privacy

www.shilohadvisors.com Privacy Policy and Terms of Use 

This Privacy Policy and the Terms of Use outline Shiloh Advisors AG (“Shiloh Advisors”, “us”, “our”, and “we”) practices with respect to information collected from users who access our website at www.shilohadvisors.com ("Site") or otherwise share personal information with us (collectively: "Users") as well as practices with respect to the information provided on this website. The Site is a copyrighted work belonging to us. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Nothing on this Site is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset, or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Neither this Site nor any of the content, materials, and information available on or through this Site make any effort to present a comprehensive or balanced description of Shiloh Advisors or its investment activities.

You acknowledge and agree that Shiloh Advisors will have no obligation to provide you with any support or maintenance in connection with the Site. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Shiloh Advisors or Shiloh Advisors’ suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth hereby. Subject to these Terms, Shiloh Advisors grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use. Shiloh Advisors and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

You agree to indemnify and hold Shiloh Advisors (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations. Shiloh Advisors reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Shiloh Advisors. Shiloh Advisors will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You hereby release and forever discharge Shiloh Advisors (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).  

Responsible authority within the meaning of data protection laws, in particular the General Data Protection Regulation (GDPR): schweizerischen Bundesverfassung (Article 13) and the datenschutzrechtlichen Bestimmungen des Bundes.

Retention

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined considering the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications, and anything else as required by applicable laws and regulations. We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

Grounds for data collection 

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter "Personal Information") is necessary for the performance of providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject. We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6 Para. 1 GDPR - insofar as and insofar as the EU GDPR is applicable: When you use the Site, you consent to the collection, storage, use, disclosure, and other uses of your Personal Information as described in this Privacy Policy. We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions.

What information do we collect?

We collect two types of data and information from Users: 
  • The first type of information is un-identified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Site (“Non-personal Information”). We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).
  • The second type of information is Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:
    • Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the Site.
    • The types of personal information collected include Identity/Contact data, Professional information, publicly available information, and Usage data. We may use your personal data to send you updates (by email, text message, telephone or post) about our services. We have a legitimate interest in using your personal data for marketing purposes. This means that we do not usually need your consent to send you marketing information. However, where consent is needed, we will ask for this separately and clearly. Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. You may send requests for personal data to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal data. 
    • Registration information: When you register to our Site you will be asked to provide us with certain details such as: full name; e-mail or physical address, and other information.

    How do we receive information about you?

    We receive your Personal Information from various sources:
    • When you voluntarily provide us with your personal details in order to register on our Site.
    • When you use or access our Site in connection with your use of our services.
    • From third party providers, services, and public registers (for example, traffic analytics vendors).

      How is the information used? With whom do we share the information?

      We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy. We may use the information for the following:
      • Communicating with you – sending you notices regarding our services, providing you with technical information and responding to any customer service issue you may have;
      • To communicate with you and to keep you informed of our latest updates and services as well as invite you to our events;
      • To conduct business with you/the business you represent
      • To serve you advertisements when you use our Site; 
      • To market our websites and products; 
      • For conducting statistical and analytical purposes, intended to improve the Site;
      • To meet current or future legal and regulatory obligations;
      • To protect our rights, including initiating and defending claims, protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
      • In case of sale, merger, reorganization, restructuring, investment or similar
      • …
      In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies, and subcontractors.
      In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our trusted third-party providers, who may be in different jurisdictions across the world, for any of the following purposes: 
      • Hosting and operating our Site;
      • Providing you with our services, including providing a personalized display of our Site;
      • Storing and processing such information on our behalf; 
      • Serving you with advertisements and assist us in evaluating the success of our advertising campaigns and help us retarget any of our users;
      • Providing you with marketing offers and promotional materials related to our Site and services; 
      • Performing research, technical diagnostics or analytics;
      We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.

      Cookies

      We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services. A "cookie" is a small piece of information that a website assigns to your device while you are viewing a website. Cookies are very helpful and can be used for various purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services. The Site uses the following types of cookies:
      • 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed; 
      • 'persistent cookies' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in; 
      • 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.
      Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly, and your online experience may be limited.

      We use a tool which is based on the Snowplow Analytics technology (https://snowplow.io/) to collect information about your use of the Site. The tool collects information such as how often users access the Site, what pages they visit when they do so, etc. the tool does not collect any Personal Information and is only used by our Site hosting and operating service provider to improve their Site and services.

      Use of script libraries (Google Web Fonts)

      In order to present our contents correctly and graphically appealing across all browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts ) on this website. Google Web Fonts are transferred to your browser's cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font. 
      • Calling script libraries or font libraries automatically triggers a connection to the library operator. In theory, it is possible - but currently also unclear whether and, if so, for what purposes - that operators of corresponding libraries collect data.
      • The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy .

      Third party collection of information

      Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or site throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to. 

      This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy. 

      How do we safeguard your information?

      We take great care in implementing and maintaining the security of the Site and your information. We employ industry standard procedures and policies to ensure the safety of the information we collect and retain, and prevent unauthorized use of any such information, and we require any third party to comply with similar security requirements, in accordance with this Privacy Policy. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Site, and we make no warranty, express, implied, or otherwise, that we will prevent such access.

      Transfer of data outside the EEA / Notice regarding data transfers to the USA (United States of America)

      Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection or enter into legal agreements ensuring an adequate level of data protection.

      For the sake of completeness, we would like to point out that US authorities have surveillance measures in place for users based in Switzerland, which generally allow the storage of all personal data from Switzerland - which has been transmitted to the USA.
      This is done without differentiation, limitation or exception based on the objectives pursued and without an objective criterion that allows the US authorities to access the data and their subsequent use to be limited to very specific, strictly limited purposes associated with access to justify this data as well as interventions associated with its use. In addition, we would like to point out that there are no legal remedies in the USA for data subjects from Switzerland that would allow access to the data concerning you and to obtain their correction or deletion, resp. there is no effective legal protection against general access rights by US authorities. We explicitly draw the data subject's attention to this legal and factual situation in order to make an appropriately informed decision to consent to the use of his data.

      We would like to point out to users residing in a member state of the EU that the USA does not have an adequate level of data protection from the point of view of the European Union.

      Advertisements

      We may use a third-party advertising technology to serve advertisements when you access the Site. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser). 

      You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: http://optout.networkadvertising.org/#!/ and http://optout.aboutads.info/#!/.

      Marketing

      We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third-party subcontractors for the purpose of providing you with promotional materials, concerning our services, which we believe may interest you. Out of respect to your right to privacy we provide you with such marketing materials with means to decline receiving further marketing offers from us. If you unsubscribe, we will remove your email address or telephone number from our marketing distribution lists. Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.

      Corporate transaction

      We may share information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, the transferee or acquiring company will assume the rights and obligations as described in this Privacy Policy.

      Minors

      We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at info@shilohadvisors.com . 

      Updates or amendments to this Privacy Policy

      We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

      How to contact us

      If you have any general questions about the Site or the information, we collect about you and how we use it, you can contact us at 

      Shiloh Advisors AG
      Baarerstrasse 4
      6300 Zug
      Switzerland

      Tel: +49-162-2648700
      Email: info@shilohadvisors.com 
      Last Modified on January 1, 2023.
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