The webpage of Twelve Capital AG is aimed exclusively at institutional/professional investors agreeing to be legally bound by the terms and conditions below.
The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution, publication or use would be contrary to local law or regulation or or where Twelve Capital AG or its affiliates does not hold any necessary registration or licence. Natural and legal persons who are prohibited, whether on grounds of nationality or residence or other grounds should not access or use this Site. The services described may not available nor offered to US persons and may not (and will not) be publicly offered to persons residing in any country restricting the offer of such services.
No offer or recommendation
The information on this Site is for informational purposes only, does not constitute a prospectus, a request/offer, nor a recommendation of any kind, e.g. to buy/subscribe or sell/redeem investment instruments or to perform other transactions including the provision of any advisory or management services in any jurisdiction. In particular, the information on the website should not constitute nor be construed as an offer to sell or solicitation to invest in any shares or units of any Twelve Capital managed funds (each a “Fund” and together the “Funds”).
The investment instruments mentioned herein involve significant risks including the possible loss of the amount invested. Where the investment has exposure to overseas assets, changes in exchange rates between currencies may cause the value of the investment and the level of income to rise and fall. Investors should understand these risks before reaching any decision with respect to these instruments. Past performance is no indication or guarantee of future performance. Future returns depend upon future economic conditions.
An investor should only subscribe to a Fund by completing and submitting the relevant subscription agreement after reading the latest appropriate Fund prospectus/offering memorandum (together with relevant supplements), the latest audited annual report and if need be the subsequent unaudited semi-annual report as well as additional relevant documentation according to local laws. The subscription agreement, the Fund prospectus / offering memorandum (together with relevant supplements) and the simplified prospectus (if applicable) as well as the annual and semi-annual report can be obtained, free of charge, on demand.
Information on this site
The information contained on the Twelve Capital Site relates to the products and services offered by Twelve Capital which is provided in an objective manner and is not intended to constitute financial, legal or tax advice nor does it constitute a recommendation, guidance or proposal in respect of any product or service mentioned herein You are advised to contact a specialist for this type of information. In particular, it is recommended that you consult a tax consultant for information about applicable tax laws as tax treatments depend on the individual circumstances of each person and may be subject to change in the future.
While every effort has been made to ensure the accuracy of information contained on this website, Twelve Capital and its directors, officers and employees provide no representation or warranty, expressed or implied, regarding the accuracy, completeness or correctness of information contained herein.
Any expressions of opinion, estimates and projections on this Site are those of the authors at the time of publication and may be subject to change without warning . Twelve Capital and its affiliates may discontinue, make changes in the information or services relating thereto, at any time without prior notice. Any dated information is relevant at that date only and no obligation or responsibilities taken by Twelve Capital to amend or update such information.
No representation, warranty, undertaking, guarantee or assurance is given regarding the actuality, accuracy or completeness of information (whether received from public sources or whether prepared by itself or not) and no liability is accepted by Twelve Capital or any of its associated companies for the accuracy or completeness of such information. This is the case even though all information on Twelve Capital webpages is based on sources considered to be reliable and have selected carefully. Information on Twelve Capital webpages may be changed at any time without notification. Date-marked information is exclusively published for the corresponding date. There is no obligation on the part of Twelve Capital to update this information.
In no event will Twelve Capital, inclusive of its representatives, employees, contractors and contractual partners be liable to any person for any direct, indirect, special or consequential damages or losses which are directly or indirectly connected with information regarding the funds not being current, correct or complete or with access to Twelve Capital webpages being temporarily interrupted. Furthermore, in no event will Twelve Capital or its associated companies be liable for the following damages: loss of profit; damages as a result of business interruption; loss of programs or data on your equipment; futile expenditure of time; indirect damages and/or consequential damages; or otherwise, even in the case that the possibility of damages was pointed out or foreseeable.
You should be aware that the Internet is not a completely reliable transmission medium. Twelve Capital does not accept any liability for any data transmission errors such as data loss or damage or alteration of any kind, including, but not limited to any direct, indirect or consequential damage, arising out of the use of the products or services referred to herein. Twelve Capital does not warrant that the Site or any content therein will uninterrupted or error free or that defects will be corrected or that the servers from which it may be available will be free of viruses, Trojan horses, worms, software, bombs or similar items or processes or other harmful components.
You agree to indemnify, defend, and hold harmless Twelve Capital, its affiliates and licensors, and the officers, partners, employees, and agents of Twelve Capital and its affiliates and licensors, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to or use of this website and the Information.
The entire content of the website is protected by copyright (all rights reserved). Copyright, trademarks, database rights, patents and all similar rights in this website and the information contained in it are owned by Twelve Capital, its licensors or relevant third party providers. Source for all data and charts (if not indicated otherwise): Twelve Capital. Except as otherwise agreed in writing or to the extent necessary to use the Site in accordance with these terms and conditions, you shall not: (1) copy the Site in whole or in part; (2) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, time-share, lend or transfer or in any way exploit the Site in whole or in part; (3) embed the Site into other products; (4) use the Site in any timesharing arrangement; (5) create function calls or other embedded links from any software program to the Site; (6) remove or obscure any copyright notice of Twelve Capital or any of its suppliers; (7) use any trademarks, service marks, domain names, logos, or other identifiers of Twelve Capital or any of its third party suppliers; or (8) except to the extent permitted under by law, reverse engineer, decompile, disassemble, or access the source code of the Site.
The Information may not otherwise be reproduced, distributed, stored or transmitted without Twelve Capital’s written consent. Nothing on this site should be considered as granting any licence or right under any trademark of Twelve Capital or any third party.
This site may be linked to third party websites or contain information provided by third parties. Twelve Capital does not make any representation as to the accuracy or completeness of such websites or information, has not and will not review or update such websites or information, and cautions browsers that any use made of such websites or information is at their own risk. Twelve Capital does not accept any liability arising out of the information contained on any linked website or Information provided by a third party and the use of such sites and information is at your own risk. No warranties, either express or implied, concerning the content of such Sites are made, including relating to the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Twelve Capital warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. No guarantee as to the authenticity of documents on the Internet is given. Links to off-Site web pages do not necessarily constitute sponsorship or affiliation of, with or by Twelve and should not be construed as such. All opinions, recommendations, views, news, information and other content contained in any third person sites are solely those of the third persons, and Twelve Capital disclaims all responsibility and liability for such content.
This does not exclude or restrict any duty or liability that Twelve Capital has to its customers under the regulatory system in Switzerland.
Past performance. Past performance is no indication of future performance, and nothing on this Site should be interpreted to state or imply otherwise. The value of investments may fall as well as rise and investors may not get back the full amount invested. Changes in rates of foreign exchange may cause the value of investments to go up or down.
Modifications. Twelve Capital reserves the right to change the terms and conditions under which this Site is offered without further notice to you. Your continued use of this Site shall signify your agreement with and understanding of any additional or modified terms or conditions applicable to this Site, which additions and modifications can be made at any time, without notice.
Termination. This Site and access to it can be terminated at any time, with or without notice, and for any reason. Termination of your access to and use of the Site does not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Twelve Capital.
The Twelve Capital Group (“Twelve”, “we”, “us”, or “our”) is committed to protecting the personal data it holds. This privacy statement describes why and how we collect and use personal data and provides information about individuals’ rights in relation thereto. It applies to personal data provided to us, both by individuals themselves or by third parties. We may use personal data provided to us for any of the purposes described in this privacy statement or as otherwise stated at the point of collection.
Personal data is any information relating to an identified or identifiable living person. Twelve processes personal data for numerous purposes, and the means of collection, lawful basis of processing, use, disclosure, and retention periods for each purpose may differ.
When collecting and using personal data, our policy is to be transparent about why and how we process personal data. The type of data we collect and the purposes for which it is used may differ according to the individual concerned.
Twelve takes the security of all the data it holds very seriously and has a framework of policies, procedures and training in place covering data protection, confidentiality and security, including cyber security. Twelve regularly reviews the appropriateness of the measures it has in place to keep the data it holds secure.
When and how personal data is shared and locations of processing
Twelve will only share personal data with others when it is legally permitted to do so. When share data is shared with others, contractual arrangements and security mechanisms are implemented to protect the data and to comply with our data protection, confidentiality and security policies and procedures.
Personal data held by us may be transferred to:
- Other Twelve Capital Group companies
Personal data may be shared with other Twelve companies where necessary for administrative purposes and to provide investment management services to our clients.
- Third party organisations that provide applications/functionality, data processing or IT services to us
Twelve uses third parties to support and assist in the provision of its services and to help provide, run and manage its internal IT systems. For example, providers of information technology, cloud based software as a service providers, identity management, website hosting and management, data analysis, data back-up, security and storage services. The servers powering and facilitating that cloud infrastructure are located in secure data centres around the world, and personal data may be stored in any one of them.
- Third party service providers that assist in providing goods, services or information
Such third party providers might be located in a country, which may not have the same data protection laws as your jurisdiction.
- Auditors and other professional advisers
- Law enforcement or other government and regulatory agencies or to other third parties as required by, and in accordance with, applicable law or regulation
Occasionally, Twelve may receive requests from third parties with authority to obtain disclosure of personal data, in order to determine that it is complying with applicable law and regulation, to investigate an alleged crime, to establish, exercise or defend legal rights. Twelve will only accede to such requests for personal data where it is permitted to do so in accordance with applicable law or regulation.
The disclosure of personal information to the third parties set out above may involve the transfer of data to the USA and Switzerland, and/or other jurisdictions outside the EEA. Such countries may not have the same data protection laws as your jurisdiction. We have taken steps to ensure all personal data is provided with adequate protection and that all transfers of personal data outside the EU are done lawfully.
Where we transfer personal data outside of the EU to a country not determined by the European Commission as providing an adequate level of protection for personal data, the transfers will be under an agreement which covers the EU requirements for the transfer of personal data outside the EU, such as the European Commission approved standard contractual clauses.
Twelve Capital also has a number of staff and service providers who will have access to your personal information and which are located in other countries which have been deemed to have an adequate level of protection or with which it has signed agreements incorporating the Standard Contract Clauses.
Twelve Capital’s servers, storing and keeping Investor information secure, are located in countries which have an adequate level of protection or with which it has signed agreements incorporating the Standard Contract Clauses.
Twelve Capital maintains appropriate technical and organisational measures to ensure a level of security appropriate to potential risks, including physical, electronic and procedural safeguards that comply with the GDPR to protect customer information, including:
- the pseudonymisation and encryption of your personal information where appropriate;
- ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- ensuring Twelve Capital can restore access to personal information in a timely manner if a physical or technical incident occurs; and
- regular testing, assessment and evaluation of the effectiveness of its technical and organisational measures to ensure your personal information is secure.
Twelve Capital restricts access to the personal and account information of Investors to those employees who need to know that information in the course of their job responsibilities. Twelve Capital will destroy, erase or make unreadable data, computer files and documents containing non-public personal information prior to disposal
Data controller and contact information
The data controller is Twelve Capital AG, or such other Twelve Group Company that may be a contracting party for the purposes of providing or receiving services.
If you have any questions about this privacy statement or how and why we process personal data, please contact us at:
Phone: (CH) 00 41 445 000 120 (UK) 00 44 207 856 6760 (DE) 00 49 89 839316112
Individuals have certain rights over their personal data and data controllers are responsible for fulfilling these rights. Where Twelve decides how and why personal data is processed, it is a data controller and is subject to the rights that individuals have and how to exercise them as outlined below.
You have the right to:
2. obtain confirmation from Twelve that your personal information is being collected and used by Twelve Capital and to access the personal information held by Twelve Capital; we may charge for a request for access in accordance with applicable law. We will aim to respond to any requests for information promptly, and in any event within the legally required time limits (currently one month).
3. have your personal information corrected if it is inaccurate or incomplete at any time;
4. erasure, or the right to be forgotten, which means you can request deletion or removal of any personal information Twelve holds about you at any time, subject to Twelve Capital’s legal obligations;
5. block or suppress Twelve collecting and using your personal information, which means Twelve can continue to store such personal information but cannot further collect or use it in any way;
6. obtain and reuse any personal information Twelve holds about you for your own purposes across different services, which allows you to move, copy or transfer your personal information easily from Twelve Capital to another place notified by you to Twelve Capital in a safe and secure way without hindrance to the usability of your personal information; and
7. object to Twelve collecting or using your personal information where this is based on:
a) a legitimate interest or the performance of a task in the public interest; or
b) direct marketing.
8. to appeal to the relevant competent authority, which is
a) in Switzerland the Federal Data Protection and Information Commissioner (Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter EDÖB). Contact details: Feldeggweg 1, 3003 Bern, Switzerland; phone: +41 (0)58 462 43 95; website: http://www.edoeb.admin.ch/
b) in Germany the German Federal Commissioner (Bundesbeauftragter für den Datenschutz und die Informationsfreiheit), who also acts as German Federal Ombudsman. Contact details: Graurheindorfer Str. 153 – 53117 Bonn, Germany; phone: +49 (0)228-997799-0; e-mail: email@example.com; website: www.bfdi.bund.de
c) in the UK the Information Commissioner’s Office. Contact details: Water Lane, Wycliffe House, Cheshire SK9 5AF, Wilmslow, UK; phone: +44 303 123 1113, e-mail: firstname.lastname@example.org; website: www.ico.org.uk
Withdrawal of consent
Where we process personal data based on consent, individuals have a right to withdraw consent at any time. We do not generally process personal data based on consent (as we can usually rely on another legal basis). To withdraw consent to our processing of your personal data please email us at email@example.com to stop receiving an email from any Twelve Capital mailing list.
If you wish to exercise any of these rights, please send an email to firstname.lastname@example.org
Our processing activities may differ according to your relationship with Twelve, the main categories of personal data utilised by us are detailed below;
Investors or potential investors
Use of personal data
Where your details are provided to Twelve as a consequence of your investment in any Fund managed by Twelve (the “Fund”), then Twelve, acting as a data controller, may itself or through a third party such as the relevant Fund’s Management Company, process your personal information or, if you are an entity, that of your (i) beneficial owner(s), (ii) employees, and (iii) directors, officers, trustees, general partners, managers, or other persons serving in a similar capacity. When processing your personal information, there may also be times where the Management Company will act as a data controller.
Twelve collects personal information about Investors in the Funds, such as Investors’ names, contact details and financial information, from the following sources:
1. Subscription forms, investor questionnaires, account forms, and other information provided by the Investor in writing, in person, by telephone, electronically or by any other means. This information includes name, address, nationality, employment information, and financial and investment qualifications;
2. Transactions within the Funds, including account balances, investments, redemptions and fees;
3. Other interactions with Twelve (for example, discussions with our staff); and
4. Verification services and consumer reporting agencies, including an Investor’s creditworthiness or credit history (Twelve generally does not use these services.)
Your personal data may be processed by Twelve or the Management Company (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes:
1. to facilitate the opening of your account with the Fund and the management and administration of your holdings in the Fund on an on-going basis (the “Services”) which are necessary for the performance of the Fund’s obligations to you, including without limitation the processing of redemptions, transfers and additional subscription requests and the payment of distributions, if any;
2. in order to carry out anti-money laundering checks and related actions which Twelve or the Management Company considers appropriate to meet any legal obligations imposed on Twelve or the Management Company relating to, or the processing in the public interest or to pursue Twelve’s or the Management Company’s legitimate interests in relation to, the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, on an on-going basis, in accordance with Twelve’s and the Management Company’s anti-money laundering procedures;
3. to comply with its legal obligations and, in particular, to report tax-related information to tax authorities;
4. where relevant, to monitor and record calls and electronic communications for (i) processing and verification of instructions, (ii) investigation and fraud prevention purposes, (iii) for crime detection, prevention, investigation and prosecution, (iv) to enforce or defend Twelve, the Management Company or their affiliates‘, themselves or through third parties to whom it delegates such responsibilities or rights in order to comply with any legal obligation imposed on such parties, or (v) where the processing is in the public interest;
5. to disclose information to other third parties such as service providers of Twelve or the Management Company, auditors, regulatory authorities and technology providers in order to comply with any legal obligation imposed on Twelve or the Management Company or in order to pursue the legitimate interests of Twelve;
6. to monitor and record calls for regulatory purposes;
7. to update and maintain records and fee calculations;
8. to retain AML and other records of individuals to assist with the subsequent screening of them by Twelve and/or the Management Company including in relation to other funds or clients of the Management Company in pursuance of the Management Company’s and its clients‘ legitimate interests;
9. to otherwise pursue the legitimate interests of the Twelve and/or the Management Company relating to your investment or your potential investment in the Fund, and/or where the processing of your personal information would be in the public interest.
and which are necessary to comply with Twelve’s or the Management Company’s legal obligations and/or which are necessary for Twelve’s or the Management Company’s legitimate interests indicated above and/or the processing is in the public interest.
Collecting investor information legally
Twelve Capital is able to legally collect and use your personal information either because:
- collecting and using your personal information is necessary for Twelve Capital to:
- enable the Funds to function; or
- carry out its legitimate business interests in carrying out any requests or orders made by an Investor and complying with applicable law.
Disclosure of non-public personal information
Twelve may share non-public personal information about the Fund’s investors or potential investors with affiliates, as permitted by law. Twelve Capital does not disclose non-public personal information about such investors or potential investors to non-affiliated third parties, except as permitted by law (for example, Twelve may share personal information with service providers, the Management Company and their affiliates, and other third party service providers engaged by Twelve in order to process the data for the above mentioned purposes). Such service providers are contractually restricted from using investor information in any manner other than as mentioned above.
Twelve may share non-public personal information, without an Investor’s consent, with affiliated and non-affiliated parties in the following situations, among others:
- To respond to a court order, judicial process or regulatory inquiry;
- In connection with a proposed or actual sale, merger, or transfer of all or a portion of its business;
- To protect or defend against fraud, unauthorised transactions (such as money laundering), law suits, claims or other liabilities;
- To service providers of the Fund in connection with the administration and operations of the Fund, which may include brokers, legal advisors, accountants, auditors, the Management Company or other professionals;
- To assist Twelve Capital in offering Twelve Capital’s affiliated products and services to its Investors; and
- To process or complete transactions requested by an Investor.
Collection of personal data
Twelve processes personal data about contacts (existing and potential Twelve clients and/or individuals associated with them) using a customer relationship management system (the “CRM”).
The collection of personal data about contacts and the addition of that personal data to the CRM is undertaken by a Twelve user and will include name, employer name, contact title, phone, email and other business contact details. In addition, the CRM may collect data from email (sender name, recipient name, date and time) and calendar (organiser name, participant name, date and time of event) systems concerning interactions between Twelve users and contacts or third parties.
Use of personal data
Personal data relating to business contacts may be visible to and used by Twelve users to learn more about an account, client or opportunity they have an interest in, and may be used for the following purposes:
- Administering, managing and developing our businesses and services
- Providing information about us and our range of services
- Making contact information available to Twelve users
- Identifying clients/contacts with similar needs
- Describing the nature of a contact’s relationship with Twelve
Twelve Group companies do not sell or otherwise release personal data contained in the CRM to third parties for the purpose of allowing them to market their products and services.
Visitors to the website
Collection of personal data
Visitors are also able to send an email to us through the website. Their messages will contain the user’s screen name and email address, as well as any additional information the user may wish to include in the message.
Please do not provide sensitive information (such as race or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; physical or mental health; genetic data; biometric data; sexual life or sexual orientation; and, criminal records) to us when using our website; if you choose to provide sensitive information to us for any reason, the act of doing so constitutes your explicit consent for us to collect and use that information in the ways described in this privacy statement or as described at the point where you choose to disclose this information.
Use of personal data
When a website visitor provides personal data to us, we will use it for the purposes for which it was provided to us as stated at the point of collection (or as obvious from the context of the collection). Typically, personal data is collected to:
- enquire for further information;
- submit a curriculum vitae or apply for a position within the Group;
- monitor and enforce compliance with our terms and conditions for use of our website;
- administer and manage the website, including confirming and authenticating identity and preventing unauthorised access to restricted areas,; and
- aggregation of data for analytics and improvements to the site.
Unless requested not to, we may also use your data to contact you with information about Twelve’s business, services and events, and other information which may be of interest to you. Should visitors subsequently choose to unsubscribe from mailing lists you may contact us by email to email@example.com
Our websites do not collect or compile personal data for the dissemination or sale to outside parties for marketing purposes or host mailings on behalf of third parties. If there is an instance where such information may be shared with a party that is not a Twelve Group Company you will be asked for their consent beforehand.
Twelve collects and processes personal data about its service providers (including suppliers and individuals associated with service providers and suppliers) in order to manage the relationship, contract, to receive services from our suppliers and, where relevant, to provide professional services to our clients.
Use of personal data
Twelve generally uses personal data for the following purposes:
Twelve processes personal data in relation to our suppliers and their staff as necessary to receive the services. For example, where a service provider performs outsourced services, we will process personal data about those individuals that are providing services to us.
Providing professional services to clients
Where a service provider assists in delivering professional services to our clients, Twelve processes personal data about the individuals involved in providing the services in order to administer and manage our relationship with the service provider and the relevant individuals and to provide such services to our clients.
Administering, managing and developing our businesses and services
We process personal data in order to run our business, including:
- managing our relationship with service providers;
- developing our businesses and services (such as identifying client needs and improvements in service delivery);
- maintaining and using IT systems;
- hosting or facilitating the hosting of events; and
- administering and managing our website and systems and applications.
Security, quality and risk management activities
Twelve has security measures in place to protect our and our clients’ information (including personal data), which involve detecting, investigating and resolving security threats. Personal data may be processed as part of the security monitoring undertaken e.g. automated scans to identify harmful emails. Twelve has policies and procedures in place to identify and manage risks in relation to its service providers. We collect and hold personal data as part of our service provider contracting procedures.
Providing information about Twelve and its services
Unless we are asked not to, we use business contact details to provide information that we think will be of interest about us and investment management services and products, including industry updates and insights, product launches and other services or products that may be relevant and invites to events.
Complying with any requirement of law, regulation or applicable regulatory body
As with any provider of investment management services, entities within the Twelve Capital Group are subject to legal and regulatory obligations in various jurisdictions. Those entities must retain certain records to demonstrate that such services are provided in compliance with those obligations and those records may contain personal data.
Twelve retains the personal data it processes for as long as is considered necessary for the purpose for which it was collected (including as required by applicable law or regulation).
Personal data may be held for longer periods where extended retention periods are required by law or regulation and in order to establish, exercise or defend our legal rights.
If you wish to complain about our use of personal data, please send an email with the details of your complaint to firstname.lastname@example.org. We will look into and respond to any complaints we receive.
You have the right to lodge a complaint with a supervisory authority in the EU Member State of your habitual residence or place of work or in the place of the alleged infringement if you consider that the processing of personal data relating to you carried out by Twelve Capital or its service providers infringes the GDPR.
Changes to this privacy statement
We recognise that transparency is an ongoing responsibility so we will keep this privacy statement under regular review.
This privacy statement was last updated on 18 May 2018.
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