Information

ESI is authorised and regulated by the Estonian Financial Supervisory Authority with registration number [TBA]. 

We are a Discretionary Investment Management firm able to act on your behalf in creating and managing a range of investment Plans As set out on our website and chosen by you when opening an account and subscribing to a Plan or multiple Plans (for ease of reading, we refer to the singular “Plan”).

In order to subscribe for the Services, you must:

• accept the Terms applicable to ESI and the Service;
• satisfy our identity checks; and
• satisfy our suitability criteria.

Our Services enable you to select a Plan (“Green Safe”, “Green Adventure”, “Green Founder” or all) and open an Account in order to invest on an execution only basis as further described on the website.

We do not provide financial, investment or tax advice as part of the Services. Neither we nor our Associates give, nor is anything on the website or any linked website to be construed as personal investment recommendations, financial, or tax advice of any kind. you are responsible for selecting the Plan and any investments.

Since we do not provide financial, investment or tax advice as part of the services, we are not required to assess the suitability or appropriateness for you of:

• the investments that you choose, that we may hold for you in your Account;
• the Plan that you choose; or
• he other Services we provide to you.

Suitability to invest is based on your financial situation and ability to bear any losses, your objectives and attitude to risk and whether you have the knowledge and experience to understand the risks involved.

The decision whether to allow you to open an Account is entirely ours and we may decide for any reason, or no reason, not to authorise you. We may, at our discretion, permit you to answer the questions again at a future date, but we are under no obligation to do so.

If you are in any doubt about the suitability or appropriateness of any particular Plan, investment or any part of the Service, we recommend that you speak with a financial adviser.

We will provide the Services with reasonable skill and care but, because we do not give advice, we cannot guarantee that they will meet your particular needs.

The impact of events and circumstances outside our control, including but not limited to the ongoing movements in the markets and fluctuations in the value of investments, will not automatically be deemed to be a breach of any Plan’s investment objectives or risk profile. Our Plans are managed on a fully discretionary basis to match defined risk profiles. This service enables us to make investment decisions on your behalf without needing to obtain your approval for those transactions. You will see on your periodic statements the changes that are made.

You are required to accept the risk profile and characteristics of the Plan selected. Where additional investment is made into a Plan it will be invested and managed in accordance with the Plan selected.

We will not accept specific instructions relating to individual investments within the Plan.

When funds have arrived, they will typically be invested within five (5) working days. There may be occasions when it will take longer than this.

By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that: 

• you are at least 18 years old and have the full legal capacity to accept these Terms;
• you have read the terms set out in these Terms and agree to be bound by and comply with them; and
• you shall ensure that you abide by these Terms.  

We are currently unable to offer Services to US passport holders or nationals of any country listed in the United States Department of Treasury’s Office of Foreign Assets Control website at http://www.treas.gov/ofac. 

You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

You must notify us immediately if you learn or suspect that the security of your username or password may have been breached. If we receive such a notification from you or determine ourselves that the security of your username or password may have been breached, you will not be able to access the website until measures have been taken to verify your identity.

We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to or your Account at any time. 

You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

Your online Account will allow you to view details of your Plan, for example, where your money is invested and the values. Your online Account also allows you to view Account literature and any other Important document that is relevant to your Plan. 

Any Instructions to change personal details or contact details on your Account may be made by you. It is important that you maintain the email address we have for you to ensure that any important communications or alerts are received. You should also make sure that your email settings are set up to receive emails from us.

If you open multiple Plans, you will automatically be able to view all the details and documents for the new Plan under the same Account.

In addition to your cancellation rights, we are be entitled to close one or more of your Plans or Account for the following reasons:

• if you have not given us any documents, we need to meet our regulatory or legal responsibilities;
• if you have failed to provide us with satisfactory evidence or documentation for us to complete our anti money laundering verification process;
• if we believe, that any information or declaration you have given to us when opening an Account or subsequently, is untrue, misleading, or incomplete in any material way, or if you fail to inform us of any information you later become aware of which makes any previous information untrue, misleading or incomplete;
• if under the terms of a court order; or
• if you have done or failed to do something which means we are unable to comply with our legal and/or regulatory obligations.

We will let you know in writing the date on which we will be closing your Plan or Account.

We will not be legally responsible for any remuneration, costs, charges, fees, expenses, taxes or other amounts which become payable by closing your Plans or Account.

You become a subscriber to your chosen Plan by completing the registration of an Account. 

Participation in your chosen Plan requires recurring payments and fees. These Fees will be notified to you through our website. 

If you subscribe to a Plan, the period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By subscribing to a Plan, you authorise us or our related corporations to automatically charge the Fees applicable to your Plan: 

upon the commencement of your first subscription period or at a date otherwise indicated by us; and 

on the renewal date of the subscription period thereafter, without any further action by you. 

Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Plan or any of the Services. 

You shall be responsible for any applicable taxes under these Terms.

All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

We will deduct our fee directly from your Plan as follows and will be clearly marked on your statements:

• Contribution Fee: 0.5% of contribution will be charged on the day of transaction.
• Withdraw for contribution over 12-month-old: 0.5% of total withdraw
• Withdraw of contribution less than 12 month: 4.9% of the withdraw that has partially or totally less than 12 months been contributed.

For clarity the following example may be used:

If you are to withdraw 1000 Euro and 890 Euro have been in your wallet for more than 12 month and 110 Euro have been your wallet for less than 12 months. You would be charge 0.5% on the 890 Euro and 4.9% on the 110 Euro. 

Please note: the forgoing is for illustrative purposes only. For further information on our Fees please refer to our website.

We have certain responsibilities under the Applicable Laws to verify the identity of, and run anti- money laundering checks on, our customers prior to their investing. In order to fulfil these responsibilities, we will use third-party identification checking services to confirm your identity when you first seek to invest, and we will carry out regular monitoring checks while you remain a customer. We may also use credit reference agencies for this purpose. This will place a search footprint on your electronic file and your personal details may be accessed by third parties for the specific purpose of anti-money laundering, credit assessment, identity verification, debt collection, asset reunification, tracing and fraud prevention.

We will not be liable for any losses, damages or costs arising from our conduct of the checks, your inability to make investments while the checks are pending or as a result of the unsatisfactory completion of the checks.

We are legally obliged to keep your affairs confidential. However, we may be required by Applicable Law to make a disclosure to the Estonian Financial Supervisory Authority or other governmental institution where we know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to this matter, we may not be able to tell you that a disclosure has been made. We may have to stop providing Services to you for a period of time and may not be able to tell you why. We shall not be liable in any way whatsoever for any loss or damage (including any costs, expenses or liabilities) of any kind incurred by you as a result of having to make such a disclosure or having to stop providing Services to you for such period of time.

We will send all notices, information and other correspondence to you to the email address you have provided us with when you set up your account. You agree as an ongoing obligation to provide us with an up-to-date email address and to inform us as soon as reasonably practicable if this should change. We are entitled to rely on the last email address you have provided, and an email sent to that email address shall be sufficient.

We cannot guarantee that general emails will be successfully delivered, or that they will be secure and virus free. We will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered, or for failing to be delivered for any reason beyond our reasonable control.

If we choose to correspond by post, communications will be sent to the address you provided when you set up your Account. 

We will not be liable for any error of transmission or misunderstanding, or for the fraud of any other party (except in the case of our negligence, wilful default or fraud).

You will be legally bound by the Terms so it is important on entering it, and on a periodic basis to confirm, that you have and will maintain full legal capacity and all necessary authority, permissions and powers, and have taken all necessary action to enable you to enter into these Terms lawfully and to grant us, rights and powers referred to in these Terms.

You agree to:

• co-operate with us in all matters relating to the Services;
• provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is true and accurate;
• regularly log on to your Account to review your Investments as well as any communication or documentation that may be added from time to time; and
• notify us promptly of any changes to your circumstances or information you provided.

If you wish to make a complaint in relation to our services, please contact us. If we are unable to resolve your complaint to your satisfaction, you can write directly to the Estonian Financial Supervisory Authority.

For your information we have provided a summary of the main risks that are associated with investing and opening an Account with us. This list is not comprehensive but should act as a guide for you to better understand the risks involved.

We do not provide investment advice and shall not at any time be under any duty to provide any such advice and shall not be regarded as having done so.

You are solely responsible for seeking your own advice and making your own independent assessment of the risks of transactions. We have not undertaken any assessment whatsoever of your personal circumstances and will not make any personal recommendation to you.

If you are unsure on any matter, you should consider taking independent professional advice, such as financial advice, legal and tax advice in relation to your individual circumstances and requirements.

The value of your investment is not guaranteed, and prices may go down as well as up. You may get back less than the amount you originally invested.

External factors may cause the value of your investments to fall. You are not certain to make a profit. You may make a loss. You may lose your entire investment.

If the value of your investment changes by less than the rate of inflation, it will have less buying power in the future.

We provide discretionary investment management, where your investments are managed by us. This means that we have discretion over both asset allocation and security selection in relation to the assets held for you. This means that your Plan and its performance will be specific to you, even when compared to a Plan with a broadly similar mandate.

We have a Compliance department which is responsible for ensuring that control structures and procedures are adequate to ensure compliance with all relevant laws, regulations, codes and practices relating to its business activities.

Our Compliance department is also responsible for:

• Maintaining and operating effective organisational and administrative arrangements with a view to taking all reasonable steps to prevent conflicts of interest from giving rise to a material risk of damage to the interests of clients; and
• Establishing, implementing and maintaining an effective written conflicts of interest policy which takes into account any circumstances, of which the firm is, or should be aware of, that give rise to a conflict of interest arising as a result of the structure and business activities of the firm.

The types of conflicts of interest which may arise include, but are not limited to the following:

• Acting for more than one customer in a transaction;
• Receiving gifts or entertainment which could conflict with our duties to you;
• Employees pursuing activities or personal relationships potentially detrimental to you;
• Holding information on other customers that would affect you or them if it was disclosed;
• Personal account holdings in investments being recommended by us;
• If an ESI employee has interest in the outcome of a service provided to the client or of a transaction carried out on behalf of the client, which is distinct from the client’s interest in that outcome;
• If an ESI employee has a financial or other incentive to favour the interest of another client or group of clients over the interests of the client.

We are committed to operating in the best interests of its clients and managing conflicts of interest fairly. Where ESI has a material interest or a conflict of interest, it may not knowingly deal or advise unless it has taken reasonable steps to ensure fair treatment for its clients.

No provision of the Agreement will be deemed to restrict, qualify or exclude any duty owed to you under applicable law or that applicable law does not allow to be excluded or restricted. Except and to the extent of any duties that we owe you in accordance with any statutory rights that we cannot lawfully exclude or restrict any liability therefor, we do not owe you any further duties except as expressly set out in this Agreement.

We will not be liable to you for any loss, damages or costs suffered or incurred by you except and only to the extent that such loss arises directly from our negligence, wilful default, or fraud. We will not be liable to you for any losses, damages or costs suffered or incurred by you:

• which could not have been reasonably anticipated by us when you gave us an instruction;
• in relation to any loss of business, loss of goodwill, loss of opportunity or loss of profit; or
• which are indirect or consequential.

Nothing in these Terms require you to compensate us to any extent prohibited by applicable law.

We will not be liable for any loss or damage of any kind that is attributable to:

• our failure to take any action which, in our opinion, might breach an a applicable law, or any action taken in order to comply with Applicable Law or the requirements of any market;
• any fall in the value of investments (including, without limitation, those which may occur due to delays during the process of verifying your identity in compliance with money laundering regulations);
• any reasonable refusal or failure to accept and / or execute any investment on your behalf; or
• our reasonable reliance on any information, instructions, notices or communications that we believe to be from you and/or a person authorised by you to give the same, including any person authorised to give instructions in respect of your Plan.

We will take reasonable care in the assessment and appointment of sub-custodians, pension scheme administrators, bankers, counterparties, agents and other third parties. Subject to the performance of that duty we will not be liable for any losses, damages or costs suffered or incurred by you that is attributable to the performance of any third party involved in the provision of the Services.

We will not be responsible for any liabilities arising because of any circumstance outside of its reasonable control. Such circumstances may include, but are not limited to, changes in applicable law, governmental, regulatory or judicial changes, currency restrictions, acts of God, civil unrest, war, terrorism, strikes, lock-outs, industrial disputes, breakdown in market systems or infrastructure (including of trading, clearing house, market participant or counterparty), failure, breakdown or disruption of electronic communications or other communications or computer service.

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

We shall not be in breach of these Terms if there is, and shall not be liable or have responsibility of any kind for any loss or damage incurred by you as a result of, any total or partial failure, interruption or delay in performance of our duties and obligations occasioned by any act of God, fire, act of government, state, governmental or supranational body or regulatory authority or war, civil commotion, terrorism, failure of any computer dealing system, interruptions of power supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond our reasonable control.

A person who is not a party to this Agreement will not have any benefits under this Agreement and will not have any rights to enforce its terms.

These Terms are personal to you, and you may not transfer or assign any rights or obligations to any third party. We may assign or transfer its rights and obligations under the Agreement to any Affiliate or to any successor business. If this occurs, you will be notified by email. We will only transfer your money and/or assets to another person who we believe will hold them under applicable law or in respect of whom we have exercised all required due skill, care and diligence in assessing whether that person will apply adequate measures to protect it. If you object to such an assignment, you may terminate this Agreement and close your Account with us in accordance with these Terms.

These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Estonia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Estonia.

We may collect and process the following data which may contain Personal Data:

• information that you provide by filling in forms, including information provided at the time of registering to use our website, subscribing to any services provided by us, posting material, reporting a problem with our website, or requesting further services;
• information, data, documents or images that you upload onto our website;
• details of transactions you carry out through our website;
• details of your visits to our website, resources that you access and actions you are working on through the website;
• and if you contact us, a record of that correspondence.

Our website logs your website visit. In doing so, we process:

• date and time of the access,
• the amount of data transferred,
• the browser type and version,
• the operating system you use,
• the referrer URL (the previously visited web site),
• your IP address,
• the requesting provider.

The legal basis for data processing is my legitimate interest in the ongoing provision and security of our website. The log file is deleted after seven days, unless it is needed to prove or clarify specific legal violations that have become known within the retention period.

We may also collect and process information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our business partners. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

Please refer to our Cookie Policy for more information on how we use cookies.

The Personal Data that we collect may be transferred to, and stored at, a destination outside Germany and the EEA. It may also be processed by staff operating outside Germany and the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your services ordered by you, the processing of your payment details and the provision of support services. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We use information held, including Personal Data, in the following manner:

• to ensure that content from our website is presented in the most effective manner for you and for your computer;
• to provide you with information or services that you request from us, and to otherwise carry out our obligations arising from any contracts entered into between you and us;
• to provide you with information, products or services which we feel may interest you, where you have consented to be contacted for such purposes;
• to allow you to participate in interactive features of our service, when you choose to do so;
• to notify you about changes to our services;
• to investigate any complaints relating to the use of our website or any suspected unlawful activities;
• complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
• any other purposes for which you have provided the information;
• and carrying out whatever else is reasonable or related to or in connection with the above and our provision of goods and/or services to you.

We may disclose your Personal Data to third parties:

• for the purposes of providing products or services that you request from us, fulfilling our obligations arising from any contracts entered into between you and us, processing payments in connection therewith or otherwise in connection with your use of our website;
• where a third party claims that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law, in which case we may disclose your identity to that third party;
• in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets; or
• if we or substantially all of our shares or assets are acquired by a third party, in which case Personal Data held by us about our customers will be one of the transferred assets.

We may also disclose your Personal Data to a governmental or regulatory body, law enforcement, or other authorities, in order to enforce our terms of use for the website, to cooperate with any direction, request or order from such parties or to report any suspected unlawful activity.

By providing your Personal Data to us, you consent to the collection, use and disclosure of your Data by us for the purposes set out in this privacy policy (“Purposes”).

Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.

Each use of our services by you shall constitute a fresh agreement for us to collect, use and disclose the Personal Data in accordance with this privacy policy.

You may withdraw your consent and request us to stop using and/or disclosing your Personal Data for any or all of the Purposes by submitting your request to us in writing to Contact@esi.one. Should you withdraw your consent to the collection, use or disclosure of your Personal Data, it may impact our ability to proceed with your transactions, agreements or interactions with us. Prior to you exercising your choice to withdraw your consent, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies) or undertaking any steps as we may be entitled to at law.

a) Information
Upon request, we will provide you at any time and free of charge with information about all personal data that we have stored about you.

b) Correction, deletion, restriction of processing (blocking), objection
If you no longer agree with the storage of your personal data or if this data has become incorrect, we will arrange for the deletion or blocking of your data or make the necessary corrections (insofar as this is possible according to the applicable law) on the basis of a corresponding instruction. The same applies if we are only to process data in a restrictive manner in the future. You have the right to object in particular in cases where your data is required for the performance of a task that is in the public interest or in our legitimate interest, as well as profiling based on this. You also have such a right of objection in the event of data processing for the purpose of direct advertising.

c) Right to revoke consent with effect for the future
You may revoke your consent at any time with effect for the future. Your revocation will not affect the lawfulness of the processing up to the time of revocation.

d) Data portability
If data is processed on the basis of a contract, pre-contractual negotiations, consent or with the help of automated procedures, you have the right to data portability. Upon request, we will provide you with your data in a common, structured and machine-readable format so that you can transfer the data to another data controller if you wish.

f) Exercise of your data subject rights and right of appeal
To assert these rights, please contact us using Contact@esi.one. The same applies if you have questions about data processing in our company. You also have the right to lodge a complaint with a data protection supervisory authority.

We endeavour to ensure that all decisions involving your Personal Data are based upon accurate and timely information. However, we rely on you to disclose all relevant information to us and to inform us of any changes in your Personal Data. As such, please disclose all relevant information necessary for us to provide services to you and ensure all information submitted to us is up-to-date, complete, and accurate. Kindly inform us promptly if there are any changes in your Personal Data.

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable legal fees, which may arise from or relate to your use or misuse of the website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defence if we wish.

We may retain your Personal Data for at least 10 years, or such other longer or shorter period as may be necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your Personal Data or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected, and is no longer necessary for legal or business purposes.

Our website may, from time to time, contain links to and from the websites of our partner networks, business partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.

We do not use automated decision-making - including profiling in accordance with Article 22(1) and (4) of the GDPR.

We use technical and organisational security measures to protect the processing of personal data, in particular against accidental or intentional manipulation, loss, destruction or against attack by unauthorised persons. Our security measures are continuously improved in line with technological developments.

This policy and our commitment to protecting the privacy of your personal data can result in changes to this policy. Please regularly review this policy to keep up to date with any changes.

Any comments or queries on this policy should be directed to us. If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.

Cookies are small files that are stored on your computer when you visit a website. The next time you visit, the website can recognise the file. The files are thus typically used to compile statistics or for behavioural advertising purposes. Cookies help us to provide you with our services on our website and are partly necessary for website functionality purposes. The personal data stored in our cookies is encrypted.

We collect and process data for the following purposes:

• Optimisation of the website and your user experience
• Creation of statistics on the use of the website by you and other users
• Creation of statistics and analyses with the aim of improving our products, services and technologies
• Advertising purposes, including profiling and behavioural advertising initiatives, so that we can make our product information and offers as relevant as possible to you
• Compliance with applicable legal requirements (e.g., General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR)), including documentation requirements:
• Compliance with basic principles concerning the processing of personal data and legal basis for the processing (e.g., obtaining consent)
• Implementation and maintenance of technical and organisational security measures
• Investigation of suspected or known security breaches and notification to data subjects and authorities
• Statistics on the use of the website

Cookies are stored on your computer for different lengths of time depending on their type. From a technical point of view, a distinction is made between two types of cookies:

Session cookies: session cookies are used, for example, to temporarily store the items in your shopping cart while you navigate the website. Session cookies are not stored on your device and disappear when you close your browser.

Persistent Cookies: Persistent cookies are stored as text files on your device. Persistent cookies allow our server to recognise your device the next time you visit our website.

The provision of information about our use of cookies is in accordance with the Privacy and Electronic Communications Regulation on Mandatory Provision of Information and Mandatory Consent in the context of data storage or data access on end-user devices. The legal basis for the collection of your personal data through cookies, including for profiling purposes, is your consent.

If you have any questions or comments about our Cookie Policy or wish to exercise your rights under applicable laws, please contact us using Contact@esi.one.

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Cookies are small text files that can be used by websites to make a user’s experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we need your permission.

This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.

There are different types of cookies:

Functional cookies are essential cookies to provide a correct and user-friendly website. Some examples:

• Storing your language preferences;
• Detecting abuse or fraud;
• Storing browser settings to display the website according to the screen size.

These cookies are typical third party cookies that we use to collect statistical data about how our website is used, including:

• Average page load time;
• Pages visited;
• Browser data;
• IP address;
• MAC address;
• Duration of a (page) visit;
• Data about the operating system;
• Data about the device used;
• Clicking behaviour and other interactions on one or more pages.

The main purpose of these cookies and their statistical data is, after analysis, to optimise our performance, security, usability, content and services.

Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyse your behaviour on a website (‘analytical’ cookies) or cookies used to display advertisements to you (‘advertising’ cookies).

When you visit our website, one or more cookies are automatically stored on your device. If you do not want this to happen, it is best to use the following links (depending on the browser you use) to set your browser to prevent cookies from being stored on your computer in the future.

• Delete cookies in Google Chrome
• Delete cookies in Mozilla Firefox
• Deleting Flash cookies
• Delete cookies in Microsoft Internet Explorer
• Delete cookies in Opera
• Delete cookies in Safari

If your browser is not listed above, it's best to check your browser's help menu or search the Internet for "cookies" in conjunction with your browser's name.

We may update our Cookie Policy from time to time. This might be for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use cookies. We recommend that you check here periodically for any changes to our Cookie Policy.

Money laundering is the process of channelling ‘bad’ money into ‘good’ money to hide the fact that the money originated form criminal activity, and often involves three steps:

• Placement - Cash Assets is introduced into the financial system by some means;
• Layering - a financial transaction to camouflage the illegal source;
• Integration - acquisition of financial wealth from the transaction of the illicit funds.

Money laundering is the term used for a number of offences involving the proceeds of crime or terrorism funds. Organised crime groups and corrupt elites launder the proceeds of crime through the EU and its member states to fund lavish lifestyles and reinvest in criminality. Most financial transactions through and within the EU and its member states are entirely legitimate, but its role as a global financial centre and the world’s largest centre for cross-border banking makes the EU and its member states vulnerable to money laundering.

The following constitute the act of money laundering:

• concealing, disguising, converting, transferring criminal property, or removing it from the EU and its member states; or
• entering into or becoming concerned in an arrangement which you know, or suspect, facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person; or
• acquiring, using, or possessing criminal property.

These are the primary money laundering offences and thus prohibited acts under the legislation. There are also two secondary offences: failure to disclose any of the primary offences and tipping off. Tipping off is where someone informs a person or people who are, or are suspected of being involved in money laundering, in such a way as to reduce the likelihood of their being investigated or prejudicing an investigation.

Potentially any person could be caught by the money laundering provisions if they suspect money laundering and either become involved with it in some way and / or do nothing about it. The Policy sets out how any concerns should be raised.

Whilst the risk to Esi.one of contravening the legislation is low, it is extremely important that all employees are familiar with their legal responsibilities: serious criminal sanctions may be imposed for breaches of the legislation. The key requirement on employees is to promptly report any suspected money laundering activity to a member of Esi.one’s Senior Management Team.

Violations of Anti Money Laundering Laws may lead to severe civil and/or criminal penalties against companies and individuals, including significant monetary fines, imprisonment, extradition, blacklisting, revocation of licences, and disqualification of directors.

In addition, violations of Anti Money Laundering Laws can lead to damaging practical consequences, including harm to reputation and commercial relationships, restrictions in the way we can do business, and extensive time and cost in conducting internal investigations and/or defending against government investigations and enforcement actions.

Where any suspicions arise that criminal conduct may have taken place involving a customer, colleague or third party, you should consider whether there is a risk that money laundering or terrorist financing has occurred or may occur.
Some examples of red flags to be reported include:

• A customer provides insufficient, false or suspicious information or is reluctant to provide complete information Methods or volumes of payment that are not consistent with the payment policy or that are not customarily used in the course of business, e.g., payments with money orders, traveller’s checks, and/or multiple instruments, and payments from unrelated third parties;
• Receipts of multiple negotiable instruments to pay a single invoice;
• Requests by a customer or partner to pay in Cash;
• Early repayments of a loan, especially if payment is from an unrelated third party or involves another unacceptable form of payment;
• Orders or purchases that are inconsistent with the customer’s trade or business;
• Payments to or from third parties that have no apparent or logical connection with the customer or transaction;
• Payment to or from countries considered high risk for money laundering or terrorist financing;
• Payments to or from countries considered to be tax havens or offshore jurisdictions;
• Payments from countries unrelated to the transaction or not logical for the customer;
• A customer’s business formation documents are from a tax haven, or a country that poses a high risk for money laundering, terrorism or terrorist financing, or a country that is not logical for the customer;
• Overpayments followed by directions to refund a payment, especially if requested to send the payment to a third party;
• Any customer for whom you cannot determine the true beneficial owner;
• Structuring transactions to avoid government reporting or record keeping requirements;
• Unusually complex business structures, payment patterns that reflect no real business purpose;
• Wire transfer activity that is not consistent with the business activities of the customer, or which originates or terminates with parties unrelated to the transaction;
• Unexpected spikes in a customer’s activities.

The above is not intended to be an exhaustive list. Deviation from customer and accepted business practice should alert you to further investigate the activity in accordance with this Policy.

Esi.one’s Senior Management is responsible for ensuring that the Company has a culture of compliance and effective controls to comply with Anti Money Laundering Laws and regulations to prevent, detect and respond to money laundering and counter-terrorism financing and to communicate the serious consequences of non-compliance to employees.

You have the obligation to read and follow this Policy, to understand and identify any red flags that may arise in their business activities and to escalate potential compliance concerns related to Anti Money Laundering to the Company Secretary or Esi.one Senior Management without notifying anyone involved in the transaction and should not take any actions prior to receiving advice and/or instructions.

It is our policy to carry out due diligence ("DD") at the outset of any business relationship and, if necessary, where any red flags arise subsequently on our suppliers, distributors, counterparties, agents and any person with whom Esi.one has an established business relationship that will involve the transfer to or receipt of funds ("Customers"), so we can be satisfied that they are who they say they are and so that we can ensure that there are no legal barriers to working with them before contracts are signed or transactions occur. Various factors will determine the appropriate forms and levels of screening.

You should escalate any instances where you have cause for suspicion as a result of carrying out DD and ongoing monitoring to Company Secretary or Esi.one’s Senior Management, who will advise them regarding which tools and processes should be used to facilitate appropriate screening.

You must, in consultation with the Company Secretary or Esi.one’s Senior Management, carefully consider screening outcomes before deciding whether to do business with the third party.

Finance managers must regularly monitor and/or review Customers to identify business activity or governance that could indicate money laundering or terrorist financing is taking place.

Record-keeping is an essential component of the audit trail required to assist in any investigation. You must maintain records as evidence of the DD and ongoing monitoring undertaken.

Any Esi.one employee or contractor, who violates this Policy may be subject to appropriate disciplinary action, independently from potential other penalties resulting from their behaviour.

In support of this policy, Esi.one will:

• make all staff aware of the requirements and obligations placed on the Company and on themselves as individuals by the anti-money laundering legislation; and
• give targeted training to those most likely to encounter money laundering.

We will monitor account activity for unusual size, volume, pattern, or type of transactions, taking into account risk factors and red flags that are appropriate to our business. Monitoring will be conducted by means of automated monitoring and the relevant risk profile will serve as a baseline for assessing potentially suspicious activity. We will be responsible for this monitoring, will review any activity that our monitoring system detects, will determine whether any additional steps are required, will document when and how this monitoring is carried out, and will report suspicious activities to the appropriate authorities. In addition, all employees will receive training once a year on how to identify money laundering and fraud-related operations.

No payment to Esi.one should automatically be accepted in Cash Assets if it exceeds €10,000. This does not, however, mean that Cash Assets transactions below this value will be valid and legal and should not raise suspicion. Professional scepticism should be retained at all times.

Staff who process payments are asked to provide the details of any Cash Assets transaction over €10,000 to the Company Secretary so that precautionary checks can be performed.

Esi.one, in the normal operation of its services, accepts payments from individuals and organisations. If an employee has no reason to suspect or know that money laundering activity is taking place and if the money offered is less than €10,000 in Cash Assets as payment or part payment for goods/services offered by Esi.one then there is no need to seek guidance from the Company Secretary.

If a member of staff has reasonable grounds to suspect money laundering activities or proceeds of crime, or is simply suspicious, the matter should still be reported to the Company Secretary. If the money offered is €10,000 or more in Cash Assets, then payment must not be accepted until guidance has been received from the Company Secretary even if this means the person has to be asked to wait.

Any officer involved in a transaction of this kind should ensure that the person provides satisfactory evidence of their identity personally, through passport/photo driving licence plus one other document providing evidence of current address in the form of a bank statement, credit card statement, insurance details or a utility bill. Where the other party is a company, this can be done through company formation documents or business rate bill.

Any employee who becomes concerned that their involvement in a matter may amount to a prohibited act under the legislation, must disclose this promptly to the Company Secretary or deputy. The disclosure should be at the earliest opportunity of the information coming to your attention, not weeks or months later. Should you not do so, then you may be liable to prosecution.

The employee must follow any subsequent directions from the Company Secretary or deputy and must not make any further enquiries themselves into the matter.

Additionally, they must not take any further steps in the transaction without authorisation from the Company Secretary or deputy.

The employee must not disclose or otherwise indicate their suspicions to the person(s) suspected of money laundering. The person concerned should be advised that routine Council procedures require secondary authorisation prior to large Cash Assets amounts being processed. The employee must not discuss the matter with others or note on a file that a report has been made to the Company Secretary in case this results in the suspect becoming aware of the suspicion.

The strategy will be subject to regular review as part of the Annual Fraud Report, which will make recommendations for any required changes to it. This Policy may be updated from time, and the updated version of the Policy will be immediately made available to all staff.

ESI is authorised and regulated by the Estonian Financial Supervisory Authority with registration number [TBA]. 

We are a Discretionary Investment Management firm able to act on your behalf in creating and managing a range of investment Plans As set out on our website and chosen by you when opening an account and subscribing to a Plan or multiple Plans (for ease of reading, we refer to the singular “Plan”).

In order to subscribe for the Services, you must:

• accept the Terms applicable to ESI and the Service;
• satisfy our identity checks; and
• satisfy our suitability criteria.

Our Services enable you to select a Plan (“Green Safe”, “Green Adventure”, “Green Founder” or all) and open an Account in order to invest on an execution only basis as further described on the website.

We do not provide financial, investment or tax advice as part of the Services. Neither we nor our Associates give, nor is anything on the website or any linked website to be construed as personal investment recommendations, financial, or tax advice of any kind. you are responsible for selecting the Plan and any investments.

Since we do not provide financial, investment or tax advice as part of the services, we are not required to assess the suitability or appropriateness for you of:

• the investments that you choose, that we may hold for you in your Account;
• the Plan that you choose; or
• he other Services we provide to you.

Suitability to invest is based on your financial situation and ability to bear any losses, your objectives and attitude to risk and whether you have the knowledge and experience to understand the risks involved.

The decision whether to allow you to open an Account is entirely ours and we may decide for any reason, or no reason, not to authorise you. We may, at our discretion, permit you to answer the questions again at a future date, but we are under no obligation to do so.

If you are in any doubt about the suitability or appropriateness of any particular Plan, investment or any part of the Service, we recommend that you speak with a financial adviser.

We will provide the Services with reasonable skill and care but, because we do not give advice, we cannot guarantee that they will meet your particular needs.

The impact of events and circumstances outside our control, including but not limited to the ongoing movements in the markets and fluctuations in the value of investments, will not automatically be deemed to be a breach of any Plan’s investment objectives or risk profile. Our Plans are managed on a fully discretionary basis to match defined risk profiles. This service enables us to make investment decisions on your behalf without needing to obtain your approval for those transactions. You will see on your periodic statements the changes that are made.

You are required to accept the risk profile and characteristics of the Plan selected. Where additional investment is made into a Plan it will be invested and managed in accordance with the Plan selected.

We will not accept specific instructions relating to individual investments within the Plan.

When funds have arrived, they will typically be invested within five (5) working days. There may be occasions when it will take longer than this.

By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that: 

• you are at least 18 years old and have the full legal capacity to accept these Terms;
• you have read the terms set out in these Terms and agree to be bound by and comply with them; and
• you shall ensure that you abide by these Terms.  

We are currently unable to offer Services to US passport holders or nationals of any country listed in the United States Department of Treasury’s Office of Foreign Assets Control website at http://www.treas.gov/ofac. 

You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

You must notify us immediately if you learn or suspect that the security of your username or password may have been breached. If we receive such a notification from you or determine ourselves that the security of your username or password may have been breached, you will not be able to access the website until measures have been taken to verify your identity.

We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to or your Account at any time. 

You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

Your online Account will allow you to view details of your Plan, for example, where your money is invested and the values. Your online Account also allows you to view Account literature and any other Important document that is relevant to your Plan. 

Any Instructions to change personal details or contact details on your Account may be made by you. It is important that you maintain the email address we have for you to ensure that any important communications or alerts are received. You should also make sure that your email settings are set up to receive emails from us.

If you open multiple Plans, you will automatically be able to view all the details and documents for the new Plan under the same Account.

In addition to your cancellation rights, we are be entitled to close one or more of your Plans or Account for the following reasons:

• if you have not given us any documents, we need to meet our regulatory or legal responsibilities;
• if you have failed to provide us with satisfactory evidence or documentation for us to complete our anti money laundering verification process;
• if we believe, that any information or declaration you have given to us when opening an Account or subsequently, is untrue, misleading, or incomplete in any material way, or if you fail to inform us of any information you later become aware of which makes any previous information untrue, misleading or incomplete;
• if under the terms of a court order; or
• if you have done or failed to do something which means we are unable to comply with our legal and/or regulatory obligations.

We will let you know in writing the date on which we will be closing your Plan or Account.

We will not be legally responsible for any remuneration, costs, charges, fees, expenses, taxes or other amounts which become payable by closing your Plans or Account.

You become a subscriber to your chosen Plan by completing the registration of an Account. 

Participation in your chosen Plan requires recurring payments and fees. These Fees will be notified to you through our website. 

If you subscribe to a Plan, the period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By subscribing to a Plan, you authorise us or our related corporations to automatically charge the Fees applicable to your Plan: 

upon the commencement of your first subscription period or at a date otherwise indicated by us; and 

on the renewal date of the subscription period thereafter, without any further action by you. 

Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Plan or any of the Services. 

You shall be responsible for any applicable taxes under these Terms.

All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

We will deduct our fee directly from your Plan as follows and will be clearly marked on your statements:

• Contribution Fee: 0.5% of contribution will be charged on the day of transaction.
• Withdraw for contribution over 12-month-old: 0.5% of total withdraw
• Withdraw of contribution less than 12 month: 4.9% of the withdraw that has partially or totally less than 12 months been contributed.

For clarity the following example may be used:

If you are to withdraw 1000 Euro and 890 Euro have been in your wallet for more than 12 month and 110 Euro have been your wallet for less than 12 months. You would be charge 0.5% on the 890 Euro and 4.9% on the 110 Euro. 

Please note: the forgoing is for illustrative purposes only. For further information on our Fees please refer to our website.

We have certain responsibilities under the Applicable Laws to verify the identity of, and run anti- money laundering checks on, our customers prior to their investing. In order to fulfil these responsibilities, we will use third-party identification checking services to confirm your identity when you first seek to invest, and we will carry out regular monitoring checks while you remain a customer. We may also use credit reference agencies for this purpose. This will place a search footprint on your electronic file and your personal details may be accessed by third parties for the specific purpose of anti-money laundering, credit assessment, identity verification, debt collection, asset reunification, tracing and fraud prevention.

We will not be liable for any losses, damages or costs arising from our conduct of the checks, your inability to make investments while the checks are pending or as a result of the unsatisfactory completion of the checks.

We are legally obliged to keep your affairs confidential. However, we may be required by Applicable Law to make a disclosure to the Estonian Financial Supervisory Authority or other governmental institution where we know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to this matter, we may not be able to tell you that a disclosure has been made. We may have to stop providing Services to you for a period of time and may not be able to tell you why. We shall not be liable in any way whatsoever for any loss or damage (including any costs, expenses or liabilities) of any kind incurred by you as a result of having to make such a disclosure or having to stop providing Services to you for such period of time.

We will send all notices, information and other correspondence to you to the email address you have provided us with when you set up your account. You agree as an ongoing obligation to provide us with an up-to-date email address and to inform us as soon as reasonably practicable if this should change. We are entitled to rely on the last email address you have provided, and an email sent to that email address shall be sufficient.

We cannot guarantee that general emails will be successfully delivered, or that they will be secure and virus free. We will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered, or for failing to be delivered for any reason beyond our reasonable control.

If we choose to correspond by post, communications will be sent to the address you provided when you set up your Account. 

We will not be liable for any error of transmission or misunderstanding, or for the fraud of any other party (except in the case of our negligence, wilful default or fraud).

You will be legally bound by the Terms so it is important on entering it, and on a periodic basis to confirm, that you have and will maintain full legal capacity and all necessary authority, permissions and powers, and have taken all necessary action to enable you to enter into these Terms lawfully and to grant us, rights and powers referred to in these Terms.

You agree to:

• co-operate with us in all matters relating to the Services;
• provide us with such information and materials as we may reasonably require in order to supply the Services and ensure that such information is true and accurate;
• regularly log on to your Account to review your Investments as well as any communication or documentation that may be added from time to time; and
• notify us promptly of any changes to your circumstances or information you provided.

If you wish to make a complaint in relation to our services, please contact us. If we are unable to resolve your complaint to your satisfaction, you can write directly to the Estonian Financial Supervisory Authority.

For your information we have provided a summary of the main risks that are associated with investing and opening an Account with us. This list is not comprehensive but should act as a guide for you to better understand the risks involved.

We do not provide investment advice and shall not at any time be under any duty to provide any such advice and shall not be regarded as having done so.

You are solely responsible for seeking your own advice and making your own independent assessment of the risks of transactions. We have not undertaken any assessment whatsoever of your personal circumstances and will not make any personal recommendation to you.

If you are unsure on any matter, you should consider taking independent professional advice, such as financial advice, legal and tax advice in relation to your individual circumstances and requirements.

The value of your investment is not guaranteed, and prices may go down as well as up. You may get back less than the amount you originally invested.

External factors may cause the value of your investments to fall. You are not certain to make a profit. You may make a loss. You may lose your entire investment.

If the value of your investment changes by less than the rate of inflation, it will have less buying power in the future.

We provide discretionary investment management, where your investments are managed by us. This means that we have discretion over both asset allocation and security selection in relation to the assets held for you. This means that your Plan and its performance will be specific to you, even when compared to a Plan with a broadly similar mandate.

We have a Compliance department which is responsible for ensuring that control structures and procedures are adequate to ensure compliance with all relevant laws, regulations, codes and practices relating to its business activities.

Our Compliance department is also responsible for:

• Maintaining and operating effective organisational and administrative arrangements with a view to taking all reasonable steps to prevent conflicts of interest from giving rise to a material risk of damage to the interests of clients; and
• Establishing, implementing and maintaining an effective written conflicts of interest policy which takes into account any circumstances, of which the firm is, or should be aware of, that give rise to a conflict of interest arising as a result of the structure and business activities of the firm.

The types of conflicts of interest which may arise include, but are not limited to the following:

• Acting for more than one customer in a transaction;
• Receiving gifts or entertainment which could conflict with our duties to you;
• Employees pursuing activities or personal relationships potentially detrimental to you;
• Holding information on other customers that would affect you or them if it was disclosed;
• Personal account holdings in investments being recommended by us;
• If an ESI employee has interest in the outcome of a service provided to the client or of a transaction carried out on behalf of the client, which is distinct from the client’s interest in that outcome;
• If an ESI employee has a financial or other incentive to favour the interest of another client or group of clients over the interests of the client.

We are committed to operating in the best interests of its clients and managing conflicts of interest fairly. Where ESI has a material interest or a conflict of interest, it may not knowingly deal or advise unless it has taken reasonable steps to ensure fair treatment for its clients.

No provision of the Agreement will be deemed to restrict, qualify or exclude any duty owed to you under applicable law or that applicable law does not allow to be excluded or restricted. Except and to the extent of any duties that we owe you in accordance with any statutory rights that we cannot lawfully exclude or restrict any liability therefor, we do not owe you any further duties except as expressly set out in this Agreement.

We will not be liable to you for any loss, damages or costs suffered or incurred by you except and only to the extent that such loss arises directly from our negligence, wilful default, or fraud. We will not be liable to you for any losses, damages or costs suffered or incurred by you:

• which could not have been reasonably anticipated by us when you gave us an instruction;
• in relation to any loss of business, loss of goodwill, loss of opportunity or loss of profit; or
• which are indirect or consequential.

Nothing in these Terms require you to compensate us to any extent prohibited by applicable law.

We will not be liable for any loss or damage of any kind that is attributable to:

• our failure to take any action which, in our opinion, might breach an a applicable law, or any action taken in order to comply with Applicable Law or the requirements of any market;
• any fall in the value of investments (including, without limitation, those which may occur due to delays during the process of verifying your identity in compliance with money laundering regulations);
• any reasonable refusal or failure to accept and / or execute any investment on your behalf; or
• our reasonable reliance on any information, instructions, notices or communications that we believe to be from you and/or a person authorised by you to give the same, including any person authorised to give instructions in respect of your Plan.

We will take reasonable care in the assessment and appointment of sub-custodians, pension scheme administrators, bankers, counterparties, agents and other third parties. Subject to the performance of that duty we will not be liable for any losses, damages or costs suffered or incurred by you that is attributable to the performance of any third party involved in the provision of the Services.

We will not be responsible for any liabilities arising because of any circumstance outside of its reasonable control. Such circumstances may include, but are not limited to, changes in applicable law, governmental, regulatory or judicial changes, currency restrictions, acts of God, civil unrest, war, terrorism, strikes, lock-outs, industrial disputes, breakdown in market systems or infrastructure (including of trading, clearing house, market participant or counterparty), failure, breakdown or disruption of electronic communications or other communications or computer service.

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise. 

We shall not be in breach of these Terms if there is, and shall not be liable or have responsibility of any kind for any loss or damage incurred by you as a result of, any total or partial failure, interruption or delay in performance of our duties and obligations occasioned by any act of God, fire, act of government, state, governmental or supranational body or regulatory authority or war, civil commotion, terrorism, failure of any computer dealing system, interruptions of power supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond our reasonable control.

A person who is not a party to this Agreement will not have any benefits under this Agreement and will not have any rights to enforce its terms.

These Terms are personal to you, and you may not transfer or assign any rights or obligations to any third party. We may assign or transfer its rights and obligations under the Agreement to any Affiliate or to any successor business. If this occurs, you will be notified by email. We will only transfer your money and/or assets to another person who we believe will hold them under applicable law or in respect of whom we have exercised all required due skill, care and diligence in assessing whether that person will apply adequate measures to protect it. If you object to such an assignment, you may terminate this Agreement and close your Account with us in accordance with these Terms.

These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Estonia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Estonia.

We may collect and process the following data which may contain Personal Data:

• information that you provide by filling in forms, including information provided at the time of registering to use our website, subscribing to any services provided by us, posting material, reporting a problem with our website, or requesting further services;
• information, data, documents or images that you upload onto our website;
• details of transactions you carry out through our website;
• details of your visits to our website, resources that you access and actions you are working on through the website;
• and if you contact us, a record of that correspondence.

Our website logs your website visit. In doing so, we process:

• date and time of the access,
• the amount of data transferred,
• the browser type and version,
• the operating system you use,
• the referrer URL (the previously visited web site),
• your IP address,
• the requesting provider.

The legal basis for data processing is my legitimate interest in the ongoing provision and security of our website. The log file is deleted after seven days, unless it is needed to prove or clarify specific legal violations that have become known within the retention period.

We may also collect and process information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our business partners. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

Please refer to our Cookie Policy for more information on how we use cookies.

The Personal Data that we collect may be transferred to, and stored at, a destination outside Germany and the EEA. It may also be processed by staff operating outside Germany and the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your services ordered by you, the processing of your payment details and the provision of support services. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

We use information held, including Personal Data, in the following manner:

• to ensure that content from our website is presented in the most effective manner for you and for your computer;
• to provide you with information or services that you request from us, and to otherwise carry out our obligations arising from any contracts entered into between you and us;
• to provide you with information, products or services which we feel may interest you, where you have consented to be contacted for such purposes;
• to allow you to participate in interactive features of our service, when you choose to do so;
• to notify you about changes to our services;
• to investigate any complaints relating to the use of our website or any suspected unlawful activities;
• complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
• any other purposes for which you have provided the information;
• and carrying out whatever else is reasonable or related to or in connection with the above and our provision of goods and/or services to you.

We may disclose your Personal Data to third parties:

• for the purposes of providing products or services that you request from us, fulfilling our obligations arising from any contracts entered into between you and us, processing payments in connection therewith or otherwise in connection with your use of our website;
• where a third party claims that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law, in which case we may disclose your identity to that third party;
• in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets; or
• if we or substantially all of our shares or assets are acquired by a third party, in which case Personal Data held by us about our customers will be one of the transferred assets.

We may also disclose your Personal Data to a governmental or regulatory body, law enforcement, or other authorities, in order to enforce our terms of use for the website, to cooperate with any direction, request or order from such parties or to report any suspected unlawful activity.

By providing your Personal Data to us, you consent to the collection, use and disclosure of your Data by us for the purposes set out in this privacy policy (“Purposes”).

Where any Personal Data relates to a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.

Each use of our services by you shall constitute a fresh agreement for us to collect, use and disclose the Personal Data in accordance with this privacy policy.

You may withdraw your consent and request us to stop using and/or disclosing your Personal Data for any or all of the Purposes by submitting your request to us in writing to Contact@esi.one. Should you withdraw your consent to the collection, use or disclosure of your Personal Data, it may impact our ability to proceed with your transactions, agreements or interactions with us. Prior to you exercising your choice to withdraw your consent, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies) or undertaking any steps as we may be entitled to at law.

a) Information
Upon request, we will provide you at any time and free of charge with information about all personal data that we have stored about you.

b) Correction, deletion, restriction of processing (blocking), objection
If you no longer agree with the storage of your personal data or if this data has become incorrect, we will arrange for the deletion or blocking of your data or make the necessary corrections (insofar as this is possible according to the applicable law) on the basis of a corresponding instruction. The same applies if we are only to process data in a restrictive manner in the future. You have the right to object in particular in cases where your data is required for the performance of a task that is in the public interest or in our legitimate interest, as well as profiling based on this. You also have such a right of objection in the event of data processing for the purpose of direct advertising.

c) Right to revoke consent with effect for the future
You may revoke your consent at any time with effect for the future. Your revocation will not affect the lawfulness of the processing up to the time of revocation.

d) Data portability
If data is processed on the basis of a contract, pre-contractual negotiations, consent or with the help of automated procedures, you have the right to data portability. Upon request, we will provide you with your data in a common, structured and machine-readable format so that you can transfer the data to another data controller if you wish.

f) Exercise of your data subject rights and right of appeal
To assert these rights, please contact us using Contact@esi.one. The same applies if you have questions about data processing in our company. You also have the right to lodge a complaint with a data protection supervisory authority.

We endeavour to ensure that all decisions involving your Personal Data are based upon accurate and timely information. However, we rely on you to disclose all relevant information to us and to inform us of any changes in your Personal Data. As such, please disclose all relevant information necessary for us to provide services to you and ensure all information submitted to us is up-to-date, complete, and accurate. Kindly inform us promptly if there are any changes in your Personal Data.

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable legal fees, which may arise from or relate to your use or misuse of the website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defence if we wish.

We may retain your Personal Data for at least 10 years, or such other longer or shorter period as may be necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your Personal Data or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected, and is no longer necessary for legal or business purposes.

Our website may, from time to time, contain links to and from the websites of our partner networks, business partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.

We do not use automated decision-making - including profiling in accordance with Article 22(1) and (4) of the GDPR.

We use technical and organisational security measures to protect the processing of personal data, in particular against accidental or intentional manipulation, loss, destruction or against attack by unauthorised persons. Our security measures are continuously improved in line with technological developments.

This policy and our commitment to protecting the privacy of your personal data can result in changes to this policy. Please regularly review this policy to keep up to date with any changes.

Any comments or queries on this policy should be directed to us. If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.

Cookies are small files that are stored on your computer when you visit a website. The next time you visit, the website can recognise the file. The files are thus typically used to compile statistics or for behavioural advertising purposes. Cookies help us to provide you with our services on our website and are partly necessary for website functionality purposes. The personal data stored in our cookies is encrypted.

We collect and process data for the following purposes:

• Optimisation of the website and your user experience
• Creation of statistics on the use of the website by you and other users
• Creation of statistics and analyses with the aim of improving our products, services and technologies
• Advertising purposes, including profiling and behavioural advertising initiatives, so that we can make our product information and offers as relevant as possible to you
• Compliance with applicable legal requirements (e.g., General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications Regulations (PECR)), including documentation requirements:
• Compliance with basic principles concerning the processing of personal data and legal basis for the processing (e.g., obtaining consent)
• Implementation and maintenance of technical and organisational security measures
• Investigation of suspected or known security breaches and notification to data subjects and authorities
• Statistics on the use of the website

Cookies are stored on your computer for different lengths of time depending on their type. From a technical point of view, a distinction is made between two types of cookies:

Session cookies: session cookies are used, for example, to temporarily store the items in your shopping cart while you navigate the website. Session cookies are not stored on your device and disappear when you close your browser.

Persistent Cookies: Persistent cookies are stored as text files on your device. Persistent cookies allow our server to recognise your device the next time you visit our website.

The provision of information about our use of cookies is in accordance with the Privacy and Electronic Communications Regulation on Mandatory Provision of Information and Mandatory Consent in the context of data storage or data access on end-user devices. The legal basis for the collection of your personal data through cookies, including for profiling purposes, is your consent.

If you have any questions or comments about our Cookie Policy or wish to exercise your rights under applicable laws, please contact us using Contact@esi.one.

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

Cookies are small text files that can be used by websites to make a user’s experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we need your permission.

This site uses different types of cookies. Some cookies are placed by third party services that appear on our pages.

There are different types of cookies:

Functional cookies are essential cookies to provide a correct and user-friendly website. Some examples:

• Storing your language preferences;
• Detecting abuse or fraud;
• Storing browser settings to display the website according to the screen size.

These cookies are typical third party cookies that we use to collect statistical data about how our website is used, including:

• Average page load time;
• Pages visited;
• Browser data;
• IP address;
• MAC address;
• Duration of a (page) visit;
• Data about the operating system;
• Data about the device used;
• Clicking behaviour and other interactions on one or more pages.

The main purpose of these cookies and their statistical data is, after analysis, to optimise our performance, security, usability, content and services.

Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyse your behaviour on a website (‘analytical’ cookies) or cookies used to display advertisements to you (‘advertising’ cookies).

When you visit our website, one or more cookies are automatically stored on your device. If you do not want this to happen, it is best to use the following links (depending on the browser you use) to set your browser to prevent cookies from being stored on your computer in the future.

• Delete cookies in Google Chrome
• Delete cookies in Mozilla Firefox
• Deleting Flash cookies
• Delete cookies in Microsoft Internet Explorer
• Delete cookies in Opera
• Delete cookies in Safari

If your browser is not listed above, it's best to check your browser's help menu or search the Internet for "cookies" in conjunction with your browser's name.

We may update our Cookie Policy from time to time. This might be for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use cookies. We recommend that you check here periodically for any changes to our Cookie Policy.

Money laundering is the process of channelling ‘bad’ money into ‘good’ money to hide the fact that the money originated form criminal activity, and often involves three steps:

• Placement - Cash Assets is introduced into the financial system by some means;
• Layering - a financial transaction to camouflage the illegal source;
• Integration - acquisition of financial wealth from the transaction of the illicit funds.

Money laundering is the term used for a number of offences involving the proceeds of crime or terrorism funds. Organised crime groups and corrupt elites launder the proceeds of crime through the EU and its member states to fund lavish lifestyles and reinvest in criminality. Most financial transactions through and within the EU and its member states are entirely legitimate, but its role as a global financial centre and the world’s largest centre for cross-border banking makes the EU and its member states vulnerable to money laundering.

The following constitute the act of money laundering:

• concealing, disguising, converting, transferring criminal property, or removing it from the EU and its member states; or
• entering into or becoming concerned in an arrangement which you know, or suspect, facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person; or
• acquiring, using, or possessing criminal property.

These are the primary money laundering offences and thus prohibited acts under the legislation. There are also two secondary offences: failure to disclose any of the primary offences and tipping off. Tipping off is where someone informs a person or people who are, or are suspected of being involved in money laundering, in such a way as to reduce the likelihood of their being investigated or prejudicing an investigation.

Potentially any person could be caught by the money laundering provisions if they suspect money laundering and either become involved with it in some way and / or do nothing about it. The Policy sets out how any concerns should be raised.

Whilst the risk to Esi.one of contravening the legislation is low, it is extremely important that all employees are familiar with their legal responsibilities: serious criminal sanctions may be imposed for breaches of the legislation. The key requirement on employees is to promptly report any suspected money laundering activity to a member of Esi.one’s Senior Management Team.

Violations of Anti Money Laundering Laws may lead to severe civil and/or criminal penalties against companies and individuals, including significant monetary fines, imprisonment, extradition, blacklisting, revocation of licences, and disqualification of directors.

In addition, violations of Anti Money Laundering Laws can lead to damaging practical consequences, including harm to reputation and commercial relationships, restrictions in the way we can do business, and extensive time and cost in conducting internal investigations and/or defending against government investigations and enforcement actions.

Where any suspicions arise that criminal conduct may have taken place involving a customer, colleague or third party, you should consider whether there is a risk that money laundering or terrorist financing has occurred or may occur.
Some examples of red flags to be reported include:

• A customer provides insufficient, false or suspicious information or is reluctant to provide complete information Methods or volumes of payment that are not consistent with the payment policy or that are not customarily used in the course of business, e.g., payments with money orders, traveller’s checks, and/or multiple instruments, and payments from unrelated third parties;
• Receipts of multiple negotiable instruments to pay a single invoice;
• Requests by a customer or partner to pay in Cash;
• Early repayments of a loan, especially if payment is from an unrelated third party or involves another unacceptable form of payment;
• Orders or purchases that are inconsistent with the customer’s trade or business;
• Payments to or from third parties that have no apparent or logical connection with the customer or transaction;
• Payment to or from countries considered high risk for money laundering or terrorist financing;
• Payments to or from countries considered to be tax havens or offshore jurisdictions;
• Payments from countries unrelated to the transaction or not logical for the customer;
• A customer’s business formation documents are from a tax haven, or a country that poses a high risk for money laundering, terrorism or terrorist financing, or a country that is not logical for the customer;
• Overpayments followed by directions to refund a payment, especially if requested to send the payment to a third party;
• Any customer for whom you cannot determine the true beneficial owner;
• Structuring transactions to avoid government reporting or record keeping requirements;
• Unusually complex business structures, payment patterns that reflect no real business purpose;
• Wire transfer activity that is not consistent with the business activities of the customer, or which originates or terminates with parties unrelated to the transaction;
• Unexpected spikes in a customer’s activities.

The above is not intended to be an exhaustive list. Deviation from customer and accepted business practice should alert you to further investigate the activity in accordance with this Policy.

Esi.one’s Senior Management is responsible for ensuring that the Company has a culture of compliance and effective controls to comply with Anti Money Laundering Laws and regulations to prevent, detect and respond to money laundering and counter-terrorism financing and to communicate the serious consequences of non-compliance to employees.

You have the obligation to read and follow this Policy, to understand and identify any red flags that may arise in their business activities and to escalate potential compliance concerns related to Anti Money Laundering to the Company Secretary or Esi.one Senior Management without notifying anyone involved in the transaction and should not take any actions prior to receiving advice and/or instructions.

It is our policy to carry out due diligence ("DD") at the outset of any business relationship and, if necessary, where any red flags arise subsequently on our suppliers, distributors, counterparties, agents and any person with whom Esi.one has an established business relationship that will involve the transfer to or receipt of funds ("Customers"), so we can be satisfied that they are who they say they are and so that we can ensure that there are no legal barriers to working with them before contracts are signed or transactions occur. Various factors will determine the appropriate forms and levels of screening.

You should escalate any instances where you have cause for suspicion as a result of carrying out DD and ongoing monitoring to Company Secretary or Esi.one’s Senior Management, who will advise them regarding which tools and processes should be used to facilitate appropriate screening.

You must, in consultation with the Company Secretary or Esi.one’s Senior Management, carefully consider screening outcomes before deciding whether to do business with the third party.

Finance managers must regularly monitor and/or review Customers to identify business activity or governance that could indicate money laundering or terrorist financing is taking place.

Record-keeping is an essential component of the audit trail required to assist in any investigation. You must maintain records as evidence of the DD and ongoing monitoring undertaken.

Any Esi.one employee or contractor, who violates this Policy may be subject to appropriate disciplinary action, independently from potential other penalties resulting from their behaviour.

In support of this policy, Esi.one will:

• make all staff aware of the requirements and obligations placed on the Company and on themselves as individuals by the anti-money laundering legislation; and
• give targeted training to those most likely to encounter money laundering.

We will monitor account activity for unusual size, volume, pattern, or type of transactions, taking into account risk factors and red flags that are appropriate to our business. Monitoring will be conducted by means of automated monitoring and the relevant risk profile will serve as a baseline for assessing potentially suspicious activity. We will be responsible for this monitoring, will review any activity that our monitoring system detects, will determine whether any additional steps are required, will document when and how this monitoring is carried out, and will report suspicious activities to the appropriate authorities. In addition, all employees will receive training once a year on how to identify money laundering and fraud-related operations.

No payment to Esi.one should automatically be accepted in Cash Assets if it exceeds €10,000. This does not, however, mean that Cash Assets transactions below this value will be valid and legal and should not raise suspicion. Professional scepticism should be retained at all times.

Staff who process payments are asked to provide the details of any Cash Assets transaction over €10,000 to the Company Secretary so that precautionary checks can be performed.

Esi.one, in the normal operation of its services, accepts payments from individuals and organisations. If an employee has no reason to suspect or know that money laundering activity is taking place and if the money offered is less than €10,000 in Cash Assets as payment or part payment for goods/services offered by Esi.one then there is no need to seek guidance from the Company Secretary.

If a member of staff has reasonable grounds to suspect money laundering activities or proceeds of crime, or is simply suspicious, the matter should still be reported to the Company Secretary. If the money offered is €10,000 or more in Cash Assets, then payment must not be accepted until guidance has been received from the Company Secretary even if this means the person has to be asked to wait.

Any officer involved in a transaction of this kind should ensure that the person provides satisfactory evidence of their identity personally, through passport/photo driving licence plus one other document providing evidence of current address in the form of a bank statement, credit card statement, insurance details or a utility bill. Where the other party is a company, this can be done through company formation documents or business rate bill.

Any employee who becomes concerned that their involvement in a matter may amount to a prohibited act under the legislation, must disclose this promptly to the Company Secretary or deputy. The disclosure should be at the earliest opportunity of the information coming to your attention, not weeks or months later. Should you not do so, then you may be liable to prosecution.

The employee must follow any subsequent directions from the Company Secretary or deputy and must not make any further enquiries themselves into the matter.

Additionally, they must not take any further steps in the transaction without authorisation from the Company Secretary or deputy.

The employee must not disclose or otherwise indicate their suspicions to the person(s) suspected of money laundering. The person concerned should be advised that routine Council procedures require secondary authorisation prior to large Cash Assets amounts being processed. The employee must not discuss the matter with others or note on a file that a report has been made to the Company Secretary in case this results in the suspect becoming aware of the suspicion.

The strategy will be subject to regular review as part of the Annual Fraud Report, which will make recommendations for any required changes to it. This Policy may be updated from time, and the updated version of the Policy will be immediately made available to all staff.