Important Legal Information

Persons who access information on the website of Stratos Capital Management Limited (“SCM website”) agree to the following terms and conditions. Any special agreements with respect to individual services or products of Stratos Capital Management Limited (“SCM”) shall be complementary to these terms and conditions, although in the event of any conflict, the provisions contained in any such special agreements shall prevail.

No offer, no obligation

No information published on the SCM website constitutes a solicitation or offer, or recommendation, to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever.

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 In particular, SCM shall not be obliged to remove any outdated information from the SCM website or to expressly mark it as being outdated.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

Limitation of liability
SCM disclaims, without limitation, all liability for any loss or damage of any kind, including any direct, indirect or consequential damages, which might be incurred through the use of or access to the SCM website, or any links to third-party websites. Furthermore, SCM disclaims all liability for any tampering with the Internet user’s computer system by unauthorized parties. In this regard, SCM expressly reminds of the risk of viruses, and the possibility of targeted attacks by hackers. In order to combat viruses, it is recommended that the most recent browser versions be used, and that anti-virus software be installed and continually updated. As a rule, the opening of any e-mail from an unknown source as well as any unexpected attachment to an e-mail message should be avoided.

Links
Some links on the SCM website lead to third-party websites, which are completely beyond control of SCM. Accordingly, SCM does not assume any responsibility for the accuracy, completeness and legality of the contents of such websites, or for any offers and services contained.

Material interests
The SCM Group and/or its boards of directors, executive management and employees may have or have had interests or positions in, or traded or acted as market maker in relevant securities. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided corporate finance or other services to or serve or have served as directors of relevant companies.

Local legal restrictions
The SCM website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the SCM Website is prohibited. Persons in respect of whom such prohibitions apply must not access the SCM website. This applies in particular to persons resident in Italy and Spain.

Use of the SCM website
The entire content of this SCM website is subject to copyright with all rights reserved. You may save or print out a hard copy of individual pages and/or sections of the SCM website, provided that you do not remove any copyright or other proprietary notices. With any saving or otherwise copying from the SCM website the terms and conditions for use shall be deemed to have been accepted. All property rights shall remain with SCM. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the SCM website without the prior written permission of SCM.

Terms of Use

These Terms of Use apply to SCM Website as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Use appears (collectively, the “SCM Website”) and apply to all visitors. These Terms of Use and any other terms that appear on the page from which you were directed to these Terms of Use govern your use of the SCM Website. By accessing the SCM Website, you agree to be legally bound by the Terms of Use then in effect. Please also refer to the relevant additional legal information applicable to your country.

These Terms of Use as well as the information and materials contained in the SCM Website are subject to change at any time and from time to time, without notice. SCM may add features to or remove features from the SCM Website at any time and from time to time in our sole discretion. Continued access to the SCM Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified.

If you do not agree to be bound by these Terms of Use, do not use the SCM Website.

Access Subject to Local Restrictions

The SCM Website and all information and functionalities contained within them are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant branch, subsidiary or affiliate office of SCM and such licenses or authorizations have not been obtained.

Services and Products

Products and services displayed on the SCM Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information.

Any materials, information or reports published, distributed or otherwise made available on the SCM Website is published for information purposes and is subject to change at any time without notice. They have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient and should not be construed as a solicitation, offer or recommendation, to buy or sell any securities, investment or other financial instruments, to effect any transactions or to conclude any legal act of any kind whatsoever. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or groups of SCM as a result of using different assumptions and criteria. SCM is not under any obligation to update or keep current the information contained herein nor to remove any outdated information from the SCM Website or to expressly mark it as being outdated.

No Offer

All information and materials published, distributed or otherwise made available on the SCM Website are provided for informational purposes, for your non-commercial, personal use only. No information or materials published on the SCM Website constitutes a solicitation, an offer, or a recommendation to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever.

SCM does not provide investment, legal or tax advice through the SCM Website and nothing herein should be construed as being financial, legal, tax or other advice. SCM does not represent that any securities or services discussed are suitable for any investor. No investment or other decisions should be made solely based on the contents or information found on the SCM Website.

When making a decision about your investments, you should seek the advice of a professional financial advisor or qualified expert.

Performance

The future performance of an investment cannot be deduced from previous market value, i.e. the value of an investment may fall as well as rise. An investment may also lose value due to changes in rates of foreign exchange. SCM cannot guarantee that any capital invested will maintain or increase in value.

Forward Looking Statements

The SCM Website may contain statements that constitute “forward looking statements”. While these forward looking statements may represent SCM’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from SCM’s expectations. SCM is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.

No Warranty

Your use of the SCM Website is at your own risk. The SCM Website, together with all content, information and materials contained therein, is provided “as is” and “as available” “, without any representations or warranties of any kind. Any materials, information or content accessed, downloaded or otherwise obtained through the use of the SCM Website is done at your own risk and SCM is not responsible for any damage to your computer systems or loss of data that results from the download of such material. SCM and its affiliates expressly disclaimer all representations or warranties of any kind, whether express or implied, with respect to the SCM Website, and all materials, information, content and functionalities contained herein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, SCM does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the SCM Website or the information or results obtained from use of the SCM Website, or that the SCM Website will be available at all times, or is virus-free or error-free.

No Liability

To the fullest extent permitted by law, in no event shall SCM or our affiliates, or any of our directors, employees, contractors, service providers or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the SCM Website, or any links to third party websites.

You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use the SCM Website and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). SCM specifically disclaims all liability for any tampering with any user’s computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.

In no event will SCM or our affiliates, or any of our officers, directors, employees, contractors, service providers or agents be liable for any incidental, special, punitive or consequential damages howsoever caused arising out of the use of the SCM Website, its content, or the inability to use the SCM Website.

This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

Links

The SCM Website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. SCM has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. SCM shall have no liability for third party content or websites or websites linking to or framing the SCM Website.

Social Bookmarks

The SCM Website may contain social bookmarks which are identifiable by means of their respective buttons. Social bookmarks allow users of certain social media platforms to post links to selected SCM web pages on their social media accounts in order to bookmark them or share them with their social media contacts. If you use social bookmarks, you will be sending personal identifying data to the respective social media platform. Any comments or activity made by or carried out by persons using social bookmarks is not controlled, endorsed or monitored by SCM and SCM shall not be responsible or liable for such. Persons who share SCM communications via social bookmarks are not authorized to speak for or represent SCM and their views and opinions must be regarded as strictly their own and not SCM’s. In addition, the provisions in these Terms of Use relating to Links also apply to social bookmarks.

Intellectual Property Rights

SCM, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the SCM Website. Individual pages and/or sections of the SCM Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the SCM Website for commercial or public purposes, without the prior written permission of SCM. Systematic retrieval of content from the SCM Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the SCM Website without the prior written permission from SCM is strictly prohibited.

The key symbol and SCM are among the registered and unregistered trademarks of SCM. Other marks may be trademarks of their respective owners. Except as noted above, you may not use any trademarks of SCM for any purpose without the prior written permission of SCM.

Electronic Communication (E-Mail)

The Internet is an universally accessible medium. Ordinary e-mail messages sent over the Internet are neither confidential nor secure. They may be easily accessible by third parties and may entail a considerable amount of danger and risk including: (a) lack of confidentiality (e-mails and their attachments can be read and/or monitored without detection); (b) manipulation or falsification of the sender’s address or of the e-mail’s (or attachment’s) content (e.g. changing the sender’s address(es) or details); (c) system outages and other transmission errors, which can cause e-mails and. their attachments to be delayed, mutilated, misrouted and deleted; (d) viruses, worms, Trojan horses etc. may be spread undetected by third parties and may cause considerable damage; and (e) interception by third parties.

You are therefore recommended to communicate with SCM by using a secure channel if such channel is provided by SCM. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data.

Unless explicitly stated otherwise, SCM does not accept any orders or instructions sent by E-mail or any other electronic messaging system.

SCM shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to SCM using ordinary E-mail or any other electronic messaging system.

Please see our E-Mail Disclosure for more information about our e-mail practices and policy.

Privacy Statement

SCM has established a Privacy Statement, as modified from time to time, which explains how personal data is collected on the SCM Website and used. The Privacy Statement is part of these Terms of Use and is incorporated herein by reference.

Severability Clause

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms of Use but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

Conflict with Additional Terms

Certain web pages or areas on the SCM Website may contain additional terms, conditions, disclosures and disclaimers (collectively, the “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.

Privacy statement

SCM appreciates your visit to this web site (“SCM Website”) and your interest in our services and products. Your privacy is important to us and we want you to feel comfortable visiting our site. We take care to protect your personal data collected, processed and used during visits to the SCM Website.

By accessing the SCM Website you accept this Privacy Statement (“Statement”).

If you do not agree to this Statement, do not proceed to further web pages of the SCM Website.

This Statement may be updated from time to time. We therefore ask you to consult it on a regular basis. The last line of this Statement below indicates when the Statement was last updated.

What are the purpose and the scope of this Statement?

SCM AG, its subsidiaries and branches (“SCM” or “We”) are committed to safeguarding the personal information that we collect from individuals who use the SCM Website. Accordingly, SCM has developed this Statement to describe how and what type of data will be collected from users of the SCM Website and the purposes for which SCM may collect, share or disclose the data. SCM also outlines reasonable precautions which are taken to keep your data secure.

This Statement applies to any information obtained by SCM through your use of the SCM Website. It is not applicable to any Internet websites controlled by third parties not affiliated with SCM that the SCM Website may link to (“Third Party Sites”). Please review the privacy statements of Third Party Sites as SCM is not responsible for and has no influence on the content or the privacy practices of Third Party Sites.

The terms of this Statement are subject to any additional terms of disclaimers or other contractual terms you have entered into with SCM such as client privacy statements or notices, and any applicable mandatory laws and regulations.

What information do we collect from you and for what purpose?

When you visit the SCM Website, our web server automatically records details about your visit (for example, your IP address, the web site from which you visit us, the type of browser software used, the SCM Website pages that you actually visit including the date and the duration of your visit).

In addition, we collect personal data which you provide through the SCM Website, for example when you enter personal details (e.g. name, gender, address, e-mail address, phone/fax number) on a registration page or if you sign up for an email newsletter.

SCM will use your personal data:

  • for the purposes of technical administration and research & development of the SCM Website,
  • for customer and user administration and marketing,
  • to inform you about our services and products, and
  • for such purposes as otherwise specified.

SCM respects applicable laws and regulations in its use of personal data.

How do we collect and store information from you?

SCM uses tracking technology such as cookies or tags to gather information as outlined above  to understand how visitors use the SCM Website.

Tracking technology helps us manage and improve the usability of the SCM Website, for example by detecting whether there has been any contact between your computer and us in the past and to identify the most popular sections of the SCM Website.

Where available, the “Cookies” link at the bottom of the page gives you more details about SCM’s use of cookies, and lets you control which types of cookies the SCM Website may set on your device (known as your “cookie settings”).  Please ensure that you set your cookie settings by un-ticking certain types of cookies if you do not consent to their use by SCM.

When you save your cookie settings, they should also apply to your future visits to the SCM Website. However, for technical reasons beyond SCM’s control, this cannot be guaranteed.  For example, if you reset your browser, delete your cookies or access the SCM website from another browser or device your cookie settings may be lost. To comply with applicable laws and regulations, in some countries you may be asked to confirm your cookie settings when you first visit the SCM Website.  If you are in a country where you are automatically required to set your cookie settings, you may be asked to set them again on a future visit.

In many cases you can also control tracking technologies using your browser. Please ensure that your browser setting reflects whether you wish to be warned about and/or accept tracking technologies (such as cookies) where possible.  The specific capabilities of your browser and instructions on how to use them can usually be found in the manual or help file of your browser.

Refusing, disabling or deactivating of tracking technologies may result in a reduced availability of the services provided by the SCM Website or parts of the SCM Website may no longer function correctly.

To whom do we disclose your information collected from the SCM Website?

SCM may disclose your information to its affiliates and its and their agents and third party providers inside or outside your country of residence to perform services for SCM and for the purposes stated above. Our affiliates, agents and third party providers who have access to personal data obtained through the SCM Website are obliged to respect privacy.

When transferring personal data internationally we make sure that we comply with applicable laws and regulations, for example, by entering into agreements which will ensure that the recipients of your information maintain an adequate level of data protection.

We may also disclose your information to governmental agencies or entities, regulatory authorities, or other persons in line with any applicable law, regulations, court order or official request, or under any and for the purposes of any guidelines issued by regulatory or other authorities, or similar processes as either required or permitted by applicable law.

What security measures have we implemented to protect your information collected through the SCM Website?

SCM has implemented reasonable technical and organizational security measures to protect your personal data collected by SCM via the SCM Website against unauthorized access, misuse, loss or destruction.

How do we treat electronic messages sent to and from SCM?

All electronic messages sent to and from SCM are automatically retained in a distinct journaling system which preserves the evidential weight of the e-mails. They are protected by reasonable technical and organisational measures and may only be accessed in justified cases in line with applicable laws and regulations (e.g. court order, suspicion of criminal conduct, violation of regulatory obligations, material breach of employment contract) to specific persons in defined functions (e.g. Legal, Compliance, Risk). Every step of the process, as well as the search criteria used, are logged in an audit trail. All emails are disposed of after the applicable retention period has expired.

What should you consider when sending data over the Internet?

The Internet is generally not regarded as a secure environment, and information sent via the Internet (such as to or from the SCM Website or via electronic message) may be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Even if both sender and receiver are located in the same country, information sent via the Internet may be transmitted across international borders and be forwarded to a country with a lower data protection level than exists in your country of residence.

Please note that we accept no responsibility or liability for the security of your information whilst in transit over the Internet to SCM. In order to protect your privacy we would like to remind you that you may choose another means of communication with SCM, where you deem it appropriate.

How do we deal with information from individuals under the age of 18?

The SCM Website does not seek to collect personal data from individuals under the age of 18.  Individuals under the age of 18 should receive permission from their parent or legal guardian before providing any personal data to SCM on the SCM Website.

How can you access or review your personal data?

You may, where permitted by applicable law or regulation:

  • check whether we hold your personal data,
  • ask us to provide you with a copy of your personal data, or
  • require us to correct any of your personal data that is inaccurate.

Should you have a request regarding the processing of your personal data please send a letter to the following address:

Stratos Capital Management

1st First Canadian Place

100 King Street West, Suite 5700

Toronto ON, M5X 1C7

E-Mail Disclosure

The information contained in e-mail messages from SCM may be privileged, confidential, proprietary, or otherwise protected from disclosure. If you received any e-mails from SCM in error, please notify the sender immediately by replying to the e-mail and delete the e-mail from your computer. If there are any attachments to the e-mail that you received in error, kindly refrain from opening them, and do not download or save them to your computer.

Protect your privacy

For your protection, please do not include any confidential information, such as account numbers, Social Security numbers, credit card numbers, passwords, or other non-public information in any e-mails that you send to SCM.

Please refer to your official records

The information provided in an e-mail or its attachments is not an official transaction confirmation or account statement. If you are a SCM client, your official account statements are mailed to you, or made available to you electronically or by such other means as our clients have directed.

We retain and protect e-mail messages

In accordance with industry standards and practices, and to comply with our legal and regulatory retention requirements, SCM retains e-mail messages for a period of time in accordance with our established policies, guidelines and procedures. Those messages are kept confidential and are accessed and used in accordance with our policies, guidelines and procedures.

Last updated in December 2017.