Runestone Capital – TERMS AND CONDITIONS OF USE
In these Terms & Conditions of Use (these “Terms”), references to “you” and “your” are references to any person using or accessing (or attempting to use or access) www.runestonecap.com (this “Website”).
1. About Runestone Capital Limited
This Website is operated by Runestone Capital Limited (“Runestone”) and the information on this Website is issued by Runestone both inside and outside the United Kingdom. Runestone is a limited company with its head office at 239 Kensington High Street, London W8 6SN, UK. Runestone is and appointed representative of BGB Weston (bgbweston.com) which is authorised and regulated in the United Kingdom by the Financial Conduct Authority (the “FCA”) and appears on the FCA Register with firm reference number 229284. BGB Weston address is 15-17 Grosvenor Gardens, London SW1W 0BD, UK.
2. About this Website
This Website is broadly separated into information about the people, product, and general information a general area which carries information about Runestone Capital, and investment strategy[and names specific fund] managed by Runestone. In these Terms, this area is referred to as the “General Area”; and
In order to access the General Area, you must first confirm: (i) that you are a professional client or an eligible counterparty for the purposes of the FCA Rules; (ii) your acceptance of these Terms; (iii) unsolicited approach; (iv) that you recognise the Website contains information on products which may not be available to those who reside in your jurisdiction; and (v) that you are accessing this Website in compliance with the laws and regulations of the jurisdiction or country in which you are residing.
3. Investment Information
The distribution of the information contained on this Website in certain jurisdictions may be restricted by law and persons who access it are required to inform themselves of, and to comply with, any such restrictions.
This Website, and the information contained on it, is directed only at persons in any jurisdiction or country where such access to, and use of, the information contained on this Website is not contrary to local law or regulation. The Funds referred to on this Website are not available, and prospectuses, information memoranda and other offering materials in respect of them will not be distributed, to any person resident in the territory of any jurisdiction where such distribution would be contrary to local law or regulation.
The information on this Website does not constitute an offer or solicitation in any jurisdiction in which such an offer or solicitation is not authorised or to any person to whom it is unlawful to make such an offer or solicitation. All persons accessing this Website do so of their own initiative. Prospective investors in the Funds should inform themselves as to applicable legal and regulatory requirements (including in relation to exchange controls and taxation) in the countries of their citizenship, residence or domicile. Runestone and its partners disclaim all responsibility if you access or download any information from this Website in breach of any law or regulation of the jurisdiction or country of which you are a citizen or in which you are residing or domiciled.
The terms of investment in any Fund are governed by the documents establishing such terms. In the event of any inconsistency between the information on this Website and the terms specified in, or established pursuant to, the documents establishing the terms of issue or contract, the terms so specified or determined shall prevail. An application for shares or interests in any of the Funds should only be made having read fully the relevant prospectus, information memorandum and other offering information for the relevant Fund. It is your responsibility to use such documentation and by making an application you will be deemed to represent that you have read such applicable documentation and agree to be bound by its contents.
Information available on this Website may constitute a financial promotion for the purposes of the FCA Rules.
4. Accuracy of Information
The information contained on this Website (including any expression of opinion or forecast) has been obtained from, or is based on, sources believed by Runestone to be reliable, but is not guaranteed or warranted as to its current validity, accuracy or completeness. Such information is provided without obligation on the part of Runestone its partners or employees, and on the understanding that any person who acts upon it or changes his investment position in reliance on it does so entirely at his own risk. The information contained on this Website does not constitute an offer to buy or sell or an invitation to make an offer to buy or sell shares in any investment.
Opinions expressed represent the opinions of Runestone at the date of publication only, reflecting prevailing market conditions and certain assumptions (which may not prove to be valid), and are subject to change.
Information posted on this Website is current only as at the date it is first posted and may no longer be true or complete when viewed by you. All information contained on this Website may be changed or amended without prior notice.
5. Material Interests
Runestone, its partners and/or its employees may have holdings in the Funds and may otherwise be interested in transactions that you effect in those Funds.
6. No Advice
This Website is published solely for informational purposes on the basis that you make your own investment decisions. This Website has no regard to the specific investment objectives, financial situation or particular needs of any person.
The information contained on this Website is not intended to constitute, and should not be construed as, a personal recommendation or investment advice.
Potential investors in the Funds should seek their own independent financial advice. Runestone neither provides investment advice to, nor receives and transmits orders from, investors in the Funds.
7. Risk Factors
Investments in the Funds and other investments referred to on this Website involve risk. The value of investments and the income deriving from them may go down as well as up. You may not get back the original amount invested and may lose all of your investment.
Past performance is not a reliable indicator of future results.
To the extent that this Website contains any indications as to future performance, such forecasts are not a reliable indicator of future performance.
Exchange rates may cause the value of overseas investments and the income deriving from them to rise and fall. Tax assumptions may change if the law changes and the tax treatment applicable to you will depend on your individual circumstances and may be subject to change in the future. You should consult your own tax adviser in order to understand the tax consequences of an investment in a Fund.
The risk factors set out above are not complete and you must refer to the relevant offering documents with respect to the risks attaching to investment in individual Funds.
8. Your Use of this Website
You must NOT use this Website (or permit or procure others to use it) as follows:
8.1 if you are a retail client for the purposes of the FCA Rules and/or it is otherwise unlawful for you to access the information on this Website;
8.2 for any unlawful, improper or illegal purpose or activity;
8.3 to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
8.4 in a manner intended to threaten, harass, or intimidate;
8.5 to violate Runestone or any third party’s copyright, trademark, proprietary or other intellectual property rights;
8.6 to impersonate any of Runestone partners, employees or other person or use a false name while using this Website or implying an association with Runestone;
8.7 to penetrate Runestone security measures or other entities’ systems (“hacking”);
8.8 to generate excessive amounts of internet traffic, to interfere with Runestone network or other’s use of this Website or to engage in activities designed to or having the effect of degrading or denying service to users of this Website or others; and/or
8.9 to introduce viruses, worms, harmful codes and/or Trojan horses onto the internet or into this Website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this Website is free from such items.
When using this 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 this Website in certain countries and Runestone, its partners, employees, associates and affiliates disclaim all responsibility if you download any information from this Website in breach of any law or regulation of the country in which you reside.
To the extent that you are provided with a username and password in order to access the Client Area, you:
(A) shall be solely responsible for the use of the Client Area accessed through your username and password;
(B) must treat this information as confidential and you must not disclose it to any third party or allow any third party to access this Website using your username and/or password;
(C) authorise Runestone e to assume that any person using this Website with your username and password is you; and
(D) agree to notify Runestone immediately if you suspect unauthorised use of this Website.
9. Termination and Suspension of Access to this Website
Runestone reserves the right to deny you access to this Website, or immediately to suspend or terminate your access to this Website, or to disable any username or password (whether chosen by you or allocated by us) at any time if your use of this Website (in the sole discretion of Runestone) in any manner breaches these Terms or for any other reason.
10. Intellectual Property Rights
The entire contents of this Website are subject to copyright with all rights reserved. You may download or print individual sections of this Website for your personal use and information only provided that you retain all copyright and other proprietary notices. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose this Website without the prior written permission of Runestone. You must not transmit any virus, “worm”, “Trojan horse” or other item of a destructive nature to this Website and it is your responsibility to ensure that whatever you download or select for your use from this Website is free from such items.
Nothing on this Website should be construed as granting any licence or right in relation to any of the trademarks of Runestone or those of its associates or affiliates or any third party.
11. Linked Websites
This Website may be linked to third party websites or contain information provided by third parties. Neither Runestone nor its partners or employees make any representation as to the accuracy or completeness of such websites or information. Runestone has not and will not review or update such websites or information and cautions you that any use made of such websites or information is at your own risk. Runestone and its partners and employees do not accept any liability arising out of the information contained on any linked website or information on this Website provided by a third party and the use of such sites and information is at your own risk.
12. Liability for Use of this Website
Access to this Website is permitted on a temporary basis and Runestone reserves the right to withdraw or amend the service provided on this Website without notice. Runestone and its partners and employees do not accept any liability if, for any reason, this Website is unavailable at any time or for any period.
No representation, warranty or undertaking is given as to the accuracy or completeness of the information contained on this Website by Runestone, its partners, employees or any of its associates or affiliates and no liability is accepted by such persons for the accuracy or completeness of such information. In no event will Runestone, its partners, employees or any of its associates or affiliates be liable to any person (including, for the avoidance of doubt, persons who are accessing this Website in compliance with these Terms and those who are not as well as any persons who may be informed of the contents of this Website) for any direct, indirect, special or consequential damages arising out of any use of the information contained on this Website, or on any other hyper-linked site, including, without limitation, any lost profits, business interruption, loss of programs or data on your equipment, or otherwise, even if Runestone is expressly advised of the possibility or likelihood of such damages.
The information, except as otherwise stated, on this Website has been prepared, approved and issued by Runestone and the information and opinions contained on this Website have been compiled, or arrived at, in good faith and on the basis of publicly available information, internally developed data and sources believed to be reliable as at the date of publication However, to the extent permitted by law, Runestone, its partners, employees, associates and affiliates hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage of any kind incurred by any user in connection with this Website or in reliance on the information or opinions contained on it, or in connection with the use, inability to use, or results of the use of this Website or any websites linked to it or materials posted on it. This does not affect the liability of any person for any loss or damage which cannot be excluded or limited under applicable law.
The internet is not a completely reliable transmission medium and neither Runestone, its partners, employees or any of its affiliates or associates accepts 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 Runestone or any of its associates or affiliates. Any such transmission of information is entirely at your own risk. Nothing in these Terms is intended to exclude or restrict any duty or liability that Runestone has to its customers under the “regulatory system” in the United Kingdom (as such term is defined in the FCA Rules) or which may not be excluded or restricted as a matter of applicable law.
13. Data Protection and Privacy
Runestone collects certain personal information about you such as your name, address, telephone number, email address details and other information when it is voluntarily submitted to Runestone on this Website, including in connection with its registration procedures for access to the Client Area. Runestone uses this information to ensure compliance with its obligations under the UK regulatory regime and for its own internal purposes.
Please note that by submitting personal information you are consenting to such information being processed for the purposes referred to above. You also agree that Runestone has the right to use and store such data on its internal systems and to transfer it to its associates and affiliates, whether inside or outside the European Union, for the purpose of providing services to you. You should also be aware that the level of protection in relation to the processing of personal data may not be the same in countries outside the European Union as in the United Kingdom.
Article 5 of the General Data Protection Regulation (GDPR (EU) 2016/679) states that Personal Data must be processed lawfully, fairly and in a transparent manner. In line with the GDPR changes, we are updating our Privacy Notice, so you can better understand why and how we collect, process and destroy your data. We are committed to protecting and respecting your privacy. This policy sets out the legal basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.of Personal Data do we collect?
We may control, process and use your Personal Data, which may include names, postal addresses, email addresses, telephone numbers or any other Personal Data that you provide to us. We may also, in appropriate cases and to the extent permitted by law, control, process and use certain special categories of Personal Data which are more confidential in nature (e.g. when undertaking “Know Your Customer” (KYC) or anti-money laundering (AML) checks, we may collect information about any criminal conviction offence that you or the directors of any company might have committed). We do not intend to intentionally collect or process any Sensitive Data. By Sensitive Data we mean: (a) data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life; and (b) any other information that falls within the definition of “special categories of data” under Data Protection Laws or any other applicable law relating to privacy and data protection.
Where we act as Data Controller, we rely on the following legal basis for Processing your Personal Data:
- Consent – if you are a recipient of our online direct marketing;
- Legitimate interests – if you are our client or prospect client, business affiliate, employee or potential employee, or our website visitor;
- A soft opt-in exception, when consent is not required and the Firm gives the opportunity to opt-out;
- Performance of contract – if you are our client, supplier, employee, akin to employee or business affiliate or our website visitor;
- Legal obligation – if we process Personal Data according to requirements of domestic legislation.
Where we act as Data Processor, we process Personal Data on behalf of Data Controllers and we act on their written instructions. officer
The Firm has no regulatory obligations under the GDPR to appoint a DPO; the Firm has no data protection officer (DPO) currently appointed. The GDPR sets out guidelines on when the appointment of a DPO shall be required as follows:
- Where the scope or purpose of collecting data requires a regular systematic monitoring of the Data Subjects;
- Where the Firm processes special categories of data on a large scale;
- Where Processing is carried out by a public authorityisposal of data collected
The Firm controls and processes Personal Data when using a Client Relationship Management (CRM) system.
The Firm collects information about Clients, Prospects and other business contacts like Stakeholders and Industry Participants from existing contacts, registered users, industry events, etc.
- Personal Data
Names, professional mailing addresses, professional telephones numbers, notes, emails (“Contacts”). The Firm does not intentionally collect or process any Sensitive Data into its Client Relationship Management (CRM) tool.
The personal information collected by the Firm is for the following legitimate interest:
- Provision of financial products and services;
- Promotion of ideas and events relating to services we provide;
- The accuracy of client records;
- Maintenance of records of communications and management of your relationship with us;
- To respond to you enquires;
- To comply with any present or future law, rule, regulation, guidance, decision or directive (including those concerning anti-terrorism, fraud, AML and anti-corruption);
- To carry out, in appropriate cases, KYC checks and other procedures that we undertake prior to you becoming a customer of ours; and
- Prevention and detection of fraud and other illegal activity or misconduct.
Your data is stored using cloud-based applications and ISP software applications. Most of Personal Data is stored in a CRM system.
- Processing & Transfer of Personal Data
All processing takes place in the European Union or in the US (only where the Sub-Processor is an EU-US Privacy Shield Framework participant).
We will keep your Personal Data for no longer than reasonably necessary. We will retain your personal information in accordance with legal and regulatory requirements.
Personal Data shall not be kept for a period longer than is necessary for serving its purpose. Personal Data shall be deleted upon request or after 5 years if it doesn’t have a legitimate purpose (e.g. after a business relationship ends). Record keeping to evidence KYC must not be extended over the 5-year retention period as required by the AML Directive that focuses on fighting money laundering and terrorist financing we share our information with
We will not share personal information about you with third parties without your consent. We are required, by law, to sometimes pass on some of this Personal Data to:
- Law enforcement agencies; financial regulators and other relevant regulatory authorities; government bodies; tax authorities; courts tribunals and complaints/dispute resolution bodies;
- Other bodies as required by law or regulation; or
- Related financial institutions such as trustees, custodians and sub-custodians; insurers; fraud protection agencies; and/or similar suppliers or service providers.
To fulfil our contract with you, the Firm may sometimes pass information to:
- IT services including client relationship management platforms; and
- Intragroup to related affiliates also working on providing you with related services transfer outside the EEA
The Firm does not transfer your personal information outside of the European Economic Area (EEA) unless the transfer is necessary for one of the reasons set out in the GDPR including the performance of a contract between the Firm and the Data Subject, reasons of public interest, to establish, exercise or defend legal claims or to protect the vital interests of the Data Subject where the Data Subject is physically or legally incapable of giving consent and, in some limited cases, for our legitimate interest. If you are a client of Runestone Capital U.S. Fund or Runestone Capital U.S. LLC than we might obtain your information
In these cases, we will follow the GDPR Guidelines in protecting the transfer of data to countries outside the EEA to ensure that the level of data protection afforded to individuals by the GDPR is not undermined.
The Firm will only transfer Personal Data outside the EEA if one of the following conditions applies:
- The European Commission has issued a decision confirming that the country to which we transfer the Personal Data ensures an adequate level of protection for the Data Subjects’ this refers to (individual’s resident rights and freedoms);
- Appropriate safeguards are in place such as binding corporate rules (BCR), standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism, a copy of which can be obtained from the Responsible Officer; or
- The Data Subject has provided Explicit Consent (Explicit consent is where permission has been given by the Data Subject in writing to the proposed transfer after being informed of any potential risks.r rights and your Personal Data
You have a right:
- To request a copy of your Personal Data which the Firm or related data Controller holds about you;
- To request the Firm or any related data Controller to correct any Personal Data if it is found to be inaccurate or out of date;
- To request your Personal Data is erased where it is no longer necessary for the Firm or related data Controller to retain such data;
- To withdraw your consent to the Processing at any time if consent constitutes the lawful basis for processing;
- To object to Processing based on grounds relating to the Data Subject situation if the processing is necessary for the performance of a task carried out in the public interest or the processing is necessary for the purposes of the legitimate interest by us or a third party, unless such interest is overridden by your fundamental rights and interests;
- To request a restriction is placed on further Processing;
- To lodge a complaint with the Information Commissioners Office (the UK Supervisory Authority); you can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF; and
- Not to be subject to a decision based on automated Processing.
Where we may seek to further process your data other than for the original purpose for which it was collected, the Firm shall only further process such data where the new Processing is compatible with the original purpose.
We take your privacy seriously and take every reasonable measure and precaution to protect and secure your Personal Data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction.ata (if applicable)
Owing to the products and services that we offer, such as the performance of KYC and other background checks, we sometimes need to process special categories of data which are deemed to be more confidential in nature. Where we collect such information, we will only request and process the minimum necessary for the specified purpose and identify a compliant legal basis for doing so. Where we rely on your consent for Processing Special Categories Data, we will obtain your explicit consent through electronic means.erests (if applicable)
We occasionally process your personal information under the Legitimate Interests’ legal basis. Where this is the case, we have carried out a Legitimate Interests’ Assessment (LIA) to ensure that we have weighed your interests and any risk posed to you against our own and that such interests are proportionate and appropriate such as for the purposes of Human Resources management such as payroll data if applicable, marketing and day-to-day operations.arketing
When sending marketing materials to customers, we may have the option to rely on your consent or legitimate interest.
We only use legitimate interests for marketing if we have assessed that the information being sent is beneficial to the customer, and have weighed our interests against your own and there is little to no risk posed, the method and content are non-intrusive, and the material being sent is something you would usually expect to receive.and traffic data
Cookies are small text files – typically of letters and numbers – originating from the websites visited which are stored on your computer (either your browser or your computer’s hard drive) when you visit such websites. In general, cookies help identify you through your IP address, without collecting information about your identity. Cookies are used to store a variety of information about you and your preferences which is afterwards sent back to the visited website.
We use two types of cookies on our website enabled at different times:
Session cookies – these are temporary cookies that remain in the cookie file of your browser until you close the browser. This is to ensure connections to our servers are distributed evenly to provide optimal performance.
Analytical cookies – Sometimes called third party cookies,in order to: record the time of your first visit to website, the time of your most recent visit to the website and the duration of your visit to record how you located our website (i.e. Google search, links from other pages etc.)
The cookies we use for these purposes do not track your Internet usage after leaving our website and do not store your personal information. They will not be used in connection with any other information to identify you in any way. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
The Firm reserves the right to change this Policy at any time. Material changes will be notified to affected parties as appropriate.
14. Contact Us
You can contact Runestone at:
Telephone: +44 207 316 3084
Fax: +44 207 316 3001
Runestone Capital Limited
239 High Street Kensington, 1st Floor
London, W8 6SN
If you do not agree with these Terms and Conditions of Use and/or you are a retail client for the purposes of the FCA Rules, you are not permitted to access this Website.