Home >> Legal notice

Legal notice

Disclaimer


Company Name


This website was created and is managed and updated by H2O Asset Management L.L.P.

H2O Asset Management L.L.P. is registered in England and Wales with registered name H2O AM LLP and registration number OC 356207. Its registered address is at 10 Old Burlington Street, London W1S 3AG. H2O Asset Management L.L.P.'s registered VAT Number is 103684235

If you have any questions, complaints or comments on this website then you may contact us on: complaints@h2o-am.com.

H2O Asset Management L.L.P. is part of a worldwide group of businesses known as Natixis Global Asset Management which is ultimately owned by NATIXIS SA (France)
Legal representative: Mr Bruno Crastes
Headquarters: 10 Old Burlington Street, London W1S 3AG, United Kingdom
Tel: +44 (0) 207 292 1600

H2O Asset Management L.L.P. is authorised and regulated by the Financial Conduct Authority ("FCA"), and is entered on the FCA Register with the Registration Number 529105 and company number OC356207. The FCA Register can be accessed at http://www.fca.org.uk/.

Publications director: Bruno Crastes, CEO of H2O Asset Management L.L.P.
Editor-in-chief: Marc Maudhuit, Partner, Global Head of Client Portfolio Management of H2O Asset Management L.L.P.
Host: INTEGRA, 25 boulevard des Bouvets, 92741 Nanterre Cedex, France
Telephone: +33 (0)1.55.17.36.50 – Fax: +33 (0)1.55.17.36.51

General conditions of use


These terms and conditions ("Terms") are the terms upon which this website is made available to you. By accessing this website you agree to be bound by these Terms.
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.
H2O Asset Management L.L.P. reserves the right to change the information on this website at any time at its discretion and without notice.
H2O Asset Management L.L.P. does everything in its power to ensure that the information published is as complete, correct, accurate, and up-to-date as possible.

This website is intended for those who access it from within the United Kingdom. Because of this we cannot guarantee that the website, or the information contained in it, complies with the local laws or regulations of, or is appropriate for use in, any other jurisdiction. If you choose to access this website from a jurisdiction other than the United Kingdom you do so at your own risk and H2O Asset Management L.L.P. will not be liable for any breach of local law or regulation that you commit as a result of doing so. This disclaimer is however not applicable to the funds’ prospectuses for which H2O AM LLP takes full responsibility of the information accuracy.

Notice regarding the information presented on the site


The content of this website (including without limitation data, graphs, documents and other information), though provided by reliable sources, does not constitute any form of investment advice, and is provided purely for informational purposes.
If you want to make an investment, you should contact your financial adviser, who will help you assess which products are suited to your needs, and will also advise you of the potential risks.
By accessing this website you agree that H2O Asset Management L.L.P. shall have no liability whatsoever, now or in the future, for any use you may make of this information unless such liability arises as a matter of law or regulation. The information on this site 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 H2O Asset Management L.L.P. 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.
Unless expressly stated, no information on this site constitutes: an offer to buy or sell securities; investment advice regarding the purchase or sale of any security; an offer or solicitation by H2O Asset Management L.L.P. to supply investment advice or financial, legal, fiscal, or investment services.
H2O Asset Management L.L.P. does not give any guarantee, or make any declaration, expressly or implicitly, that the information given on this website is accurate, complete, or up to date.
Any investment in UCITS will be governed by and are to be interpreted in accordance with the laws and regulations of England and Wales and must be made only after having consulted the simplified fund prospectus and the annual and six-monthly reports, if available. These documents may be obtained either from this website or directly from th company that manages the UCITS in question.

Offers and advertising by third parties


Third party offers of products and services and advertising may be published on this website in the form of banners.

Availability and compatibility


H2O Asset Management L.L.P. does all it can to ensure that there is no interruption to the availability of this website.
H2O Asset Management L.L.P. does not offer any guarantee regarding the compatibility of this website with any of your equipment. As a visitor to the website, you must ensure that you have the appropriate computer equipment as well as the necessary software, including security software (firewall and anti-virus). We do not accept any liability for damage to your computer system or loss of data that results from your use of the website and we cannot guarantee that any files that are downloaded are free from viruses, contamination or destructive features.

Intellectual property rights


You agree that the information and data made available to you on this website is the property of H2O Asset Management L.L.P. or its partners. The website and its contents (including without limitation text, designs, photographs, images, data, company and domain names, brands, logos, and other elements) are protected by intellectual property rights.
Your use of the website and its contents grants no rights to you in relation to these intellectual property rights. You may not copy, reproduce, republish post or exploit or disseminate in any other way the materials on the website without prior authorization in writing from H2O Asset Management, other than to download information from this website and reproduce it for private use, and disseminate it among family members.
If H2O Asset Management L.L.P. allows you to submit any of your content to the website, you may not submit such material unless you yourself hold the rights to do so or have been given the necessary authorization by the relevant rights holders. By submitting content to the website, you grant us a right to use such material at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such material from the website. You agree to compensate us from any claims or damages (including any legal fees in relation to such claims or damages) made by a third party in respect of any matter in relation to such content.

Links to third-party websites


This website may contain links to the websites of third parties. These links are placed on this website only for information only. The presence of a link to a third-party website does not mean that H2O Asset Management L.L.P. has made any agreement to collaborate with the third party, or that H2O Asset Management L.L.P. approves of the information published on such a website.


Unauthorised use of the website


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 - especially, but not exclusively, the rights to privacy and intellectual property;
- use this website to send or transmit promotional material or advertising.
H2O Asset Management L.L.P. 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 we have reasonable grounds to believe you have breached any of the restrictions above, or any other provisions of these Terms.

Cookies


By browsing the http://www.h2o-am.com website, one or more cookies may be stored on your computer, mobile phone or tablet. This section helps you better understand how cookies work and how to set your internet browsers to manage them well.

1 - Definitions
What is a cookie? A cookie is a small text file that is stored on the hard drive of your computer when you visit a website or view an ad. Cookies are managed by your web browser. They are designed to collect information about your visits to websites and to offer you personalised services, but they cannot be used to recover data from your hard drive, install viruses or access your personal information.

Different potential issuers
Cookies from http://www.h2o-am.com (first-party cookies): Our website stores these cookies on your device in order to meet browsing and optimisation needs for our website.

Third-party cookies: These cookies are set by third-party companies, such as service providers or partners. For example:
• Web pages can contain components stored on other domain servers (images or other embedded content: YouTube videos, Flickr slideshows, etc.). These websites can set their own cookies when users access these external components during web browsing.
• Websites can use the services of a third party company to analyse their audience. The company defines its own cookie to carry out this service.
• Websites can also use a third party advertising network to broadcast ads. This website does not use any advertising service.
• Social networking sites can set cookies for content sharing or to generate access statistics when you click on “sharing buttons”.

2 - Different types of cookies used on http://www.h2o-am.com
Various types of cookies are used on this website, each with different purposes.

Required cookies and cookies that improve your browsing experience: These cookies are required for the functioning of the website and are set by http://www.h2o-am.com. They enable you to use the main features of the site (e.g. session cookies, language preference cookies). They record information about your browsing on the website using the computer on which the cookies are stored and are not kept for more than one month.

Cookies that are essential for the use of the http://www.h2o-am.com website have the following functions:
• Session ID
• Cookie management
• Language/country preferences
• Profile settings
COOKIE NAME FUNCTION
ASP.NET_SessionId SessionId Verifies the session status. Controlled by ASP.NET (.net framework).
ASPXAUTH Verifies that the user is authenticated.
disclaimer_user_type For all disclaimers. Allows the disclaimer to be displayed or hidden.

Cookies related to external components: External components are likely to set cookies, for example YouTube. Please view the cookies policy of the relevant websites.

Audience analysis cookies: These cookies are stored for statistical purposes. In particular, we record the number of page views, the number of visits, as well as visitor activity on the website and the number of times people return, using AT Internet® solutions. These cookies are not stored for more than 13 months.

“Audience analysis cookies” used by the http://www.h2o-am.com website (set by xiti.com):
COOKIE NAME FUNCTION
idrxvr Audience analysis
tmst Audience analysis
Social network cookies : Social networks such as LinkedIn, Twitter, Google+ and Facebook are likely to set cookies. The presence, number and status of these cookies depends on your use of these platforms before and during your visit to the website. Please view the cookies policy of the relevant social networking sites.

3 - Managing cookies
Monitoring and deleting : If you would like to change the way your browser uses cookies, or to disable cookies, you can do so in your browser settings.
Most browsers allow you to accept or reject all cookies, to accept only certain types of cookies, or ask you each time a website wants to store a cookie. They also allow you to delete cookies stored on your computer.
In order to manage cookies in the way that best meets your needs, you can change your browser settings based on its configuration to control or prevent cookies from being stored:
• Internet Explorer™: Tools Menu > Internet Options > Privacy
(See http://windows.microsoft.com/en-us/windows-vista/Block-or-allow-cookies)
• Safari™: Safari Menu > Preferences > Privacy
(See http://support.apple.com/kb/PH17191?viewlocale=en_US)
• Chrome™: Chrome Menu (tools) > Settings > Show advanced settings > Privacy > Content settings > Cookies
(See https://support.google.com/chrome/answer/114662)
• Firefox™: Tools menu > Options > Privacy > History > Cookies
(See https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences)
• Opera™: Preferences > Advanced > Cookies
(See http://help.opera.com/Windows/10.20/en/cookies.html)

Personal data

You may freely visit this website and access the information on the organization and services of H2O Asset Management L.L.P. without having to provide any personal data in order to do so. Only the subscription service offered by this website requires personal data to be entered. Unless otherwise indicated, your replies and any information that you are requested to provide on this website's data collection forms are optional. The data collection forms clearly indicate whether the information requested is optional or mandatory. In the event of failure to provide mandatory replies or information, H2O Asset Management L.L.P. will be unable to deal with your requests in the proper way. Each time you send us personal data, H2O Asset Management L.L.P. will process this in accordance with the provisions below, and with its legal obligations on handling personal data.
Personal data is stored in a secure environment which is not accessible by the public. It is processed only for internal purposes (client management, etc.). H2O Asset Management L.L.P. uses the personal data it collects to make contact with you and to offer you the best possible service. Personal data is not retained for longer than is necessary to provide the services or for the particular purpose in question. H2O Asset Management L.L.P. does not pass personal data to third parties, except to fulfil legal obligations and in the event of a request from the courts or the police. If, exceptionally, H2O Asset Management L.L.P. wishes to pass personal data to organizations or companies with which it works, you will be asked to give your express consent to this.
We may transfer personal data that we collect from you to third party data processors located in countries which are outside of the European Economic Area in connection with the above purposes. Please be aware that countries which are outside of the European Economic Area may not offer the same level of data protection as the United Kingdom, although our collection, storage and use of your personal data will continue to be governed by these Terms. By submitting your personal data, you agree to this transfer, storing or processing.
By providing your personal data in using the website you expressly authorise H2O Asset Management L.L.P. to process it in accordance with the above.
In accordance with the Data Protection Act 1988 you may request copies of your personal information that we hold, and, if applicable, to correct or delete it (subject to a fee specified by law, currently £10) by emailing: clientservices@h2o-am.com.

Complaints

1. General management of Complaints at H2O

In adherence with FCA requirements, H2O AM LLP has a written record of its Complaints Procedure related to the funds for which H2O acts as Management Company. It covers the quality of services provided by H2O to direct clients, the conduct of staff towards any direct clients, or actions by H2O affecting directly clients.

H2O’s objective is to resolve any complaints as quickly as possible and provide a fair complaints procedure which is clear and easy to use for anyone wishing to make a complaint. The procedure is in compliance with the requirements of the FCA handbook. It also seeks to enable the identification and mitigation of any possible conflicts of interest arising from the complaint. Such conflicts should be managed in conjunction with the Firm’s Conflicts of Interest. As H2O has mainly direct Institutional client and no direct retail clients, the Complaints Procedure and regime have been specifically designed for them, as described below.

2. Complaints procedures at H2O AM

Each Investment Management Agreement (IMA) with each Institutional client, includes a clause explaining to the client how complaints (if any) regarding any aspect of the relationship with H2O, may be made.
Professional Clients are generally unable to take a complaint regarding H2O to the Financial Ombudsman Service and this loss of protection is communicated to clients through a clause in the ‘Professional Client Notice’.
The situation where clients may issue complaints may be as follows:
- If a client complains over the telephone, in a face to face meeting, or through the available website dedicated address, it is requested that the client submits the complaint in writing to management and to the Compliance Officer, Jean-noel Alba, who is the person in charge of complaints.

- If the client is not prepared to do this, it is requested from the person with a connection to the client to take full notes of the conversation to ensure that the precise nature of the complaint is understood. These notes together with a full explanation of the background to the complaint should be given immediately to the Compliance Officer. All phones allocated to staff dealing with clients are recorded.

- If a client issues a complaint in written form, including e-mail, this should be passed immediately by the recipient to the Compliance Officer.
All complaints should be treated as a matter of urgency and should be dealt with promptly. Do not admit liability on behalf of yourself or the firm in respect of any complaint. No person may respond (whether orally or in writing) to any form of complaint unless such person is authorised to do so by the Compliance Officer.

3. Response procedures

The Compliance Officer at H2O will deal with all complaints. It is the responsibility of the Compliance Officer to conduct such further inquiries and respond in a manner he or she deems necessary.

- In the first instance a response will be made to the client as soon as possible in order to acknowledge receipt of the complaint and informing the client that it is being investigated.

- The Compliance Officer will explore with any appropriate members of staff at the validity of and the reasons for the complaint, and promptly respond to the client. The answer should provide a clear explanation and, if appropriate, an apology and an assurance that steps have been taken to avoid a recurrence.

- He will also explore whether or not the client is claiming any pecuniary loss and, if so, whether this is the responsibility of the Firm or an outside agent and, if the latter, whether he was appointed by H2O or the client.

- In the light of the above, the Compliance Officer will consider whether or not compensation should be offered to the Client and, if so, at what level.

- The Compliance Officer will be responsible for completing the Complaints Register and, in the case of a valid complaint, for seeing that measures are put in place to avoid a recurrence of a complaint of a similar nature.

Written complaints should be issued to:
Compliance Team,
H2O AM LLP,
2nd Floor, 1o Old Burlington Street,
W1S 3AG,
London, UK

Emails can be sent to: complaints@h2o-am.com 


Passwords

You may need to use a password to access certain parts of the website. In that event, access to those parts without using a password is strictly prohibited. If you have received such a password, this must remain confidential and secret. Any use of our services after valid identification using your password will be taken to be used by you. H2O Asset Management L.L.P. has the right to cancel your password if the website's security is threatened.
Liability
We accept liability for death or personal injury caused by our negligence or that of our employees or agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

Changes to these terms

We reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on the website and you will be deemed to have accepted any such changes by your use of the website from time to time.

Severance

If any provision of these Terms is found by a court or regulator to be invalid of unenforceable the other provisions shall continue to apply.
Governing law and jurisdiction
This website is governed by and is to be interpreted in accordance with the laws of England and Wales.
The courts of England and Wales will have exclusive jurisdiction in respect of any dispute which may arise in connection with the Terms or your se of this website.


These Terms were last updated on March 2018