COOKIE POLICY AND ACCESSIBILITYChange Cookie Settings

The Cookie Policy of Sturgeon Capital Ltd (hereinafter ‘we’) is effective from 31 October 2018. We may change it from time to time by updating this page so please revisit and reread it periodically. For further details on personal data collection please see our Privacy Policy.

This site uses cookies in order to perform certain functions. On your first visit to our home page a banner appeared to inform you that this website uses cookies and to direct you towards this Cookie Policy. In compliance with GDPR we request that you on that first visit either give your consent to our use of cookies by pressing the "Accept Recommended Settings" button or opt-out of the use of cookies by closing the panel when prompted to make a decision.

Not accepting the recommended settings  will disable analytics cookies. Please continue reading the policy for the details as to what analytics cookies we use. Your opting out of the use of the cookies will not limit your use of the website in any way. We also use necessary cookies that enable core functionality such as page navigation and access to secure areas. The necessary cookies are not used to store any personal data. The website cannot function properly without these cookies. Also the necessary cookies are essential for the website to remember your preferences as you opt out of analytics cookies. Necessary cookies will not be switched off by not accepting the recommended settings.

You can also refuse to accept cookies by activating the setting on your browser that allows you to refuse the setting of cookies. You can also delete or block cookies at any time by altering the browser settings on your machine or other device. By changing the settings on your browser to reject cookies, all of the cookies including the necessary cookies will be rejected. This will mean that your browsing experience will be affected since the website navigation requires necessary cookies.

Some of our website pages may contain electronic images known as web beacons that allow us to count users who have visited these pages. Web beacons collect only limited information which includes a cookie number, time and date of a page view, and a description of the page on which the web beacon resides.

As web beacons are the same as any other content request included in the recipe for a web page, you cannot opt out or refuse them. However, where they are used in conjunction with cookies they can be rendered ineffective by blocking cookies or by changing the cookie setting on your browser. We explain how to do this at the beginning of this Cookie Policy.

WHAT COOKIES ARE

A cookie is a small piece of data sent by our server to your computer or to another device you are using to access websites e.g. a smartphone, so that information can be recalled. A

cookie is stored by your web browser in a text file on your computer or other device. Each time your web browser requests content from a server that has previously interacted with your machine or other device, the cookie’s message is sent back to our server.

To learn more about cookies please visit http://www.allaboutcookies.org. To learn how to adjust your browser settings so that cookies are not accepted or to delete or block cookies at any time please visit http://www.allaboutcookies.org/manage-cookies/.

WHICH COOKIES WE USE

NECESSARY COOKIES: 

PASSIVE COOKIES: Cookies relating to this website are passive and are just used for collecting and transferring that anonymous information. By this we mean that no cookie set while on this site will capture any personal data about you (or be used in any malicious fashion whatsoever). Personal data is referred to in more detail in our Privacy Policy.

SESSION COOKIES, which are temporary cookies that remain in the cookie file of your browser until you leave the site, and

PERSISTENT COOKIES, which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). These are referred to in more detail in the table below.

The purpose for which we use analytical/performance cookies is as follows. We use them to

collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. Identifying how visitors arrive at our site and the path they take through it is to help us to improve our service to you. We use third party tools, Google Analytics to monitor and analyse traffic to, from and within our website. So if you opt in and give consent to the use of our cookies, then your location and the pages you visited will be tracked by Google Analytics.

WARNING: Many websites use cookies to deliver site functionality and you may find websites don’t work properly if you don’t accept cookies. While on this website your web browser may interact with content from different servers and therefore cookies from sources other than this site may be set on, or read from, your computer during a visit to this site. This means that this website may link through to third party websites which may also use cookies over which we have no control. We recommend that you check the relevant third party’s Cookie and Privacy Policy for information about any cookies that may be used.

FURTHER INFORMATION ON GOOGLE ANALYTICS

The Website uses Google Analytics, a web analytics service provided by Google, Inc.

(“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Website analyse how you and other users use the Website. The information generated by the cookie about your use of the Website (which may include your IP address, the internet browser and language you use, preferences, the date and hour of your access to the web page and the websites you access after visiting this Website) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Website.

ACCESSIBILITY

We aim to make this website accessible to everybody.

Changing the text size

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Go to View > Text size.

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Press the "Ctrl" and "+" keys at the same time to increase the font size, and the "Ctrl" and "+" keys at the same time to decrease the font size.

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1. Background

Your privacy is very important to us. This Privacy Policy sets forth our policies with respect to non-public personal information of current, prospective and former investors and clients (collectively, "Investors"). These policies apply to investors in our Funds, other managed account clients and internet users of the Sturgeon Capital Ltd website (the "Site”) and may be changed at any time. Changes will be effective immediately upon posting onto our Site for internet users or provided to you if visiting our offices.

2.Your Information

Your information is the information which we obtain about you. This information includes your name, your title, address, telephone number, email address, the company you work at, your job title, years of industry experience, country of your domicile and any other contact details. It includes information which you give to Sturgeon Capital Ltd ("Sturgeon Capital”) or which we obtain about you, through your use of this Site and/or in connection with any products Sturgeon Capital provide to you and in correspondence, including emails and conversations with Sturgeon Capital.

We also gather information about you from our Site. This will include information (such as how many people visit our Site, the pages they visit, the features they use, how long they stay and the websites they are connecting from) collected on an aggregate basis on public areas of our Site, or on an individual basis on areas of our Site that require Site visitors to logon using an access code (e.g. user ID and/or password). We may also collect information through the use of Cookies. Please see our Cookies Policy for details as to what cookies are and which cookies we use.

Prior to using cookies we will ask for your consent.

3.How We Use Your Information

We will use your information to improve the calibre of online information and services offered. Sturgeon Capital does not disclose your non-public personal information to anyone other than to our affiliates, and as permitted by law or as necessary in connection with the provision of Sturgeon Capital's services to you, such as to Sturgeon Capital's accountants, attorney's, auditors, brokers and regulators and service providers (such as and not limited to, UK Regulators, Irish Stock Exchange, CSSF, CIMA, Rees Pollock, Denton’s, Alter Domus, RBC,Circle Partners, Custom House, Module, CHW, Intertrust, PwC, Visor, Renaissance, BCS, BGS, Halyk, and only as necessary to facilitate the acceptance and management of Sturgeon Capital's relationship with you. Thus, it may be necessary under anti-money laundering regulations and similar laws, to disclose information about you. These agencies may retain a record of the search and share your information with other organisations. We will only share your information on condition that these entities keep your information strictly confidential.

We may share your information with any governmental or regulatory body, if required to do so by law. Otherwise, we will not use your information for any other purposes.

In sharing your personal information with our service providers this may involve transferring it to countries outside the European Economic Area (EEA) whose data protection laws may not be as extensive as those which apply to us. Where we do so, we will ensure that we do this in accordance with the Acts and take appropriate measures to ensure that the level of protection which applies to your personal information processed in these countries is similar to that which applies within the EEA. Such measures may include only transferring your data to jurisdictions in respect of which there is a European Commission adequacy decision or, where this is not the case, by using model clauses which have been approved by the European Commission.

Your data will not be used to make automated decisions. We will not lend or sell your information to third parties.

4. For how long is your personal information retained by us?

We are committed to only keeping your personal data for as long as we need to in order to fulfil the relevant purpose(s) it was collected for, as set out above in this notice, and for as long as we are required or permitted to keep it by law.

We retain copies of our customer contracts in order to enable us to deal with any legal issues and the information provided to us for identification verification checks, financial crime and anti-money laundering checks (as required by law) for 5 years after termination or expiry of our contract with you. We retain details of complaints for 5 years from the date of receipt.

We shall keep records of the following for 5 years:

• Call recordings, electronic communications and minutes of face-to-face meetings;
• Suitability and appropriateness assessments
• Periodic statements (e.g. valuations); and
• All orders and transactions in financial instruments on your behalf (including information about your identity).

Sturgeon Capital retains copies of all records aforementioned for a maximum of 7 years.

5.Security

We are committed to ensuring that your information is secure. We have implemented measures and procedures to prevent unauthorized access or disclosure. Likewise, we seek to keep confidential all information you send to us.

6.What are your rights?

Data protection laws may provide you with rights to object to marketing. They may also provide you with rights including rights to access data, as well as rights for data to be erased, corrected, used for only limited purposes, not used at all, or transferred to you or a third party. You can seek to exercise any of these rights by contacting us at the details set out in the “Contact Us” section below.

You may have the following rights under data protection laws:

• Right of subject access: The right to make a written request for details of information about you held by Sturgeon Capital and a copy of that information.
• Right to rectification: The right to have inaccurate information about you rectified.
• Right to erasure ('right to be forgotten'): The right to have certain information about you erased.
• Right to restriction of processing: The right to request that your information is only used for restricted purposes.
• Right to object: The right to object to the use of your information, including the right to object to marketing.
• Right to data portability: The right, in certain circumstances, to ask for information you have made available to us to be transferred to you or a third party in machine-readable formats.
• Right to withdraw consent: The right to withdraw any consent you have previously given us to handle your information. If you withdraw your consent, this will not affect the lawfulness

of Sturgeon’s use of your information prior to the withdrawal of your consent.  To withdraw your consent, please send your request notifying us of your wish to withdraw consent by writing an email to lg@sturgeoncapital.com

• Right to complain: If you wish to make complaint about how your personal data is being processed by Sturgeon Capital Ltd, or how your complaint has been handled, in the first instance please email your concerns to lg@sturgeoncapital.com. You also have the right to send a complaint directly to the national data protection authority, which is the Information Commissioner's Office (ICO) in the UK and can be contacted via the details at www.ico.org.uk.

7.Contact Us

Sturgeon Capital Ltd (company number 07421440), whose registered office is at 96 Great Titchfield Street, W1W 6SQ, London, United Kingdom, is the Data Controller and is committed to protecting the rights of persons in line with GDPR.

If you have any questions about this privacy policy, or if you wish to exercise your rights, you can write to the address stated above marking your letter “For the attention of the Compliance Department” or address your email to lg@sturgeoncapital.com with the subject matter addressed to “the Compliance Department”.

The information on this website is for informational purposes only. Use of this website is subject to the following terms. By using this website, you are deemed to have accepted these terms.

This Site is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject the firm to any registration or licensing requirement within such jurisdiction, such as the United States (but not limited to).

Neither this website, as a whole, nor any part hereof shall constitute an offer of or the solicitation of an offer to invest, or the sale of securities, nor shall there be any sale of any investments or commitments in connection with this website in any jurisdiction in which such offer, solicitation or sale would be unlawful, including the United Kingdom and the United States.

The contents of this website do not constitute investment, legal, tax or other advice and should not be taken as such. Sturgeon Capital acts as investment manager to funds on behalf of institutional and professional clients and does not offer investment advice or opportunities to retail clients as defined in the FCA handbook COBS 3.4.

The regulated services provided by Sturgeon Capital are only accessible to Eligible Counterparties or Professional clients as defined in COBS 3.5 & 3.6 or in the case of Fund investors COBS 4.12 of the Financial Conduct Authority handbook. As the firm is not permitted to deal with Retail clients this means that the same levels of protection afforded to Retail Clients would not be available to prospective clients of the firm.  Please seek independent professional financial and legal advice if you are unsure of your categorisation.

This Conditions of Use Agreement relates to the entire contents of the website under the domain name www.sturgeoncapital.com (the “Website”). This website has been prepared by Sturgeon Capital Ltd (“Sturgeon Capital”), which is authorised and regulated as an Investment Manager by the Financial Conduct Authority (“FCA”) in the United Kingdom. The information you will find on this website is of a general nature and cannot be considered as tailored to your personal needs or to particular circumstances.

You agree to the following as a pre-condition to using this website for any purpose whatsoever.

This website provides information about Sturgeon Capital. Only registered users may, by accessing the password protected area of this website, obtain information about the funds to which Sturgeon Capital currently provides investment management services.

Access to this website is subject to the following conditions outlined below:
These conditions are the terms upon which this website is made available to you. By accessing this website and giving consent to these conditions of use, you agree to be bound by these Conditions.

No offer to sell nor advice

The materials on this website including, without limitation, news articles, informational materials and all other manager-specific information, have been prepared for informational purposes only and do not constitute an offer to buy or sell securities; investment advice regarding the purchase or sale of any security; an offer or solicitation by Sturgeon Capital to buy or sell any security or any form of financial, investment, legal, tax or other advice.

Eligible users

The information on this website is directed only at persons or entities in any jurisdiction or country where such access to information contained herein and use thereof is not contrary to local law or regulation. Accordingly, all persons who access this website are required to inform themselves of and to comply with any such restrictions. The information on this website is not meant for dissemination or to be used by any person or entity in a country or jurisdiction where this dissemination or use would contravene the law or regulations, or would oblige Sturgeon Capital to comply with the regulation requirements in these countries or jurisdictions. The totality of products and services may not be registered or authorised in all countries or available to all clients.

The password protected area of this website may only be viewed by professional clients and eligible counterparties as defined by the FCA Handbook.

Change in your circumstances

You agree that where you have been provided access to the password protected area of this website and your circumstances change in a manner that you are no longer an accredited investor, eligible counterparty or professional investor, you will inform Sturgeon Capital immediately and refrain from accessing the password protected area of the website. Sturgeon Capital reserves the right to terminate, at any time, any registered user’s account and access to the password protected area of the website, without giving notice or a reason for such termination to the user.

Accuracy of Information

Sturgeon Capital does everything in its power to ensure that the information published is as complete, correct, accurate, and up-to-date as possible. 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. If the published information appears to contain errors, or information expected to be found on this website is lacking, Sturgeon Capital will try to remedy this as soon as possible after having been notified of the same.

You agree that Sturgeon Capital is not responsible for any errors or inaccuracies on this website, nor for any loss or damage may you suffer as a result of any use of, or reliance upon, this information. Sturgeon Capital reserves the right to change the information on this website at any time at its discretion and without notice.

Links to third-party websites

By following a link, a user may leave the website of Sturgeon Capital. Sturgeon Capital has not carried out any checks on third-party websites to which there are links from the Sturgeon Capital website, nor on third-party websites that contain links to the Sturgeon Capital website. Sturgeon Capital accepts no responsibility for the content, and in particular, the offers, information and opinions expressed on these sites. Sturgeon Capital takes the utmost care in compiling and updating the information that appears on the website of Sturgeon Capital. However, Sturgeon Capital assumes no liability (including liability to third parties) with respect to the accuracy, relevance and completeness of the information and opinions published on the Sturgeon Capital website. Sturgeon Capital assumes no liability (including negligence and liability to third parties) for any losses directly or indirectly resulting from financial market risks or from the information, performance data, links or other messages displayed on the website. Sturgeon Capital accepts no responsibility for the content of advertising or the conditions that apply to offers from third parties’ websites. If you wish to subscribe to such an offer enter into a contract with such a third party, or to make a complaint about such offers or advertising, you should contact the third party directly. You agree that you will not involve us in any dispute between you and the third party.

Risk disclaimer

You should also be aware that an investment in a hedge fund involves a high degree of risk. There can be no assurance that the investment objectives will be achieved. In fact, practices of short selling, leverage, limited diversification and the use of derivative instruments, executing trades on foreign exchanges, legal, political, counterparty and operational issues, particularly in emerging markets, can in some circumstances substantially increase any adverse impact on the investment portfolios, resulting in high volatility levels as well as the risk that the entire amount invested may be lost. Furthermore, past performance is not a guide or otherwise indicative of future results. Sturgeon Capital cannot be held responsible for the consequences (financial or of any kind) of using this website.

Copyright and Other Rights

You agree that copyright, trademarks, database rights and all similar rights in this website and the information contained in it are owned by Sturgeon Capital or relevant third party content providers. You may use the information on this website and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another database, document or other materials without prior written permission from Sturgeon Capital.

Privacy and Data Protection

You agree that Sturgeon Capital may collect certain personal information about you such as your name, address, telephone number, email address details and other information when it is voluntarily submitted to Sturgeon Capital on this website, including in connection with its customer registration procedures. Sturgeon Capital 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 Sturgeon Capital has the right to use and store such data on its internal systems 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.

To get more information about our Privacy Policy, please read our Privacy Policy available on our website. (ADD a link to our Privacy Policy)

As a user of this website, you agree not to:

• Use the information published on this website in an illicit or illegal manner;
• Use this website in such a way that it is damaged, altered, interrupted or rendered less effective in any way;
• Use this 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 this website in such a way that it damages the rights of individuals or organisations;
• Use this website to send or transmit promotional material or advertising.

Sturgeon Capital 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 there are reasonable grounds to believe you have breached any of the restrictions above, or any other provisions of these Conditions.

Cookie Policy

This website uses cookies. A cookie is a small piece of data sent by our server to your computer or to another device you are using to access websites, so that information can be recalled. The information collected may include what time the website was visited, how long a user stays logged in, if a user has visited the website previously and what pages were visited.

When first visiting our website you will be asked to read the Cookie Policy of Sturgeon Capital. You will then have the option of either providing consent to receiving our cookies or declining.

For more information about cookies visit www.allaboutcookies.org.

For more information about the cookies we use on our website, the purposes we use our cookies for and how you can opt out of receiving these cookies please read our Cookies Policy available on our website.

Changes to these Conditions of Use

Sturgeon Capital reserves the right to amend these Conditions of Use at any time. All such changes will take effect once they are posted on the website.

These Conditions of Use were last updated on Oct 31, 2018.