Our website (“the Website”) is made available to you subject to the following Terms and Conditions, which you will be deemed to accept by accessing it.

The information contained in this Website is issued by Eschler Asset Management LLP, registration number OC347227 (“Eschler”), Heathcote House, 7th Floor, 20 Saville Row, London W1S 3PR, United Kingdom. Eschler is authorised and regulated in the UK by the Financial Conduct Authority, with firm reference number 510079. Eschler is a fund management partnership providing investment management services. These Terms and Conditions shall not exclude or restrict any liability under the rules of the Financial Conduct Authority (“the FCA Rules”) or the Financial Services and Markets Act 2000 (“FSMA”) or any successor rules or legislation. Eschler’s VAT registration number is 987 0243 95.

If you have any questions, comments or complaints about Eschler or the Website you may contact us on – theron@eschlerasset.com. If you wish to take your complaint further you may be entitled to refer your complaint to the Financial Ombudsman Service. More information about the Financial Ombudsman Service can be found by visiting its website – www.financial-ombudsman.org.uk. In the event that Eschler becomes unable to meet its liabilities in respect of its regulated services, customers may be entitled to compensation of up to £50,000 from the Financial Services Compensation Scheme. Further information is available from the Financial Services Compensation Scheme – www.fscs.org.uk.

The distribution of the information contained in the Website in certain countries may be restricted by law and persons who access it are required to inform themselves of, and to comply with, any such restrictions. The information is not intended to be published or made available to any person in any jurisdiction where doing so would contravene any applicable laws or regulations. In particular, the distribution of the funds referred to in the Website (“the Funds”) as unregulated collective investment funds is restricted in the United Kingdom under the Financial Services and Markets Act 2000 (“FSMA”) and in the United States by the Securities Act 1933. Please note that certain areas of this site are restricted to registered users in order to ensure that the Website meets IOSCO guidelines with respect to private placement.

The Website is intended for those who access it from within the United Kingdom. By accessing the Website you confirm that you are aware of the laws in your own jurisdiction relating to the provision and sale of funds and related financial services products and you warrant and represent that you will not pass on or utilise the information contained in the Website in a manner that could constitute a breach of such laws by Eschler or any other person. Eschler shall have no liability whatsoever, now or in the future, for any use you make of this information unless such liability arises as a matter of law or regulation. The 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.

The Website and its contents are provided for information purposes only and do not constitute investment, legal, tax or other advice or any recommendation to buy, or sell or otherwise transact any of the Funds or stocks mentioned. Prospective investors should take appropriate professional advice before making any investment decision. Investments in the Funds are to be made solely on the terms of the relevant prospectus and no reliance should be placed on the information contained in the Website.

Eschler makes every effort to keep the content of the Website accurate and up to date and while the information contained in the Website has been taken from sources which Eschler considers to be reliable, no warranty is given that such information is accurate or complete and it should not be relied upon as such. Any opinions expressed on the Website reflect Eschler’s judgement at the date of issue of the relevant report and are subject to change. Eschler reserves the right to change the information on the Website at any time at its discretion and without notice.  Eschler will not be responsible for any liability for loss or damage of any kind which arises, directly or indirectly, from the use of the information contained in the Website.

If the information published on the Website appears to contain errors, or information expected to be found on the Website is lacking, Eschler will try to remedy this as soon as possible after having been notified of the same. To notify us of any errors please contact: theron@eschlerasset.com.

The value of investments may go down as well as up and may be affected by change in rates of exchange. Investors may not get back the amount invested. Investors may potentially lose all of their invested capital. Reference should be made to the prospectus or other official marketing document in respect of the relevant Fund for further details of the financial commitments and risks involved in connection with an investment in the each Fund. Past performance is not a guide to future returns.

The Website is protected by copyright and all information and data made available to you on the Website is the property of Eschler. The use of any trademarks and logos displayed on the Website without Eschler’s prior written consent is strictly prohibited. Information on the Website may not be published or redistributed without Eschler’s prior written consent. You may not copy, reproduce, re-publish, post or exploit or disseminate in any other way the materials on the website without prior authorisation in writing from Eschler, other than to download information from the Website and reproduce it for private use, and disseminate it among family members.

Eschler accepts no responsibility for the content of any external websites linked to the Website, or advertised on the Website in the form of banners, nor any products or services offered through such external websites. The use of such external websites is at the user’s own risk.

Eschler does all it can to ensure that there is no interruption to the availability of the Website. However, it accepts no responsibility for any loss or damage you may suffer as a result of any interruptions – whether voluntary or involuntary – which may occur. Eschler does not offer any guarantee regarding the compatibility of the Website with any of your equipment. As a visitor to the Website, you must ensure that you have the appropriate computer equipment as well as the necessary software, including security software (firewall and anti-virus). Eschler does not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that are downloaded are free from viruses, contamination or destructive features.

As a user of the Website, you agree not to:

  • use the information published on the Website in an illicit or illegal manner;
  • use the Website in such a way that it is thereby damaged, altered, interrupted, or rendered less effective in any way;
  • use the Website to transmit computer viruses, or to send illegal or illicit material, or material that is inappropriate in any way, especially, but not exclusively, offensive, obscene, or threatening material;
  • use the Website in such a way that it damages the rights of individuals or organisations, especially, but not exclusively, the rights to privacy and intellectual property; or
  • use the Website to send or transmit promotional material or advertising.

Eschler reserves the right to suspend, restrict or terminate your access to the Website at any time without notice, and to formally notify you and/or take legal action against you, if we have reasonable grounds to believe you have breached any of the restrictions above, or any other provisions of these Terms and Conditions.

Privacy Notice

This notice describes how Eschler Asset Management LLP (Eschler) uses personal data. It outlines Eschler’s data protection obligations and your data protection rights under the regime introduced by the EU General Data Protection (Regulation 2016/679, the “General Data Protection Regulation”).

The GDPR applies to “personal data” meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.

Eschler needs to use your personal data to provide its services to you, so this notice outlines the following points about the processing of your personal data:

  • which data items are used, how they are used and who they are shared with;
  • why this is done and the lawful basis;
  • your rights and Eschler’s obligations.

Why Eschler needs to process personal data:

Your Data are collected to effectively and properly manage your account(s) with us. Data is stored for specific purposes and only data that is relevant to that purpose will be stored. We may use the Data for several different purposes, including;

  1. to provide investment services and to carry out obligations arising from any agreements entered into between you and Eschler;
  2. to provide you with information, products or services that you request from us (including through our website) or which we feel may interest you, where you have consented to be contacted for such purposes;
  3. to make our procedures more efficient, to implement security measures and to combat fraud and other crimes;
  4. to competent authorities (including tax authorities), courts and bodies as required by law or requested or to affiliates for internal investigations and reporting and
  5. to notify you about changes to our products and services and your investments.

If at any time you wish to be removed from marketing mailing lists or for any limits to be applied with respect to marketing materials received by you, please let us know. You can do this by e-mailing your Eschler relationship manager, data protection officer or any of the Eschler Partners. Contact details are available at the bottom of this notice.

Data collection:

Eschler may collect data:

  1. when you or an agent of yours contacts Eschler in relation to business and services offered;
  2. when you complete documents or forms during the course of business with Eschler;
  3. from Service Providers and other third parties that assist us in conducting business;
  4. when you telephone Eschler; and
  5. when you use the Eschler website or online services.

Data storage:

Eschler stores your data on physical and electronic media. Data is safeguarded by Eschler and its Service Providers by maintaining physical and electronic security controls that are designed to comply with applicable legal standards.

The Data that is collected or held in relation to you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our Service Providers. In some cases, the laws of the destination country may not provide the same level of data protection as countries within the EEA. However, all Data wherever they are held by Eschler will be afforded a high level of protection against any unauthorised or accidental disclosure, access or deletion. By submitting your Data you agree to this transfer, storing or processing.

Unfortunately, the transmission of information via the internet is not completely secure. Although Eschler will do its best to protect your Data, we cannot guarantee the security of your Data transmitted electronically. Any such transmission is at your own risk.

Types of data that might be collected:

During Eschler’s relationship with you Eschler may collect and process Data about you, including:

  1. information which individuals and entities provide when contacting us (including through using this website) (such as their names, postal addresses, telephone numbers, identification documents and e-mail addresses);
  2. corporate information;
  3. details of services provided to you;
  4. details of purchases and redemptions of financial instruments;
  5. where permitted or required by regulators or the law, special categories of personal information such as health information or information relating to criminal convictions or offences;
  6. detailed financial information, including investment portfolio details, income levels, taxation details, domicile and sources of income; and
  7. information regarding relationships you have with banks and/or other financial institutions (including bank details).

Data sharing:

Eschler uses Service Providers to conduct aspects of its business, so information may be disclosed to them and their affiliates Data that you have provided in order to fulfil the purposes for which the Data is held. These Service Providers may disclose such Data to each other and to each other’s affiliates in order to achieve the same purposes.

Eschler and its Service Providers may also be required to disclose your Data to governmental agencies, self-regulatory organisations, industry associations and similar bodies in order to fulfil legal and regulatory requirements. In addition, the laws of certain countries and states give people involved in lawsuits and other legal proceedings the right under certain circumstances to obtain information from Eschler and its Service Providers, including your Data. Eschler and its Service Providers will comply with these laws to the extent required.

Eschler will not sell your Data to any third party. Wherever possible, Service Providers are required to enter into confidentiality agreements that prohibit them from selling or improperly using your Data.

Data retention:

Eschler will retain your personal information for a period of up to seven years following the point where the business relationship has ceased.

It may be necessary to retain your personal information beyond this period depending on additional legal/regulatory obligations. Thereafter, Eschler will refrain from collecting any further personal information on you and shall take appropriate steps to dispose of any records containing your personal information to the extent this is operationally feasible and proportionate.

Cookies:

Eschler does use cookies on its website.

Your personal data is not currently collected by Eschler using cookies.

Lawful basis for processing:

Eschler assesses all personal data that is collected or stored to ensure that there is a legal basis for each type of data under GDPR. Given that Eschler is an FCA regulated firm, the majority of lawful basis for Eschler’s processing is to meet its obligations to the FCA (legal obligation basis) or to fulfil its obligations to you under contract (contract basis).

Other lawful basis may be used where Eschler assesses this is necessary and appropriate.

Data subject rights:

You have the following rights, in certain circumstances, in relation to your personal information:

  • Right to access your personal information (in an easily readable form);
  • Right to rectify your personal information;
  • Right to restrict the use of your personal information (in certain specific circumstances);
  • Right to request that your personal information is erased (in certain specific circumstances). Please note that the right for your data to be erased (the “right to be forgotten”) that applies in some contexts under the General Data Protection Regulation is not likely to be applicable to most, if not all, of the personal information you provide to Eschler, given the specific nature of the purposes for which Eschler uses the data, as described above;
  • Right to object to processing of your personal information (in certain specific circumstances);
  • Right to data portability (in certain specific circumstances);
  • Right to withdraw consent (in certain specific circumstances); and
  • Right to receive information regarding any entities we disclose your data to.

Where Eschler or its Service Provider(s) requires your personal information to comply with AML or other legal requirements, failure to provide this information means Eschler may not be able to accept you as a client or investor.

Eschler shall notify you of any personal information breach affecting you that is likely to result in a high risk to your rights and freedoms.

Changes to this notice:

Eschler may need to update its privacy notice in response to regulatory requirements or changes to its business. The latest notice will be available on the Eschler website.

How to contact Eschler:

Under the GDPR, data subjects can make a complaint to the supervisory authority including the Member State in which they reside or work or the place of the alleged infringement.

If you have any questions or concerns about personal data or this privacy policy or you wish to make a complaint about how Eschler has processed your personal data, please contact Eschler by contacting our Data Protection Officer Theron de Ris theron@eschlerasset.com.

24th May 2018

Stewardship Code

Under Rule 2.2.3R of the FCA’s Conduct of Business Sourcebook, Eschler Asset Management LLP (the “Firm”) is required to include on this website a disclosure about the nature of its commitment to the UK Financial Reporting Council’s Stewardship Code (the “Code”) or, where it does not commit to the Code, its alternative investment strategy. The Code is a voluntary code and sets out a number of principles relating to engagement by investors with UK equity issuers. Investors that commit to the Code can either comply with it in full or choose not to comply with aspects of the Code, in which case they are required to explain their non compliance and state in general terms its alternative investment strategy.

The seven principles of the Code are that institutional investors should:

• Publicly disclose their policy on how they will discharge their stewardship responsibilities;

• Have and publicly disclose a robust policy on managing conflicts of interest in relation to stewardship;

• Monitor their investee companies;

• Establish clear guidelines on when and how they will escalate their activities;

• Be willing to act collectively with other investors where appropriate;

• Have a clear policy on voting and disclosure of voting activity; and

• Report periodically on their stewardship and voting activities.

The Firm provides investment management services to various funds and managed accounts (“the Funds”) that pursue investment strategies that involve investing in a wide range of securities and instruments without limitation in various jurisdictions. If the Firm were to invest directly in UK single equities these would represent only a small part of the firm’s business. Hence, while the Firm generally supports the objectives that underlie the Code, the Firm has chosen not to commit to the Code. The approach of the Firm in relation to engagement with issuers and their management is determined globally. The Firm takes a consistent approach to engagement with issuers and their management in all of the jurisdictions in which it invests and, consequently, does not consider it appropriate to commit to any particular voluntary code of practice relating to any individual jurisdiction.

For further information on the Firm’s approach contact: theron@eschlerasset.com