Terms & Conditions

Company Profile

Name: Pathology Associates Co. Ltd.
Business: Investment Advisory Service
Director: Dion Stéfan Büchner
License: Investment Advisory and Agency Business Operator Director – General of the Kanto Local Finance Bureau (Kinsho) No.: 3183
Membership: Japan Investment Advisors Association (JIAA)

Terms of Use

THIS SITE IS INTENDED FOR QUALIFIED INSTITUTIONAL INVESTORS AND PROFESSIONAL INVESTORS ONLY.

By using the website www.pathologyassociates.co.jp (“Site”), you confirm that you have read, understood, accepted, and agree to be bound by the terms and conditions set forth on the Site. These terms and conditions are subject to change. We will notify you of amendments to these terms by posting them to the Site and you agree to be bound by such agreements as well. If you do not agree with these terms and conditions, please do not access this Site.

You acknowledge that Pathology Associates Co. Ltd (“Pathology Associates”) may disclose and transfer any information that you provide through this Site to (i) any affiliates of Pathology Associates, its or affiliates’ agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this website you agree to such transfers. Any information about you that we provide through this website to third parties will comply with applicable law within the various regions. For more details, please refer to our “Privacy Policy” section.

Use of this Site may be monitored, tracked and recorded. Anyone using this Site expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms and Conditions posted on the Site during each session.

The contents in this Site are for informational purposes only and do not solicit or refer to a specific investment product nor investment service.

Authorised Users
The information on this Site is intended to be accessed exclusively by Qualified Institutional Investors or Professional Investors, as defined in each region. This Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this Site is prohibited. Persons in respect of whom such prohibitions apply must not access this Site.
It is the responsibility of any persons who access the information contained herein to observe all applicable laws and regulations of their relevant jurisdiction. By proceeding, you are representing and warranting that the applicable laws and regulations of your jurisdiction allow you to access the information.

Japan – “Qualified Institutional Investor” according to Article 2, Paragraph 3, Item 1 of the Financial Instruments and Exchange Act (“FIEA”) and Article 10 of the Cabinet Office Ordinance on Definitions under Article 2 of the Financial Instruments and Exchange Act (“Definition Ordinance”). “Professional Investor” according to Article 2, Paragraph 31, Item 4 of the FIEA and Article 23 of the Definition Ordinance.

Switzerland – “Retail clients” according to Art. 4 Abs. 2 FinSA. “Professional/Institutional investors” according to Art. 4 paragraph 3-5 and Art. 5 paragraph 1 and 3-4 FinSA and Art. 10 paragraph 3 and 3ter CISA in conjunction with Art. 6a CISO.

No Offer/Local Restrictions
Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or offer, or recommendation, to acquire or dispose of any security, commodity, investment or to engage in any other transaction.

Pathology Associates offers a number of products and services designed specifically for various categories of investors. Not all products will be available to all investors. The information provided on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence or otherwise. Persons under these restrictions must not access the Site.

The information published and opinions expressed are provided by Pathology Associates for informational purposes only and are subject to change without notice. Pathology Associates makes no representation (either express or implied) that the information and opinions expressed on the Pathology Associates website are accurate, complete, or up to date. In particular, Pathology Associates shall not be obliged to remove any outdated information from the Site or to expressly mark it as being outdated.

Nothing contained on the Site constitutes financial, legal, tax or other advice, nor should any investment or any other decisions be made solely based on the Pathology Associates website content. Pathology Associates recommends that investors independently assess, with a professional financial advisor, the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences.

This Site published by Pathology Associates is directed only at legal and natural persons seated or domiciled in countries in which the mentioned investment funds or its respective share classes are duly registered or approved for public distribution, offering or sale according to the applicable local laws.

Fees – Client shall pay service fees as stipulated in “SOLUTIONS” on the Site.

Risks – Pathology Associates shall provide equity and credit analysis of mainly life science companies that are governed by the Investment Advisory Business under Article 2, Paragraph 8, Item 11 of the Financial Instruments and Exchange Act. However, value of the invested companies and their shares may change and fluctuate in future.  There is a risk that you may lose your invested principal and suffer loss or damage even when you invest based on our recommendations.

Performance
Past performance should not be seen as an indication of future performance. The future performance of any particular stock / company is not guaranteed. The recommendations on Pathology Associates website is our view on the particular stock and not in any case is the guarantee of the performance of stock.

Limitation of liability
Pathology Associates disclaims, without limitation, all liability for any loss or damage of any kind, including any direct, indirect, or consequential damages, which might be incurred through the use of or access to the Pathology Associates website, or any links to third-party websites.

Furthermore, Pathology Associates disclaims all liability for any tampering with the Internet user’s computer system by unauthorized parties. In this regard, Pathology Associates expressly reminds of the risk of viruses, and the possibility of targeted attacks by hackers. In order to combat viruses, it is recommended that the most recent browser versions be used, and that anti-virus software be installed and continually updated. As a rule, the opening of any e-mail from an unknown source as well as any unexpected attachment to an e-mail message should be avoided.

Although the information contained in the Site has been obtained from and is based upon sources that Pathology Associates believes to be reliable, no representation of any kind is made that the information is accurate, complete or timeliness. Unless otherwise stated, all figures are unaudited. Pathology Associates does not accept liability for any loss arising from the use of the published site/s.

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

Use of the Pathology Associates website
The entire content of Pathology Associates website is subject to copyright with all rights reserved. You may save or print out a hard copy of individual pages and/or sections of the Pathology Associates website, provided that you do not remove any copyright or other proprietary notices. With any saving or otherwise copying from the Pathology Associates website the terms and conditions for use shall be deemed to have been accepted.

All property rights shall remain with Pathology Associates. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Pathology Associates website without the prior written permission of Pathology Associates.

Upon any expiration or termination of Agreement or Oder Form, subscriber / recipient will promptly delete / destroy all information received at anytime and under any conditions from Pathology Associates that it has in its possession or control. All information / material from Pathology Associates is for exclusive use of fully paid subscriber in good standing.

Use of material information analysis / opinion from Pathology Associates is strictly limited to the individual listed in the order form. Storage / archiving / sharing or use post expiration of the applicable subscription is prohibited.

Data protection
By accessing this Site, you state that you agree with the data protection statement. If you do not agree with this statement you should refrain from accessing any further pages of this website. This statement may be updated at any time. We therefore recommend that you check this statement regularly.

Governing law – This Site may be accessed from various countries and territories throughout the world where different laws may be applicable. However, as a user of this website, you shall be deemed to have agreed with Pathology Associates that the laws of Japan shall govern your use of this website. All disputes in relation to this Site shall be referred to the exclusive jurisdiction of the Tokyo District Court of Japan, which shall have exclusive jurisdiction as the court of first instance.

Privacy Policy

Privacy Principles – Pathology Associates Co. Ltd (“Pathology Associates”) and its affiliates are fully committed to protecting the privacy interests of individuals who provide us with information about themselves and to complying with the requirements of each jurisdiction’s Personal Data Privacy Laws. In doing so, we comply with strict internal standards of security and confidentiality.

Your privacy is important to us. This Online Privacy Policy explains what and how we collect, share, use, and protect your personal information when you visit or use this and other online services offered by Pathology Associates that link to or reference this Privacy Policy (collectively, our “Online Services”). Contact details are provided below.

We take our responsibility to protect the privacy that link and confidentiality of your information, including personal information, very seriously. We maintain physical, electronic and procedural safeguards that comply with applicable legal standards to secure such information from unauthorized access and use, accidental or unlawful alteration and destruction, and other unlawful or unauthorized forms of Processing.

Type of information we collect and how we use it
Pathology Associates obtains your personal information (PI) as may be necessary in the course of undertaking its business.

The types of personal information we collect from you when you visit or use our Online Services include your name, email address, mailing address, telephone number(s), account numbers, limited location information (for example, a zip code), username and password. We may also collect payment card information, Social Security numbers, driver’s license numbers (or comparable), gender and nationality when you provide it directly to us while using our Online Services and where we believe it is reasonably required for ordinary business purposes. In some instances, we create personal information about you, such as records of your interactions with us, and details of your accounts. We do not seek to collect or process sensitive personal information unless it is required or permitted by law; necessary for the detection or prevention of crime; necessary to establish, exercise or defend legal rights; or we have your prior explicit consent.

In addition to the personal information described above, we collect certain information about your use of our online services. The personally identifiable information which we collect at the web site may comprise any or all of the following: i. the IP address of the visitor’s personal computer; the country from which the inquiry is made; the pages visited; the time at which a visit is made and the browser type; and ii. certain personal details of the visitor (these may for instance include his/her name;); contact details; whether the visitor holds any professional licenses, e-mail address and wishes to receive information and if so, what kind of information. This PI information, when collected, is not electronically encrypted. As explained in more detail in our COOKIES POLICY, we and our third-party partners use cookies (as well as web beacons or other technologies) to collect and store this and other information about your visit to, or use of, our online services. We may later associate the usage and other information we collect online with personal information about you, as permitted or required by law.

We sometimes collect information about you from additional online and offline sources including social media (to the extent you choose to make your personal information public) and commercially available third-party sources, such as credit reporting agencies. We may combine this information with the personal and other information we have collected about you under this Online Privacy Policy.

We use and otherwise process the information we collect from you to help us deliver our Online Services; to administer, evaluate and improve our business (including developing new products and services, improving existing products and services, performing data analytics and other research tasks, communicating with you via any means, and performing accounting, auditing and other internal functions); manage our risks; to market our services and products; and to comply with and enforce applicable laws and regulations, relevant industry standards, contractual obligations and our policies. We also use data that we collect on an aggregate or anonymous basis (such that it does not identify any individuals or clients) for various business purposes, where permissible under applicable laws and regulations.

What do we do with the data
We take reasonable steps to ensure that the personal information we process is limited to what we require in connection with the purposes set out in this Policy; it is accurate and, where necessary, kept up to date; and it is erased or rectified without delay if it is inaccurate. From time to time, we may ask you to confirm the accuracy of your personal information.

For some of our Online Services, you can review or update certain account information by logging in and accessing the “My Account” section. If you cannot change the incorrect information online, or you prefer to request changes offline, you can reach us though “Contact Us” form.

We will retain copies in a form that permits identification for as long as we deem necessary in connection with the purposes set out in this PRIVACY POLICY, unless applicable law requires a longer retention period. In particular, we will retain personal information for as long as it is needed to establish, exercise or defend any legal rights.

For your convenience, Pathology Associates offers you the ability to access some of our products and services through mobile applications and mobile-optimized websites. When you interact with us through your mobile device, we collect information such as unique device identifiers, your screen resolution and other device settings, information about your location, and analytical information about how you use your mobile device. We typically ask your permission before collecting certain information such as precise geolocation information.

Purpose of Use – By providing us personal data (including sensitive data), you accept that your personal data be processed by us for the purposes described in this PRIVACY POLICY.

Personally identifiable information may be used for; (i) Providing advisory and other activities for our clients, to enter into asset management contracts and all other types of contracts with our clients, and to manage those contracts in relation to asset management, asset maintenance, real estate investment and the like; (ii) Administering relationships and related services; (iii) Operational purposes, and statistical analysis (including behaviour analysis); (iv) Conducting market or customer satisfaction research; (v) Providing individuals with information concerning products and services which we believe will be of interest; (vi) Compliance with any requirement of law, regulation, associations, voluntary codes we decide to adopt, or good practice, anywhere in the world; (vii) Confirming and verifying an individual’s identity (this may involve the use of a credit reference agency or other third parties acting as our agents) and to conduct due diligence; and (viii) To actual or potential purchasers of parts of our business, and their respective advisers and insurers, and in relation to the transfer of our contractual rights and/or obligations.

We may also screen against publicly available government and/or law enforcement agency sanctions lists. The detection, investigation and prevention of fraud and other crimes or malpractice. For the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), for obtaining legal advice or for establishing, exercising or defending legal rights, Pathology Associates may use your personal information.

If we or any person to whom we disclose personal data otherwise have a right or duty to disclose the personal data or are allowed or compelled by law to do so. For example, financial institutions and payments and messaging service providers may from time to time be required, under subpoena or otherwise, to provide certain transaction information to authorities or other official bodies, whether located in your local jurisdiction or overseas, to assist in the prevention of terrorism, money laundering and other crimes.

Provision to Third Parties – Except where required by law or provided in this Privacy Policy, we will not disclose any individual’s personal information to a third party without the consent of that individual.

Pathology Associates does not allow unaffiliated third parties to collect personal information about your online activities when you visit our online services. Nor do we use personal information collected across non-affiliated websites for the purpose of serving you advertising related to your browsing behavior. If we engage in this practice in the future, we will provide appropriate notice and choice so that you can opt-out of the practice.

For Purpose of Use, we disclose or share personal information among subsidiaries or affiliates of Pathology Associates, their agents, auditors, service providers, regulators, governmental or law enforcement agencies or any person we reasonably think necessary  when we believe it will enhance the services we can provide and that your personal data be therefore transferred and processed in countries where the level of protection of personal data is not always equivalent to the level of protection that may be provided in your own country but only in circumstances where such sharing conforms to law, any applicable confidentiality agreements, and our policies and practices. Additionally, we reserve the right to share your personal information in connection with a corporate change including a merger, acquisition or sale of all or any relevant portion of our business or assets.

We disclose information we have about you as required or permitted by law. For example, we share information with regulatory authorities and law enforcement officials when we believe in good faith that such disclosure is necessary to comply with legal requirements.

We share information with third parties where appropriate to protect against fraud or verify or enforce our terms of use, our other rights, or other applicable policies.

From time to time, we enter into agreements with other companies to provide services to us, or to make services and products available to you. If these companies receive your personal information, they are required to safeguard it and only use it for those purposes we specify.

We can share your personal information with any person or entity if we have your consent to do so.

Amendments, Additions and Deletions – In the event that any individual whose personal information we hold wishes us to amend, supplement or delete that information, we will, without delay, after first confirming the identity of the individual making such request, make the relevant change so that the corresponding personal information is in accordance with the facts.

Suspension and Cessation of Use – In the event that any individual whose personal information we hold wishes us to suspend, or cease our use or limit the purpose of the use (for example, to stop sending direct mails, etc.) of that information or to delete the information, or cease providing that information to a third party, we will, without delay, after first confirming the identity of the individual making such request and ascertaining that there is a reason for the request, implement the relevant suspension, limitation , deletion or cessation.

Contact
Procedure
All requests in relation to an individual’s personal information, and any inquiries or complaints regarding the Pathology Associates’ handling of personal information should be made to the following address. Requests, inquiries and complaints shall be made in accordance with the procedures separately stipulated by Pathology Associates. Please note that we may not be able to respond to requests for disclosure and the like unless such procedures are followed.

Level 20, Marunouchi Trust Tower- Main, 1-8-3 Marunouchi, Chiyoda-ku, Tokyo, 100-0005″
E: [email protected]
T: +81-3-6269-3175

Fee
Requests for notification of the purpose of the use of personal information or for the disclosure of personal information held will incur a handling fee of JPY 10,000 per request (inclusive of consumption tax and local consumption tax), which may be paid by bank transfer or other methods.

Authorized Personal Information Protection Organization
We are an association member of the Japan Securities Investment Advisers Association as follows. The Association handles complaints and inquiries in relation to the handling of Personal Information by its members.
Japan Investment Advisers Association
Customer Inquiries for complaints/consultation (for Personal Information)
Tel: +81-3-3663-0505
Office Hours: Monday through Friday from 9:00 am to 5:00 pm (excluding national holidays)
 

Cookie Policy

This site (“Site”) uses cookies to store information on your computer. This Cookie Policy explains how we use cookies and may be amended, from time to time, without notice. By using this Site you agree to the placement of cookies on your computer in accordance with the terms of this Cookie Policy. If you do not wish to accept cookies from this Site please either disable cookies or refrain from using this site. Please note that by disabling cookies in your browser settings this site may not function correctly.

What are Cookies?
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the Site can recognise you when you revisit and remember certain information about you. This can include which pages you have visited, choices you have made from menus, any specific information you have entered into forms and the time and date of your visit.

Our use of Cookies
This Site uses these types of cookies.

Strictly necessary cookies: these cookies are essential in order to enable you to move around the Ste and use its features, such as accessing secure areas of the Site. Without these cookies, services you have asked for cannot be provided.

Performance cookies: these cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.

Functionality cookies: these cookies allow the Site to remember choices you make (such as your username, language or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

Advertising cookies: the AdWords remarketing functionality allows us to display banners ads on third-party websites to our website’s visitors.  We use the AdWords remarketing tags which set information within a doubleclick.net cookie.  Doubleclick.net is the domain that serves ads for Google’s Display Network.  Google serve their ads based on a visitor’s interests and you can find out more information by reading their ad preferences:

Google Ads Preferences
Google’s doubleclick.net cookie is used for conversion tracking purposes, to track the performance of AdWords campaigns.  If you visit certain pages on our website within 30 days of clicking on one of our ads, Google will be able to tell that your visit was a result of a click on one of these ads.  If you’d like to know more about how Google handles information gathered from the use of cookies, please read their privacy policy:

Google Privacy Policy
To ensure that you are using this Site with full and up-to-date information of how we use cookies please review this policy regularly as any amended Cookie Policy will be updated on the site.

Refusing Cookies on this Site
Most browsers are initially set to accept cookies. However, you have the ability to disable cookies if you wish, generally through changing your internet software browsing settings. It may also be possible to configure your browser settings to enable acceptance of specific cookies or to notify you each time a new cookie is about to be stored on your computer enabling you to decide whether to accept or reject the cookie. As our cookies allow you to access some of our website’s essential features, we recommend that you leave cookies enabled, otherwise, if cookies are disabled, it may mean that you experience reduced functionality or will be prevented from using this site altogether.

Accessibility Statement

In the creation of this Site, Pathology Associates Co. Ltd is committed to making the content accessible to the widest possible audience. Our aim is to ensure that web pages available on this site comply with Priority 1 and a number of Priority 2 items of the W3C Web Content Accessibility Guidelines and best practice recommendations as stated by the Web Accessibility Initiative.

Our goal of continuous improvement means that we regularly review pages and documents to upgrade any legacy content to comply with current accessibility standards.

If you are a person with a disability and need additional support in viewing the material, please call us at +81-3-6269-3175 / +41-44-551-9805 for assistance.