By accessing this Website you furthermore confirm that you are a resident of Switzerland and a professional-client in the sense of articles 4 para. 3 to 5 or article 5 para. 1 and 4 of the Financial Services Act (FinSA).
None of the financial instruments referred to on the Website will be made available, nor will the corresponding term sheets, prospectuses, or other information documentation, as the case may be, be distributed to persons residing in any country, state, or jurisdiction where the marketing of such financial instruments would be contradictory to local law or regulation. Persons to whom such restrictions apply must not access the Website. Website users are responsible themselves for ensuring that they are legally entitled to access the Website. None of the financial instruments referred to on the Website is or will be registered in the United States of America under the 1933 Securities Act, as amended. Therefore, none of them is intended to be offered, either directly or indirectly, in the United States of America (including its territories and colonies), to nationals and persons domiciled in the United States of America, to persons normally domiciled in the United States of America or to persons for the benefit of or in favour of US nationals (as defined in Regulation S of the 1933 Securities Act). Persons to whom such restrictions apply must not access the Website.
The information provided on our website constitutes advertisement for financial instruments in the sense of article 68 FinSA. It is for information purposes only and does neither constitute investment advice, a solicitation, or a recommendation to buy or sell any financial instruments nor does it constitute recommendations or guidance for decisions concerning any investments and is not a result of objective or independent research. The Website’s content does not claim to be exhaustive and presents only certain characteristics of the instrument described. It is based on information and data provided by the issuer of the respective financial instrument. Although reasonable efforts have been performed by HFWM AG to ensure that the information contained on the Website is up to date and accurate, and despite HFWM AG is as diligent as possible in compiling and updating the information on the Website, it has not been verified and cannot guarantee the accuracy and completeness of the information presented on the Website and HFWM AG does not assume any warranty or guarantee of any kind, expressed, statutory, or implied, with regard to the information contained on the Website, any part thereof, or any results obtained therefrom. The information provided on the Website has been prepared without regard to the objectives, financial situation, personal circumstances, or needs of any particular investor. Whilst interested investors are strongly encouraged to carefully review all relevant investment information provided on the Website, interested investors should in any case consult with their own financial and tax advisor regarding the risks and rewards of any financial instrument presented on the Website before making any investment decision.
Users may leave the Website by clicking on a link. Visiting these external websites shall be done exclusively at users’ own risk. Moonshot (HFWM AG) has not verified the content or security of external websites accessible through links on its own Website and does not assume any responsibility for the information they contain, particularly not for any offers, information, or opinions. Moonshot (HFWM AG) does not assume any responsibility for any damage caused during visits to such external websites. Users may visit external websites under their own responsibility and at their own risk.
Moonshot (HFWM AG) shall not be liable for losses resulting from email messages that are received late or not at all. This also applies to other unprotected forms of communication whose function and risk exposure is similar to that of email messages.
Past performance is no guarantee for future returns. In particular, there is no guarantee that an investor’s capital will be protected or that the value of employed capital or of shares will be equal to or greater than an investor’s original investment when the investor sells his shares or withdraws his capital.
HFWM AG and its contractual partners decline any liability (including negligence and third-party liability) for any direct, indirect, or consequential loss or damage arising from reliance on this Website, in connection with the information, performance data, and other statements, links, or other communications contained on the Website or related to the risks of the financial instruments presented on the Website or the risks of financial markets.
By registering on our website you additionally agree to the following terms:
(a) Any information exchanged among HFWM AG and any individual or entity (including their respective representatives or advisors) in connection with their access to content that requires access approved by HFWM AG prior to a self-declaration by the respective individual or entity on the Website and/or received from HFWM AG and/or its representatives and/or advisors pertaining to the business and the operation of the platform (all such information collectively “Confidential Information”), shall be kept strictly confidential by HFWM AG (including their respective representatives or advisors) on the one hand and the respective individual or entity (including their respective representatives or advisors) on the other hand. The parties shall neither use in any form nor disclose to any third party any Confidential Information unless explicitly authorized by HFWM AG. The Parties shall ensure that their employees, directors, and any other representatives, as well as the advisors of each Party to whom any such Confidential Information is entrusted, comply with these restrictions.
(b) Without limiting the generality of the foregoing, the term Confidential Information shall include in particular:
(i) any information regarding the presented financial instruments and the commercial terms and conditions of the presented financial instruments; and
(ii) any trade secrets, financial or confidential information of the Website.
(c) The term Confidential Information shall not include any information:
(i) which as of the time of its disclosure by a party was already lawfully in the possession of the receiving party as evidenced by written records, or
(ii) which at the time of the disclosure was in the public domain, or
(iii) the disclosure of which was previously explicitly authorized by the respective other party.
(d) The non-disclosure obligation in relation to Confidential Information shall not apply to any disclosure of Confidential Information required by law or regulations or made towards a party’s directors, managers, employees, or professional advisors, all of which are subject to a professional or contractual non-disclosure or confidentiality obligation. In the event disclosure of Confidential Information is required by law or regulations (including, without limitation, for tax, audit, or regulatory purposes), the disclosing party shall use all reasonable efforts to arrange for the confidential treatment of the materials and information so disclosed.
(e) Each party may use any Confidential Information in accordance with this confidentiality obligation. But, subject to the terms hereof, each Party acknowledges and agrees that any Confidential Information made available to it (including to any representative or advisor of such Party) by HFWM AG or any other party (including their representatives or advisors) hereunder shall not be used by such Party other than;
(i) as permitted under this Agreement,
(ii) for the benefit of HFWM AG, or
(iii) for the respective Party’s assessment of the Website,
and shall not be exploited by or for the benefit of such Party or any of its affiliates or third party.
(f) Nothing herein shall restrict HFWM AG from granting third parties customarily due diligence access to the Website and to HFWM AG for purposes of financial, commercial, strategic, or similar transactions based on non-disclosure and non-use agreement, if appropriate.
In case of breach of any of the duties pursuant to this confidentiality undertaking
by a user, such user shall be liable to HFWM AG for the payment of contractual damages (“Konventionalstrafe”) corresponding to an amount of CHF 50’000 for each case of breach and, in the case of continuing breaches, for each calendar month during which such breaches are continuing whether for all or part only of such calendar month. Evidence of actual damage is not required for claims to pay contractual damages. The payment of contractual damages does not constitute a waiver of claims for payment of actual damages nor of any obligations of the user under this Agreement.
A registered and approved user of this Website irrevocably and unconditionally agrees to make any investments into the various financial instruments presented on the Website exclusively by using the channels made available on this Website of Moonshot (owned and operated by HFWM AG). Should the user, contrary to this fiduciary undertaking, make an investment directly with the respective issuer of the respective financial instrument), whether as a bondholder, loan creditor, shareholder, or otherwise in any direct or indirect form (e.g. through another service provider), the user undertakes to pay HFWM AG a penalty in the amount of 30% of the respective investment made, but at least CHF 50,000 per breach.
Any legal relationship arising between HFWM AG and an individual or entity as a result of using the Website will be exclusively subject to Swiss law.
1. AN OVERVIEW OF DATA PROTECTION
Data collection on our website
Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.
How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.
Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.
What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.
What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.
Analytics and third-party tools
You can object to this analysis. We will inform you below about how to exercise your options in this regard.
2. GENERAL INFORMATION AND MANDATORY INFORMATION
Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.
Notice concerning the party responsible for this website
The party responsible for processing data on this website is:
8832 Wilen b. Wollerau
The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).
Revocation of your consent to the processing of your data
Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
Right to file complaints with regulatory authorities
If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data that we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.
If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.
Information, blocking, deletion
As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked, or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.
Opposition to promotional emails
We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.
3. DATA COLLECTION ON OUR WEBSITE
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.
Server log files
The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:
Browser type and browser version
Operating system used
The hostname of the accessing computer
Time of the server request
These data will not be combined with data from other sources.
The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.
Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question, and any follow-up questions. We do not share this information without your permission.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
Registration on this website
You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.
To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.
We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.
4. SOCIAL MEDIA
Share content via plugins (Facebook, Google+1, Twitter, etc.)
The content on our pages can be shared on other social networks like Facebook, Twitter, or Google+. This page uses Shariff. This tool establishes direct contact between the networks and users only after users click on one of these buttons.
This tool does not automatically transfer user data to the operators of these platforms. If users are logged into one or more of the social networks, the Like, +1, and Share buttons for Facebook, Google+1, Twitter, etc. will display an information window in which the user can edit the text before it is sent.
Our users can share the content of this page on social networks without their providers creating profiles of users’ surfing behavior.
Facebook plugins (Like & Share buttons)
Our website includes plugins for the social network Facebook, Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The Facebook plugins can be recognized by the Facebook logo or the Like button on our site. For an overview of Facebook plugins, see https://developers.facebook.com/docs/plugins/.
If you do not want Facebook to associate your visit to our site with your Facebook account, please log out of your Facebook account.
Your privacy preferences with Twitter can be modified in your account settings at https://twitter.com/account/settings.
Our pages use Google+ functions. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Collection and disclosure of information: Using the Google +1 button allows you to publish information worldwide. By means of the Google+ button, you and other users can receive custom content from Google and our partners. Google stores both the fact that you have +1’d a piece of content and information about the page you were viewing when you clicked +1. Your +1 can be displayed together with your profile name and photo in Google services, for example in search results or in your Google profile, or in other places on websites and advertisements on the Internet.
Google records information about your +1 activities to improve Google services for you and others. To use the Google + button, you need a globally visible, public Google profile that must contain at least the name chosen for the profile. This name is used by all Google services. In some cases, this name may also replace a different name that you have used to share content via your Google account. The identity of your Google profile can be shown to users who know your email address or other information that can identify you.
Use of collected data: In addition to the uses mentioned above, the information you provide is used in accordance with the applicable Google data protection policies. Google may publish summary statistics about users’ +1 activity or share it with users and partners, such as publishers, advertisers, or affiliate websites.
Our website contains functions of the Instagram service. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA.
If you are logged into your Instagram account, you can click the Instagram button to link the content of our pages with your Instagram profile. This means that Instagram can associate visits to our pages with your user account. As the provider of this website, we expressly point out that we receive no information on the content of the transmitted data or its use by Instagram.
Our site uses functions from the LinkedIn network. The service is provided by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.
Each time one of our pages containing LinkedIn features is accessed, your browser establishes a direct connection to the LinkedIn servers. LinkedIn is informed that you have visited our web pages from your IP address. If you use the LinkedIn “Recommend” button and are logged into your LinkedIn account, it is possible for LinkedIn to associate your visit to our website to your user account. We would like to point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how it will be used by LinkedIn.
Our website uses features provided by the XING network. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany.
Each time one of our pages containing XING features is accessed, your browser establishes a direct connection to the XING servers. To the best of our knowledge, no personal data is stored in the process. In particular, no IP addresses are stored nor is usage behavior evaluated.
5. ANALYTICS AND ADVERTISING
This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.
We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.
You can prevent these cookies from being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Objection to data collection
You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie is set which prevents the collection of your data on future visits to this website.: Click here to disable Google Analytics.
Outsourced data processing
We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
Demographic data collection by Google Analytics
This website uses Google Analytics’ demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section “Refusal of data collection”.
If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.
We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members’ area) remain unaffected.
This website uses the services of MailChimp to send newsletters. This service is provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.
MailChimp is a service that organizes and analyzes the distribution of newsletters. If you provide data (e.g. your email address) to subscribe to our newsletter, it will be stored on MailChimp servers in the USA.
MailChimp is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the US to ensure compliance with European privacy standards in the United States.
We use MailChimp to analyze our newsletter campaigns. When you open an email sent by MailChimp, a file included in the email (called a web beacon) connects to MailChimp’s servers in the United States. This allows us to determine if a newsletter message has been opened and which links you click on. In addition, technical information is collected (e.g. time of retrieval, IP address, browser type, and operating system). This information cannot be assigned to a specific recipient. It is used exclusively for the statistical analysis of our newsletter campaigns. The results of these analyses can be used to better tailor future newsletters to your interests.
If you do not want your usage of the newsletter to be analyzed by MailChimp, you will have to unsubscribe from the newsletter. For this purpose, we provide a link in every newsletter we send. You can also unsubscribe from the newsletter directly on the website.
Data processing is based on Art. 6 (1) (a) DSGVO. You may revoke your consent at any time by unsubscribing to the newsletter. The data processed before we receive your request may still be legally processed.
The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted from our servers and those of MailChimp. Data we have stored for other purposes (e.g. email addresses for the members’ area) remains unaffected.
7. PLUGINS AND TOOLS
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.
If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.
If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.
Google Web Fonts
For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
For this purpose, your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.
If your browser does not support web fonts, a standard font is used by your computer.
INFORMATION PROVIDED ACCORDING TO SEC. 5 GERMAN TELEMEDIA ACT (TMG):
Moonshot Brokerag Network
RESPONSIBLE FOR CONTENTS ACC. TO SEC. 55, PARA. 2 GERMAN FEDERAL BROADCASTING AGREEMENT (RSTV):
Moonshot Brokerag Network
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
Please find our email in the impressum/legal notice.
We do not take part in online dispute resolutions at consumer arbitration boards.
Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidence that indicates illegal activities.
Legal obligations to removing information or blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of the law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee those contents. Providers or administrators of linked websites are always responsible for their own content.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of the law. Illegal links will be removed immediately at the time we get knowledge of them.
Contents and compilations published on these websites by the providers are subject to Swiss copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require the written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.