Legal Notice / Privacy Statement

The provisions of this legal notice (‘Legal Notice’) apply to the entire contents of this website under the domain name www.bertarelli-foundation.org (the ‘Website’). Please read the following terms carefully before using this Website. By using this Website you acknowledge and accept these terms and conditions. If you do not accept these terms and conditions, do not use this Website.

  1. Introduction
    1. This Legal Notice is issued by The Bertarelli Foundation.
    2. By accessing any part of this Website, you shall be deemed to have acknowledged and accepted this Legal Notice in full. If you do not acknowledge and accept this Legal Notice in full, you must leave this Website immediately and not use any information contained in it for any purpose.
    3. The Bertarelli Foundation may revise any provision or the whole of this Legal Notice at any time by updating this posting and without further notice to you. Your continued use of this Website shall signify your agreement with and understanding of any revisions. You should check this Website from time to time to review the then current Legal Notice as its provisions are binding on you. Certain provisions of this Legal Notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
  2.  License
    1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by The Bertarelli Foundation, its affiliates and/or its licensors. Nothing in this Website is designed to grant any license or right to use any image, trademark or logo. For the purposes of this Legal Notice, any use of extracts from this Website other than in accordance with paragraph 2.2 below for any purpose is prohibited. If you breach any of the terms in this Legal Notice, your permission to use this Website automatically terminates and you agree to immediately destroy any downloaded or printed extracts from this Website.
    2. You are permitted to print and download extracts from this Website for your own personal and non-commercial use on the following basis:
      1. no documents or related graphics on this Website are modified in any way;
      2. no graphics on this Website are used separately from accompanying text; and
      3. all copyright and trade mark notices and this permission notice appear in all copies.
    3. Subject to paragraph 2.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without The Bertarelli Foundation’s prior written permission.
    4. You may link to the home page of this Website as long as the link does not cast The Bertarelli Foundation or any of its affiliates in a false or misleading light or suggest or imply that you own or are the author of content on the Website or that you have any kind of relationship with The Bertarelli Foundation or any of its affiliates.
    5. Any rights not expressly granted in this Legal Notice are reserved.
  3. Service access
    1. Neither The Bertarelli Foundation nor any of its affiliates shall be liable if for any reason all or any portion of this Website is unavailable or malfunctions at any time or for any period.
    2. Access to this Website may be suspended without notice in the case of system failure, maintenance or repair or at any other time in The Bertarelli Foundation or any of its affiliates’ absolute discretion.
  4. Visitor material and conduct
    1. You are prohibited from posting or transmitting to or from this Website any material:
      1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
      2. for which you have not obtained all necessary licences and/or approvals; or
      3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
      4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    2. You may not use the Website in any manner or for any purpose except as expressly provided herein (including, without limitation, by hacking or any conduct that would violate any applicable law, regulation or statute).
    3. The Bertarelli Foundation shall fully co-operate with any law enforcement authorities or court order requesting or directing The Bertarelli Foundation to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or 4.3.
  5. Links to other websites
    1. Any links to third party websites (including, without limitation, websites of any of The Bertarelli Foundation’s affiliates) on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Bertarelli Foundation has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Bertarelli Foundation therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
  6. Submissions
    1. The Bertarelli Foundation and its affiliates generally do not accept unsolicited requests, proposals, business plans, applications, ideas, suggestions or other materials (collectively, ‘submissions’).
    2. In the event that any submissions are submitted or offered to us, using the site or otherwise, such submissions (i) will not be treated as confidential and (ii) will become and remain The Bertarelli Foundation’s sole property, unless otherwise agreed in writing and duly signed by Kedge Capital or any of its affiliates.
    3. The Bertarelli Foundation and its affiliates will have the right to freely use, disclose, modify, copy, reproduce, publish, transmit, display, sublicense, translate, create derivative works from and distribute any submissions in any medium and via any distribution, transmission or display method for any purpose whatsoever, commercial or otherwise. Neither The Bertarelli Foundation nor any of its affiliates will owe you or any person compensation for any submissions. Whether The Bertarelli Foundation or its affiliates will use any submissions is entirely at their sole discretion.
  7. Privacy Statement
    1. This Privacy Statement explains how The Bertarelli Foundation (The Foundation) and its affiliates process the personal data of individuals with whom we interact, including but not limited to visitors to our websites.
    2. What personal information do we collect when you visit our website?
      1. The Foundation collects and securely stores the personal information that you provide such as name, address, telephone number, e-mail address, and date of birth (where appropriate) in order to satisfy your expectations and requirements as you use the Website, e.g. by communicating with us or registering your details for our events, research, communities and symposiums.
      2. We collect the information only in connection with specific activities, like registering for events, email newsletter subscriptions, and whether you have applied for any or are in receipt of grants from us.
      3. When you visit the Website, we may collect technical information such as your IP address, details of the pages you visit on the Website, and which browser you used to view our website with.  The Website collects standard internet log and technical data to measure and improve the effectiveness, to help diagnose problems with our server, to administer the Website, to see where website traffic is coming from, and to remember your preferences.  We do not sell or share your IP address with other third parties and do not allow them to track you across different sites.
    3. How is your personal data collected when you visit our website?
      1. Personal data may from time to time, be collected about you from direct interactions with you, including by you filling in our “contact us” forms and any email or other correspondence you send us.  This includes personal information you provide when you request information to be sent to you.
    4.  Cookies
      1. Like many websites, we may automatically collect information using “cookies”. Cookies are small data files stored on your computer’s hard drive by a website. Among other things, cookies make the website work, and help us improve our website and your experience. We use cookies to see which areas and features are popular, and to count visits to the Website.  The Foundation does not permit third party cookies.
      2. Please see our separate cookie statement for further information.
    5. Use of information we collect via the website
      1. We use your name and email address to assist you in any questions you have.  By providing your name and email address, you are consenting to us using this information for the specific reason you contacted us.
      2. If you would like to register for one of our events, we will need the details we outline in our registration forms.  By registering for our events, you are also giving us consent to send you our newsletters and other communication used to keep you updated on our work and opportunities you might be interested in participating in.
      3. Registered users can unsubscribe to our communications at any time, and you can always review and amend the personal data held by the Foundation. If we wish to use your name and email address for any other purpose which does require your consent, we will contact you to request this.
      4. We use your Internet Protocol (IP) address collected through the Website for purposes described in this Privacy Statement. For example, we may use your information to operate and improve our Website or our products or services;
      5. Our legal basis for collecting and using the personal information described above will depend on the context. We have a legitimate interest to use the personal information you provide such as whether you want to attend our events or apply for grants, and is not overridden by your data protection interests or fundamental rights and freedoms (since the information processed is minimal).
      6. In order to access the Website, the IP address you provided is processed by us in our legitimate interests (of operating a clear, user-friendly website).  The provision of your IP address to access the Website can be adjusted using your standard cookie tracking tools and by turning these off, we will no longer track you, however, any of your preferences (such as language) will need to be re-set every time you enter the site. You can find out more about cookies by following this link: https://cookiesandyou.com/
    6. Sharing of personal information
      1. Your personal data will be processed by our affiliates and contractors, (including their agents, employees, delegates or their sub-contractors) who help us undertake our philanthropic activities for the following purposes:
        1. To send you any information you have requested, which may include information and updates for our events, newsletters containing information about our activities, or invitations to events or conferences;
        2. To comply with legal and regulatory requirements;
        3. To scan emails sent to us (including attachments) for viruses
      2. Our website servers are based at our headquarters in Geneva, Switzerland.  We may from time to time disclose your IP address to our third party website support partners, also located in Switzerland, to help with the maintenance and diagnostics of any technical issues we may experience with the Website.
      3. Any personal information sent outside of the European Economic Area is protected by stringent contractual clauses.  The European Commission has decided that Switzerland has been approved as having an adequate level of protection for personal data. Please use our contact form to let us know if you would like more information on how we handle your personal information.
    7. Storage of your personal information
      1. We will only retain personal data you have provided to us for as long as necessary to fulfil the purpose we collected it for, including for the purpose of satisfying any legal, accounting, or reporting requirements.
      2. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purpose for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.
      3. We generally keep IP address information for approximately 12 months from the date on which you last use the Website, after which this information will be permanently and securely deleted from both the Website and any records maintained by our third party support partners.
    8. EU Representative Data Controller
      1. This notice is issued by The Bertarelli Foundation.  Our EU representative is Waypoint Corporate Services Ltd, which is registered in the UK and our registered address is at 1 Curzon Street, London, W1J 5HD.  Our company registration number is 07844727. Our ICO data protection registration number is ZA046231.  If you have any questions you would like to ask The Foundation’s EU representative, please contact DPPC@waypointcapital.net
    9. Your Rights
      1. You have the right to request access to the personal information that you have submitted to us as well as to view, modify or delete it, and to object to processing, restrict processing or request portability, as well as to withdraw consent to us sending you any further communications by simply sending an email to DPPC@waypointcapital.net
      2. You have the right to complain to a data protection authority about our collection and use of your personal information.For more information, please contact the UK Information Commissioner’s Office, or by searching their website at https://ico.org.uk you can use the ICO data protection registration number listed above.
    10. Changes to this privacy statement
      1. This statement is subject to the occasional revision, and if we make any substantial changes to the way we collect information via the Website, we will prominently post a notice of the change on the Website’s home page.
    11. Questions
      1. If you have any questions about this privacy statement please contact us atDPPC@waypointcapital.net.
  8. Cookie policy
    1. This policy explains how our website uses cookies.  Cookies are small data files stored on your computer’s hard drive by a website. Among other things, cookies make the website work, and help us improve our website and your experience. We use cookies to see which areas and features are popular, and to count visits to the Website.  Like many websites, we may automatically collect information using “cookies”.
    2. Cookies in themselves do not identify you, just the computer or device you are using through your Internet Protocol address (IP address).
    3. We may use the following types of cookies:
      1. “Session based” cookie. This is essential for parts of the website to operate and has already been set. It is used to maintain the state of a user’s actions so as not to constantly request the same information from them within a “session”.
      2. “Essential” cookie. This is essential for parts of the website to operate – for example, it lets us know that you have clicked on a link to a new page and that we should now serve that new page to you.
      3. “Analytics” cookie. This is used to collect information about how you use our site, such as where you have come to the site from and which website pages you have visited. We use the information to help us improve the website.
    4. We do not collect other information, such as website usage activity and preferences (also known as demographic or profile data) via the Website, and do not have Advertising cookies.
    5. With most Internet browsers, you can erase or block cookies or ask to receive a warning before a cookie is stored. The “Help” function within your browser should tell you how. Alternatively, you may wish to visit www.youronlinechoices.eu which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies.
    6. Restricting cookies will not have an impact on the functionality of our website, but it will not remember any preferences (such as language) that you have chosen, and you will have to change the settings each time you visit our site.
  9. Past Performance
    1. Past performance is no indication of future performance and nothing on this Website should be interpreted to state or imply otherwise. The value of investments may fall as well as rise and investors may not get back the full amount invested.
  10. Disclaimer
    1. The information contained in this Website is provided for the purposes of general information only and under no circumstances should any information contained in this Website be used or considered as an offer to sell or solicitation of any offer to buy an interest in any investment made by or any investment fund managed by The Bertarelli Foundation or any of its affiliates. In addition, the contents of this Website should not be construed as to provide tax, legal or investment advice. Neither The Bertarelli Foundation nor any of its affiliates accept any responsibility or liability for any loss which may result from reliance on any of the information or opinions contained in or accessed through this Website.
    2. Whilst The Bertarelli Foundation uses commercially reasonable efforts to post information on this Website that is correct, The Bertarelli Foundation does not warrant the accuracy or completeness of the material on this Website. The Bertarelli Foundation may make changes to the material on this Website at any time without notice. The material on this Website may contain typographical or other errors or may be out of date. The Bertarelli Foundation makes no commitment to update such material.
    3. THE MATERIAL ON THIS WEBSITE IS PROVIDED “AS IS”, WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BERTARELLI FOUNDATION PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT THE BERTARELLI FOUNDATION AND ITS AFFILIATES EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT IN RELATION TO THIS WEBSITE.
  11.  Liability
    1. THE BERTARELLI FOUNDATION, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE) AND EACH OF THE BERTARELLI FOUNDATION’S AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE
    2. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT ANY PERSON’S LIABILITY FOR:
      1. EATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY APPLICABLE LAWS);
      2. FRAUD OR FRAUDULENT STATEMENTS; OR
      3. ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    3. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS OF ANY SERVICING, REPAIR OR CORRECTION.
  12. Indemnity
    1. You agree to indemnify and keep indemnified and covenant to hold harmless The Bertarelli Foundation and its affiliates against any cost, loss, liability, including present and future damages, claim or expense (including legal and other professional fees) incurred by The Bertarelli Foundation or any of its affiliates in connection with or arising out of: (i) your use of this Website; (ii) your breach of any terms or conditions contained in this Legal Notice or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights.
  13. Governing law and jurisdiction
    1. This Legal Notice and your use of the Website shall be governed and construed in accordance with the laws of Jersey. Disputes arising in connection with any provision of this Legal Notice or your use of the Website shall be subject to the exclusive jurisdiction of the Royal Court of Jersey.