It is very important that you read this warning and disclaimer before proceeding, as it explains certain legal and regulatory restrictions applicable to any investment services we provide.
The contents of this website are communicated by, and the property of, Esther Capital SP (“Esther Capital”) which is managed by Falcon Investment Management Limited a firm authorised and regulated in the UK by the Financial Conduct Authority (“FCA”) under reference 673552.
Products and Services
The information contained herein is current at the date of publication, but is subject to change without notice. Esther Capital has expressed its own views and opinions on this website, and these may change without notice. This website is not directed at you if Esther Capital is prohibited by any law of any jurisdiction from making the information on this site available to you and is not intended for any use that would be contrary to local law or regulation. None of the information contained on this website is intended to constitute any offer to sell or an invitation or solicitation of an offer to buy any product or service by Esther Capital and must not be relied upon in connection with any investment decision. Products or services mentioned on this site are subject to legal and regulatory requirements in applicable jurisdictions and may not be available in all jurisdictions. Accordingly persons are required to inform themselves of and observe any such restrictions. Nothing in this website should be construed as investment, tax, legal or other advice.
Past performance is not necessarily a guide to future performance. The value of investments and the income of any financial instruments mentioned in the website may fall as well as rise, and investors may get back less than the amount originally invested. Fluctuations in exchange rates may have a positive or an adverse effect on the value of foreign-currency denominated securities and financial instruments. Certain investments involve an above-average degree of risk and should be seen as long-term in nature. The investment products and services described in the website may have tax consequences. Any tax reliefs referred to are those currently available and their value depends on the circumstances of the individual investor. You acknowledge that levels and bases of taxation may change, and that Esther Capital does not provides tax advice. You should consult your own tax advisor in order to understand the tax consequences of the products and services described in the website.
The copyright and all other rights in all of the material on this website are owned by Esther Capital or the material is included with the permission of the rights owner. The information contained in this website is intended solely for the use of the person who has accessed this information and may not be reproduced, distributed or published to any other person. You may copy material on this website for your own private or domestic use only. All other copying is prohibited.
Links to other websites
On this website you may be offered automatic links to other non-Esther Capital websites. These links are provided only as convenience. Esther Capital does not accept any responsibility for the content of those websites or your use or inability to use such websites, the owners of which do not necessarily have any link, commercial or otherwise, with Esther Capital. The inclusion of any link does not imply affiliation, sponsorship, endorsement, verification or monitoring or approval by Esther Capital of any information contained in any non-Esther Capital website. You should also be aware that the terms and conditions of such website and the website’s statement relating to the collection and use of your personal information may be different from those applicable to your use of this website.
It is the responsibility of the individual user to consider his or her legal and regulatory position in the relevant jurisdiction, the risks associated with trading such products and to ensure that the use of the content and the subsequent making of any investment does not contravene any such restrictions or applicable laws and regulations of any jurisdiction. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific security, index, report, opinion, advice or other content. This does not exclude or restrict any duty or liability that Esther Capital has to its clients under the Financial Services and Markets Act 2000 (as amended from time to time) or any other regulatory system under the laws of applicable jurisdictions.
Esther Capital, its subsidiaries, associated entities, partners, employees, representatives or suppliers will not be liable, on any grounds whatsoever, contractually or not, for any direct or indirect damage that may arise as the result of it being possible or impossible to gain access to this site, the accessing, visiting or use of this site and/or the information provided, the sending, or receiving of information via this site and/or the operation or non-operation of this site, except in the event of intentional or serious blame on its part. The information contained on this site, including any third party data is published in good faith and Esther Capital believes that the information is accurate at the time of publication but no representation or warranty, express or implied, is made by Esther Capital as to its accuracy or completeness and it should not be relied on as such.
Esther Capital shall therefore have no liability, save for any liability that Esther Capital may have under the UK Financial Services and Markets Act 2000, for any loss or damage arising out of the use or reliance on the information provided including without limitation, any loss of profit or any other damage, direct or consequential. Nor will Esther Capital, its subsidiaries, associated entities, partners, employees, representatives or suppliers be, under any circumstances, liable for any corruption of data that may occur as the result of technical problems (e.g. transmission errors, technical failures, breakdowns, intervention of third parties, etc.) and/or for any damage or loss relating to software or hardware that is the result of any virus, defect or malfunction in relation to access or use of the site.
This notice describes how Esther Capital uses personal data. It outlines Esther Capital’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.
Esther Capital 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 Esther Capital’s obligations.
Who we are
Esther Capital SP is a segregated portfolio/Fund of Falcon Capital Management SPC which is managed by Falcon Investment Management Limited. Our website address is: www.esthercapital.com.
Why Esther Capital 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 will use the Data for several different purposes, including;
- to provide regulatory umbrella and investment services and to carry out obligations arising from any agreements entered into between you and Esther Capital;
- 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;
- to make our procedures more efficient, to implement security measures and to combat fraud and other crimes;
- to competent authorities (including tax authorities), courts and bodies as required by law or requested or to affiliates for internal investigations and reporting and
- 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 Esther Capital relationship manager, data protection officer or any of the Esther Capital management. Contact details are available at the bottom of this notice or at: www.esthercapital.com
Esther Capital may collect data:
- when you or an agent of yours contacts Esther Capital in relation to business and services offered;
- when you complete documents or forms during the course of business with Esther Capital;
- from Service Providers and other third parties that assist us in conducting business;
- when you telephone Esther Capital; and
- when you use the Esther Capital website or online services.
Esther Capital stores your data on physical and electronic media. Data is safeguarded by Esther Capital 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 works 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 Esther Capital 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 Esther Capital 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 Esther Capital’s relationship with you Esther Capital will collect and process Data about you, including:
- 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);
- corporate information;
- details of services provided to you;
- details of purchases and redemptions of financial instruments;
- 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;
- detailed financial information, including investment portfolio details, income levels, taxation details, domicile and sources of income; and
- information regarding relationships you have with banks and/or other financial institutions (including bank details).
Esther Capital 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.
Esther Capital 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 Esther Capital and its Service Providers, including your Data. Esther Capital and its Service Providers will comply with these laws to the extent required.
Esther Capital 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.
Esther Capital 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, Esther Capital 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.
Your personal data is not currently collected by Esther Capital using cookies. Further details are available in our cookies policy below.
Lawful basis for processing
Esther Capital 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 Esther Capital is managed by Falcon Capital Investment, an FCA regulated firm, the majority of lawful basis for Esther Capital’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 Esther Capital 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 Esther Capital, given the specific nature of the purposes for which Esther Capital 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 Esther Capital or its Service Provider(s) requires your personal information to comply with AML or other legal requirements, failure to provide this information means Esther Capital will not be able to accept you as a client or investor.
Esther Capital 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
Esther Capital will need to update its privacy notice in response to regulatory requirements or changes to its business. The latest notice will always be available on the Esther Capital website (www.esthercapital.com)
How to contact Esther Capital
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.
Compliance Officer Esther Capital, c/o Falcon Investment Limited, 10 Brick Street London W1J 7HQ, United Kingdom
Cookies consist of small files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server.
Cookies can be used by web servers to identity and track users as they navigate different pages on a website and to identify users returning to a website.
Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies on this website
We use both session cookies and persistent cookies on this website.
Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies.
We may use the information we obtain from your use of our cookies for the following purposes:
- to recognise your computer when you visit our website;
- to track you as you navigate our website, and to enable the use of the some of the features on our website;
- to improve the website’s usability;
- to analyse the use of our website;
- in the administration of this website;
- to personalise content on our website for you.
Third party cookies
Most browsers allow you to refuse to accept cookies. For example:
- in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector;
- in Firefox you can block all cookies by clicking “Tools”, “Options”, and un-checking “Accept cookies from sites” in the “Privacy” box.
Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use many of the features of this website.
You can also delete cookies already stored on your computer. The method of doing so will depend upon your web browser. Instructions are available at the following URLs.
Internet Explorer: http://support.microsoft.com/kb/278835