Legal, Privacy and Cookie Information

This site is designed for investment professionals and other intermediaries authorised in the UK by the Financial Conduct Authority. If you are not an investment professional or authorised intermediary you should not proceed.

By proceeding, you agree to be bound by these terms and conditions and any additional terms and conditions described on individual pages of the website. If you do not accept the terms and conditions, please do not continue to use or access any pages of this website.

We are required to tell you the terms and conditions are in English and that we will communicate with you in English. If any part of the terms and conditions is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.

This website has been issued by Cape Berkshire and is entered on the Financial Conduct Authority (FCA) Register with the Registration Number XXX and is registered in England with the company number xxx. The register can be accessed at www.fca.gov.uk. Cape Berkshire’s registered office is Scotch Corner, London Road, Sunningdale, Ascot, Berkshire, SL5 0ER. The company is registered for VAT under reference number xxx and it is a member of the Financial Ombudsman Scheme. Should you wish to contact us please refer to the ‘Get in touch’ menu which can be found on each page of the website.

Accuracy

While considerable care has been taken to ensure the information contained within this website is accurate and up-to-date, no warranty is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in such information. All products referred to on this website are subject to change without notice.

The content, including the layout, of this site or products or services available via this website may be wholly or partly suspended, withdrawn or changed at any time. We may also immediately suspend the provision of all or any part of this website to you and/or block your access to this website.

Cape Berkshire and any third party authors of the information provided are not rendering any legal, accounting or other professional advice or opinions on specific facts or matters. Cape Berkshire assumes no liability whatsoever in connection with your use of this information.

Cape Berkshire  makes no representations about the suitability of the information contained in the documents and related graphics published on this website for any purpose. All such documents and related graphics are provided without warranty of any kind.

Changes to our terms

We may change these Terms at any time by updating these pages.

You agree to review any applicable terms and conditions regularly and that your use of any part of this website will be subject to any such changes once they are made.

Advice and availability

Cape Berkshire does not offer investment advice on the merits or suitability of products and no information contained within this website should be construed as such. Cape Berkshire only provides information about its own products and services and does not advise clients.

If you are accessing the website outside the United Kingdom, your local legislation may not permit us to offer products for you in your own country. All products or services provided to you by us shall only be available in the jurisdiction/s within which the provision of products or service are authorised to operate.

None of our products are available to residents of the United States of America, residents within an area subject to its jurisdictions or United States Persons. This applies to United States Persons who are resident outside the United States. If an investor subsequently becomes incorporated in the United States or a United States Person, Cape Berkshire Investment Management reserves the right to request a transfer of the Shares, or to redeem or cancel the Shares 90 days after giving notice to the Shareholder.

This website is intended for those who access it from within the United Kingdom. Because of this we cannot guarantee that the website, or the information thereon, complies with the local laws or regulations of, or is appropriate for use in, any other jurisdiction from which you access it. If you choose to access this website from a jurisdiction other than the United Kingdom you do so at your own risk and Cape Berkshire will not be liable for any breach of local law or regulation that you commit as a result of doing so.

Please be aware that some of the products and services listed within the website and those provided by any other third party that may be accessed via a link from this website may not be suitable for all investors.

All product information, applicable terms, conditions and disclaimers relevant to the use of the products, services or information that may be offered from time to time should be read carefully before committing to any contractual agreement. UK residents are required to see a Key Investor Information Document prior to investing in applicable funds. Key Investor Information Documents can be downloaded from this site.

Tax assumptions and reliefs depend on an investor’s particular circumstances and may change if those circumstances or the law change.

No offer to buy or sell

Information or opinions contained in this website do not constitute an offer to sell or a solicitation, or offer to buy, any securities or financial instruments. It does not form part of any contract for the sale or purchase of any investment.

Should you seek to rely in any way whatsoever upon any content contained in this website, you do so at your own risk.

Any offer is made solely by means and on the basis of the published Key Investor Information Document and Prospectus including any supplements which will also contain investment restrictions.

Investment risks

Please remember that past performance is not a guide to future performance. The value of an investment and any income from it can fall as well as rise as a result of market and currency movement and investors may not get back the amount originally invested. Investments in emerging markets are higher risk and potentially more volatile than those in established markets.

Any views expressed within this website are those of  Cape Berkshire as of the date of issue, these views may change and should not be taken as advice to invest. Any forecast, projection or target is indicative only and is not guaranteed in any way. Cape Berkshire accepts no liability for any failure to meet such a forecast, projection or target. We do not undertake to advise you as to any changes in our views.

In the case of investments for which there is not a recognised market it may be difficult for investors to sell their investment or to obtain reliable information about its value to the extent of the risks to which it is exposed.

Any past performance data that has not been shown is due to the information not being available. Stockmarket investments should be seen as a medium to long term investment and investors should plan to hold them for at least five years.

These and other risks are described in the Key Investor Information Document which should be read carefully prior to investing.

Third party sites

Links to third party websites are provided solely for your information. We have not reviewed any third party websites and are not responsible for their content. We therefore do 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 access any third party websites linked to this website, you do so entirely at your own risk. Your use of local sites and other parties’ sites may be subject to their own terms and conditions which you should read.

Neither you nor any other party may use any part of this website on any other website, or link any other website to this site, without prior written permissions. We are not responsible for the set up of any link from a third party website to the Cape Berkshire website.

Cookies

The Cape Berkshire website uses cookies and similar technologies. Cookies are a widely adopted method of helping site owners improve the efficiency of their websites and gain information about how their sites are being used. A cookie is a small file containing letters and numbers that works by enabling your web browser (e.g. Microsoft Internet Explorer) to remember certain information about your computer’s website use and to distinguish you from other visitors to a site.

The cookies that we use on our site can be categorised into the following four groups:

  1. Cookies which aid navigation through the site and are essential for the site to work properly. These cookies expire at the end of your browser session (i.e. when you close Microsoft Internet Explorer).
  2. ‘Analytical’ cookies which enable us to understand how visitors got to our site and use our site. This information helps us to improve the way our website works and to assist visitors in finding the content they need more quickly. Some of these cookies only exist in your current browser session whereas other cookies will last for a longer period, as they provide us with useful information about repeat visits to our site.
  3. Cookies that improve visitor experience but are not essential for the site to work. On our site, we use this type of cookie for the ‘remember me’ function on our terms and conditions page. This helps regular visitors gain faster access to the content they are looking for as they do not need to accept the terms and conditions each time. This cookie will last on your browser for a month and is only deployed onto the browser after you have selected the ‘remember me’ option and have accepted our terms and conditions.
  4. Third party cookies or similar technologies that allow us to provide you with advertisements on third party websites that may be more relevant to your interests. These cookies and similar technology will only be deployed once you have agreed to our terms and conditions and will exist on your browser past the end of your current session.

None of our cookies contain personal or confidential information and we will not attempt to identify you from this information. If you agree to our terms and conditions you accept our use of cookies and similar technologies. If you would like to refuse cookies, you can do so by altering the settings on your web browser. You can also clear your cookies at any time using the settings in your web browser.

For a list of cookies used by Cape Berkshire, please visit our cookies page.

Accessibility

The Cape Berkshire website has been designed to be easily navigable and has a clear and intuitive structure. If you encounter accessibility issues while using this site, please contact us on 20 3249 0100.

To help us improve our service and in the interest of security, we may monitor and/or record communications between you and us. All recordings belong to Cape Berkshire. Cape Berkshire will never contact you by phone or email requesting personal details or account information. All personal information, such as name and email address, is collected for the purposes of sending you information requested or answering queries. This information will be held by us in accordance with data protection regulation and will not be passed to third parties. Click here to read Cape Berkshire’s full privacy notice. It may, however, be used by us to inform you of other services and products offered by Cape Berkshire. If you would like to be removed from our database at any point, please contact us with your request at info@capeberkshire.co.uk In order to agree to these terms and conditions and continue through to the site, select the ‘Accept’ button below. If you reject these terms and condition please exit the site immediately.

Cookie policy

The Cape Berkshire website uses cookies and similar technologies. Cookies are a widely adopted method of helping site owners improve the efficiency of their websites and gain information about how their sites are being used. A cookie is a small file containing letters and numbers that works by enabling your web browser (e.g. Microsoft Internet Explorer) to remember certain information about your computer’s website use and to distinguish you from other visitors to a site.

None of our cookies contain personal or confidential information and we will not attempt to identify you from this information. If you agree to our terms and conditions you accept our use of cookies and similar technologies. If you would like to refuse cookies, you can do so by altering the settings on your web browser. You can also clear your cookies at any time using the settings in your web browser.

You can read more about cookies at www.allaboutcookies.org or www.aboutcookies.org.

The cookies that we use on our site can be categorised into the following four groups:

  1. Cookies which aid navigation through the site and are essential for the site to work properly. These cookies expire at the end of your browser session (e.g. when you close Microsoft Internet Explorer).
  2. ‘Analytical’ cookies which enable us to understand how visitors got to our site and use our site. This information helps us to improve the way our website works and to assist visitors in finding the content they need more quickly. Some of these cookies only exist in your current browser session whereas other cookies will last for a longer period, as they provide us with useful information about repeat visits to our site.
  3. Cookies that improve visitor experience but are not essential for the site to work. On our site, we use this type of cookie for the ‘remember me’ function on our terms and conditions page. This helps regular visitors gain faster access to the content they are looking for as they do not need to accept the terms and conditions each time. This cookie will last on your browser for a month and is only deployed onto the browser after you have selected the ‘remember me’ option and have accepted our terms and conditions.
  4. Third party cookies or similar technologies that allow us to provide you with advertisements on third party websites that may be more relevant to your interests. These cookies and similar technology will only be deployed once you have agreed to our terms and conditions and will exist on your browser past the end of your current session.

Privacy notice

Welcome to the Cape Berkshire’s  privacy notice. Cape Berkshire respects your privacy and is committed to protecting your personal data. As the Data Controller, Cape Berkshire is responsible for determining the purposes of processing your personal data. This privacy notice will inform you as to how we look after your personal data including when you visit our website regardless of where you visit it from and tell you about your privacy rights and how the law protects you. This privacy notice is provided in a layered format so you can click through to the specific areas set out below. We hope that the following sections will answer any questions you may have but do get in touch if you have any further questions. We may update this privacy notice from time to time by updating this page. Use of our services following these changes and your continued provision of personal data to us signifies acceptance of the latest version of the privacy notice. 

1. Purpose of this privacy notice 

2. The data we collect about you 

3. How is your personal data collected 

4. How we use your personal data 

5. International processing

 6. How we protect your personal data

 7. How long we retain your personal data for 

8. Your legal rights 

1. Purpose of this privacy notice 

This privacy notice aims to give you information on how Cape Berkshire collects and processes your personal data including any data you may provide through this website when you sign up to our newsletter, purchase a product/service or take part in a competition. 

This website is not intended for children. We do not collect data relating to children except where a JISA account is opened with parental or guardian consent and the child’s data is necessary for the performance of a contract.

 It is important that you read this privacy notice together with any other privacy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. 

This privacy notice supplements the other notices and is not intended to override them. 

2. The data we collect about you 

Personal data or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: 

♣ Identity data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender. 

♣ Contact data includes billing address, delivery address, email address and telephone numbers. ♣ Financial data includes bank account and payment card details. 

♣ Transaction data includes details about payments to and from you and other details of products and services you have purchased from us. 

♣ Marketing and communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences. It is important that the personal data we hold about you is accurate and current. 

Please keep us informed if your personal data changes during your relationship with us by contacting us on info@capeberkshire.co.uk 

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice. 

We do not typically collect any Special Categories of Personal Data about you. Please do not send us any personal data which would be considered as a special category of personal data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. 

If you fail to provide personal data 

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 

3. How is your personal data collected? 

We use different methods to collect data from and about you, mainly: 

♣ When you visit our website. 

♣ When you create an account with us. 

♣ When you contact us by any means to request information about a product, service or event. 

♣ When you engage with us on social media. Cape Berkshirefunds.com Website privacy notice 

♣ When you choose to complete any surveys we send or to enter a competition. 

4. How we use your personal data 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: 

♣ Where we need to perform the contract we are about to enter into or have entered into with you. 

♣ Where it is necessary for our legitimate interests (or those of a third party). Your interests and fundamental rights do not override those interests. 

♣ Where we need to comply with a legal or regulatory obligation. 

♣ For direct marketing purpose including sending you investment service and products. Below are the types of lawful basis that we will rely on to process your personal data:

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest To register you as a new customer (a) Identity (b) Contact Performance of a contract with you To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests take

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. Third-party We have to share your personal data with third parties in connection with the services we are providing for the purposes set out in the table in paragraph 4 above. Disclosures of personal data may include disclosures:

To our third party processors and service providers who provide services such as order execution, payment processing and related infrastructure provision, customer service, information technology, website hosting and data analysis.

To our third party experts and advisers including external lawyers and auditors.

To payment, banking and communication infrastructure providers.

To third party storage providers including archive service providers.

To other persons as agreed with our client or as required or expressly permitted by applicable law.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Marketing

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or entered into a contract with us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

5. International processing

The data that we collect from you will be processed by staff operating outside of the European Economic Area (“EEA”) who work for one of our suppliers. This includes staff engaged in the provision of support services. By submitting your personal data, you agree to this processing. We will take all reasonable steps necessary to ensure that your data is treated securely and in accordance with this privacy notice.

6. How we protect your personal data

We look to ensure that your personal data is processed and stored securely by means of appropriate technical and organisational measures. We regularly monitor our system for possible vulnerabilities and attacks, and we carry out testing to identify ways to further strengthen security.

7. How long we retain your personal data for

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. At the end of that retention period, your data will be deleted completely. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

8. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

Request access to the personal data we hold about you, free of charge in most cases.

Request correction of the personal data we hold for you when incorrect, out of data or incomplete.

Request erasure of your personal data in certain circumstances, for example, if the personal data is no longer necessary for the purpose which you originally consented.

Object to the processing of your personal data, so that we stop any consent-based processing of your personal data, after you withdraw consent. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Restrict the processing of the personal data we hold, when verifying accuracy of personal data or due to your objection to processing your personal data.

If we choose not to action your request, we will explain to you the reasons for our refusal.

You have the right to request the transfer of your personal data to a third party. In such circumstances we will provide the third party, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Checking your identity

To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act. Cape Berkshire will never contact you by phone or email requesting personal details or account information. If you receive such a request, please do not respond to it and notify us at info@capeberkshire.co.uk

Recording of communications

We record and monitor telephone calls and electronic communications including emails for compliance, quality assurance and governance purposes. Contacting the regulator You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance on: info@capeberkshire.co.uk

We have appointed a compliance) who is responsible for overseeing questions in relation to data protection. The appointed DPO can be contacted at: info@capeberkshire.co.uk

Fact sheet

The value of an investment and any income from it may fall as well as rise as a result of market and currency fluctuations and you may not get back the original amount invested. Past performance is not a guide to future performance and should not be the sole consideration when selecting a product.

Where references to specific securities are made, they are for illustrative purposes only and should not be regarded as recommendations to buy or sell these securities. For details of further risks please see the Prospectus. FE Crown Fund Rating applies to C Accumulation share class in pound sterling. FE Crown Fund Ratings do not constitute investment advice offered by FE and should not be used as the sole basis for making any investment decision. ©2019 FE. All rights reserved.

If you are unsure about the suitability of any Cape Berkshire investment, please consult an Authorised Financial Adviser. This document is issued by Cape Berkshire which is authorised and regulated by the Financial Conduct Authority. FCA registration number: info@capeberkshire.co.uk. Any views expressed within this factsheet are those of Cape Berkshire as at the date of issue which may be subject to change, and should not be taken as advice to invest.

We do not undertake to advise you as to any change in our views. The shares and units in Cape Berkswhire funds have not and will not be offered for sale in the United States of America and all areas subject to its jurisdiction or to United States Persons. Neptune funds are available to any persons that may be marketed to under the Financial Services and Markets Act (Promotion of Collective Investment Schemes) (Exemptions) Order 2001. All applications are made on the basis of the current Prospectus, Key Investor Information Document, Supplementary Information Document and the most recent annual and semi-annual reports where available, which can be obtained by calling info@capeberkshire.co.uk or downloaded from capeberkshire.co.uk.