PRIVACY POLICY AND END USER AGREEMENT
GRANQUIST CAPITAL MANAGEMENT, (‘us’, ‘we’, or ‘our’) operates the GRANQUIST CAPITAL MANAGEMENT app and website (the ‘Service’).
This privacy policy sets out how GRANQUIST CAPITAL MANAGEMENT uses and protects any information that you give when you use this app. GRANQUIST CAPITAL MANAGEMENT is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this app, then you can be assured that it will only be used in accordance with this privacy statement. GRANQUIST CAPITAL MANAGEMENT may change this policy from time to time by
updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from April. 1, 2024.
What we collect
We may collect the following information:
1. Name.
Contact information including email address and cell phone number.
Other information relevant to customer surveys and/or offers.
2. What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the App according to your interests.
3. Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
4. How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our App and website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better App and website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the App.
5. Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
– Whenever you are asked to fill in a form on the App and website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
– If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
6. Data
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from GRANQUIST CAPITAL MANAGEMENT.
7. Definitions
Service
Service is the GRANQUIST CAPITAL MANAGEMENT app and website operated by GRANQUIST CAPITAL MANAGEMENT, LLC.
Personal Data
Personal Data means data about a living individual who can be identified from that data (or from that and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information is, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you.
8. Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (‘Personal Data’). Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Usage Data
We may also collect information on how the Service is accessed and used (‘Usage Data’). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from an app and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies.
We use Session Cookies to operate our Service.
Preference Cookies.
We use Preference Cookies to remember your preferences and various settings.
Security Cookies.
We use Security Cookies for security purposes.
9. Use of Data
GRANQUIST CAPITAL MANAGEMENT uses the collected data for various purposes:
To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
10. Retention of Data
GRANQUIST CAPITAL MANAGEMENT will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
GRANQUIST CAPITAL MANAGEMENT will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
11. Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
GRANQUIST CAPITAL MANAGEMENT will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
12. Disclosure Of Data
Business Transaction
If GRANQUIST CAPITAL MANAGEMENT is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Disclosure for Law Enforcement
Under certain circumstances, GRANQUIST CAPITAL MANAGEMENT may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
GRANQUIST CAPITAL MANAGEMENT may disclose your Personal Data in the good faith belief that such action is necessary to:
To comply with a legal obligation.
To protect and defend the rights or property of the GCM App and Website.
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability
13. Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
‘Do Not Track’ Signals
We do not support Do Not Track (‘DNT’). Do Not Track is a preference you can set in your web browser to inform apps that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
14. Service Providers
We may employ third party companies and individuals to facilitate our Service (‘Service Providers’), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
15. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports app traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
16. Advertising
We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
Google AdMob & DoubleClick Cookie
Google, as a third party vendor, uses cookies to serve ads on our Service. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other apps on the Internet.
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
17. Payments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Apple Store In-App Payments
Google Play In-App Payments
Google Pay
PayPal or Braintree
Venmo
Our Service may contain links to other sites or apps that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
18. Children’s Privacy
Our Service does not address anyone under the age of 18 (‘Children’).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
19. Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the ‘effective date’ at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
20. Contact Us
If you have any questions about this Privacy Policy, please contact us by email at HELPDESK@GRANQUISTCAPITAL.COM
END USER LICENSE AGREEMENT
The GRANQUIST CAPITAL MANAGEMENT App is licensed to You (End‑User) by GRANQUIST CAPITAL MANAGEMENT, located and registered at Prescott, Wisconsin 54021, United States (“Licensor”), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as (“Services”).
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. GRANQUIST CAPITAL MANAGEMENT, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). GRANQUIST CAPITAL MANAGEMENT acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
GRANQUIST CAPITAL MANAGEMENT when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. GRANQUIST CAPITAL MANAGEMENT is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).
1. THE APPLICATION
GRANQUIST CAPITAL MANAGEMENT (“Licensed Application”) is a piece of software created to grant access for client members of GRANQUIST CAPITAL MANAGEMENT to their account within GRANQUIST CAPITAL MANAGEMENT. Customized for iOS and Android mobile devices (“Devices”). It is used to View account totals and history with GRANQUIST CAPITAL MANAGEMENT.
The Licensed Application is not tailored to comply with industry‑specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm‑Leach‑Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1. You are given a non‑transferable, non‑exclusive, non‑sublicensable license to install and use the Licensed Application on any Devices that You (End‑User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application
may be accessed and used by other accounts associated with You (End‑User, The Purchaser) via Family Sharing or volume purchasing.
2.2. This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3. You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with GRANQUIST CAPITAL MANAGEMENT’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with GRANQUIST CAPITAL MANAGEMENT’s prior written consent).
2.5. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7. Licensor reserves the right to modify the terms and conditions of licensing.
2.8. Nothing in this license should be interpreted to restrict third‑party terms. When using the Licensed Application, You must ensure that You comply with applicable third‑party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1. The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2. Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3. You acknowledge that it is Your responsibility to confirm and determine that the app end‑user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1. The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2. GRANQUIST CAPITAL MANAGEMENT, and the End‑User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USER‑GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Licensed Application and through third‑party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
5.1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
5.2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
5.3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
5.4. Your Contributions are not false, inaccurate, or misleading.
5.5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5.6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
5.7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
5.8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
5.9. Your Contributions do not violate any applicable law, regulation, or rule.
5.10. Your Contributions do not violate the privacy or publicity rights of any third party.
5.11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well‑being of minors.
5.12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
5.13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. WARRANTY
7.1. Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
7.2. No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of GRANQUIST CAPITAL MANAGEMENT, sphere of influence that affect the executability of the Licensed Application.
7.3. You are required to inspect the Licensed Application immediately after installing it and notify GRANQUIST CAPITAL MANAGEMENT, about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
7.4. If we confirm that the Licensed Application is defective, GRANQUIST CAPITAL MANAGEMENT, reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
7.6. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
8. PRODUCT CLAIMS
GRANQUIST CAPITAL MANAGEMENT, and the End‑User acknowledge that GRANQUIST CAPITAL MANAGEMENT, and not the Services, is responsible for addressing any claims of the End‑User or any third party relating to the Licensed Application or the End‑Users possession and/or use of that Licensed Application, including, but not limited to:
product liability claims;
any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection, privacy, or similar legislation.
9. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
GRANQUIST CAPITAL MANAGEMENT
Prescott, WI 54021
United States
HELPDESK@GRANQUISTCAPITAL.COM
11. TERMINATION
The license is valid until terminated by GRANQUIST CAPITAL MANAGEMENT, or by You. Your rights under this license will terminate automatically and without notice from GRANQUIST CAPITAL MANAGEMENT, if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
12. THIRD‑PARTY TERMS OF AGREEMENTS AND BENEFICIARY
GRANQUIST CAPITAL MANAGEMENT, represents and warrants that GRANQUIST CAPITAL MANAGEMENT, will comply with applicable third‑party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End‑User License Agreement,” both Apple and Google and their subsidiaries shall be third‑party beneficiaries of this End User License Agreement and upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third‑party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
GRANQUIST CAPITAL MANAGEMENT, and the End‑User acknowledge that, in the event of any third‑party claim that the Licensed Application or the End‑User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, GRANQUIST CAPITAL MANAGEMENT, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
14. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Wisconsin excluding its conflicts of law rules.
15. MISCELLANEOUS
15.1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.