IMPORTANT LEGAL INFORMATION
WWW.Q-BRANDS.COM (this/the/our “Site”) is a website operated by Q. Brands Ltd. (“we”, “our”, “us”, “Q. Brands”). The Q. Brands House Limited is a limited company registered in England and Wales with company number 09789191. Its registered office is at 6 Grosvenor Street, Mayfair, London, W1K 4PZ. The Q. Brands House Limited (FCA FRN 815216) is an appointed representative of Quay Partners Investments (UK) LLP (FCA FRN 709710), which is authorised and regulated by the Financial Conduct Authority.
1 ACCEPTANCE OF THE TERMS OF THIS NOTICE
This Notice governs the use of this Site. By using our Site, you confirm that you accept the terms of this Notice and agree to comply with them. If you do not agree to this Notice, you must not use our Site.
2 INTENDED AUDIENCE
This Site is primarily directed at persons ordinarily resident in the United Kingdom and the European Union member countries. The products and services mentioned on this Site are subject to legal and regulatory requirements in various jurisdictions and may not be available to all persons in all jurisdictions. If you are deemed to be a retail client under the UK FCA rules, the products and services mentioned here may not be available or suitable to you and you should seek independent advice from a suitably qualified and regulated financial adviser. The information on this Site does not constitute an offer or solicitation of an offer to buy or sell any investments or to engage in any investment activity in any jurisdiction where such activity would be contrary to local law or regulation. Persons in jurisdictions where these activities are restricted or prohibited must not access or use this Site. It is your responsibility to be aware of and comply with any relevant laws or regulations applicable to you in your jurisdiction.
1. The information that we collect from you
2. Our use of your information
3. How we share your information
4. Our security and data retention measures
5. Your rights in respect of your information and third party websites
6. Accessing and updating your information
3.1 INFORMATION THAT WE COLLECT FROM YOU
When you visit or otherwise use the Website we may collect and process the following data about you:
i. details of your visits to the Website including, but not limited to, traffic data, communication data, and the resources that you access;
ii. information that you provide by filling in forms on the Website;
iii. if you contact us, we will keep a record of that correspondence.
Some of this information is collected and processed so that the contract with you can be performed, some for the purposes of legal compliance and some for the purposes of our legitimate business interests (subject to your rights), namely to analyse the use of our Website and services in order to continually improve our business and services.
3.2 USE OF YOUR INFORMATION
We will use your personal information to (a) ensure that the content of the Website is presented in the most effective manner for you and for your computer; (b) carry out our obligations arising from any contracts entered into between you and us; (c) to allow you to participate in interactive features of our services, when you choose to do so; and (d) to notify you about changes to our products or services. We may also use the information we collect from you for the purposes of statistical analysis and to help us prevent fraud and/or money laundering.
Where you have consented at the time we collected your data or where we otherwise have a right to do so, we may use your information to let you know about our products and services that may be of interest to you and/or inform you about important changes or developments to our services, by post, telephone, mobile messaging (e.g. SMS, MMS etc.) as well as by e-mail.
If you change your mind about us using your data in the ways described in this policy, please let us know by contacting us using the details set out in section 9 below. You may also opt out of receiving marketing from us by following the instructions outlined in the relevant communication.
3.3 SHARING YOUR INFORMATION
In order to provide our services to you we have to share your information with certain third parties such as:
i. if you have notified us of your financial or investment adviser, the personal information provided to us may be shared with that adviser. You should notify us if you no longer wish personal information to be shared with your adviser or of any change in the adviser;
ii. if we undergo a group reorganisation or are sold to a third party, the personal information provided to us may be transferred to that reorganised entity or third party and used for the purposes above; and/or
iii. if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may also disclose your personal information to any member of our group to the extent that it is necessary for us to provide our services to you.
3.4 SECURITY AND DATA RETENTION
We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will only keep your information for as long as we reasonably require and, in any event, only for as long as Data Protection Legislation allows.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website.
3.5 YOUR RIGHTS AND THIRD PARTY WEBSITES
Should you have any queries or complaints in relation to how we use your information, please contact or client relations officer.
Our Website may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their related policies. Please check these policies before you submit any personal information via these websites.
3.6 ACCESSING AND UPDATING YOUR INFORMATION
You have the right:
– to see the information we hold about you;
– to ask us to make any changes to ensure that any information we hold about you is accurate and up to date;
– to ask us to erase or stop processing any information we hold about you where there is no longer a legal ground for us to hold it;
To request details or changes of the personal information held by us, please contact our client relations officer.
4 WEBSITE CONTENTS AND CHANGES TO INFORMATION
Whilst Q. Brands has taken all reasonable care to ensure that information on this Site is accurate and complete at the date of its publication, Q. Brands cannot guarantee the adequacy, accuracy or completeness of such information. The information contained on this Site is subject to change at any time, without notice. The views expressed on this Site are the opinions of Q. Brands and such opinions are subject to change without notice.
5 WEBSITE ACCESS AND AVAILABILITY
Q. Brands reserves the right to withdraw or amend the service provided by this Site at any time. Q. Brands does not accept responsibility as to the operation, functionality or availability of this Site, or warrant that the use of this Site will be free from delay, interruption, interception or error.
6 USE OF THIS SITE
You must not use this Site in any way that causes, or may cause damage to:
i. Q. Brands or any of its business partners;
ii. this Site; or
iii. this Sites availability or accessibility.
In addition, you must not use our Site:
i. in any way which is unlawful, illegal, fraudulent or harmful;
ii. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
iii. to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) without our express written consent;
iv. to transmit or send unsolicited commercial communications; or
v. for any purposes related to marketing without our express written consent.
In addition, you must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or technologically harmful computer software. You must not attempt to gain unauthorised access to our Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.
Q. Brands will take reasonable precautions to ensure the security of this Site. However, Q. Brands will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of this Site or to your downloading material posted on it.
7 RISK WARNINGS
Risk Warning: Past performance is not a reliable indicator of future results, prices of investments and the returns from them may fall as well as rise. Investments in equities are subject to market risk. Changes in exchange rates may have an adverse effect on the value price or income of the product. The MontLake Q. Brands Premiere Palm-Tree Alpha Equity UCITS Fund (the “Fund”) may use higher leverage and financial derivative instruments as part of the investment process. The content of this website does not constitute an offer or solicitation. Any investment in the Fund should be based on the full details contained in the Fund’s Supplement Prospectus and Key Investor Information Document which together with the MontLake UCITS Platform ICAV Prospectus may be downloaded from the MontLake website (www.montlakeucits.com). Information given in this website has been obtained from, or based upon, sources believed by us to be reliable and accurate although neither Waystone Fund Management (IE) Limited nor Quay Partners Investments accepts liability for the accuracy of the contents. Quay Partners Investments is authorised and regulated by the U.K. Financial Conduct Authority. Funds regulated under UCITS must abide by certain investment restrictions. Waystone Fund Management (IE) Limited does not offer investment advice or make recommendations regarding investments. The Manager of the Fund is Waystone Fund Management (IE) Limited, a company regulated by the Central Bank of Ireland. The MontLake UCITS Platform ICAV is registered and regulated as an open-ended Irish collective asset-management vehicle with segregated liability between sub-Funds formed in Ireland under the Irish Collective Asset-management Vehicles Act 2015 and authorised by the Central Bank as a UCITS pursuant to the UCITS Regulations. This notice shall not be construed as an offer of sale in the Fund. The state of origin of the Fund is the Republic of Ireland.
8 SFDR INFORMATION
The investments underlying the Sub-Fund do not take into account the EU criteria for environmentally sustainable economic activities. The classification of the Sub-Fund as an Article 6 Fund means that the Sub-Fund does not promote environmental or social characteristics in a way that meets the specific criteria contained in Article 8 of SFDR or have sustainable investment as its objective in a way that meets the specific criteria contained in Article 9 of SFDR. Accordingly, the Sub-Fund does not deem Sustainability Risks to be relevant and does not integrate Sustainability Risks into its investment decisions due to the investment strategy of the Sub-Fund. Notwithstanding this classification, the Investment Manager still considers that the Sub-Fund is managed responsibly. The Investment Manager evaluates and integrates certain ESG factors at multiple stages throughout the investment process. This is considered as an important element in contributing towards long-term investment returns and an effective risk-mitigation technique and the Investment Manager does not expect that Sustainability Risks will materially impact the expected risk or return characteristics of the Sub-Fund. The Investment Manager believes its ESG-related research capabilities can help enhance portfolio relative performance, particularly in reducing exposure to countries, industries, and securities with material negative ESG risks. Please refer to the section of the Prospectus entitled “Sustainable Finance Disclosure” for further information.
9 MATERIAL INTERESTS
Q. Brands and its connected persons may hold investments in the Fund. Further information on Q. Brands’ approach to handling material interests and conflicts of interest is contained in the Prospectus of the Fund.
10 INTELLECTUAL PROPERTY RIGHTS
Q. Brands is the owner or the licensee of all intellectual property rights contained within this Site and in the material published on it. All such rights are reserved and your use of such materials are subject to the restrictions set out in this Notice. You may view, download or print out a hard copy of pages from this Site or the material made available on it for your personal reference. However you must not:
i. sell, rent or sub-license material from this Site;
ii. reproduce, duplicate, copy or otherwise exploit material on our Site for a commercial purpose without obtaining a licence to do so from us or our licensors;
iii. use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
iv. modify the paper or digital copies of any materials you have printed off or downloaded from this Site in any way; or
v. redistribute material from this Site except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organisation, or subject to such terms as may from time to time be imposed in relation to such content.
If you print off, copy or download any part of this Site in breach of this Notice, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11 LINKING TO THIS SITE
You may link to the Home Page of this Site, provided that you do so in a way that is fair, legal and does not damage Q. Brands’ reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Q. Brands’ part where none exists and, in any event, without our prior written consent. You must not establish a link from a website that is not owned by you. This Site must not be framed on any other Site, and nor may you create a link to any part of this Site other than the Home Page.
12 LINKS FROM THIS SITE
Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Q. Brands has no control over the contents of these sites or resources and accepts no responsibility for them or for any loss or damage that may arise to you from your use of them. You access such sites at your own risk. These sites will have their own terms and conditions of use, and your use of them and your relationship with their owners and/or operators will be governed by such terms and conditions.
Q. Brands has the right to terminate your access to this Site at any time on giving notice to you and in any event if you commit any breach of the terms of this Notice. In addition Q. Brands may, in the event that you breach these terms, block computers using your IP address from accessing this Site, or contact your internet service provider to request that they block your access to this Site and/or bring court proceedings against you. Q. Brands shall have no liability to you for such termination or action. In the event that your access to this Site is terminated, the remaining provisions of this Notice will continue to apply.
14 LIMITATION OF LIABILITY
Save as provided below, neither Q. Brands, any of its members, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur:
i. in the event of any failure or interruption of this Site;
ii. as a result of the act or omission of any other party involved in making this Site or the data contained in it available to you; or
iii. from any other cause relating to your access to, inability to access, or use of this Site or the materials contained on this Site, whether or not the circumstances giving rise to such cause may have been within the control of Q. Brands, or of any vendor providing software, services, or similar support.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Site and the use of this Site (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this Notice excludes or restricts any duty or liability that Q. Brands has under the Financial Services and Markets Act 2000 (as amended from time to time), the rules of the Financial Conduct Authority or the regulatory system as defined in FCAs Rules.
Nothing in this Notice shall restrict or exclude any liability that Q. Brands has to any party that cannot be excluded by law such as fraud or fraudulent misrepresentation.
You shall indemnify Q. Brands from and against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by us on the advice of our legal advisors to compromise or settle any claim) and all legal costs or expenses arising out of your use of this Site and any breach by you of any terms and conditions contained in this Notice.
16 CHANGES TO THIS NOTICE
We may revise the terms of this Notice from time to time without notice. Revised terms will apply to the use of our Site from the date of the publication of the revised terms on our Site. Please check this page regularly to ensure you are familiar with the current version of this Notice. Your continued use of this Site will be deemed to constitute your acceptance of any revised terms. If you do not agree with any changes we make to the terms of this Notice, you must not continue to use this Site.
17 GOVERNING LAW & OTHER LEGAL PROVISIONS
This Notice shall be governed by and construed in accordance with the laws of England without regard to conflicts of law principles. The English courts will have the exclusive jurisdiction over any claim arising from or related to this Site. No failure of either party to enforce any of its rights under this Notice will act as a waiver of such rights. If any portion of any provision of this Notice is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Notice shall remain in full force and effect.
+41 43 456 27 11