Important information
Please read the following information carefully. By accessing this website (this “Site”) you confirm you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you should not continue to access this Site.
Quilam Capital Limited reserves the right to modify or amend its terms and conditions at any time for any reason without notice. By using this website, you consent to the revised terms and conditions.
Nothing on this Site is intended to constitute an offer or solicitation to buy or sell investments of any description in any jurisdiction, nor to recommend any investment service or transaction. In accessing this Site, you are responsible for compliance with local laws and regulations.
Nothing contained in this Site is intended to create a contract or agreement between Quilam Capital Limited and any user visiting this Site.
The details of Quilam Capital Limited are as follows:
Quilam Capital Limited
Registered Office: 2 Ac Court, High Street, Thames Ditton, Surrey, United Kingdom, KT7 0SR
Registered in England No. 10483974
Email address: info@quilamcapital.com
Use of Site information
The information, materials and opinions on this Site (the “Information”) are intended to describe the activities of Quilam Capital Limited. Although we have used reasonable efforts to obtain and provide information from sources we believe to be reliable, we make no representation that the Information is accurate, reliable or complete. All the Information is subject to change without notice. You must in any event conduct your own due diligence and investigations rather than relying on any of the Information. The investments or services referred to on this Site may not be suitable for everyone. If you have any doubts as to suitability, you should seek advice from an investment adviser.
Links to other websites
This Site contains links to other websites over which Quilam Capital Limited has no control. Quilam Capital Limited is not responsible for any material or information on those websites or for any services or products which may appear on them and shall not be liable for any loss or damage arising from the use or receipt of the same. By creating a link to a third party website, Quilam Capital Limited does not endorse or recommend any material, information, product or service appearing on that website.
You shall not create any hypertext links or deep links between this Site and any other website without our express written consent.
Non-Exclusivity
Please do not send us any confidential or proprietary material as we do not agree to obligations of non-disclosure or non-use of such material. We receive a large number of business plans and other proposals, which may be similar to one another or overlap. We reserve the right to review only those which appear to us to fit our investment criteria from time to time and to reject proposals without giving a reason or returning material sent to us. We are not restricted in any way from pursuing opportunities with others. Quilam Capital Limited and funds under its management or advice invest in many companies, some of which may compete with one another.
The investments, services and transactions referred to on this Site may not be appropriate for your specific purposes or circumstances. You are responsible for obtaining your own legal, tax and financial advice before taking any action in relation to such investment, service or transaction; this Site is not intended to supply legal, tax or financial advice, and the Information should not be construed as a recommendation to take any such action.
In particular, participating in the investments, services and transactions referred to on this Site may have tax consequences and it is important to bear in mind that Quilam Capital Limited does not provide tax advice. The levels and bases of taxation can change. Accordingly, potential investors should consult their own tax advisers before taking any action in relation to any investment, service or transaction referred to on this Site.
Investment performance
If and to the extent that this Site contains information about the performance of investments previously made by Quilam Capital you should be aware that this information has not been audited or verified by an independent party, past performance is not a reliable indicator of future performance and future investments may not achieve the same level of returns as previous investments. An investment in an Quilam portfolio may carry a high degree of risk. The value of investments may fall as well as rise and investors may not get back the amount invested. No assurance can be given that the stated investment objectives will be achieved. Changes in rates of foreign exchange may cause the value of the investments to go up or down.
This Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of Quilam Capital Limited businesses. You can identify these forward-looking statements by the use of words such as ”outlook,” ”believe,” ”expect,” ”potential,” ”continue,” ”may,” ”should,” ”seek,” ”approximately,” ”predict,” ”intend,” ”will,” ”plan,” ”estimate,” ”anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Quilam Capital Limited undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Material interests
Quilam Capital Limited may have an interest, relationship or other arrangement which may be material in any of the investments, businesses, funds or arrangements described on this Site.
Security of information
Information posted on this Site may be accessible to third parties by means of the internet or otherwise. You should have no expectation of privacy with respect to any communications on or through this Site. Please do not transmit any confidential information to or through this Site. You acknowledge that communications transmitted by means of this Site are public and not private communications.
You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications to us by means of this Site (whether by means of email or otherwise), you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. We will use all reasonable endeavours to ensure that this Site is reasonably secure. However, we cannot guarantee that any information displayed on this Site has not been interfered with without our consent.
Privacy Policy
Quilam Capital Limited (Quilam/we/us/our) are committed to safeguarding your personal and financial information when you visit our websites and/or in relation to any services that we provide to you. This Privacy Policy sets out our personal information collection and sharing practices for our websites, including www.quilamcapital.com, and that apply to personal information collected during our relationships with our clients and investors.
By providing your information to us (either via this website, in person or over the phone), you agree to the processing set out in this Privacy Policy. Further notices highlighting certain uses we wish to make of your personal information together with the ability to opt in or out of selected uses may also be provided to you when we collect personal information from you.
This Privacy Policy is intended to explain our privacy practices and covers the following areas:
(a) Personal information we may collect about you
(b) How we use your personal information and who we may disclose it to
(c) Transmission, storage and security of your personal information
(d) Your rights and contacting us
(e) Our Cookies policy
(f) Third Party Websites
(g) Changes to our Privacy Policy
Quilam Capital Limited operates this Site and is responsible for the processing your personal data. The following paragraphs in this Site (“this Privacy Policy”) aims to make clear how the privacy and security of your personal information is managed and controlled. All personal information you provide via this website will be dealt with in accordance with this Privacy Policy.
By using this Site, you consent to this Privacy Policy and the other terms and conditions in relation to the use of this Site. If you do not agree to this Privacy Policy, please do not use the Site.
Personal Information collection
We may collect and process the following personal information about you:
(a) Information you provide to us – personal information that you provide to us, for example during the onboarding of new clients and If you send us a CV in relation to a possible position at Quilam Capital Limited, including your name, email address (and/or proof of address), other contact details and financial information;
(b) Our correspondence – information about any correspondence that we may have with you, including when you contact us via the “contact us” links on the websites;
(c) Website and communication usage – details of your visits to the websites and information collected through cookies etc. including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access.
Information Use and Disclosure
Under EU data protection law, we must establish and inform you of the legal basis or “ground” for our use of your personal information. Use of personal information under EU data protection laws must be based on one of a number of legal “grounds”. The principal legal grounds that may apply to our use of your information are:
• Consent: where you have consented to our use of your information (you will have been presented with a consent form in relation to any such use)
• Contract performance: where your information is necessary to enter into or perform our contract with you.
• Legal obligation: where we need to use your information to comply with our legal obligations.
• Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
• Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you, us or a third party.
For each use of personal information mentioned below, we note the purpose for which we use and disclose it, who we may disclose it to, and the grounds we use as a basis for our use.
(a) To provide our services and conduct our business which may include passing your data to third parties such as administrators, agents or contractors or to our advisors (e.g. legal, financial, business or other advisors);
Use basis: contract performance, legitimate interests (to enable us to perform our obligations and provide our services to you).
(b) In relation to fraud prevention – we and other organisations may access and use certain information to prevent fraud as may be required by applicable law and regulation and best practice at any given time. If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies and may be recorded by us or by them.
Use basis: legal obligations, legitimate interests (to ensure that you fall within our acceptable risk profile and to assist with the prevention of crime and fraud), consent (where this includes health data, or data relating to ethnic or racial origin, political affiliations)
(c) For research and development purposes to analyse your personal information in order to better understand our clients needs and to develop our business. This may involve transferring your personal information to third party service providers;
Use basis: legitimate interests.
(d) To inform you of changes;
Use basis: legitimate interests
(e) To ensure website content is relevant and presented in the most effective manner for you and for your device;
Use basis: consent, contract performance, legitimate interests.
(f) To reorganise or make changes to our business – In the event that we are: (i) subject to negotiations for the sale of our business or part thereof to a third party; (ii) sold to a third party; or (iii) undergo a re-organisation, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process or transferred to that re-organised entity or third party and used for the same purposes as set out in this policy or for the purpose of analysing any proposed sale or re-organisation.
Use basis: legitimate interests (in order to allow us to change our business)
(g) In connection with legal or regulatory obligations we may process your personal information to comply with our regulatory requirements, which may include disclosing your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world.
Use basis: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities)
If you send us an email through the “Contact Us” button part of this Site, we will use the personal data provided to contact you and respond to your query. If you send us a CV in relation to a possible position at Quilam Capital Limited, we will use the information provided to match you with current or future opportunities and contact you.
By providing us with your e-mail address you consent to our using the e-mail address to provide you with e-mail alert services. If at any time you do not wish to be contacted by us by e-mail please use the link provided on any e-mail sent to you to de-register. Alternatively, write to the Compliance Officer at our registered office.
Data storage
Personal data we collect from you will be stored and processed at our office. By submitting your personal data, you agree to the storing and processing of your personal data. The personal data will be retained for as long as necessary to fulfil the purposes for which the information was collected or as required by applicable law or regulatory or governmental requirement(s).We will take steps to ensure that your personal data is treated securely and in accordance with this Privacy Policy.
No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements. All information you provide to us is stored and used subject to our security policies and standards.
We will retain your personal information for as long as is necessary for the purposes for which they were collected and any other permitted linked purposes. So if personal information is used for two purposes, we will retain it until the purpose with the longest retention period expires; but we will stop using it for the purpose with a shorter retention period once that shorter period has expired.
We restrict access to your personal information to those persons who need to use it for the relevant purpose(s). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymised (and the anonymised information may be retained) or securely destroyed.
We may sometimes transfer your personal information to third parties in countries outside the European Economic Area (the EEA) in which data protection laws may be of a lower standard than in the EEA. When we do so, we will use appropriate safeguards to protect the personal information that we transfer. We will either ask for your consent to the transfer or transfer it subject to European Commission approved contractual terms that impose equivalent data protection obligations directly on the recipient, unless we are permitted under applicable data protection law to make such transfers without such formalities (including where the export is to a country that has been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore where no further safeguards are required in order to export to that country).
Links to Other Websites
This Privacy Policy only extends to this Site and does not therefore extend to your use of, provision of data to, and collection of data on any website to which you may link by using the hypertext links within this Site.
Cookies
A cookie is simply a bit of data stored on a user’s hard drive which contains information about the user. When the user closes their browser, the cookie will terminate. The cookie we use is essential for parts of this Site to work. You may delete and block all cookies from this Site, but it may mean that parts of this Site may not work. Most web browsers allow some control of most cookies through the browser settings. For further information on cookies please go to www.allaboutcookies.org.
Right of access
Data protection legislation gives you the right (subject to some exceptions) to access certain personal information held about you, correct any inaccuracies and to prevent the processing of your personal information that is likely to cause unwarranted substantial damage or distress to you or anyone else and to object to any decision that significantly affects you being taken solely by a computer or other automated process. If you wish to know what personal information Quilam Capital Limited holds on you, you may obtain it by contacting us at the address set out below. If it transpires that the information held is inaccurate, we will make the necessary amendments and confirm to you that these changes have been made.
Security
To prevent unauthorised access, maintain data accuracy and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we receive via the contact us email on the website. However, no security system can be completely secure.
Accordingly, we cannot guarantee the complete security of your personal information. Please exercise caution when determining what personal information you disclose via this Site.
How to contact us:
Compliance Department
Quilam Capital Limited
14 Gray’s Inn Road
London
WC1X 8HN
We may change the content of our websites and how we use cookies without notice, and consequently our Privacy Policy may change from time to time in the future. We therefore encourage you to review them when you visit the website from time to time to stay informed of how we are using personal information.
No warranties and limitations of liability
You should read these ‘No warranties and limitations of liability’ provisions carefully as they exclude or limit Quilam Capital Limited’s legal liability to you in connection with your use of this Site and its use of your information.
References in this section to “this Site” shall be construed as references to “this Site and the Information”.
Nothing on this Site or in these terms and conditions shall exclude or limit any duty or liability to the extent that such exclusion or limitation is not permissible under applicable law or regulation, nor exclude or limit any duty or liability that Quilam Capital Limited may owe under the FSMA 2000 and rules made pursuant to it (as amended), and the remainder of these ‘No warranties and limitations of liability’ provisions should be read accordingly. To the extent that any Information concerns companies related and/or affiliated to Quilam Capital Limited, those companies may not be subject to the UK regulatory system and certain protections and compensation provisions may not be available to you.
This Site is provided “as is” and “as available” and we give no conditions, warranties, representations or guarantees of any kind express or implied in respect thereof. Specifically, without limitation, we do not warrant that: you will be able to use or access this Site or that it will continue to be made available in its current or any other form; this Site, or any applications or materials of whatever nature made available on or downloaded from this Site, will be free from viruses, defects and third party rights, or be compatible with your equipment; this Site will be fit or appropriate for any purpose, accurate, adequate or complete.
We will not be liable to you for any loss or damage (direct or indirect) arising from or in connection with: any virus or malicious software associated with this Site, materials or applications made available on it; your use or inability to use this Site at any time or any delay or interruption in the availability or delivery of all or any part of this Site; your use of, or access to any website or resource to which you have gained access by means of links on this Site; any error or omission in the Information; any decision made or action taken in reliance on the Information; or any failure by you to comply with any applicable laws or regulations.
We will not be liable to you, whether for any representation, statement or tortious act or omission (including negligence), breach of contract or otherwise, for any loss or damage of whatever nature suffered by you (including, without limitation, direct loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data or loss of profit) arising out of or in connection with any use of, or inability to use this Site, or any application or other material on or associated with this Site, regardless of whether Quilam Capital Limited was aware of the likelihood of such loss or damage occurring.
In no event will Quilam Capital Limited or its affiliates be liable to you for any direct, special, indirect, consequential, incidental, punitive or exemplary damages or any other damages of any kind arising out of or in connection with the use, copying or display of the content contained in this Site or in sites accessed through this Site even if Quilam Capital Limited or any such affiliate has been advised of the possibility thereof.
You agree that the limitations and exclusions set out in these terms and conditions are reasonable having regard to the relevant circumstances, and in particular the limited use you are permitted to make of this Site and the fact that your access to and use of this Site is free. You further agree not to challenge the reasonableness of any of these limitations and exclusions.
Copyright and trademarks
This Site and all the materials contained in it are protected by intellectual property rights, including copyright, and either belongs to us or is licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics, documents, on the website, as well as other content such as articles, reports, presentations, stories, logos, trademarks (registered or unregistered) and other text. You may not copy, redistribute, republish, modify or otherwise make the materials on this Site available to anyone else without the prior written consent of Quilam Capital Limited.
In consideration for you accepting, and abiding by, these terms and conditions, Quilam Capital Limited grants you the right to access and use this Site and use, download and print-copies of the Information, for your own, private, non-commercial purpose in connection with obtaining information and services from Quilam Capital Limited, at all times for information purposes only. You may only download or print individual pages and/or sections of this Site provided that you do not remove any copyright or other proprietary notices. You may not otherwise use or access any part of this Site and/or the Information and, in particular, you agree not: to copy, to issue copies of, to rent or lend, to sub-license, to assign, to communicate (by electronic means or otherwise), to link into, or to make adaptations of, any part of this Site and/or the Information; and to translate, convert to another programming language, decompile, disassemble, or reverse engineer any application contained on this Site; directly or indirectly, nor to authorise, enable or assist any third party to do so.
Local regulatory restrictions
This Site is not directed at 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 the relevant pages on this Site. Those who access this Site do soon their own initiative and are responsible for compliance with applicable local laws and regulations; legal advice should be sought in cases of doubt.
Severability
If any provision of these terms and conditions is or becomes (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the law of any jurisdiction: the validity, legality and enforceability under the law of that jurisdiction of any other provision; and the validity, legality and enforceability under the law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby.
Governing law and jurisdiction
These terms and conditions, and all matters connected with them, are governed by the laws of England and Wales. The courts of England have exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these terms and conditions, including regarding the formation, validity or termination of these terms and conditions.