

Phone: +423 377 99 77

E-mail: info@avcf.li

 

Contact details of the data protection officer:

Abacus Value Capital Fund AGmvK

Data protection officer

Schaanerstrasse 29

9490 Vaduz

Liechtenstein

Phone: +423 377 99 77

E-mail: info@avcf.li

 

 

1. Which data are processed (data categories) and from which sources do they originate?

 

We collect and process personal data that we receive within the scope of our business relation-ship with our clients. Personal data may be processed at any stage of the business relationship and may vary from person to person.

 

In principle, we process personal data that you provide to us by means of submitted contracts, forms, your correspondence or other documents. If necessary for the provision of the service, we also process personal data which arises or is transmitted as a result of the use of products or services or which we have received from third parties (e.g. your custodian bank, the identification service provider Identity TM), from public authorities (e.g. UN and EU sanctions lists). Finally, personal data may be processed from publicly accessible sources (e.g. trade and association registers, press, internet, Worldcheck).

 

In addition to customer data, we may also process personal data of other third parties involved in the business relationship, such as data of agents, representatives or beneficial owners of a business relationship. We would ask you to also inform any third parties about this data protection information.

 

By personal data we mean the following categories of data:

 

Master data

  • personal details (e.g. name, date of birth, nationality)
  • Address and contact data (e.g. physical address, telephone number, e-mail address)
  • Legitimation data (e.g. passport or identity card data) and Authentication data (e.g. signature sample, log-in information)
  • Data from publicly available sources (e.g. tax numbers)

 

Further basic data

  • Information on services and products used (e.g. investment experience and profile, consultation records, data regarding completed transactions)
  • Information on household structure and relationships (e.g. information on spouses or life partners and other family details, authorised signatories, legal representatives)
  • Information on financial characteristics and financial situation (e.g. portfolio and account number, creditworthiness data, origin of assets)
  • Information about professional and personal background (e.g. professional activity, hob-bies, wishes, preferences)
  • Technical data and information on electronic traffic with AC (e.g. records of accesses or changes)
  • Image and sound files (e.g. video or telephone recordings)

 

 

2. For what purposes and on what legal basis will your date be processed?

 

We process personal data in accordance with the provisions of the GDPR and the DSG for the following purposes or on the basis of the following legal bases:

  • To fulfil a contract or to carry out pre-contractual measures within the framework of the provision and brokerage of asset management, investment advice and other financial services which may be provided by Abacus Value Capital Fund AGmvK. The purposes of data processing depend primarily on the specific service or product (e.g. securities) and may include, but are not limited to, demand analyses, advice, asset management and the execution of transactions.
  • To fulfil legal obligations or in the public interest, in particular compliance with legal and supervisory requirements (e.g. compliance with the GDPR, the DSG, the Asset Management Act and Regulations), due diligence and anti-money laundering regulations, market abuse regulations, tax laws and agreements, control and reporting obligations, risk management). If you do not provide us with the necessary data, we will have to fulfil the relevant supervisory obligations and may be forced to terminate the business relationship.
  • In order to protect the legitimate interests of us or third parties for concretely defined purposes, in particular to determine creditworthiness, pursue claims, product development, marketing and advertising, business audits and risk management, reporting, statistics and plan-ning, prevention and clarification of criminal offences, video surveillance to protect the right of domicile and avert danger, telephone recordings.
  • Based on your consent, which you have given us for the provision of asset management services or on the basis of orders such as the disclosure of data to service providers or contract partners of AC.

 

You have the right to revoke your consent at any time. This also applies to the revocation of declarations of consent issued to Abacus Value Capital Fund AGmvK before the GDPR came into force, i.e. before 25 May 2018. The revocation of your consent is only effective for the future and does not affect the legality of the data processed until the revocation.

 

We reserve the right to process personal data collected for one of the above purposes for other purposes as well, if this is compatible with the original purpose or permitted or prescribed by law (e.g. reporting obligations)

 

 

3. Who gets access to the personal data and how long is it stored?

 

Access to your data can be both inside and outside Abacus Value Capital Fund AGmvK. Within Abacus Value Capital Fund AGmvK, only entities or employees may process your data if they need it to fulfil our contractual, legal and regulatory obligations and to safeguard legitimate interests. Other companies, service providers or vicarious agents may also receive personal data for these purposes in compliance with the relevant statutory provisions. Contract processors may be companies in the categories of asset management services, distribution agreements, IT services, logistics, printing services, consulting, sales and marketing. Furthermore, recipients of your data in this context may be other financial services institutions or comparable institutions to which we transfer personal data for the purpose of conducting the business relationship (e.g. custodian banks, brokers, stock exchanges, information centres).

 

If there is a legal or supervisory obligation, public bodies and institutions (e.g. supervisory au-thorities, financial authorities, etc.) may also receive your personal data.

 

Data may only be transferred to countries outside the EU or the EEA (so-called third countries) if

  • this is necessary for the execution of pre-contractual measures or for the performance of a contract, for the provision of services or for the execution of orders (e.g. securities transactions)
  • you have given us your consent
  • this is necessary for important reasons of public interest (e.g. prevention of money laundering) or
  • this is required by law (e.g. transaction reporting obligations).

 

However, this only applies to countries for which the EU Commission has decided that they have an adequate level of data privacy (such as Switzerland); otherwise, we employ measures to ensure that all recipients have an adequate data privacy level. For this purpose, we carry out a risk assessment in each case of the constitutional principles of the country in which the personal data are to be transferred and, if corresponding risks exist, we supplement the standard data privacy clauses with additional clauses or guarantees to effectively ensure that the data is protected in the destination country. These standard data privacy clauses are available on request.

 

We process and store the personal data for the entire duration of the business relationship, unless there are shorter mandatory deletion obligations for certain data. In addition, the duration of the storage depends on the necessity and purpose of the respective data processing. If the data are no longer necessary for the fulfilment of contractual or legal obligations or for the protection of our legitimate interests (achievement of purpose) or if a consent given is revoked, they are deleted regularly, unless further processing is necessary due to the contractual or legal retention periods and documentation obligations or for reasons of preservation of evidence during the duration of the applicable statute of limitations. According to the Asset Management Act, the statutory retention period is five years and may be as long as seven years if requested by the Liechtenstein Financial Market Authority. The statutory retention period according to the Due Diligence Act is ten years.

 

 

4. Is there an automated decision making process including profiling?

 

Some of our decisions are based on automated processing of personal data. There are business areas in which personal data is partly processed automatically.

 

This is done with the aim of assessing certain personal aspects where we are required by law or regulation (e.g. prevention of money laundering), to analyse requirements for services and products, and as part of risk management.

 

A suitable investment strategy is determined on the basis of your investment objectives (includ-ing your willingness to take risks, your risk-bearing capacity and your knowledge and experience of securities). This determination is based exclusively on automated decision-making. We partially process your data automatically with the aim of evaluating certain personal aspects (profiling). For example, we use profiling to provide you with targeted information and advice on products. The evaluation tools used for this purpose enable us to communicate and advertise according to your need.

 

 

5. What data protection rights do you have?

 

With regard to the personal data concerning you, you have the following data protection rights in accordance with the GDPR (Art. 7, Art. 15 to 21):

  • Right of access: You may request information from Abacus Value Capital Fund AGmvK as to whether and to what extent personal data relating to you will be processed (e.g. categories of personal data processed, purpose of processing, etc.).
  • Right to rectification, erasure and limitation of processing: You have the right to request rectification of any inaccurate or incomplete personal data concerning you. In addition, your personal data must be deleted if they are no longer necessary for the purposes for which they were collected or processed, if you have withdrawn your consent or if they are processed unlawfully. In addition, you have the right to request that the processing be restricted.
  • Right of withdrawal: You have the right to revoke your consent to the processing of your personal data for one or more specific purposes at any time if the processing is based on your express consent. This also applies to the revocation of declarations of consent issued before the GDPR came into force, i.e. before 25 May 2018. Please note that the revocation will only take effect in the future. Processing that took place before the revocation is not affected by this. The revocation also has no influence on data processing on another legal basis.
  • Right to data transfer: You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format and to have this data transferred to another responsible person.
  • Right of objection: You have the right to object informally to data processing in individual cases for reasons arising from your particular situation, provided that such processing is in the public interest or is carried out to safeguard the legitimate interests of Abacus Value Capital Fund AGmvK or a third party. In addition, you have the right to object informally to the use of personal data for advertising purposes. If you object to the processing of your personal data for direct marketing purposes, we will no longer process your personal data for this purpose.
  • Right of complaint: You have the right to file a complaint with the competent Liechtenstein supervisory authority. You can also apply to another supervisory authority of an EU or EEA member state, for example, at your place of residence or work or at the place of the suspected infringement.

 

The contact details of the data protection office responsible in Liechtenstein are as follows:

 

Data Protection Office Liechtenstein

Städtle 38

FL-9490 Vaduz

Principality of Liechtenstein

Phone: +423 236 60 90

E-mail: info.dss@llv.li

 

Requests for information or objections should preferably be made in writing to the data protec-tion officer. He is also available to you as your contact for all other data protection matters.

 

Vaduz, on December 2021

 

 

DATA PRIVACY STATEMENT FOR WEB PAGE VISITORS

 

More information about the DATA PRIVACY STATEMENT FOR WEB PAGE VISITORS.