1. Introduction

1. Welcome to our Terms and Conditions for ETFmatic users (“Terms”). They are important so please read them carefully and ensure that you properly understand them prior to using our Services. If you have any questions please contact us for further information. You can email us at client@finax.eu or contact us by post or telephone using the details on our Website. References to “us”, “we” and “our” mean Finax, o.c.p., a.s. (“Finax”) and any of its holding companies, subsidiary companies and all the subsidiary
   companies of such holding companies. The terms “client”, “you” and “your” mean the person or company having an account with us and, where applicable, their duly authorised representatives, legal representatives and successors.
2. These Terms together with (i) the information you provide to us in writing via our Website, Applications or otherwise, including information regarding your financial circumstances, financial knowledge and investment experience, attitude to risk and investment objectives (“Account”), (ii) our
   Security Policy, (iii) our Cookie Policy and (iv) our Privacy Policy constitute the investment management agreement (“Agreement”) which governs Finax’s provision of investment services (“Services”) to you.
3. Finax is a brokerage company incorporated as a joint stock company (“o.c.p., a.s.”) under the laws of Slovakia, having its registered office at Bajkalská 19B, Bratislava, 82101 Slovakia, Company ID No. 51 306 727, registered in the Companies Register of the Municipal Court in Bratislava III, section Sa.

2. Commencement

1. This Agreement will become legally binding and we will start providing the Services to you as soon as you have passed our know your customer (“KYC”) and anti-money laundering (“AML”) checks. We’re obligated to run these checks by law.
2. For reasons beyond our control (e.g. your bank, location, method of payment etc.) it may take a few days for your money to reach us. So don’t worry if there’s a delay! We’ll confirm receipt of your money via email and via an in-app notification.
3. We do not provide advice. We will use our discretion to make investments on your behalf by acting on the information you have provided or will provide to us from time to time.
4. By entering this Agreement you acknowledge that there are risks associated with investing, and that you accept those risks. Below we have listed some of the most common risks associated with our proposition. This is not a comprehensive list of all the risks to which investors might be exposed – there may be others that exist now, or which may arise in future.
   1. Past performance is not an indicator of future performance;
   2. The value of investments may go down as well as up;
   3. You are not certain to make a profit;
   4. You may make a loss;
   5. You may lose your entire investment;
   6. The price or value of investments may fluctuate significantly; and
   7. Any income distributions may fluctuate significantly.

3. Eligibility

1. We offer our Services to residents in the European Economic Area (“EEA”), provided they are not also tax residents in the United States of America.
2. To open an Account with us, you must be a natural person over 18 and a named holder of a bank account (“Bank Account”).

4. Our Services

1. Under these Terms, we will provide you with some or all of the following services:
   1. Discretionary portfolio management;
   2. Safe custody of your assets;
   3. Trade execution.
2.  In conjunction with additional terms and conditions we may provide you with the Portfolio Gliding.

5. Discretionary Portfolio Management

1. We will manage your portfolio(s) (“Goal(s)”) in accordance with the instructions you provide us with so long as they are clear, reasonable and consistent with any applicable laws. Where we can act on your instructions we will do so promptly and with reasonable care and skill. We have the right to treat any information that you provide us with as accurate and complete. You may change your information at any time by updating the settings in your Account or by contacting us directly.
2. You authorise us to enter into any type of arrangement or transaction on your behalf and to invest any amount or any proportion of your Goal in any one investment or investment type, and we may do so in any currency and on any market. We reserve the right to exercise our discretion when deciding on or altering your asset allocation and/or instrument selection, and you acknowledge that we may make common investment decisions, which apply to a number of client Goals, including yours.
3. When you have more than one active Goal with us and you send us money without informing us of which Goal you would like to fund, we shall select one for you and allocate the funds accordingly.

6. Trade Execution

1. The base currency of your Goal will be:
   1. GBP if you choose to operate your portfolio in GBP;
   2. EUR if you choose to operate your portfolio in EUR; and/or
   3. USD if you choose to operate your portfolio in USD.
2. We invest primarily in Exchange Traded Products (“ETPs”) such as Exchange Traded Funds (“ETFs”),
   Exchange Traded Notes (“ETNs”) Equities and Bonds.
3. We will invest in ETPs that have the same base currency as the currency you have selected for your Goal (i.e. GBP, EUR or USD). However, it is important to note that although the instruments’ base currency will match the currency you have selected for your Goal, the underlying securities held by the ETP could be in any region, country or currency.

7. Personal Information

1. For the purposes of the General Data Protection Regulation, (Regulation (EU) 2016/679) (“GDPR”),
   the data controller is Finax. We are committed to protecting and respecting your privacy. For a detailed view of our practices and how we achieve compliance with data protection laws and regulations please read our privacy policy (available on our Website) applying at the relevant time
   when your information is being collected (“Privacy Policy”) and which is incorporated into this Agreement by reference.
2. Consistent with Anti-Money Laundering Regulations and to provide you with services, we collect, use, share and store certain information about you including personal information. We may use this information in order to carry out electronic searches on private and public databases. We will keep
   records of any information we obtain. We may use credit reference agencies which will record that we have made an enquiry about you. Such credit reference agencies may record, use and share any information we give them about you with other financial institutions, organisations and fraud prevention agencies, as the case may be. By entering into this Agreement, you agree to our use of credit reference agencies.
3. We make every effort to protect the privacy of your personal information. Other than as set out elsewhere in this Agreement or required under any law, rule or regulation and in accordance with our Privacy Policy, we will not disclose, sell or transfer your personal information to any third party.
4. You authorise us to use your personal information to provide our services to you in accordance with our Privacy Policy. We will record your personal information in a form that permits your identification for ten (10) years and, in certain cases (for example, regulatory requirements), we may store your personal data for a longer period. We will not store your personal data for longer than is required by law. Your personal information may be processed by or transferred or disclosed to and/or by us, our suppliers, subcontractors and third parties (such as to Stock Exchanges, your
   financial advisor (if any) or regulators).
5. In some instances, we may require you to provide us with additional information and/or documents. You agree to provide us with such information and/or documents within a reasonable period of time. You
   agree that, if you do not provide us with the information/documents that we request from you, we may suspend your Account or take any other action against you in respect of your Account as necessary for us to further our legitimate business purpose or comply with any relevant law, rule or regulation.
6. We only use cookies in accordance with our Use of Cookies policy, which is incorporated into this Agreement by reference.
7. We may transfer your personal information outside of the European Economic Area (“EEA”) only in accordance with our Privacy Policy.
8. We may use your personal information to provide you with an improved user experience and/or further information and/or marketing materials. You have the right to ask us not to process your personal data for marketing purposes and you may exercise this right at any time by amending your
   preferences in your Account via the Website or Applications or by notifying us directly.
9. You can request copies of your personal information that we hold or that are held by any of the service provider we work with by communicating with us directly. We may charge a fee for providing you with this information, as permitted by the relevant jurisdiction’s law and regulation. Our current fee is published in the section Fees and Charges of this Agreement.
10. You agree to ensure that the personal information we hold on you is up to date and accurate. For further details in respect of our reasons and procedures for collecting, using, sharing and storing your personal information, please review our Privacy Policy.

8. ‘Retail Client’ Status

1. We will provide our services on the basis that you are a Retail Client as defined in the Directive 2014/65/EU on markets in financial instruments (“MiFID II”). This means that you are entitled to the protections provided for Retail Clients under the MiFID II rules and under relevant national legislation. If you would like further information on the nature of these protections, please contact us.

9. Communication

1. We may communicate with you from time to time including by telephone, email, app notification or by “text” / SMS message. All communications between you and us will be in the English language.
2. We may act on any communication that we believe to be from you without first acknowledging receipt nor carrying out any verification processes. We will not be liable for acting on a disingenuous or fraudulent request. We will not be liable for any loss arising from any error of transmission or misunderstanding, or from the fraud of any other party unless caused by our negligence, wilful default or fraud.
3. You will be solely liable for any and all losses arising from unauthorised transactions where:
   1. You have with intent or gross negligence compromised the security of your Account or failed to comply with your obligations to use your Account in a way prescribed by this Agreement; or
   2. You fail to notify us about an unauthorised or incorrect transaction within twelve (12) months of the date of that transaction.
4. We may record and monitor our telephone conversations with you. We will store recordings for at least the period required by law and not for longer than is necessary with regards to the purposes for which they are being processed in accordance with our Privacy Policy.
5. We cannot guarantee that electronic communications to you from us will be successfully delivered, or that they will be secure, uncorrupted, untampered and virus free. We will not be liable, in circumstances beyond our reasonable control, for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, not delivered, delayed, intercepted, corrupted or otherwise altered.
6. You may request a copy of any legally required disclosures (including this Agreement) from us. Following request, we will provide it to you in a form which allows for storage and reproducing of the information (including by email).
7. You may request that we stop sending you notifications. However if you request that we stop sending you any of the notifications that we deem necessary for the provision of our services to you, we reserve the right to terminate this Agreement and with it your Account. You may amend your preferences in respect of which electronic communications you want to receive at any time by logging in to your
   Account and using the tool available for this purpose.
   1. We will send all notices, information and other correspondence to you by email at the email address you have provided in your Account (and such other email address as you may designate
      from time to time) or by sending you a “text” / SMS message. You must have internet access and an active email account to receive communications and information (including notices)
      relating to your Account. With the exception of amendments to this Agreement, any notice will be considered to have been received by you twenty-four (24) hours after the time at which it
      is posted on our Website, emailed or texted to you. In the event that any notice, information or other correspondence is sent to you by post, the letter will be sent to the current postal address which you have recorded in your Account and will be deemed to be delivered:
      1. For Belgian residents, on the second business day after posting; or
      2. For residents of any other country, on the fifth business day after posting.

10. Account Security

1. We take security seriously, and we advise that you do too. Among other things, you are responsible for:
   1. Frequently changing your password;
   2. Notifying us immediately should you have reason to suspect that your Account is being accessed without your permission and/or that a transaction is incorrect;
   3. Ensuring that you follow sound online practices for creating and/or storing your passwords;
   4. Enabling 2­-step authentication for accessing your Account;
   5. Notifying us immediately should you suspect an email address that you have provided us with has become compromised; and,
   6. Taking all reasonable steps to ensure that no one accesses your account without permission.

11. Third Parties

1. You may request that third parties be permitted to access your Account to provide services to you, including account information services (“AIS”) and/or payment initiation services (“PIS”). You acknowledge that should you do so, we may disclose certain information about your Account to it. We are not responsible for any third party’s use of your Account, or any information that we share with it. Giving permission to a third party does not relieve you of your responsibilities under this Agreement.
2. We may refuse a third-party’s access to your Account if we have reason to suspect it is not acting in your best interests.
3. We will notify you if:
   1. We have reasons to believe that the security of your Account has become compromised;
   2. We have reasonable concerns or suspicions about a third party’s access to your account;
   3. We refuse access to one, some or all of the third parties who you have requested access for.
4. We reserve the right to perform any of our obligations to you through the agency of an associate or any third party of our choosing. We will take all reasonable steps to ensure that any third party that we appoint to provide a service to you is competent.

12. Notices

1. Providing notice to us in respect of this Agreement must be made by email or by post using the details on our Website.

13. Client Money

1. We will take reasonable steps to identify a bank with a competitive interest rate (determined by that bank) and deposit any of your uninvested money with that bank (the “Deposit Bank”), together with other clients’ money. You acknowledge that we also may decide to deposit the client money on our Finax accounts and act as the Deposit Bank. We will exercise due skill, care and diligence and review periodically the adequacy and appropriateness of the Deposit Bank or any other bank/credit institution where your money is deposited and of our arrangements with it. We will not be responsible for any acts, omissions or default of a bank/credit institution chosen other than for exercising care in its choice and/or monitoring.
2. You accept that your money may get deposited in an account with our other clients’ money and, if so, you will not have a claim for a specific sum in a specific account. In such an event, given that your claim would be against the pool, if there is a shortfall, you would share pro rata in that loss.
3. We will inform you from time to time of the amount credited to your Account (determined by the Deposit Bank and us). No interest will accrue on your Account and you accept that we are not under any obligation to pay interest on any amount credited to your Account.
4. We reserve the right to pay away your client money balance to a registered charity of our choice if the balance is of 25 EUR/GBP/USD or less, those balances remain unclaimed at least six years following the last movement on your account and we have taken reasonable steps to trace you and you have not responded to such communication within 28 days of the communication having been made. As a result the released balance will cease to be client money.
5. We are under no obligation to tell you before terminating our relationship with the Deposit Bank and appointing a replacement.

14. Compensation Scheme

1. Finax is a member of the Slovak Investment Guarantee Fund.
2. All sums held in accounts with Finax, savings certificates and financial instruments are respectively protected under deposit guarantee and investor compensation schemes:
   1. Your assets are covered by the Investment Guarantee Fund up to EUR 50.000 (both cash and financial instruments).
3. For more information, please consult: https://www.garancnyfond.sk/investment-guarantee-fund.

15. Client Assets

1. Client Assets are segregated in special bank or custody accounts, which are designated for the exclusive benefit of our clients. By properly segregating the client’s assets, if no money or stock is borrowed and no futures positions are held, the client’s assets are available to be returned to
   the client in the event of the company’s default. Finax reserves the right to decide whether it will carry out an asset transfer, or whether it will liquidate the client’s portfolio and return cash. For the removal of doubt, should Finax decide to return cash it will not assume any of the client’s tax
   liabilities.

16. Your Investment Profile

1. You will provide us with information about yourself, your attitude to risk, your goals and your attitude to savings and investments by answering a series of questions on our Website or Applications. You must update such information as necessary.

17. Investment Thresholds

1. We require a minimum Account value of £1,000 / €1,000 / $1,000. If you subsequently withdraw money to bring the value of your Account below that minimum investment, we reserve the right to sell your assets and to hold your investment as cash, or to return the proceeds to you. For the removal of doubt, one may have several portfolios with values less than £1,000 / €1,000 / $1,000 provided that in aggregate they are valued at more than £1,000 / €1,000 / $1,000.

18. Reports

1. We will provide you with:
   1. Transaction statements following each transaction;
   2. Account statements detailing your holdings on a periodic basis;
   3. Annual statements (position, summary of dividends, transactions);
   4. Invoices with details of the fees charged.

19. Withdrawal Requests

1. When you make a Withdrawal Request, we may limit the destination Bank Account to the Bank Account that you used to fund your Account.
2. In exceptional circumstances, we may not be able to sell all the assets required to satisfy your Withdrawal Request in full (for example, where the order book for a particular ETF is below the minimum size required for execution on exchanges). When this happens, we will use our best efforts to sell the rest of the assets up to the Withdrawal Request during our subsequent trading sessions. We may have to make one or more transfers to your Bank Account in respect of the same Withdrawal Request.
3. The money will be transferred in the currency of your Goal/Portfolio and, where that currency differs from the currency of your Bank Account, you accept responsibility for any foreign exchange (“FX”) fees and other fees associated with the transaction, which means that you may receive less money than you expected. It may take up to fourteen (14) business days for the money you have requested to arrive in your account.

20. Pooling

1. We may pool (also known as aggregating) your transactions with those of other clients. We will only do so where we believe that it is unlikely to disadvantage your overall net position.

21. Fees and Charges

1. All fees stated herein include VAT. Unless explicitly stated otherwise, you may be charged:
   1. Our management fee
      1. Our standard management fee is equal to 0.48% and for adaptive portfolios is equal to 0.75% of your assets under management (AUM) per year calculated on a daily basis. Our management fee covers any other fees associated
         with:
         1. Trading
         2. Custody:
         3. Portfolio management
         4. Reporting
   2. The ETF issuers’ management fees (collectively known as the Total Expense Ratio or
      “TER.”):
      1. Your TER is charged in addition to our management fee and varies depending on your asset allocation.
   3. For requesting reports:
      1. Transmitted electronically are free of charge.
      2. Where requested in paper format, we will charge £20 / 20€ / $20 per report.
   4. Transfer fees
      1. Within the European Economic Area NIL (0%)*
      2. For transfers to accounts outside of the European Economic Area we will charge £25 / 25€ / $25*
2. We may change these rates from time to time and will notify you of any such changes by publication on our Website and by email at least fourteen (14) calendar days prior to making the change.
3. We may deduct any amounts payable by you to us from your Account. If the available funds are insufficient, we may sell assets held as part of your Account to cover such charges. We may pay (or receive from third parties), fees in relation to referrals of business. We may receive payment from or share charges with a third party. If you require a service from us which is not listed in the section Fees and Charges of this Agreement, you should first enquire about the charge before instructing us to carry out the service.

22. Cash Deposits

1. All cash you deposit with us will be held in segregated accounts with Finax or an approved bank (the “Custodian”) and may include the deposits of more than one client but without being mixed with our assets or the assets of the Custodian.
2. Income earned on the investments held in your Portfolio will be remitted to your Portfolio and may be reinvested. We will not pay or credit interest to you where we hold cash in your Account.
3. The Custodian may, at times, receive dividends, interest and other rights or payments in respect of the investments you hold and may, when required: (i) withhold or deduct tax or other amounts from such payments and (ii) deduct any costs incurred by it when complying with these obligations, from
   your Account. It will be your sole responsibility to reclaim any such withholdings or deductions where you are eligible to do so.
4. We are under no obligation to tell you before terminating our relationship with the Custodian and appointing a replacement.

23. Conflicts of Interest

1. We, or anyone connected with us, may carry out certain transactions for you where we, or another client of ours, have a duty that may conflict with our duty to you. We have developed protocols to manage conflicts of interest that enable us to act without bias or damage to your interests. Our employees are provided with training about the protocols and the standards of conduct to which they must adhere. Our management is responsible for ensuring the protocols are adhered to and to deal with any conflict that may arise. We will inform you if we reasonably believe that we cannot adequately manage a conflict.
2. We are committed to taking measures to recognise, supervise, examine and resolve conflicts of interest. We recognise that it is not possible to eliminate all sources of conflict of interest; however, safeguarding clients’ welfare remains our primary objective.
3. Examples of conflicts of interest include:
   1. Where we have a direct or indirect financial interest in a commercial undertaking you are
      connected to;
   2. Where we have a personal association or relationship with those affected, or likely to be
      affected, by the information or issue in question;
   3. Where we have an expectation of a future interest (eg, future employment);
   4. Where we have a previous association with a person affected or likely to be affected by
      the information or issue in question;
   5. Where we have an interest arising from a common interest group, such as a trade association or
      other public or private society;
   6. Where we accept gifts and/or hospitality or entertainment; and
   7. Where we have a close personal relationship with someone who has an interest as described above.
4. We maintain a log of conflicts that arise and note in it how each conflict was monitored and how a solution was developed and applied to resolve the problem and to prevent the client’s interests being affected. The effectiveness of our protocols is assessed by internal audit staff members who execute their duties in a wholly independent capacity.
5. Where our functions could create an internal conflict we separate the duties appropriately. The operations functions are maintained and conducted separately from the front office functions and an appropriate level of qualification, expertise and supervision is applied.
6. Staff remuneration is by means of a basic salary which is not linked to the underlying performance of the company. A remuneration committee agrees and monitors awards to achieve consistency and equitability and does not lead to conditions that may foster conflict.

24. Liability

1. We accept responsibility for any loss, damages or costs suffered or incurred by you only to the extent that such loss arises directly from our gross negligence, wilful default, fraud, and/or our deliberate and wilful breach of any duties which we owe you under the MiFID II rules of conduct as applied in Belgium . We will not be liable for any other losses, damages or costs suffered or incurred by you.
2. We will take reasonable care in the assessment and appointment of sub-custodians, bankers, counterparties, agents and other third parties. We accept responsibility for any loss, damages or costs incurred by you only where they arise directly from our negligence, wilful default or fraud in
   the assessment or appointment of such persons. We will not be responsible for the actions of any third parties. We do not accept responsibility for any loss, damages or costs you may incur as a
   result of any cause beyond our reasonable control.
3. Our duties to you are expressly stated in this Agreement or provided for in the MiFID II rules of conduct as applied in Belgium. We do not owe you any other duties.
4. You will indemnify us against any liability, cost, expense, loss or any damage incurred by us (including but not limited to professional advisors’ fees) arising from your breach of this Agreement, negligence, wilful default or fraud.

25. Amendments to this Agreement

1. We may amend or replace this Agreement. Should we opt to do so we will give you fourteen (14) calendar days’ notice via publication on our website, email or any other communication channels agreed upon with you from time to time. We will provide you a link to a revised version of this Agreement.
2. If we are required to amend this Agreement for reasons of (i) compliance with MiFID II rules of conduct, (ii) any other applicable law or regulation, (iii) adding new services or functionalities to your Account or (iv) any other changes which do not reduce your rights nor increase your liabilities, we may do so with immediate effect provided we inform you in advance. Any unilateral change that we make would be deemed accepted by you upon receipt of notice from us.
3. Should you not accept an amendment, you may object by closing your Account following the procedure in the section Closing Your Account. If you have not closed your Account within 14 days from the date of the notice of amendment, you will be deemed to have accepted it. If you close your Account, please note that you remain liable to us in respect of any fees, charges and other liabilities pursuant to the section Termination of this Agreement.

26. Complaints

1. Should you have any major issues with our website, applications, or services, please contact us and clearly indicate that you have a complaint. This helps us to distinguish a ‘complaint’ from a mere ‘query’. We aim to acknowledge your complaint promptly, investigate the circumstances and report the results to you.
2. In case the Broker’s statement regarding the claim in question doesn’t fully satisfy the Client’s requirements, they are free to turn to the respective supervisory authority, which is the National Bank of Slovakia, Imricha Karvaša 1, 811 07 Bratislava, Slovakia. The consumer has the right to file a proposal to begin an alternative dispute resolution to the alternative dispute resolution body: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. Details on handling complaints and on the options of out-of-court settlement are stated in the Complaint policy, published on the Broker’s website www.finax.eu/en/legislation.

27. Termination / Account Closure

1. You may close your Account and thus terminate this agreement at any time by providing 30 days written notice via email to client@finax.eu. Account closure is subject to the settlement of all outstanding transactions.
2. We may close your Account at any time at our discretion. Common reasons for closing an Account held with us include:
   1. You are in breach of any terms of this Agreement;
   2. You have not accessed your Account within the past five years;
   3. We suspect you of having ill intentions;
   4. You have not funded your account for more than one year;
   5. We have reasons to suspect that your Account was accessed without authorisation.
3. Where we decide to close your Account, we will provide you with notice of closure and where relevant, the reasons for doing so, together with the procedure to follow in order to withdraw any funds under our management. We may:
   1. Keep your Account’s personal information in our records in order to fulfil our legal obligations;
   2. Suspend, limit or deny your access to, or use of, our services, software, systems (including any networks and servers used to provide any of the services) operated by us or on our behalf
      or some or all of the services in respect of your Account;
   3. Retain your funds after closure, to the extent and until such time we may reasonably require them, in order to protect ourselves and/or a third party against risks, including but not
      limited to, claims, fines, fees, charges and any other liabilities; and/or
   4. Attempts to contact you after we have closed your Account for any reason.

1. If you are the legal representative of an incapacitated or deceased Account holder, please contact us.

28. Assignment and Transfer

1. You do not have the right to assign or otherwise transfer to any other party your rights or obligations under this Agreement.
2. We reserve the right to assign our rights and obligations under this Agreement at any time and will send you notice by email of any such assignment prior to its taking effect. This does not affect your right to terminate this Agreement under the section Termination of this Agreement.

29. Dormant Accounts

1. Your account will become “dormant” if you have not accessed it for at least five years. To protect both you and us, you will be unable to access a dormant Account. Contact us should you be unable to access your account and we shall activate it accordingly.

30. Taxes

1. We comply with the applicable EU laws and regulations on reporting and sharing of financial information for tax purposes. At the end of each tax year, we will provide you with a summary of all the taxable events on your Account, such as dividend distributions and capital gains or losses  (“Account Tax Certificate”).
2. By entering into this Agreement, you acknowledge and agree that it will be your obligation to complete and submit the appropriate tax filings in your country of tax residence.

31. Governing Language

1. This Agreement has been drafted in English. If this Agreement is translated into another language and there is a conflict or inconsistency between the English language text and the translated text, the English language text prevails.

32. Governing Law and Jurisdiction

1. This Agreement and any non-contractual obligations or claims arising out of or in connection with it are governed by Belgian law. You and we irrevocably agree that the courts of Belgium will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this
   Agreement (including non-contractual disputes or claims), without prejudice to mandatory rules of law stating otherwise.

33. Cancellation Rights

1. You have a period of fourteen (14) days, beginning on the date on which your Account is opened or the date on which you receive a copy of this Agreement, whichever is the latest, within which to cancel your Account. We will sell any investments made on your behalf but will not be responsible for any market loss that you may incur as a result.

34. Force Majeure

1. We will not be responsible for any failure in fulfilling a contractual obligation as a result of any situation, condition or event beyond our reasonable control (a “Force Majeure Event”), which may include, without limitation, an act of Parliament, an act of God, acts of terrorism, strike or riot, extreme fluctuations in the price of a security, failure of communication or electronic equipment or anything else that may reasonably impede our ability to act in line with this Agreement. We will continue to take all reasonable steps to act in your best interests when a Force Majeure Event occurs and, to the extent that we can no longer comply with the term(s) in question, we may
   suspend or alter any part or all of the Agreement.

35. Third Party Rights

1. A person who is not a party to this agreement cannot enforce or enjoy the benefit of any term of this Agreement.

36. Effective Date

1. These Investment Terms take effect from 1 April 2021, and will not apply to services provided prior to 1 April 2021. Please contact us at Our Support Desk if you require a copy of any prior version.

37. Instrument Risks

1. Some specific risks associated with investing in shares include:
   1. Dividend payment and growth is not guaranteed;
   2. Companies in which you invest are not obliged to pay dividends;
   3. Companies may go into liquidation or receivership which may result in the shares becoming worthless;
   4. Equity markets may decline in value;
   5. Corporate earnings and financial markets may be volatile;
   6. If there is no recognised market for shares, then these will be difficult to sell and accurate information about their value may be hard to obtain;
   7. Smaller company investments may be difficult to sell if there is little liquidity in the market for such shares and there may be substantial differences between the buying price and the
      selling price;
   8. Shares on overseas markets may involve different risks from EEA shares; and Investments in overseas companies depend not only on the performance of the shares but also upon foreign exchange rates which may change adversely affecting the value of the shares in your base currency.
2. Our fixed income securities (government bonds) are issued by governments, governmental bodies, quasi-governmental bodies, UK local authorities, and companies in the UK and in other countries. The main risks associated with these securities includes:
   1. There are few recognised markets in which such securities are traded because they are traded between the issuers, their brokers, and the banks and securities houses making a market in
      the securities;
   2. Capital may be lost if the issuer defaults;
   3. Capital may be eroded due to the effects of inflation; and,
   4. The value of fixed income securities may fall as well as rise.
3. Collective investment funds may be authorised by an approved regulator or unauthorised and unapproved. We will only invest your money in uthorised funds quoted on recognised leading exchanges. The main risks associated with investing in collective investment funds are:
   1. There may be no recognised market for collective investment funds as units/shares are issued and redeemed by the managers of the funds;
   2. Funds may be valued for pricing and dealing purposes either daily, weekly, fortnightly, monthly or even less frequently by the fund managers;
   3. The prices of the underlying investments of the funds will vary according to the markets on which these are listed or traded;
   4. Some authorised funds are subject to greater supervision than others; and Funds in currencies other than the Client’s currency may be affected if foreign exchange rates move in an unfavourable direction thus reducing the valuation of investments in base currency terms.
4. We may from time to time carry out certain transactions on your behalf where the price may have been influenced by measures taken to stabilise it. Stabilisation enables the market price of a security to be maintained artificially during the period throughout which new securities are being
   sold to the public. Stabilisation may affect not only the price of the new issue but also the price of other securities. The effect of stabilisation may be to keep the price of certain securities at a higher level than they would
   otherwise be during the period of stabilisation. We will endeavour not to take part in stabilisation. The fact that a new issue or a related security is being stabilised should not be taken as any indication of the level of interest from investors, nor of the price at which they are prepared to
   buy the securities. We may buy an investment denominated in a currency other than the agreed base currency of your Portfolio on your behalf. The main risks associated with this include:
   1. A movement in exchange rates may have a separate effect, favourable or unfavourable, on the gain or loss otherwise experienced on the investment;
   2. If depositing collateral denominated in one currency, you may be subject to margin calls in circumstances where the obligations are denominated in another currency (in addition to the risk of margin calls for fluctuations in relative values); and
   3. Some currencies are not freely convertible and restrictions may be placed on the conversion and/or repatriation of your funds including profits or dividends.

38. Best Execution Policy

1. We are bound by MiFID II rules to undertake transactions without disadvantaging our clients. Under MiFID II rules, we “must take sufficient steps to obtain the best possible result, taking into account price, costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order.” When trading, we provide best execution (applied equally to single bargains or aggregated/grouped orders), meaning that transactions should be on the best terms reasonably available.
2. We are a discretionary investment manager that treats all clients fairly and makes all decisions on which instruments to purchase and when to trade on behalf of our clients. We aggregate and net all client orders, trading on a consolidated basis. The steps of the process are:
   1. Our algorithm reviews each client’s goal to generate orders;
   2. All orders are executed according to the aforementioned best execution practices; and
   3. After execution and payment settlement the transactions are recorded on the client’s account and a trade confirmation is sent to the client.
3. To ensure best execution, we periodically review our procedures, trading system choices, arrangements, and any other relevant execution factors to ensure that there is sufficient liquidity in each of the instruments, and that we are able to deal on more than one market.
4. Factors to achieve best execution include, in the following priority: size and type of order, likelihood of execution, price, and any other relevant consideration. We determine the best possible result, summing the price of the financial instrument and the costs related to execution (which include all the expenses incurred and directly related to the execution of the order, i.e. execution venue fees, clearing and settlement fees, and any other fees paid to third parties involved in the execution of the order). All particular trade conditions which may restrict our ability to achieve best execution
   will be informed to the clients.
5. We transact trades in various manners, including by electronic order books, retail service providers, agency crosses, telephone and electronic algorithmic systems and, where relevant, make use of appointed representatives committed to achieving best execution for clients. We will keep a record of all previously mentioned trades. Those which do not fall into the above categories may have restricted liquidity or trade venues. We will assume best execution has been achieved with reference
   to any information provided by the market counterparty at each transaction.
6. We will execute the trade as soon as reasonably practicable unless a delay will better serve the client’s interest. Trades will be transacted in the same order as they were generated by our system unless specific trades have conditions attached which may alter the order of priority.
7. We use our discretion to determine the execution venue for a trade, which may include an exchange, multilateral trading facility (“MTF”), organised trading facility (“OTF”) or a broker. We will provide annual reports revealing the top five (5) execution venues for that year.
8. We typically trade on a biweekly basis, yet we reserve the right to change the days on which we trade or to trade less frequently if, in our discretion, we regard it as necessary or desirable to do so.

39. Fractional Investing

1. To provide you with a balanced portfolio regardless of the amount invested, our system can attribute you a proportion of an ETF. This means that where the amount invested does not allow us to construct a portfolio that is consistent with your risk appetite using whole shares, we will round down to the nearest number of whole shares and create fractional entitlements. Your portfolio will subsequently always be in line with your risk level and our rebalancing policy.
2. Where you hold fractional entitlements, the beneficial interest to them will be yours alone. As with your whole ETF shares, we will safeguard them for you as per our permissions and the MiFID II rules.

40. Additional Portfolio Gliding Terms and Conditions

1. These are additional terms (“Additional Terms”) and conditions which apply when you opt in to our Portfolio Gliding feature. Opting in grants us authority to gradually adjust the target asset allocation of your Portfolio, with an aim to decrease your exposure to risk as your
   Portfolio progresses towards its designated end date (“Gliding”).
2. When you activate Gliding for any of the Portfolios in your Account, you agree to these Additional Terms. For the avoidance of doubt, if there is any inconsistency between these Additional Terms and the Agreement, these Additional Terms shall prevail.
3. When you opt in to Gliding, you authorise us to adjust the target asset allocation of your Portfolio over time pursuant to the settings you have selected which include:
   1. The asset allocation which you want to start Gliding from (“Starting Asset Allocation”);
   2. The desired asset allocation you want to achieve at the end of the Gliding period (“Target Asset Allocation”); and
   3. The period of time over which you want Gliding to occur (“Time Horizon”); (“Additional Mandate”).
4. To opt in to Gliding, you must have an Account and at least one Portfolio open, active, and funded.
5. We reserve the right to terminate Gliding for your Account if you cease to meet any of the conditions for eligibility in the section Availability of these Additional Terms.
6. These Additional Terms will apply from the moment you opt in to Gliding by clicking the toggle bar in the edit portfolio/portfolio creation screen until the earlier of:
   1. Us fulfilling the Additional Mandate;
   2. Your opting out of Gliding by clicking the toggle bar in the edit portfolio/portfolio creation section;
   3. Your Account/Portfolio ceasing to meet the conditions for eligibility in the section Availability of these Additional Terms;
   4. Your Account/Portfolio suspension or closure, either by you or us in accordance with our Agreement.
7. When Gliding is deactivated for your Portfolio, you agree to and accept the following actions:
   1. Your Portfolio will default to a Starter Portfolio with an asset allocation which most closely matches the current asset allocation on the Gliding path at the relevant time;
   2. The asset allocation of the Starter Portfolio referred to in this clause will be static and rebalanced periodically to the relevant static weights; and
   3. You will need to review and sign off on the starter portfolio’s asset allocation to ensure that you are satisfied that it meets your requirements.
8. By opting in to Gliding, you agree to and accept that we will not be liable for any losses arising in relation to profits, taxation, fiscal affairs, or otherwise, which you may incur as a result of us gradually adjusting the target asset allocation of your Portfolio, except if such losses are caused by our gross negligence, wilful deceit, or fraud.

41. Glossary of Terms

Business Day means all days except for every Saturday, every Sunday, public holiday and days where the company seat of Finax in Slovakia is not open.

Anti-Money Laundering Regulations means the Law 297/2008 of 2nd July 2008 on the prevention of money laundering and terrorist financing.

Netting means either of: (i) consolidating the value of two or more transactions, payments or positions in order to create a single value or (ii) offsetting a position in one security or currency with another position either in the same security or another one with the object of offsetting gains in one position against losses in another. Website means our website together with our app(s) and their functionalities, as developed from time to time.

The ETFmatic investment business of Aion Bank has been acquired by robo-advisor Finax, with the official transaction taking place on January 1, 2024.

You can read a more detailed description of Finax’s story, mission, and vision for ETFmatic in this blog, which also clarifies the reasons for the takeover and outlines plans for the foreseeable future: Welcome to Finax: Everything You Need to Know | Finax.eu

Finax is a fully licensed investment firm, and is regulated by the National Bank of Slovakia. Clients’ assets are held in segregated accounts that are protected by the Investment Guarantee Fund.  For more information please refer to the official website of the Guarantee Fund: HOW THE GUARANTEE SCHEME WORKS (garancnyfond.sk)

This privacy policy explains how are your personal data processed by the controller, Finax o.c.p, a.s, and hereby provides you, as a person to whom we process personal data (hereinafter referred to as “data subject” or “client”), information pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR).

1. Identification and contact details of the controller

The controller is Finax o.c.p, a.s., a company with its registered seat at Bajkalská 19B, 82101 Bratislava, Slovakia, Business ID: 51 306 727, registered in Business Register of the Municipal Court Bratislava III, Section: Sa, Insert No. 6713/B (further referred to only as “Finax” or “controller”).

Controller contact details:

Address for correspondence: Finax, o.c.p., a.s., Bajkalská 19B, 82101 Bratislava. Email: client@finax.eu

Telefón: +421232447760

2. Data Protection Officer

The controller has entrusted with the supervision of the processing of personal data a Data Protection Officer, which you can contact in case of any questions related to the processing of your personal data by email to dpo@finax.eu or in writing on address: Tibor Šiška, Data Protection Officer, Finax, o.c.p., a.s., Bajkalská 19B, 82101 Bratislava.

3. Purpose of personal data processing

The controller processes personal data for the following purposes:

3.1  Provision of financial services to clients, signing, recording, and management of contracts including customer care (e.g., electronic communications service and client area), managerial analyses, and complaints handling in the title of the license as an investment firm as well as in connection with negotiated services related to investment services.

Legal basis: the processing of personal data is necessary under a special regulation, together with the fulfilment of the contract of which the data subject is a party or to take measures, before the conclusion of the contract, at the request of the data subject.

The source of the personal data of the data subject is the data subject. In connection with ancillary services, data were obtained with the conclusion of a contractual agreement for the provision of financial services, and additional data were obtained with the negotiation of ancillary services.

The personal data of the data subject are made available to the following recipients or categories of recipients: financial agents, the National Bank of Slovakia, bailiffs, law enforcement authorities, courts, an accounting services provider, external financial audit, information technology providers, financial institutions providing ancillary services (e.g. insurance company acting in respect of group insurance).

Provision of personal data from the data subject is in part a legal and in another part a contractual obligation.

The controller does not perform automated individual decision-making or profiling for the purpose of processing personal data.

The controller processes the following categories of the data subject’s personal data: first name, last name, personal identification number, date of birth, place of birth, phone number, email address, nationality, type, number and validity of an identification card or passport, permanent residence, address of correspondence, tax domicile, VAT ID, whether you are a resident of the USA, social security number, politically exposed person, sanctioned person, method and language of communication, bank account, signature, age, skills, experience with financial products, financial situation, risk profile, investment horizon, purpose of the investment, economic profile, AML risk category, investment strategy, ESG preferences, geolocation information, transaction information (including information on payments and contributions into a PEPP pension), facial image, audio recordings (for instance, call recordings with clients) and copies of issued documents, including ID cards (including the photograph from the ID card), sex, education, data related PEPP provision and payouts, PEPP beneficiaries, additional data related to ancillary services (for instance, in the case of insurance, data on insurance product, premiums, data on health status, beneficiaries / marriage / partnership, number of children), in the case of a natural person-entrepreneur, we also process the address of the place of business, the subject of the business, the name of the official register or other official record in which the business is registered and the relevant entry number in this register or record, business activity, data on the end users of benefits.

3.2  Purpose of processing: fulfilment of obligations in the field of prevention of legalization of proceeds from criminal activity and financing of terrorism, registration and management of reports about unusual trading operations, and identification of the client to exercise due diligence in relation to the client.

Legal basis: the processing of personal data is necessary under a special regulation.

The source of the personal data of the data subject is the data subject, public sources of information.

Personal data of the data subject are made available to the following recipients or categories of recipients: National criminal agency, Financial Intelligence Unit, external financial audit, National Bank of Slovakia, courier services, financial institutions providing ancillary services (e.g. insurance company acting in respect of group insurance).

Provision of personal data of the data subject is a legal obligation.

The controller does not perform automated individual decision-making or profiling for the purpose of processing personal data.

The controller processes the following categories of the data subject’s personal data: first name, last name, personal identification number, date of birth, place of birth, nationality, type, number and validity of an identification card or passport, permanent residence, address of correspondence, politically exposed person, sanctioned person, AML risk category, facial image and copies of issued documents, including ID card (including the photograph from the ID card), data from the relationship monitoring documentation.

3.3   Purpose of processing: verification of client identification through the facial biometrics system

Legal basis: the controller processes biometric data on a legal basis of a special regulation. The source of the personal data of the data subject is the data subject.

The personal data of the data subject are made available to the following recipients or categories of recipients: intermediaries, the National Bank of Slovakia, the Financial Intelligence Unit, other public authorities controlling the activities of an investment firm, financial institutions providing ancillary services (e.g. insurance company acting in respect of group insurance).

The controller does not perform automated individual decision-making or profiling for the purpose of processing personal data.

The controller processes the following categories of the data subject’s personal data: biometric facial characteristics.

3.4  Purpose of processing: processing of personal data of clients in regard to accounting and external audits.

Legal basis: the processing of personal data is necessary under a special regulation.

The personal data of the data subject are made available to the following recipients or categories of recipients: accounting company, external financial audit, Financial Administration of the Slovak Republic, National Bank of Slovakia, controlling bodies.

Provision of personal data of the data subject is a legal obligation.

The controller does not perform automated individual decision-making or profiling for the purpose of processing personal data.

The controller processes the following categories of the data subject’s personal data: first name, last name, permanent residence, address of correspondence, name of the company (employer), employee identification number, transaction information (payments and deposits), and current card balance.

3.5  Purpose of processing: providing information about financial accounts to assess correct tax liability according to Article 19 of Act No. 359/2015 Coll. on automatic exchange of financial account information in the field of taxation.

Legal basis: the processing of personal data is necessary under a special regulation.

The personal data of the data subject are made available to the following recipients or categories of recipients: external financial audit, Tax office, the National Bank of Slovakia.

Provision of personal data of the data subject is a legal obligation. The controller does not perform automated individual decision-making or profiling for the purpose of processing personal data.

The controller processes the following categories of the data subject’s personal data: first name, last name, date of birth, place of birth, permanent residence, address of correspondence, tax domicile, VAT ID, whether you are a resident of the USA, social security number, bank account number, current bank account balance, gross income.

3.6  Purpose of processing: provision of products and services and the use and sharing of information as a part of marketing

Legal basis: consent of data subject and the legitimate interest of the controller.

The legitimate interest pursued by the controller in the processing of the personal data (i) for the purpose of direct marketing is the offer of products and services similar to those already used by the client, (ii) for the purpose of advertising campaigns, e.g. through social networks, marketing surveys, displaying targeted advertising is to inform about its products and services

/marketing/.

The controller processes personal data for the purpose of (direct) marketing also with the consent of the data subject, e.g., in case the data subject has subscribed to the marketing communication (i.e. newsletter). The consent may be withdrawn at any time by the data subject.

The personal data of the data subject are made available to the following recipients or categories of recipients: financial agents, information technology providers, marketing agencies encompassing analytical and statistical indicators of the web, social network operators.

Provision of personal data by the data subject – the client is a legitimate request of the controller. The provision of personal data by the data subject – the person who has subscribed to the marketing communication is his / her consent.

The controller processes the following categories of the data subject’s personal data: email, telephone number, name, surname, age, sex, place of residence.

3.7  Purpose of processing: conclusion, registration, and administration of contracts including customer care (e.g. electronic communication service and client area), manager’s analysis, and solving complaints from the standpoint of financial intermediation of financial services.

Legal basis: the processing of personal data is necessary under a special regulation.

The personal data of the data subject are made available to the following recipients or categories of recipients: financial institutions providing financial services, the National Bank of Slovakia, the Court of executors, law enforcement authorities, courts, an accounting company, external financial audit, information technology providers.

Provision of the data subject’s personal data is in part a legal and in another part a contractual obligation.

The controller does not perform automated individual decision-making or profiling for the purpose of processing personal data.

The controller processes the following categories of the data subject’s personal data: title, first name, last name, given name, personal identification number, date of birth, place of birth and country, phone number, email, nationality, type, number and validity of an identification card/ passport, permanent residence, postal address, tax domicile, VAT ID, whether you are a resident of the USA, social security number, politically exposed person, sanctioned person, type and language of communication, bank account, signature, age, skills, experience, financial situation, risk inclination, investment horizon, purpose of the investment, economic profile, AML risk category, investment strategy, geolocation information and transaction information, health condition of the client for the purpose of insurance, information about types of company and personal pension funds and authorised persons, based on these agreements, picture of face, biometric data (characteristics of voice, face or signature), audio recordings (for instance, call recordings) and copies of issued documents, including ID card (including the photograph from the ID card).

3.8  Purpose of processing: processing of personal data of person seeking employment

Legal basis: contractual and pre-contractual relationship

The personal data of the data subject are made available to the following recipients or categories of recipients: information technology providers.

The controller does not perform automated individual decision-making or profiling for the purpose of processing personal data.

The controller processes the following categories of the data subject’s personal data: first name, last name, date of birth, place and country of birth, nationality, telephone number, email, education, work history, and other CV details.

3.9  Purpose of processing: marketing communication regarding the campaign referral from a friend

Legal basis: legitimate interest of the controller.

The personal data of the data subject are made available to the following recipients or categories of recipients: information technology providers.

Personal data is not obtained directly from the data subject but from another person who thinks that the data subject would be interested in the services of the controller. The controller shall always inform the data subject of the source from which the personal data were obtained.

The controller does not perform automated individual decision-making or profiling for the purpose of processing personal data.

The controller processes the following categories of the data subject’s personal data: email.

3.10  Purpose of processing: fulfilment of the obligations of an investment firm in relation to the categorisation of clients, obtaining information concerning the client’s and / or potential client’s knowledge and experience in the field of investments under the Securities Act

Legal basis: the processing of personal data is necessary under a special regulation.

The personal data of the data subject are made available to the following recipients or categories of recipients: financial institutions providing a financial service, the National Bank of Slovakia, law enforcement authorities, courts, external financial audit, information technology providers.

Provision of personal data of the data subject is a legal obligation. The controller does perform automate individual decision-making or profiling for the purpose of processing personal data.

Personal data processed for this purpose are collected through the investment form on the Finax website. The answers are evaluated by the technical device, which assigns to the data subject one of the eleven categories, according to the pre-set algorithm, based on their investment relationship. The technical device shall also propose to the data subject an investment plan that the data subject may accept or modify (within the limits set by Finax). At any time, the data subject may return to the investment questionnaire and change his or her answers.

The controller processes the following categories of the data subject’s personal data: knowledge and experience of the client or potential client in the investment field, the financial situation of the client or potential client, including the investment objectives (e.g., sustainability preferences) and the client’s ability to bear a loss.

3.11  Purpose of processing: improvement and development of services, compiling statistical reports, troubleshooting, development, and improvement of other products and services, fraud prevention and detection purposes, IT security

Legal basis: legitimate interest of the controller, processing of personal data is necessary under a specific regulation.

The personal data of the data subject are provided to the following recipients or categories of recipients: information technology providers, the National Bank of Slovakia.

The source from which the personal data of the data subject originate is the data subject.

The controller does not carry out automated individual decision-making within the framework of the above-mentioned purpose of processing personal data. The controller may carry out profiling to analyse or predict the economic situation and behaviour of the data subject, aiming to develop and test new functionalities, compile statistical reports, solve problems, develop and improve other products and services of the Company. This profiling does not lead to automated decision-making with legal effects concerning or similarly significantly affecting the data subject.

The controller processes the following categories of personal data of the data subject: audio recordings (recordings of phone calls with clients), data collected in connection with the application use (e.g., activities in the application, use of various functions, demographic data), however, where possible, the controller will process anonymized data

4. Processing of biometric data – biometric facial characteristics

When concluding a business relationship with a client, the controller is obliged to perform a verification of client identification under Act No. 297/2008 Coll. on protection against money laundering and terrorism financing.

The controller enables verification of the identification in several ways: with or without facial biometrics.

If the client decides to use the facial biometrics system, he / she will be asked to scan his / her identity document, take a so-called selfie photo, and take a liveliness test, consisting of the client watching a randomly moving dot on the monitor of his device (mobile, laptop). The system then assesses whether the person on the identity document is identical to the person who took the selfie photo and performed the liveliness test. If the client decides to use the facial biometrics system to verify his / her identification, the client is notified that the operator will process his / her data for the period stipulated by law. The legal basis for the processing of biometric data is a special law.

The verification of identification can also be performed in another way (without the processing of biometric facial characteristics). In this case, the data subject will only enter personal information from his / her identity document in an online form and, following the conclusion of a contract with the controller, the client will be asked to take steps needed for the identity verification, in particular sending the scan of the identity document, bank statement from another bank and subsequently making a transfer from the account in question to the controller’s account.

5. Purpose and legal basis for personal data processing

The legal basis regarding the processing of personal data is in particular the standard fulfilment of legal obligations, the conclusion and fulfilment of the contract, the legitimate interest (in the case of direct marketing in relation to existing clients), and the data subject’s consent (in the case of direct marketing in relation to those, who have signed up for the marketing communications).

The controller operates in a highly regulated field of the financial market, resulting in several obligations imposed by specific regulations. Therefore, your personal data are being processed even if a specific law imposes this obligation on us, particularly but not exclusively

• Act No. 566/2011 Coll. Act on Securities and Investment Services and on Amendment to Certain Acts (Securities Act)

• Regulation (EU) 2019/1238 of the European Parliament and of the Council on a pan- European Personal Pension Product (PEPP)

• Act No. 129/2022 Coll. on a pan-European Personal Pension Product and on Amendment to Certain Acts

• Act No. 297/2008 Coll. on the Prevention of Legalisation of Proceeds of Criminal Activity and Terrorist Financing

• Act No. 186/2009 Coll. on financial intermediation and financial counselling

• Directive 2014/65/EU of the European Parliament and the Council of the European Union on markets in financial instruments

• Regulation (EU) No. 600/2014 of the European Parliament and the Council of the European Union on markets in financial instruments

• Act No. 431/2002 Coll. on Accounting

• Act No. 395/2002 Coll. on Archives and Registries

• Commission delegated regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive

• Act No. 595/2003 Coll. on income tax

• Act No. 359/2015 Coll. on automatic exchange of financial account information in the field of taxation

• Regulatory rulings and methodological guidelines of the National Bank of Slovakia

6. Transfer of personal data to third countries

Personal data shall be the subject of a cross-border transfer to the Member State of the European Union or to the third countries that do ensure an adequate level of personal data protection as well as to the third countries that do not ensure an adequate level of personal data protection on the understanding that the controller had taken measures directed at personal data protection.

7. Personal data retention period

The controller is authorised to process the personal data of the concerned person and retain them for a period defined by Act No. 566/2001 Coll. Act on securities and investment securities, which applies for the duration of the contract and after the termination of it for the necessary amount of time, capped at the maximum of 10 years unless the government regulations state otherwise.

The processing of personal data in the case of consent is only possible for the period for which the consent was granted or as the case may be until the consent withdrawal.

In the case of personal data processing for the purpose of direct marketing based on the legitimate interest of the controller, the personal data will be processed until the data subject has objected to the processing in question.

Personal data retention is also defined by other laws described in section 5, based on which we are obliged to retain our records accordingly:

Right to rectification

If you believe Finax is processing incorrect, inaccurate, or outdated personal data about you, you have the right to obtain the rectification of personal data. It is important for us to process accurate personal data about you, so be sure to use this right whenever any of your personal data, which is important to your relationship with us, changes. Based on your corrected or up- to-date information, we will rectify the personal data we process about you.

Right to erasure (‘right to be forgotten’)

You shall have the right to obtain from the controller the erasure of personal data concerning him or her where one of the following grounds applies and there are no statutory exclusions:

• the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

• the data subject withdraws consent on which the processing is based, and where there is no other legal basis for the processing;

• the data subject objects to the processing of personal data, processed on the basis of legitimate interest, due to his / her specific situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for direct marketing purposes;

• the personal data have been unlawfully processed.

However, please be aware that, with respect to legal obligations that Finax as an investment firm has, in particular in the areas of regulating securities trading, combating money laundering, terrorist financing, and fraud prevention, Finax is obliged to store personal data of their clients as well as potential clients even after the end of the business relationship and therefore this personal data can be deleted only after the expiry of the set deadlines. For more information on the specific retention periods, see Chapter 7. Personal Data Retention Period.

Right to restriction of processing

You shall have the right to obtain from the controller restriction of processing where one of the following applies:

• if you contest the accuracy of the personal data being processed, for a period enabling the controller to verify the accuracy of the personal data;

• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

• we no longer need the personal data for the processing, but they are required by you for the establishment, exercise, or defence of legal claims;

• you object to the processing of personal data pending the verification of whether the legitimate grounds of the controller override those of the data subject.

In these cases, Finax will not delete your personal data but will mark it and restrict its processing for certain purposes.

Right to data portability

You shall have the right to receive the personal data concerning you, which you have provided to a controller and the processing is carried out by automated means in a structured, commonly used, and machine-readable format. You have the right to transmit those data to another controller. If it is technically feasible, we will directly transmit your personal data to another controller.

Right to object and automated individual decision-making

You shall have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on our interest, including profiling based on those provisions. Where personal data are processed for direct marketing purposes, you shall have the right to object at any time to the processing of personal data concerning you.

You also have the right to object if your personal data is processed automatically, which may result in a decision that has legal effects for you or otherwise affects you significantly.

In the event of an objection to the processing of your personal data that are being processed on a legal basis of Finax’s legitimate interest, Finax will assess the situation based on the information provided by you and inform you whether Finax’s legitimate interest prevails in a particular situation and the processing will continue or your rights as a data subject prevail and the processing will be stopped.

Right to withdraw consent

If your personal data are being processed based on the consent, you are entitled to withdraw this consent at any time. However, withdrawal of consent has no impact on the legality of processing resulting from consent before its withdrawal.

Right to lodge a complaint with a main supervisory authority

if you consider that the processing of personal data relating to you infringes this Regulation, you have the right to lodge a complaint with a main supervisory authority – the Office for Personal Data Protection of the Slovak Republic,

Office for Personal Data Protection of the Slovak Republic Hraničná 12

820 07 Bratislava 27 Slovak Republic

https://dataprotection.gov.sk

How to exercise your rights

The data subject may exercise his / her rights to Finax by e-mail sent to dpo@finax.eu or in writing to: Tibor Šiška, Data Protection Officer, Finax, o.c.p., a.s., Bajkalská 19B, 82101 Bratislava

Please state your name, surname, e-mail address, or permanent address in your request. If you do not provide us with this information, your request will not be accepted. We require this additional information to verify your identity and not to disclose your personal information to an unauthorised person.

Inthecaseofexercisingtherightofaccesstopersonaldataortherightofportabilityofpersonaldata, the signature of the data subject on the written request must be officially authenticated.IfFinaxhasalegitimatesuspicionconcerningtheidentityofthedatasubject,ithastherighttoaskthedatasubjecttoprovideadditionalinformationneededforverificationoftheidentity,e.g.such as a written request with an officially verified signature of the data subject.

9. Cookies

Finax website uses cookies. More information about cookies can be found here.

• Trademarks and Intellectual Property Rights

Finax, o.c.p.,a.s., is the owner of the Copyright in the pages and in the screens displaying this website, and in the information and material therein and in their arrangement, unless otherwise indicated. Finax, o.c.p.,a.s., holds the exclusive rights or license to use or any other license for all kinds of trade names and trademarks contained and/or appearing in this website.

• Change of Information and Materials

All information and materials contained in the website of Finax, o.c.p.,a.s.,, and all terms, conditions, prerequisites and descriptions contained herein, are subject to change without any prior notice.

• Limitation of Liability

Finax, o.c.p.,a.s., does not provide any warranty as to the accuracy, adequacy or completeness of the information and materials contained in its websites and expressly rejects any liability for any errors and/or omissions in this regard. Finax, o.c.p.,a.s., does not provide any warranty of any kind implied expressed or statutory, including but not limited to the warranties of non- infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, in conjunction with the information and materials thereof.

Hyperlinks to other internet resources are followed at your risk; the content, accuracy, opinions expressed and other links provided by these resources are not controlled, investigated, verified, monitored and/or endorsed by Finax, o.c.p.,a.s.,.

Finax, o.c.p.,a.s., shall not be liable for a) any damages, losses or expenses which arise in connection to this website or its use or inability to use by any person or in connection to the inability to execute an order, error, omission, interruption, fault, delay in operation or transmission, computer viruses, communication failure or line or system failure, even if Finax, o.c.p.,a.s., or its representatives have been informed about the possibility of such damages, losses or costs and

1. b) for errors or inaccuracies in the transmission process of data and/or Orders for trading or any instructions from the client/visitor of the site, interference, fraudulent impersonation, breaking of secret access codes, erroneous recording or transmission of message or system failure due to force majeure or for whatever other reason which is not due to breach of the above either by Finax, o.c.p.,a.s,.

Finax, o.c.p.,a.s., shall not be liable for any damage that may occur to the hardware or software of the user that may arise as a result of the use of this website and/or land or in connection of this website with other websites/hypertext links or internet resources.

• Intended Users

This website is not intended for any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

• Cookies

Our website uses cookies. Cookies are small pieces of text data that are stored on your browser or mobile device when you browse websites. Cookies help us manage our website, ensure the basic functionality of the website, and help us understand how users interact with our website. We also use cookies for analytical and statistical functions, such as tracking the country of origin of the users of our website and the methods they use to visit our website. Cookies also help us show relevant ads and personalize our website. For more information about cookies, visit http://www.allaboutcookies.org/

Specifically, we use the following types of cookies:

1. technical cookies, ensure the proper functionality of our website, for example, enable you to log in to the user account on the website, or allow you to switch between the language versions of our website and ensure that your language choice is remembered. You can turn off these cookies by changing your browser settings, but the website may not function properly without them. For more information on how to change your web browser settings, see Disabling Cookies below. We process these cookies on the legal basis of pre- contractual / contractual relationships and the legitimate interest of our company.
2. analysis cookies, allow us to analyse how you navigate our website, what content is relevant to you, and learn more about our users’ demographics. We process these cookies on the legal basis of your consent.
3. preference cookies, allow us to customise the content of our website based on your interests (profiling). We process these cookies on the legal basis of your consent.
4. advertising cookies, are used to show targeted and relevant advertising. We process these cookies on the legal basis of your consent.

Some cookies will be deleted from your device after you close the browser window (session cookies), others will remain on your device even after you have finished browsing our website (persistent cookies). See the Cookies List below for information on how long each cookie is stored.

We inform users about the use of cookies on our website through a banner placed at the bottom of the website. The Cookie Banner allows you to choose what types of cookies may be used in relation to you in the Cookie Management banner. You can change your settings at any time via Manage Cookies at the bottom of our website.

For more information about the processing of your personal data and your rights as a data subject, please visit the Privacy Policy.

Types of used cookies

Disabling cookies

If you do not want cookies to be collected, you can restrict, block or delete cookies by changing your browser settings. Although the settings for each browser slightly differ, the cookies configuration is usually found in the ‘Preferences’ or ‘Settings’ menu. Please note, however, that if you choose to block cookies, the functionality of our website may be restricted and, in case of technical cookies, you may not be able to access our website.

If you wish to prevent new cookies from being installed or to remove existing cookies, please see the links below for instructions. Please note that the specific procedure depends on the browser you are using.

1. Internet Explorer

http://windows.microsoft.com/en-GB/internet-explorer/delete-manage-cookies

1. Firefox

https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored

1. Google chrome https://support.google.com/chrome/answer/95647?hl=en
2. Safari

http://help.apple.com/safari/mac/8.0/#/sfri11471

• Third Party Links

Our website(s) contain links to websites operated by other parties. We provide the links for your convenience, but we do not review, control or monitor the privacy or other practices of websites

operated by other. We are not responsible for the performance of websites operated by third parties or for your business dealings with them.

• Governing Law

Use of this site shall be governed by Laws of Slovak Republic.

• Language

The official language of the Company is English and Slovak. Client is always obligated to read and refer to the main page for information about the Company and conditions of the webpage. Translations and any information provided in other language than English or Slovak are only for informative purposes, are not binding for the Company in any way and have no legal standing. The Company has no obligation or responsibility for the completeness of the information contained in the translations.

By accessing the Finax, o.c.p., a.s. website and any pages linked thereto, I agree to be bound by the terms and conditions as described above.