Legal notice, privacy statement

This website is designed for and aimed at professional investors only.

The provisions of this legal notice apply to the entire contents of this website under the domain name forestay.vc (the “Website”). Please read the following terms carefully before using this Website. By using this Website you acknowledge and accept these terms and conditions. If you do not accept these terms and conditions, do not use this Website.

1. Introduction

1. This Legal Notice is issued by B-FLEXION Fund Management (Jersey) Limited (“B-Flexion”). B-Flexion Capital (“B-Flexion”) is a trading name of B-FLEXION Fund Management (Jersey) Limited.
2. By accessing any part of this Website, you shall be deemed to have acknowledged and accepted this Legal Notice in full. If you do not acknowledge and accept this Legal Notice in full, you must leave this Website immediately and not use any information contained in it for any purpose.
3. B-Flexion may revise any provision or the whole of this Legal Notice at any time by updating this posting and without further notice to you. Your continued use of this Website shall signify your agreement with and understanding of any revisions. You should check this Website from time to time to review the then current Legal Notice as its provisions are binding on you. Certain provisions of this Legal Notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. License

1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by B-Flexion, its affiliates and/or its licensors. Nothing in this Website is designed to grant any license or right to use any image, trademark or logo. For the purposes of this Legal Notice, any use of extracts from this Website other than in accordance with paragraph 2.2 below for any purpose is prohibited. If you breach any of the terms in this Legal Notice, your permission to use this Website automatically terminates and you agree to immediately destroy any downloaded or printed extracts from this Website.
2. You are permitted to print and download extracts from this Website for your own personal and non-commercial use on the following basis:
   • no documents or related graphics on this Website are modified in any way;
   • no graphics on this Website are used separately from accompanying text; and
   • all copyright and trade mark notices and this permission notice appear in all copies.
3. Subject to paragraph 2.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without B-Flexion’s prior written permission.
4. You may link to the home page of this Website as long as the link does not cast B-Flexion or any of its affiliates in a false or misleading light or suggest or imply that you own or are the author of content on the Website or that you have any kind of relationship with B-Flexion or any of its affiliates.
5. Any rights not expressly granted in this Legal Notice are reserved.

3. Service access

1. Neither B-Flexion nor any of its affiliates shall be liable if for any reason all or any portion of this Website is unavailable or malfunctions at any time or for any period.
2. Access to this Website may be suspended without notice in the case of system failure, maintenance or repair or at any other time in B-Flexion or any of its affiliates’ absolute discretion.

4. Visitor material and conduct

1. You are prohibited from posting or transmitting to or from this Website any material:
   • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
   • for which you have not obtained all necessary licences and/or approvals; or
   • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
   • which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
2. You may not use the Website in any manner or for any purpose except as expressly provided herein (including, without limitation, by hacking or any conduct that would violate any applicable law, regulation or statute).
3. B-Flexion shall fully co-operate with any law enforcement authorities or court order requesting or directing B-Flexion to disclose the identity or locate anyone posting any material in breach of paragraph 4.1 or 4.2.

5. Links to other websites

1. Any links to third party websites (including, without limitation, websites of any of B-Flexion’s affiliates) on this Website are provided solely for your convenience. If you use these links, you leave this Website. B-Flexion has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. B-Flexion therefore does 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 decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

6. Submissions

1. B-Flexion and its affiliates generally do not accept unsolicited requests, proposals, business plans, applications, ideas, suggestions or other materials (collectively, the “submissions”).
2. In the event that any submissions are submitted or offered to us, using the site or otherwise, such submissions (i) will not be treated as confidential and (ii) will become and remain B-Flexion’s sole property, unless otherwise agreed in writing and duly signed by B-Flexion or any of its affiliates.
3. B-Flexion and its affiliates will have the right to freely use, disclose, modify, copy, reproduce, publish, transmit, display, sublicense, translate, create derivative works from and distribute any submissions in any medium and via any distribution, transmission or display method for any purpose whatsoever, commercial or otherwise. Neither B-Flexion nor any of its affiliates will owe you or any person compensation for any submissions. Whether B-Flexion or its affiliates will use any submissions is entirely at their sole discretion.

7. Privacy Statement

1. Introduction

   This Privacy Statement will help you understand the information we collect, how we use it, and what choices you have. This privacy statement applies to forestay.vc and www.bflexion.com (the Websites) provided by B-Flexion (“we”, “us”, “our”).

2. What personal information do we collect when you visit our website?

   When you visit the Websites, we may collect technical information such as your IP address, details of the pages you visit on the Websites, and which browser you used to view our website with.

   We may also use your name and email address to assist you in any questions you have if you complete the contact us form.

3. How is your personal data collected when you visit our website?

   Personal data may from time to time, be collected about you from direct interactions with you, including by you filling in our “contact us” forms and any email or other correspondence you send us. This includes personal information you provide when you request information to be sent to you.

4. Cookies

   Cookies are small data files stored on your computer’s hard drive by a website. Among other things, cookies make the website work, and help us improve our Website and your experience. We use cookies to see which areas and features are popular, and to count visits to the Websites. B-Flexion does not permit third party cookies.

   Please see our separate cookie policy in Section 8 for further information.

5. Sharing of personal information

   Your personal data may be processed by us or our sub-processors (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes:

   • To send you any information you have requested, which may include updates on the performance of a fund, newsletters from our Foundation, or invitations to events;
   • To comply with legal and regulatory requirements;
   • To scan emails sent to us (including attachments)

   We will take steps to ensure that the personal data is accessed only by such sub-processors that have a need to do so for the purposes described in this notice.

6. International transfers of your personal data

   Our Website servers are based at our headquarters in Geneva, Switzerland. We may from time to time disclose your IP address to our third-party website support partners, also located in Switzerland, to help with the maintenance and diagnostics of any technical issues we may experience with the Websites.

   Where we transfer your personal data to another country we will ensure it is protected by the appropriate safeguards. Please contact us at DPPC@bflexion.com for more information.

7. Storage of your personal information

   We will keep IP address information for approximately 12 months from the date on which you last use the Websites, after which this information will be permanently and securely deleted from both the Websites and any records maintained by our third party support partners.

   We will only retain any other personal data you have provided to us for as long as necessary to fulfil the purpose we collected it for, including for the purpose of satisfying any legal, accounting, or reporting requirements.

   To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purpose for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.

8. Your rights

   You have several legal rights in relation to the personal data that we hold about you. These rights include:

   • the right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you;
   • the right to withdraw your consent to our processing of your personal data at any time. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason (other than consent) for doing so;
   • in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to us;
   • the right to request that we rectify your personal data if it is inaccurate or incomplete;
   • the right to request that we erase your personal data in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal data but we are legally entitled to retain it; and
   • the right to object to, and the right to request that we restrict, our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled to continue processing your personal data and / or to refuse that request.

   You can exercise your rights by contacting DPPC@bflexion.com.

   You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact the Jersey Office of the Information Commissioner, or by searching their website at https://oicjersey.org.

9. Changes to this privacy statement

   This statement is subject to the occasional revision, and if we make any substantial changes to the way we collect information via the Websites, we will prominently post a notice of the change on the Website’s home page.

10. Questions

    If you have any questions about this privacy statement please contact us at DPPC@bflexion.com.

8. Cookie policy

1. This policy explains how our Websites uses cookies. Cookies are small data files stored on your computer’s hard drive by a website. Among other things, cookies make the Website work, and help us improve our Websites and your experience. We use cookies to see which areas and features are popular, and to count visits to the Website. Like many Websites, we may automatically collect information using “cookies”.
2. In the event that any submissions are submitted or offered to us, using the site or otherwise, such submissions (i) will not be treated as confidential and (ii) will become and remain B-Flexion’s sole property, unless otherwise agreed in writing and duly signed by B-Flexion or any of its affiliates.
3. We may use the following types of cookies:
   • “Session based” cookie. This is essential for parts of the Website to operate and has already been set. It is used to maintain the state of a user’s actions so as not to constantly request the same information from them within a “session”.
   • “Essential” cookie. This is essential for parts of the Website to operate – for example, it lets us know that you have clicked on a link to a new page and that we should now serve that new page to you.
4. We do not collect other information, such as website usage activity and preferences (also known as demographic or profile data) via the Website, and do not have Advertising cookies.
5. With most Internet browsers, you can erase or block cookies or ask to receive a warning before a cookie is stored. The “Help” function within your browser should tell you how. Alternatively, you may wish to visit www.youronlinechoices.eu which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies.
6. Restricting cookies will not have an impact on the functionality of our website, but it will not remember any preferences (such as language) that you have chosen, and you will have to change the settings each time you visit our site.

9. Disclaimer

1. The information contained in this Website is provided for the purposes of general information only and under no circumstances should any information contained in this Website be used or considered as an offer for services or as an advice, an offer, a recommendation or a solicitation to acquire or sell any type of investment products. In addition, the contents of this Website should not be construed as to provide tax, legal or investment advice. Users should seek their own tax, legal or investment advice as they deem appropriate.
2. The products and services referred to on this Website are not available to the general public in any jurisdiction and you acknowledge that you are accessing this Website on your own initiative and are responsible for compliance with all laws and regulations applicable in your own jurisdiction. Neither Forestay nor B-Flexion nor any of its affiliates accept any responsibility or liability for any loss which may result from reliance on any of the information or opinions contained in or accessed through this Website.
3. Whilst Forestay and B-Flexion uses commercially reasonable efforts to post information on this Website that is correct at the time of posting, Forestay and B-Flexion do not warrant the accuracy or completeness of the material on this Website. Forestay and B-Flexion has expressed its own views and opinions on this Website and B-Flexion may make changes to the material on this Website at any time without notice. The material on this Website may contain typographical or other errors or may be out of date. Neither Forestay nor B-Flexion makes no commitment to update such material.
4. In the event that any articles, papers or publications are posted on the Website, then such items reflect information available and the views of the authors as at the date of publication. However, errors or omissions in the information may occur because of a number of factors which are inherent in any internet access system and are not within Forestay’s reasonable control. In view of the above, you are advised to confirm the accuracy of any information obtained from this Website with Forestay before seeking to rely on such information.
5. Any company endorsements expressed on this Website have been published with each company’s permission. None of these companies have been compensated by Forestay, B-Flexion or any other party connected to Forestay or B-Flexion in connection with the endorsement.
6. USERS OF THIS WEBSITE ARE ADVISED THAT TO THE EXTENT USED ON THIS WEBSITE, PAST PERFORMANCE IS NOT A RELIABLE INDICATOR OF FUTURE PERFORMANCE.
7. THE MATERIAL ON THIS WEBSITE IS PROVIDED “AS IS”, WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, B-FLEXION PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT B-FLEXION AND ITS AFFILIATES EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT IN RELATION TO THIS WEBSITE.

10. Liability

1. B-FLEXION, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE) AND EACH OF B-FLEXION’S AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE.
2. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT ANY PERSON’S LIABILITY FOR:
   • DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM IS DEFINED BY APPLICABLE LAWS);
   • FRAUD OR FRAUDULENT STATEMENTS; OR
   • ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
3. IF YOUR USE OF MATERIAL ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS OF ANY SERVICING, REPAIR OR CORRECTION.

11. Indemnity

1. You agree to indemnify and keep indemnified and covenant to hold harmless B-Flexion and its affiliates against any cost, loss, liability, including present and future damages, claim or expense (including legal and other professional fees) incurred by B-Flexion or any of its affiliates in connection with or arising out of: (i) your use of this Website; (ii) your breach of any terms or conditions contained in this Legal Notice or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights.

12. Governing law and jurisdiction

1. This Legal Notice and your use of the Website shall be governed and construed in accordance with the laws of Jersey. Exclusive place of jurisdiction in case of disputes arising in connection with any provision of this Legal Notice or your use of the Website: Jersey.

Forestay Capital is the enterprise-software fund of B-FLEXION.