TERMS & CONDITIONS OF USE
To access all areas of this website please read the Terms & Conditions set out below and then click ‘Accept’.
1. Important Information
BennBridge Ltd (“BennBridge”) is a limited company registered in England with registered number 10480050. The registered office is Windsor House, Station Court, Station Road, Great Shelford, Cambridge CB22 5NE. BennBridge is authorised and regulated by the Financial Conduct Authority (“FCA”) (FRN: 769109). Tellworth Investments LLP (“Tellworth”) (FRN: 787570) is an appointed representative of BennBridge. BennBridge is the UK regulated entity and the appointed investment manager to the Funds referred to throughout this website.
Any projections, market outlooks or estimates contained in this website constitute forward looking statements, and are based on certain assumptions and subject to certain known and unknown risks. Accordingly, such forward looking statements should not be relied upon as being indicative of future performance or events.
Past performance is not indicative of future results. The value of investments and the income from them may go down as well as up and investors may not get back the amounts originally invested.
In the United Kingdom, this website is only available to persons who are (i) investment professionals within the meaning of Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (“FP Order”), (ii) high net worth companies and certain other entities falling within Article 49 of the FP Order; or (iii) to any other persons to whom such communications may lawfully be made. It must not be acted, or relied, upon by any other persons.
This website is being provided by BennBridge and Tellworth for informational purposes only and should not be construed as investment advice. It is not a recommendation of, or an offer to sell or solicitation of an offer to buy, any particular security, strategy or investment product.
The views and opinions contained herein are those are those of Paul Marriage and John Warren, Fund Managers. They do not necessarily represent views expressed or reflected in other BennBridge investment communications or strategies and are subject to change.
2. Risk Factors
The counterparty to a derivative or other contractual agreement or synthetic financial product could become unable to honour its commitments to the Funds, potentially creating a partial or total loss for the Funds. The Funds can be exposed to different currencies. Changes in foreign exchange rates could create losses. A derivative may not perform as expected, and may create losses greater than the cost of the derivative. If a fund uses derivatives for leverage, it makes it more sensitive to certain market or interest rate movements and may cause above-average volatility and risk of loss.
Equity prices fluctuate daily, based on many factors including general, economic, industry or company news. In difficult market conditions, the Funds may not be able to sell a security for full value or at all. This could affect performance and could cause the fund to defer or suspend redemptions of its shares. The Funds may take positions that seek to profit if the price of a security falls. A large rise in price of the security may cause large losses. Failures at service providers could lead to disruptions of fund operations or losses.
3. Not for US Persons
The provision of the information in this website does not constitute an offer of securities to any person in the United States or to any U.S. Person as defined under the Securities Act of 1933, as amended. The information contained in this site about Tellworth is not directed to any person in the United States. The Funds referred to herein are neither registered under the Securities Act 1933 of the United States, nor are they registered under the Investment Company Act of 1940. Consequently, they cannot be offered for sale or be sold in the United States, its territories, possessions or protectorates under its jurisdiction, nor to nationals, citizens or residents in any of those areas.
No investments or services mentioned on this website are directed at US Persons who are not Professional Clients or Eligible Counterparties as defined by the UK Financial Conduct Authority (FCA) Handbook or Qualified Purchasers as defined under the Investment Company Act of 1940. The information contained herein does not constitute a distribution, an offer to sell or the solicitation of an offer to buy any securities in any jurisdiction in which such distribution or offer is not authorised.
4. Your use of our website
When using our website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on our website in certain countries and we and our affiliated companies disclaim all responsibility if you download any information from our site in breach of any law or regulation of the country in which you reside.
5. User identification code
You will be provided with a user name and password to access our site. You must treat this information as confidential and you must not disclose it to any third party or allow any third party to access our site using your user name or password. You agree to notify us immediately if you suspect any unauthorised use of our site or of your user name or password.
6. Termination and suspension of access to our website
We reserve the right to deny you access to our website, or immediately to suspend or terminate your access to our website, or to disable any user name or password (whether chosen by you or allocated by us) at any time (in our sole discretion). To unsubscribe please contact IR@BennBridge.com.
7. Liability for use of our site
Access to our website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on our site without notice. We do not accept any liability if for any reason our website is unavailable at any time or for any period.
The information and any opinions contained on the website are subject to change, are for background purposes only and are not to be relied upon as advice or interpreted as a recommendation. The information and opinions contained in our website have been compiled, or arrived at, by us from sources believed by us to be reliable as at the date of publication. However, we, our affiliated companies and other third parties connected to us do not accept any responsibility for any reliance which is placed by any visitor to our website, or by anyone who may be informed of any of its contents, on any information or opinions which are expressed herein and, to the extent permitted by law, expressly exclude all conditions, warranties, representations, undertakings and other terms which might otherwise be implied by statute, common law or in equity.
The internet is not a completely reliable transmission medium and neither we nor any of our affiliated companies accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from us or any of our affiliated companies. Any such transmission of information is entirely at your own risk. This does not exclude or restrict any duty or liability that we have to our customers under the regulatory system in the United Kingdom.
9. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our website, and in the materials published on it. Those works are protected by laws and treaties around the world. All such rights are reserved. You may use the materials on our website and download and reproduce them in hard copy for your own reference only. Such materials may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without our prior written consent. Nothing on our website should be construed as granting any licence or right in relation to any of our trademarks or those of our affiliated companies or any third party.
10. Material Interests
We and our partners, officers and/or employees may have holdings in the investment funds referred to on this website and may otherwise be interested in transactions that you effect in those funds.
11. Your personal data
- information that you provide by filling in forms on our website, including information provided at the time of registering to use our website, subscribing to our service, posting material or requesting further services;
- if you contact us, we may keep a record of that correspondence;
- details of your visits to our website and the materials and information that you access, for the following purposes:
- to provide you with information, products or services that you request from us or which we consider 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 determine your suitability to be granted access to our website.
12. Disclosure of your personal data
Cookies are small text files which are placed on the computer of a website user to provide the website operator with information about use of the website. We use Google Analytics cookies to collect information, in an anonymous form, about how visitors use our website and to prepare reports for statistical analysis. The information collected includes the number of visitors to the website, where visitors have come to the website from and the pages that they have visited. We use the information to help us improve the website and users’ experience of it.
14. Law and variation
With effect from 25 May 2018, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (together with applicable implementing laws, (“GDPR”) will apply, to the extent relevant, to the processing of personal data by Tellworth Investments LLP (“Tellworth”) in the course of their businesses, and certain other persons. This notice sets out information relating to those activities.
Tellworth is a controller of personal data for the purposes of the GDPR and will, in the course of its business, process personal data. Information regarding such processing is set out herein.
Any person seeking information with respect to control or processing of personal data by Tellworth or seeking to exercise any rights afforded to them under GDPR should contact Tellworth (FAO Head of Compliance, BennBridge Ltd) at firstname.lastname@example.org.
Under GDPR, any person wishing to is entitled to make a complaint with respect to Tellworth’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 Tellworth with respect to the control or processing of personal data may be amended from time to time. Similarly, the purposes for which Tellworth 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, Tellworth 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
Tellworth may collect personal data through a range of means. These may include direct interactions (where a person provides personal data to Tellworth through correspondence or other direct methods of communication), through third-party service providers (for example, recruitment agents) or publicly available sources (where Tellworth receives personal data through a publicly available source such as a website or publicly-available registry).
Use of Personal Data
Tellworth 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 Tellworth, further described below. In such circumstances Tellworth 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, Tellworth has determined that the lawful bases for its processing of personal data are the legitimate interests of Tellworth to undertake activities necessary and ancillary to the carrying on of an investment management business, including where necessary for the purposes of Tellworth carrying out its activities relating to any fund, vehicle or account in respect of which Tellworth acts as manager, investment manager, sub investment manager, investment adviser or subinvestment 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 Tellworth’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, Tellworth 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.
Tellworth 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 Tellworth. 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 Head of Compliance of BennBridge Ltd at email@example.com.
Tellworth 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 Head of Compliance of BennBridge Ltd at firstname.lastname@example.org. If Tellworth 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
Tellworth 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, Tellworth 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 Head of Compliance of BennBridge Ltd at email@example.com. Wherever possible, personal data will only be disclosed by Tellworth 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. Tellworth 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 Tellworth and/or with the GDPR.
Transfer of Personal Data outside the European Economic Area
The activities of Tellworth are such that it may be necessary for personal data to be transferred and/or processed outside the EEA.
In circumstances where Tellworth transfers personal data outside 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 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.
- 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.
- To persons and undertakings based in the United States if they are part of the EU-U.S. Privacy
Shield which requires them to provide similar protection to personal data shared between Europe and the United States.
Further information on specific mechanisms utilised by Tellworth transferring personal data outside the EEA and the countries to which such transfer may be made may be obtained from the Head of Compliance of BennBridge Ltd at firstname.lastname@example.org upon request.
Tellworth 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 Tellworth.
In determining the appropriate retention period for any personal data, Tellworth 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, Tellworth 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 Head of Compliance of BennBridge Ltd at email@example.com. In some circumstances, a person may request that Tellworth delete any personal data retained by it. Further, in some circumstances, Tellworth 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 Tellworth 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 Tellworth, 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 Head of Compliance of BennBridge Ltd at firstname.lastname@example.org. In certain circumstances, Tellworth may charge reasonable fees if any such request is clearly unfounded, repetitive or excessive.