LEGAL NOTICE
Privacy Statement

Legal notice

The provisions of this legal notice apply to the entire contents of this website under the domain name www.forestaycapital.com (the “Website”). Please read the following terms carefully before using this Website. By using this Website you acknowledge and accept these terms and conditions. If you do not accept these terms and conditions, do not use this Website.

  1. Introduction
    1. This Legal Notice is issued by Forestay Capital SA (“Forestay”).
    2. By accessing any part of this Website, you shall be deemed to have acknowledged and accepted this Legal Notice in full. If you do not acknowledge and accept this Legal Notice in full, you must leave this Website immediately and not use any information contained in it for any purpose.
    3. Forestay may revise any provision or the whole of this Legal Notice at any time by updating this posting and without further notice to you. Your continued use of this Website shall signify your agreement with and understanding of any revisions. You should check this Website from time to time to review the then current Legal Notice as its provisions are binding on you. Certain provisions of this Legal Notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
  2. License
    1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Forestay, its affiliates and/or its licensors. Nothing in this Website is designed to grant any license or right to use any image, trademark or logo. For the purposes of this Legal Notice, any use of extracts from this Website other than in accordance with paragraph 2.2 below for any purpose is prohibited. If you breach any of the terms in this Legal Notice, your permission to use this Website automatically terminates and you agree to immediately destroy any downloaded or printed extracts from this Website.
    2. You are permitted to print and download extracts from this Website for your own personal and non-commercial use on the following basis:
      • no documents or related graphics on this Website are modified in any way;
      • no graphics on this Website are used separately from accompanying text; and
      • all copyright and trade mark notices and this permission notice appear in all copies.
    3. Subject to paragraph 2.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Forestay's prior written permission.
    4. You may link to the home page of this Website as long as the link does not cast Forestay or any of its affiliates in a false or misleading light or suggest or imply that you own or are the author of content on the Website or that you have any kind of relationship with Forestay or any of its affiliates.
    5. Any rights not expressly granted in this Legal Notice are reserved.
  3. Service access
    1. Neither Forestay nor any of its affiliates shall be liable if for any reason all or any portion of this Website is unavailable or malfunctions at any time or for any period.
    2. Access to this Website may be suspended without notice in the case of system failure, maintenance or repair or at any other time in Forestay or any of its affiliates' absolute discretion.
  4. Visitor material and conduct
    1. You are prohibited from posting or transmitting to or from this Website any material:
      • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
      • for which you have not obtained all necessary licences and/or approvals; or
      • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
      • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    2. You may not use the Website in any manner or for any purpose except as expressly provided herein (including, without limitation, by hacking or any conduct that would violate any applicable law, regulation or statute).
    3. Forestay shall fully co-operate with any law enforcement authorities or court order requesting or directing Forestay to disclose the identity or locate anyone posting any material in breach of paragraph 4.1 or 4.2.
  5. Links to other websites
    1. Any links to third party websites (including, without limitation, websites of any of Forestay's affiliates) on this Website are provided solely for your convenience. If you use these links, you leave this Website. Forestay has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Forestay therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
  6. Submissions 
    1. Forestay and its affiliates generally do not accept unsolicited requests, proposals, business plans, applications, ideas, suggestions or other materials (collectively, the “submissions”).
    2. In the event that any submissions are submitted or offered to us, using the site or otherwise, such submissions (i) will not be treated as confidential and (ii) will become and remain Forestay's sole property, unless otherwise agreed in writing and duly signed by Forestay or any of its affiliates.
    3. Forestay and its affiliates will have the right to freely use, disclose, modify, copy, reproduce, publish, transmit, display, sublicense, translate, create derivative works from and distribute any submissions in any medium and via any distribution, transmission or display method for any purpose whatsoever, commercial or otherwise. Neither Forestay nor any of its affiliates will owe you or any person compensation for any submissions. Whether Forestay or its affiliates will use any submissions is entirely at their sole discretion.
  7. Privacy Statement
    1. This Privacy Statement explains how Forestay and its subsidiaries and affiliates process the personal data of individuals with whom we interact, including but not limited to visitors to our Websites.
    2. Our Privacy Statement will help you understand the information we collect, how we use it, and what choices you have.  This privacy statement applies only to the www.forestaycapital.com website (the Website) provided by Forestay ("we", "us", "our"). 
    3. Personal data that we collect about you
    4. We will collect and process the following personal data about you/your staff:
      • Information that you provide to us. This includes information about you that you give us by filling in forms or by communicating with us, whether face-to-face, by phone, e-mail or otherwise such as:
      • information confirming your staff, directors or ultimate beneficial owner’s identity, business cards contact details or collecting information at conferences or business events, any information required for us to perform a contract (such as your financial information or address) and other information we are obligated to gather by law, or during the course of our relationship.
    5. Information we collect or generate about you. This includes:
      • any records of correspondence, agreements, performance metrics and measures, other legal documentation, and any other information we are required by law to generate, such as records of payments and other data that may be required for statutory and other lawful reporting purposes.
    6. Information we obtain from other sources. 
      • We are required by law to regularly monitor our compliance to anti-money laundering and counter-terrorist financing.  This would include: 
      • us performing online search engine searches and using Worldcheck or similar background verification tools.
    7. Use of your personal data: Your personal data may be stored and processed by Forestay in the following ways and for the following purposes:
      • ensuring that we have the correct financial details so we can perform investments, subscriptions and redemptions;
      • as a record of which of your staff are our key contacts to ensure we can send you correspondence from time to time;  
      • to review the performance of your staff or organisational activities; or 
      • to perform ongoing "know your client" reviews as required by law or regulatory obligation.
    8. The legal grounds we rely on for processing personal data
    9. We are entitled to use your personal data in these ways because: 
      • they are needed for the performance of a contract with you; 
      • we are required to do so to demonstrate compliance with legal obligations; 
      • we may need to do so in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings; 
      • it is necessary for our legitimate interests and does not unduly affect your interests or fundamental human rights and freedoms.  Examples of the legitimate interests we have are:
      • to benefit from cost-effective services (for example, we may opt to use certain accounting and administration service providers across a number of our funds);
      • to have our business records audited and independent review of our policies and procedures;
      • to maintain records, perform risk assessments and effectively manage our financial position, relationships, business capabilities and communications; or
      • to prevent fraud or criminal activity, misuse of our products and services, as well as the security of our IT systems, architecture and networks.
      • There may be other occasions where we ask you for your consent for the processing of your personal data, on such occasions we will only use your personal data for the purpose which we will explain at that time.
    10. Sensitive Personal Data
      • We do not seek to collect or otherwise process your sensitive personal data; save that we may receive sensitive personal data falling within special categories, such as any personal data relating to political affiliations as part of our Politically-Exposed-Person checks.  Any processing of such sensitive personal data will be necessary for reasons of substantial public interest and occurs on the basis of an applicable law that is proportionate to the aim pursued and provides for suitable and specific measure to safeguard your fundamental rights and interests.  There may be other occasions where we seek to process your sensitive personal data, on such occasions we will only use your sensitive personal data for the purpose which we will explain at that time.
    11. Criminal Offences Data
      • We will only process criminal offences data to the extent required or permitted by applicable law.
    12. Security
      • We take the security of all the data we hold very seriously.  We adhere to internationally recognised security standards and our information security management systems have been independently certified as complying with the requirements of ISO/IEC 27001 and ISO 9001.
      • We have a framework of policies, procedures and training in place covering data protection, confidentiality and security which are regularly reviewed for the appropriateness of the measures we have in place to keep data we hold secure.
      • Although we use appropriate security measures once we have received your information, the transmission of data over the internet (including e-mail) is never completely secure.  We endeavour to protect personal information, but we cannot guarantee the security of data transmitted to us or by us.
    13. Disclosure of your information to third parties
      • If we enter into a working relationship with you, we may disclose your personal data to our affiliates:
      • where we use professional accounting and administration firms to provide us with payment services, maintaining shareholders’ registers and performing corporate secretarial duties; 
      • where we may need to provide the data as part of our statutory obligations to have independent audits of our accounts and records;
      • where we use a number of corporate banks to perform transactions and payments on our behalf, and other professional advisors, for example law firms, as necessary to establish, exercise or defend our legal rights or obtain advice in connection with the running of our business;  
      • to enable us to efficiently manage our relationship with you or your business, keeping our records up to date, maintaining records of services provided and our interactions with you, including responding to any complaints we may receive from you and to seek to resolve these; or
      • to run our business in an efficient and proper manner, including audit, risk management processes, managing our financial positions, business capability, planning, communications, corporate governance, and service provider management.
    14. We will take steps to ensure that the personal data is accessed only by personnel of such third parties that have a need to do so for the purposes described in this notice.
    15. We may also share your personal data outside of Forestay and our affiliates:
      • to third party agents or contractors (for example, the providers of our electronic data or cloud data storage services, who will only access information on those storage services at our request for data recovery and other business continuity back-up reasons; and
      • to the extent required by law, for example if we are under a duty to disclose your personal data in order to comply with any legal obligation, establish, exercise or defend our legal rights.
    16. Transfers of personal data outside the European Economic Area (“EEA”) and Jersey
    17. The personal data that we collect from you may be transferred to, and stored at, a destination outside the EEA. It may also be processed by personnel operating outside the EEA who work for our affiliates or for one of our professional services firms. 
    18. Where we transfer your personal data outside the EEA, we will ensure that it is protected in a manner that is consistent with the way in which your personal data will be protected by us in the EEA. This can be done in a number of ways, for instance:
      • the country that we send the personal data to might be approved by the European Commission; 
      • the recipient might have signed up to a contract based on "model contractual clauses" approved by the European Commission, obliging them to protect your personal data; or
      • where the recipient is located in the US, it might be a certified member of the EU-US or Swiss-US Privacy Shield schemes.
    19. In other circumstances the law may permit us to otherwise transfer your personal data outside the EEA. In all cases, however, we will ensure that any transfer of your personal data is compliant with data protection law. 
    20. The third countries we may share your information with include, but are not limited to;
      • Switzerland; and
      • USA.
    21. You can obtain more details of the protection given to your personal data when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your personal data) by contacting us in accordance with the "Contacting us" section below.
    22. Retention of personal data
      • How long we hold your personal data for will vary. The retention period will be determined by various criteria including:
      • the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose; and,
      • our legal obligations – laws or regulation may set a minimum period for which we have to keep your personal data.
    23. Purpose of this website
      • The Website is an information website designed to present the portfolio management business of Waypoint and its affiliates.
      • By using the Website you acknowledge the use by us of your Internet Protocol (IP) address, in accordance with the terms of this Privacy Statement
    24. What personal information do we collect when you visit our Website?
      • The Website collects standard internet log and technical data to measure and improve the effectiveness of this Website, to help diagnose problems with our server, to administer the Website, to see where website traffic is coming from, and to identify our users. 
      • When you visit the Website, we may collect technical information such as your IP address, details of the pages you visit on the Website, and which browser you used to view our Website with. 
    25. How is your personal data collected when you visit our website?
      • Personal data may from time to time, be collected about you from direct interactions with you, including by you filling in our “contact us” forms and any email or other correspondence you send us.  This includes personal information you provide when you request information to be sent to you.
    26. Cookies 
      • Like many websites, we may automatically collect information using "cookies". Cookies are small data files stored on your computer's hard drive by a website. Among other things, cookies make the Website work, and help us improve our Website and your experience. We use cookies to see which areas and features are popular, and to count visits to the Website.  Forestay does not permit third party cookies.
      • Please see our separate cookie policy for further information.
    27. Use of information we collect via the Website
      • We use your IP address collected through the Website for purposes described in this Privacy Statement. For example, we may use your information to operate and improve our Website or our products or services;
      • Our legal basis for collecting and using the personal information described above will depend on the context.  In order to access the Website, the IP address you provided is processed by us in our legitimate interests (of operating a clear, user-friendly website) and is not overridden by your data protection interests or fundamental rights and freedoms (since the information processed is minimal).  
      • We use your name and email address to assist you in any questions you have.  By providing your name and email address, you are consenting to us using this information for the specific reason you contacted us.  If we wish to use your name and email address for any other purpose which does require your consent, we will contact you to request this.
    28. Sharing of personal information collected from the website
      • Your personal data may be processed by us or our sub-processors (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes:
        • To send you any information you have requested, which may include updates on the performance of a fund, or invitations to events;
        • To comply with legal and regulatory requirements;
        • To scan emails sent to us (including attachments
      • Our Website servers are based at our headquarters in Geneva, Switzerland.  We may from time to time disclose your IP address to our third party website support partners, also located in Switzerland, to help with the maintenance and diagnostics of any technical issues we may experience with the Website.  
      • We use WhatsApp for some of our internal messaging.  If your contact details (name, email and phone number) are on our Personnel’s mobile devices, these details will automatically be shared with WhatsApp.  Please see WhatsApp’s Privacy Notice for more details.
      • Any personal information sent outside of the EEA is protected by stringent contractual clauses.  The European Commission has decided that both Jersey and Switzerland have been approved as having an adequate level of protection for personal data.  Please contact us at DPPC@waypointcapital.net for more information.
    29. Storage of your personal information from our website
      • We will keep IP address information for approximately 12 months from the date on which you last use the Website, after which this information will be permanently and securely deleted from both the Website and any records maintained by our third party support partners.
      • We will only retain any other personal data you have provided to us for as long as necessary to fulfil the purpose we collected it for, including for the purpose of satisfying any legal, accounting, or reporting requirements.
      • To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purpose for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.
    30. EU representative
      • Our EU representative is Waypoint Corporate Services Ltd, registered in the UK at 1 Curzon Street, London, W1J 5HD, with company registration number 07844727. Waypoint Corporate Services’ ICO data protection registration number is ZA046231
    31. Your Rights
      • You have the right to request access to the personal information that you have submitted to us, view, modify or delete it, and to object to processing, restrict processing or request portability, as well as to withdraw consent to us sending you any further communications by simply sending us an email at DPPC@waypointcapital.net
      • You have the right to complain to a data protection authority about our collection and use of your personal information.  For more information, please contact our EU representative’s Information Commissioner at https://ico.org.uk/
    32. Changes to this privacy statement
      • This statement is subject to the occasional revision, and if we make any substantial changes to the way we collect information via the Website, we will prominently post a notice of the change on the Website's home page.
    33. Questions
  8. Cookie policy
    1. This policy explains how our Website uses cookies.  Cookies are small data files stored on your computer's hard drive by a website. Among other things, cookies make the Website work, and help us improve our Website and your experience. We use cookies to see which areas and features are popular, and to count visits to the Website.  Like many Websites, we may automatically collect information using "cookies".
    2. Cookies in themselves do not identify you, just the computer or device you are using through your Internet Protocol address (IP address).
    3. We may use the following types of cookies:
      • Session based” cookie. This is essential for parts of the Website to operate and has already been set. It is used to maintain the state of a user’s actions so as not to constantly request the same information from them within a “session”.
      • Essential” cookie. This is essential for parts of the Website to operate – for example, it lets us know that you have clicked on a link to a new page and that we should now serve that new page to you. 
      • Analytics” cookie. This is used to collect information about how you use our site, such as where you have come to the Website from and which Website pages you have visited. We use the information to help us improve the Website.
    4. We do not collect other information, such as website usage activity and preferences (also known as demographic or profile data) via the Website, and do not have Advertising cookies. 
    5. With most Internet browsers, you can erase or block cookies or ask to receive a warning before a cookie is stored. The “Help” function within your browser should tell you how. Alternatively, you may wish to visit www.youronlinechoices.eu which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies.
    6. Restricting cookies will not have an impact on the functionality of our website, but it will not remember any preferences (such as language) that you have chosen, and you will have to change the settings each time you visit our site.
  9. Disclaimer
    1. The information contained in this Website is provided for the purposes of general information only and under no circumstances should any information contained in this Website be used or considered as an offer for services or as an advice, an offer, a recommendation or a solicitation to acquire or sell any type of investment products. In addition, the contents of this Website should not be construed as to provide tax, legal or investment advice. Neither Forestay nor any of its affiliates accept any responsibility or liability for any loss which may result from reliance on any of the information or opinions contained in or accessed through this Website.
    2. Whilst Forestay uses commercially reasonable efforts to post information on this Website that is correct, Forestay does not warrant the accuracy or completeness of the material on this Website. Forestay may make changes to the material on this Website at any time without notice. The material on this Website may contain typographical or other errors or may be out of date. Forestay makes no commitment to update such material.
    3. THE MATERIAL ON THIS WEBSITE IS PROVIDED "AS IS", WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORESTAY PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT FORESTAY AND ITS AFFILIATES EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT IN RELATION TO THIS WEBSITE.
  10. Liability
    1. FORESTAY, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE) AND EACH OF FORESTAY'S AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE
    2. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT ANY PERSON'S LIABILITY FOR:
      • EATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY APPLICABLE LAWS);
      • FRAUD OR FRAUDULENT STATEMENTS; OR
      • ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    3. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS OF ANY SERVICING, REPAIR OR CORRECTION.
  11. Indemnity
    1. You agree to indemnify and keep indemnified and covenant to hold harmless Forestay and its affiliates against any cost, loss, liability, including present and future damages, claim or expense (including legal and other professional fees) incurred by Forestay or any of its affiliates in connection with or arising out of: (i) your use of this Website; (ii) your breach of any terms or conditions contained in this Legal Notice or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights.
  12. Governing law and jurisdiction
    1. This Legal Notice and your use of the Website shall be governed and construed in accordance with the laws of Switzerland. Exclusive place of jurisdiction in case of disputes arising in connection with any provision of this Legal Notice or your use of the Website: Geneva.