Legal notice and Privacy Policy

The terms contained in this document set out the way in which members of the public may access and use the contents and services offered on the web portal of Pactio Gestión Sociedad Gestora de Instituciones de Inversión Colectiva (SGIIC), S.A. sole shareholder company (the "Web Portal") which is accessed free of charge via the web address www.pactio.com and which provides information that is correct as of its latest update.

Accessing the Web Portal and the information contained therein indicates acceptance of the terms in this Legal Notice. We therefore advise you to read the content carefully if you wish to access and make use of the information and the services offered at any given time through the Web Portal.

1) Identification details:

In compliance with the duty of information contained in section 10 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce , the following data is reflected hereinafter:

The owner of this Web Portal is Pactio Gestión SGIIC, S.A. sole shareholder company, ("Pactio"), with registered office in Madrid, Calle Rafael Calvo, 39, bearing Tax Identification Code (CIF) A-84360163, and entered in the Commercial Registry of Madrid, volume 21.429, page 17, section 8, sheet M-381100, first entry. Pactio is also entered in the Official Management Companies Register held by Spain’s Securities Market Commission, with entry number 209. The contact Email address is: dpd@pactio.com.

There are different ways of contacting us, which you can find in the "Contact" section (https://www.pactio.com/en/index.html#contact).

All the products and services provided by Pactio are subject to current law and supervised by Spain’s Securities Market Commission and other regulatory bodies. In particular, Pactio makes available to members of the public the prospectus of the Collective Investments Institutions it manages.

2) Users:

Accessing and/or using and/or participating in the Web Portal confers the status of User upon the person carrying out this action. Users fully and unreservedly accept each and every one of the conditions set out herein.

3) Use of the Web Portal:

Accessing, browsing, and using the Web Portal is the responsibility of the User, who pledges to observe diligently and faithfully any additional instructions issued by Pactio or by members of staff authorised by Pactio pertaining to the use of the Web Portal and its contents. We also urge you to notify Pactio should you become aware of any conduct contrary to the law or which infringes the rights of any third party.

Therefore, Users are required to use the contents diligently, correctly, and lawfully, and in particular they pledge to abstain from:

• using the contents for any intents or purposes that are contrary to the law, morality, generally accepted good customs, or public order;
• distributing, providing access to the public through any mode of public communication, transforming or changing content, unless the holder of the corresponding rights has given their written authorisation or where it is permitted by law; and
• using the contents, and in particular, information of any kind obtained through the Web Portal or from the services provided therein to send advertising, communications for the purpose of achieving direct sales, or any other kind for commercial purposes, unsolicited messages aimed at multiple recipients regardless of their purpose, and to abstain from commercialising or disseminating the information in any way.

 

The Web Portal provides access to a multitude of information, services, and data on the Internet pertaining to Pactio to which Users may have access.

Accessing and/or using the Web Portal does not require registration, although to use certain features, you might have to enter details such as your name and surnames, postal address, and Email address.

Users pledge to use the contents offered by Pactio through its Web Portal appropriately, and not to use them for the following purposes, among others: (i) engaging in unlawful or illegal activities, or those that go against good faith and public order; and/or (ii) disseminating contents or propaganda that are racist, xenophobic, pornographic-illegal in nature, which defend terrorism or infringe human rights; and/or (iii) causing damage to the physical and logical systems of Pactio, its suppliers, or third parties, introducing or spreading on the web a computer virus or any other physical or logical systems that might cause the damage mentioned above; and/or (iv) trying to access and use the Email accounts of other users and modifying or manipulating their messages.

Pursuant to the provisions in the Information Society Services and Electronic Commerce Act 34/2002, of 11 June, we inform you that the email address(es) you provide to us at any time may be used to send you information and/or documentation about Pactio. If you do not wish to receive this information and/or documentation, please write to Pactio at the following address: 39, Calle Rafael Calvo, 28010 Madrid, or email: infopactio@pactio.com.

4) Privacy policy and personal data protection

4.1. Introduction

The purpose of this Policy is to inform you, in accordance with applicable law, of how the personal data collected through the webpage www.pactio.com ("Pactio.com") will be processed.

By accessing and using Pactio.com and/or its subdomains, you become a user ("User/s") which entails knowing and accepting all the terms included in this Privacy Policy.

4.2. Who is responsible for processing your data?

Identity:	Pactio Gestión SGIIC, S.A.U. ("PACTIO") CIF: A-84360163
Postal address:	C/ Rafael Calvo, 39 - Madrid 28010
Telephone:	91.837.94.10
Email:	dpd@pactio.com

4.3. How do we collect personal data?

Users are informed that, as a result of using certain features of Pactio.com, they must provide certain personal details, which will be incorporated onto files managed by PACTIO. Specifically, Pactio.com will register the following information:

• Data provided to PACTIO voluntarily on the contact form by Users interested in obtaining commercial information (name, surname(s), email, and telephone).
• Data provided to PACTIO voluntarily on the customer service form (name, surname(s), date of birth, post code, email and telephone) to manage the service.
• Sending of emails: personal data (including, among others, their email address) provided by the User when sending an email to any direction@pactio.com.

The use of the different forms and features offered on Pactio.com is voluntary. However, some fields are required to deal with your request properly (e.g. to manage exchanges and returns), although the inclusion of personal data in the remaining fields is voluntary or supplementary. Should the User refuse to provide the information requested in required fields, PACTIO might not be able to deal with their request.

4.4. What is the purpose of processing your data?

 

In general, any information registered through Pactio.com, which PACTIO obtains from Users, shall be processed:

• To deal with and respond to requests formulated by Users through the forms provided on Pactio.com and/or by email.

4.5. Who are the recipients of your data?

PACTIO does not intend to pass your personal details onto any third party.

4.6.What are the legitimate grounds for processing data?

The legal grounds for processing the data collected is the consent given by the User when accepting this Privacy Policy or sending an email to any of the addresses provided through Pactio.com.

4.7. How long will we store your data?

Personal details collected will be kept by PACTIO only for the amount of time necessary to deal with and manage each specific request formulated by the User.

In the case of the contact form or when sending emails: for the amount of time necessary to deal correctly with your request.

However, after that period, data can be blocked and held by PACTIO in relation to possible responsibilities derived from data processing and only during the required limitation period for the responsibilities. After these periods have expired, personal data will be erased by PACTIO.

4.8.What rights do you have when you give us your data?

Users may withdraw the consent they provided to process their data at any time.

Users may, at any time, ask PACTIO to confirm whether their personal data are being processed by our Company and, if they are, access the data. They may also request any inaccurate data be amended or for data to be erased when, among other reasons, data are no longer necessary for the purposes for which they were collected.

Furthermore, under certain circumstances, users may also request to have the processing of their data restricted. In these cases, we will only retain these data to exercise or defend any claims. Users may also object to the processing of their data under certain circumstances. PACTIO will stop processing data, except where legitimate purposes prevail, or to exercise or defend against possible claims. Finally, when appropriate, users may exercise their right to data portability to obtain their data in an electronic format or to transfer their data over to another entity.

To this end, they may use the following channels, always providing a copy of their National ID Card or other document that accredits their identity:

• By writing to: C/ Rafael Calvo, 39 - Madrid 28010
• By emailing: dpd@pactio.com

Finally, users are also informed of their rights to submit a complaint or claim to the Spanish Data Protection Agency should they become aware of any events that might breach applicable data protection law.

4.9. Updates and changes to the Privacy Policy

PACTIO reserves the right to make amendments to this Privacy Policy, so Users are advised to check it regularly. When significant changes are made to this Privacy Policy, they will be communicated to Users to be accepted via notifications on Pactio.com, or through any other appropriate procedure depending on the circumstances.

5) Intellectual and Industrial Property:

The name Pactio Gestión SGIIC, S.A., and any distinctive signs (graphic or denominative) that appear on this Web Portal, are the sole property of Pactio, which has duly registered them, unless it indicated on the Web Portal that they belong to a different rights-holder. Third parties are strictly prohibited from using them unless they have the required written authorisation.

The domain name "pactio.com", and any domains that are used to access this website directly, are the sole property of Pactio. Improper use of them will infringe the rights conferred through their registration, and may be prosecuted by Law.

Pactio, in its own right or as the assignee, is the holder of all the intellectual and industrial property pertaining to the Web Portal, and of any elements contained therein (including but not limited to: images; sound; audio; video; software or texts; brands or logos ; colour combinations and typeface; structure and design; selection of materials used; computer programmes required for its operation; computer codes; access and use; etc.) Therefore, ownership corresponds to Pactio or to its licensors.

Consequently, it is not permitted to suppress, elude, or manipulate the copyright notice or any other data that identify the rights of Pactio or its holders incorporated into contents, and any information and/or identification mechanisms that might be found in the Web Portal contents.

Under no circumstances will it be understood that the access and browsing of the User entails a waiver, transfer, authorisation, licensing or total or partial assignment of these rights by Pactio.

Accordingly, Users pledge to respect the intellectual and industrial property rights owned by Pactio so that the Web Portal and the contents contained therein cannot be transformed, distributed, sold, transmitted, publicly communicated, exploited, modified, altered, decompiled and/or transferred to third parties, either totally or partially, on any medium or support, without the express written authorisation of Pactio, or of the corresponding rights holder or holders.

Notwithstanding the above, the contents of the Web Portal may be reproduced using any means with the limitations indicated below:

(i)      The User pledges to keep intact all notices about intellectual property, expressly acknowledging Pactio as the legitimate owner of all industrial and intellectual property rights of the reproduced content. The above information must be expressly stated in the corresponding Legal Notice of the work in which any of the Web Portal content is reproduced, or if there is no Legal Notice, it will be stated in an analogous and prominent location within the work;

(ii)     the User must cite the source;

(iii)    The contents of the Web Portal may not be used for commercial purposes;

(iv)    The contents of the Web Portal may not be reproduced in works whose contents are contrary to legal regulations, can be considered immoral, or undermine or damage the image of Pactio;

(v)     The content reproduced may not be altered or transformed or in any way modified; and

(vi)    A work cannot be created or generated derived from the Web Portal and/or its content that might cause confusion regarding the ownership of the work or the relationship between the owner of the work and Pactio. The public must not be led to believe that Pactio supports the work and/or the use of the reproduced content.

The contents of the Web Portal can be downloaded onto the User’s terminal provided that they are for the User’s own immediate private use or for reproduction in accordance with the previous paragraph and with the limitations above. Users may view the elements contained on the Web Portal and even print them out, copy them and store them on the hard drive of their computer or on any physical medium provided it is solely for their own personal and private use and that this does not infringe any of Pactio’s intellectual or industrial property rights. In particular, they may not alter, manipulate, modify and/or suppress contents either partially or fully.

Pactio does not transfer ownership of its software to the User. Pactio retains all industrial and intellectual property rights, including software. If the User transfers software from this Portal onto their own terminal, they may not dissect it for the purposes of studying it, or decompile it, translate the version of the original object code or its language into another code or language.

Furthermore, Users must abstain from eliminating, altering, circumventing or manipulating any protection device or safety system installed on the Web Portal.

6) Exemption from guarantees and responsibilities clause:

Pactio cannot be held responsible under any circumstances for any kind of damage that may be caused by the following, among others: errors or omissions in contents; and/or the non-availability of the Web Portal; and/or the transmission of viruses or malware or programmes that contain harmful contents, although all the technological measures required to avoid this have been taken.

Pactio does not guarantee, nor can it be held responsible, under any circumstances, for the following facts and contents:

Information shown on the Web Portal is provided "as they are", with no guarantees of any kind regarding its accuracy and up-to-datedness, except by legal requirements. Consequently, Pactio cannot be held responsible for any damage caused by the use of the information.

Links embedded on the Web Portal allow the User to leave Pactio’s webpage. Linked sites are not related, unless indicated otherwise, to Pactio, which cannot be held responsible for the contents accessed by virtue of the above links, or for any modifications made to them, or for the use made of them or for the technical availability thereof. In any case, Pactio pledges to do whatever it can to avoid the existence on its Web Portal of links to sites that host illegal content, which promote illicit, xenophobic, or racist activities, or which in general might breach principles of freedom and human dignity, or which infringe the rights acknowledged in the Spanish Constitution or the Universal Declaration of Human Rights.

The information, presentation, and the services offered by the Web Portal may be subject to periodic or specific changes, which can be made freely by Pactio without a requirement to notify users.

Pactio does not guarantee absolute privacy in the use of its Web Portal, since it cannot rule out the possibility that unauthorised third parties might have knowledge of the same and the circumstances in which it takes place.

Pactio does not accept any responsibility for possible damage caused by computer viruses and other elements or programmes that might be harmful to the User's equipment, which might affect it as a result of accessing, using, or exploring the site, or which might alter their electronic documents or files, the absence of which cannot be guaranteed.

Furthermore, Pactio cannot be held responsible for possible security errors that might occur through the use of computers infected with computer viruses. It also cannot be held responsible for any possible consequences caused by the improper functioning of the browser or through the use of out-of-date browser versions.

Pactio is therefore released of any responsibility derived from the improper functioning of the Portal or any of its services originating in an accidental circumstance, force majeure, necessary maintenance work and/or any other cause that cannot be attributed to it.

The previous list is provided by way of an example and is not under any circumstances an exclusive or exhaustive list under any of its points. In all cases, Pactio is released of any responsibility with regard to any type of damage caused directly or indirectly, and any other unspecified damage of similar characteristics.

This guarantee and responsibility exemption clause is not intended to contravene the requirements of law in this area, or to exclude responsibility in relation to matters from which Pactio may not be released in accordance with applicable law at any given time.

7) Amendments:

Pactio reserves the right to make any modifications and amendments it deems opportune on its Web Portal, without prior warning. It may change, erase, and/or add content and services provided through the Portal, and the way in which these are presented or located.

8) Links:

On the Portal, Users may find various links using different buttons, hyperlinks, banners etc., which will redirect them to independent webpages, separate from the Web Portal, the contents of which are owned by third parties. The sole purpose of these links is to facilitate access to other sources of information on the Internet related with its corporate purpose and programme of activities, and their inclusion on the Web Portal is rooted in respect for the intellectual property rights of the corresponding authors.

In these cases, Pactio does not exercise any type of control over the above sites and contents and, consequently, accepts no responsibility regarding any aspect pertaining to the webpage to which a link has been established from the Web Portal or the outcome derived by the User from accessing the links.

Under no circumstances does Pactio accept any responsibility for the contents of any link pertaining to an external website, nor does it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity, or constitutionality of any material or information contained on any of the hyperlinks or other Internet sites, nor does it guarantee the absence of viruses or other elements therein which might cause alterations to the User’s computer system (hardware and software), or their documents and/or files, excluding any responsibility for damage of any kind caused to the User for this reason.

In addition, Pactio accepts no responsibility under any circumstances for the outcome resulting from the User accessing the links.

The placement of any kind of link from the Web Portal to a third-party website does not imply that there is any kind of relationship, cooperation, or dependence between Pactio and the person or entity responsible for the external website.

If any User, entity or website wishes to embed a link that will lead users to the Portal and/or contents, they must comply with the following conditions and requirements:

• The link may redirect the user to the homepage of the Web Portal and/or any of its contents.
• The link must be absolute and complete. In other words, it must take the User, when they click on it, to the URL address of Pactio (//www.pactio.com) or the address that replaces it in the future, or to any of its contents, and must fully encompass the whole extension of the Web Portal screen.
• If the entity embedding a link from its page to the Portal and/or any of its contents wishes to include on its page the branding, name, trademark, mark, logo, slogan, or any other type of element identifying Pactio and/or the Web Portal, they must previously gain Pactio’s express written authorisation, unless a hyperlink is established directly to the Web Portal or any content on the Web Portal.
• Pactio does not authorise the establishment of links to the Web Portal and/or any of its contents from webpages that manifestly incite hatred, contempt, or discrimination on the grounds of birth, race, sex, religion, nationality, opinion, or any other personal or social circumstance or which in general goes against morality, public order, the principles derived from the Spanish Constitution, or generally accepted social norms.
• The establishment of a link does not indicate the existence of any kind of relationship between Pactio and the website owner, or the acceptance or approval of its contents by Pactio.
• Pactio will not exercise any type of control over the websites or content of links.

Pactio does not accept any liability for any aspect involving a website that places a link to the Web Portal and/or its contents. This specifically includes but is not limited to the following: the website’s operation, access, data, information, and files; the quality and reliability of its products and services; its own links; and/or any of its content, in general.

9) Internal Code of Conduct:

Pactio, the members of its Board of Directors, executives and employees are subject to an Internal Code of Conduct and the general rules of conduct in current law.

10) Anti-money laundering and terrorist financing:

Pactio is bound by law governing anti-money laundering and terrorist financing, which requires it to fulfil certain obligations in relation to its clients.

11) Absence of recommendations, advice, and offers:

The Web portal does not provide any type of investment recommendations, advice about investments, legal, fiscal, or any other kind of guidance, and none of the contents included therein must be taken as the basis for making investments or decisions.

The information contained on the Web Portal is published for general use and does not take into account the specific investment goals, financial situation, or individual needs of any specific person. Before deciding about an investment, Users must obtain appropriate and specific professional guidance. The value of investments may go up or down, circumstances that investors must accept, including the risk of not recovering the initial investment either in part or in full. Furthermore, past returns are no guarantee of future returns.

The contents of the Web Portal are provided for information purposes only, and under no circumstances should they be used or considered as an offer of sale, request for a purchase offer, or recommendation to make any other kind of transaction. Any decision to purchase must be made in accordance with the public information available about the financial instrument and the content of the brochure registered with Spain’s National Securities Market Commission.

12) Prosecution:

Pactio shall prosecute any breach of these terms and any improper use of the Web Portal and/or its contents, taking any administrative, civil and/or criminal action to which it may be entitled by law.

13) Amendment and duration of these terms:

Pactio may amend at any time the terms in its Legal Notice, which must be duly indicated in this document.

The validity of the above terms will depend on their exposition, and they will in general remain in force until they are amended or modified by other terms.

The validity of these terms, therefore, coincides with the period during which they are visible, until they are partially or fully amended, at which time the amended terms will take effect.

Pactio may suspend or interrupt, at any time and without prior warning, access to the contents of the Web Portal, in which case the User is not entitled to receive any compensation. Following the above suspension or interruption, the content usage prohibitions above within these terms will continue to remain in force.

14) Governing law and jurisdiction:

These terms are governed by Spanish law.

If there are any discrepancies or controversies arising from the interpretation or application of these terms or of the Web Portal content, in general, Pactio and the User, expressly waiving their entitlement to any other jurisdiction, agreed to be bound by the decisions of the Courts of Madrid.

15) General:

In the event that any provision or provisions in these terms are held to be null and void or unenforceable, in whole or in part, by any Court or administrative body of competent jurisdiction, this nullity or non-enforceability will not affect the other provisions of these terms.

Pactio’s exercise or failure to exercise any right or provision contained in these terms will not constitute a waiver thereof, unless Pactio acknowledges and agrees to this in writing.