These “Terms and Conditions of Use” set forth the terms and conditions under which you may access and use the Website. If you do not agree to these terms of use, you may not use this Website. We may change the Terms of Use from time to time, so we encourage you to review our Terms of Use whenever you use the Website to make sure you understand how you may use the Website. Your continued use of the Website following the posting of changes to the Terms of Use will signify your acceptance of the then current Terms of Use. The Terms of Use will include the date we last updated the Terms of Use.

Use of the website

You agree and acknowledge that the Website and the content, including but not limited to graphics and information, provided on the Website (the “Web Content”), is the sole and exclusive intellectual property of Skerryvore or is licensed by Skerryvore and shall not be copied, reproduced, displayed, sold or otherwise distributed without the express prior written consent of Skerryvore, provided you may print a single copy of the Website Content solely for your personal, non-commercial use.  Skerryvore hereby grants you a license to access and use the Website and the Website Content in accordance with the terms and conditions of these Terms of Use.

Representations and warranties

(a) Disclaimer of Warranties: the Website is provided on an “as is” and “as available” basis. Skerryvore expressly disclaims all warrantied of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Skerryvore makes no warranty that (i) the website will be uninterrupted, timely, secure, or error-free, (ii) the results obtained from the website will be accurate or reliable, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations. Any material downloaded from or otherwise obtained through the website is at your own risk. You will be solely responsible for any damage to your computer system or loss of data resulting from such download or use.

(b) Limitation of Liability: under no circumstances, including negligence, will Skerryvore, its subsidiaries, affiliates, officers, directors, advisors, licensors, licensees or content providers be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from your use of or inability to use the website, including but not limited to reliance on information obtained on the website, mistakes, omissions, interruptions, deletion of files or electronic mail, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the website. You hereby acknowledge that this provision will apply whether or not Skerryvore is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services that may be available from time to time from Skerryvore or its subsidiaries and affiliates. Notwithstanding the foregoing, any liability resulting from your use of the website shall be limited to one hundred dollars, in the aggregate for all claims.

(c) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Privacy

The Privacy Policy contains additional information about how your information (including information that will not be publicly viewable) will and will not be used.

Warning against hackers

It is possible that other users or unauthorized ‘hackers’ may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or hackers to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

Cross border prohibition

The services and products described on this website is intended to be made available only to those persons accessing in the regions as described on our website from time to time, and the information on this Website is only for such persons. Nothing on this Website shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction.

This website and its contents do not constitute an offer to buy or sell any financial products or services in other countries outside those expressly listed on our website from time to time. For the purposes of this paragraph, Foreign Countries includes their possessions, territories and all areas subject to its jurisdiction, and Persons that are nationals, citizens or residents of Foreign Countries, or a corporation or partnership organized under the laws of respective Foreign Countries. 

Miscellaneous terms

By accessing the Website, you agree that the laws of the United Kingdom, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Skerryvore or its affiliates. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either you or Skerryvore to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

Data Protection

With effect from 25 May 2018, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (together with applicable implementing laws, (“EU GDPR”) will apply, and/or the EU GDPR as it forms part of the laws of the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (the “UK GDPR”, and, together with the EU GDPR, the “GDPR”) applies, to the extent relevant to the processing of personal data by Skerryvore Asset Management Ltd. (“Skerryvore”) in the course of their businesses, and certain other persons. This notice sets out information relating to those activities.

Any person seeking information with respect to control or processing of personal data by Skerryvore or seeking to exercise any rights afforded to them under GDPR should contact Skerryvore (FAO Chief Compliance Officer) at compliance@Skerryvoream.com.

Under GDPR, any person wishing to, is entitled to make a complaint with respect to Skerryvore’s control or processing of personal data directly to the relevant supervisory authority for data protection issues. In the UK this is the Information Commissioner’s Office (“ICO”). Contact details for the ICO may be found at www.ico.org.uk.

The policies and procedures adopted by Skerryvore with respect to the control or processing of personal data may be amended from time to time. Similarly, the purposes for which Skerryvore may control or process personal data may change from time to time. If any changes would require a material amendment to the information set out herein, details of such changes will be made available in the current version of this document from time to time.

Summary of Personal Data

For the purposes of GDPR, personal data means any information about an individual from which that person can be identified. In the course of its business, Skerryvore may collect, use, store and transfer personal information from individuals that are employees, directors, officers or other representatives or agents of market counterparties, professional services and other service providers, trade associations, public bodies and other entities or undertakings. Such personal data is typically limited in scope, and includes, for example, the name and contact details of such individuals, as well as some technical data (such as internet protocol addresses), usage data and information about marketing and communication preferences.

Collection of Personal Data

Skerryvore may collect personal data through a range of means. These may include direct interactions (where a person provides personal data to Skerryvore through correspondence or other direct methods of communication), through third-party service providers (for example, recruitment agents) or publicly available sources (where Skerryvore receives personal data through a publicly available source such as a website or publicly available registry).

Use of Personal Data

Skerryvore will only process personal data in circumstances where it has established a lawful basis under GDPR to do so. These circumstances include where the processing of the relevant data relates to a legitimate interest of Skerryvore, further described below. In such circumstances Skerryvore will have established that the processing is necessary for the relevant purpose, and not inconsistent with the interests, rights or freedoms of a relevant data subject.

In accordance with the above, Skerryvore has determined that the lawful bases for its processing of personal data are the legitimate interests of Skerryvore to undertake activities necessary and ancillary to the carrying on of an investment management business, including where necessary for the purposes of Skerryvore carrying out its activities relating to any fund, vehicle or account in respect of which Skerryvore acts as manager, investment manager, sub-investment manager, investment adviser or sub- investment adviser (the “Funds”), the administration of the Funds, the investment activities of the Funds, otherwise in furtherance of any contract entered into with respect to the activities of the Funds, to exercise and comply with the relevant Fund’s or Skerryvore’s rights and obligations at law or under regulation where such obligations are not set out under the laws of any member state of the European Economic Area (“EEA”), to establish, exercise or defend legal claims and in order to protect and enforce its (or another person’s) rights, property, or safety, or to assist others to do the same, and in order to provide information about its services and any investment products it offers.

In addition, Skerryvore may also control or process personal data where necessary to comply with legal or regulatory obligations applicable to them under the laws of the European Union or any member state of the EEA, or in order to give effect to a contract, or to take necessary pre-contractual steps with a view to potentially entering into a contract (including in its capacity as an employer or a prospective employer), to the extent applicable.

Skerryvore may from time-to-time control or process personal data for the purposes of operating their business, entering into contractual arrangements in the context of their investment management business, including in respect of the Funds marketing, and advertising the Funds and/or other investment vehicles and/or services related to Skerryvore. Any person subject to GDPR who does not wish their personal data to be processed for marketing purposes may opt out of such processing by notifying the Chief Compliance Officer of Skerryvore at compliance@Skerryvoream.com.

Skerryvore will only use personal data for the purposes that it has been collected for, unless it reasonably considers that it needs to use it for another reason and that reason is compatible with the original purpose of the control or processing. Any person requiring information with respect to any additional purpose for which personal data may be controlled or processed may obtain such information from the Chief Compliance Officer of Skerryvore at compliance@Skerryvoream.com. If Skerryvore needs to control or process personal data for an unrelated purpose, it will use its reasonable endeavours to notify affected persons and to explain the basis on which it is permitted to undertake the same.

Disclosure of Personal Data

Skerryvore may share personal data with certain third parties for the purposes set out above. The relevant third parties with whom such personal data may be shared include entities appointed to provide services to the Funds, Skerryvore and their affiliates, and regulatory, legal and tax authorities. Further details of the third parties with whom personal data may be shared are available on request from the Chief Compliance Officer of Skerryvore at compliance@Skerryvoream.com. Wherever possible, personal data will only be disclosed by Skerryvore to a third party in circumstances where that third party has agreed to respect the security of personal data and treat it in accordance with applicable law. Skerryvore will seek to ensure that third parties to whom any personal data may be disclosed will not use personal data for their own purposes and only process personal data for specified purposes and otherwise in accordance with the instructions of Skerryvore and/or with the GDPR.

Transfer of Personal Data outside the European Economic Area

The activities of Skerryvore are such that it may be necessary for personal data to be transferred and/or processed outside the EEA.

In circumstances where Skerryvore transfers personal data outside the UK and/or the EEA, it will seek to ensure a similar degree of protection is afforded to it by ensuring that personal data is generally transferred only to persons in countries outside the UK and/or the EEA in one of the following circumstances.

  • To persons and undertakings in countries that have been deemed to provide an adequate level of protection for personal data by the European Commission and / or the Secretary of State in the UK.
  • To persons and undertakings to whom the transfer of such personal data is made pursuant to a contract that is compliant with the model contracts for the transfer of personal data to third countries from time to time approved by the European Commission and / or the Secretary of State in the UK.
  • If otherwise in compliance with the GDPR, for example where you have consented to the transfer.

Further information on specific mechanisms utilised by Skerryvore transferring personal data outside the EEA and the countries to which such transfer may be made may be obtained from the Chief Compliance Officer of Skerryvore at compliance@Skerryvoream.com upon request.

Data Retention

Skerryvore will retain personal data for as long as necessary to fulfil the purposes for which it has been collected. This will include any period of retention required to satisfy any legal, regulatory, taxation, accounting, regulatory or reporting requirement applicable to Skerryvore.

In determining the appropriate retention period for any personal data, Skerryvore will consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of the data, the purpose for which the relevant data is being processed, the extent to which the purposes for which the relevant data is being processed can be achieved by other means and any applicable legal requirements. Without prejudice to the generality of the forgoing, Skerryvore have determined that it will retain records for at least five years, in accordance with the rules, requirements and guidance of the United Kingdom Financial Conduct Authority.

Details of retention periods applicable to personal data subject to GDPR are available upon request from the Chief Compliance Officer of Skerryvore at compliance@Skerryvoream.com. In some circumstances, a person may request that Skerryvore delete any personal data retained by it. Further, in some circumstances, Skerryvore may anonymize personal data for research or statistical purposes, in which case such information may be retained and utilised indefinitely without further notice.

Rights of Persons

Under GDPR, persons whose data is processed by Skerryvore will have certain rights. These rights include the right to access personal data, the right to require correction of personal data, the right to require erasure of personal data in certain circumstances, the right to restrict processing of personal data, and the right to require a transfer of personal data. In addition, if the processing of personal data is based on a legitimate interest of Skerryvore, a person will have the right to object to the processing of that personal data.

Any person seeking to exercise any such right should contact the Chief Compliance Officer of Skerryvore at compliance@Skerryvoream.com. In certain circumstances, Skerryvore may charge reasonable fees if any such request is clearly unfounded, repetitive or excessive.