Legal notice & MSS

Legal and Regulatory Information

LEGAL AND REGULATORY INFORMATION

DISCLAIMER AND TERMS OF REFERENCE

  • Group H2O AM (“H2O AM”), is the name adopted to collectively identify H2O Asset Management L.L.P. and its affiliates.
  • H2O AM is sometimes referred as “we”, “us”, “its “or “our”.
  • The H2O AM’s Partnership and the titles “Partner” and “Partner Practice” are the terms used to describe H2O AM’s representatives.
  • The “Materials” is the term used to encompass all information available on or through the website, which includes without limitation: images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems, methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, Products, written materials, Services and other content, including but not limited to the design, structure, selection, coordination, expression and arrangement of the content available on or through the website or any form of publication.
  • The “Products” is the term used to encompass all funds for which the Materials is made available on or through this website.
  • The “Services” is the term used to encompass all mandatory services that should be fulfilled according to H2O AM agreements and licenses in each jurisdiction where H2O AM intervenes.
  • The “Investment advice” is defined as any recommendation or guidance that attempts to educate, inform, or guide a client, regarding, without limitation, a particular investment product or series of products, Services, securities, financial instruments or any other linked services like tax, legal compliance or accounting advice.
  • “Publication” is the act by which the Materials or reproduced Materials related to H2O AM brand name is made public.
  • The “General Conditions of Use” (“Terms”) is the terms upon which this website is made available to a website’s users. These Terms are legally binding on all users. By accessing this website you agree to be bound by these Terms.
  • The “Website’s users” or “Users” is the term used to define all visitors and/or users of the website’s Materials. This term encompasses, including without limitation, clients, advisors, distributors and media.
  • The “Website’s users” 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 AM, other than to download information from this website and reproduce it for private use, and disseminate it among family members.
  • This website was created, is managed and updated by H2O AM.

 

COMPANY NAME

H2O Asset Management L.L.P.

H2O Asset Management L.L.P. is the Parent Company of the Group H2O.

H2O Asset Management L.L.P. is registered in England and Wales with registered name H2O AM LLP, registration number OC 356207 and Legal Entity Identifier(LEI) 549300V7YSH2IZ841X25 . Its registered address is at 33 Cavendish Square, London W1G 0PW. H2O Asset Management L.L.P.’s registered VAT Number is 103684235

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/.

H2O Asset Management L.L.P. is part of Natixis Investment Managers, a worldwide group and ultimately owned by BPCE.

 

H2O AM Europe SAS

H2O AM Europe SAS is registered in France with a share capital of 5,000,000 euros, SIREN n°843082538 Paris and legal entity identifier(LEI) N° 9695000GQ2JLFQA4JX30. Its registered office address is at 39, avenue Pierre 1er de Serbie 75008 Paris, France. H2O AM Europe SAS’s registered VAT Number is FR77843082538.

H2O AM Europe SAS is an asset management company, authorised and regulated by the Autorité des marchés financiers (“AMF”). The AMF agreement number is GP-19000011. The AMF Register can be accessed at https://www.amf-france.org.

H20 Monaco

H2O Monaco is registered in Monaco with a share capital of 450,000 euros, Registration number 17S07498 and Legal entity identifier (LEI) N° 549300P23I30JJWXGS37 .

Its registered address is at 24, BD PRINCESSE CHARLOTTE ET 1, IMPASSE DE LA FONTAINE 10 ETG N° B10 – 98000 MONACO – MC PRINCIPAUTE DE MONACO

H2O Monaco is authorized by the Commission de Contrôle des Activités Financières (CCAF) to carry out the following activities as mentioned in points 4.1 and 6 of article 1 of law n°1.338 of September 7, 2007:

  • Advice and assistance in the management, on behalf of third parties, of portfolios of securities or financial futures instruments,
  • Manage foreign collective investment schemes

The CCAF agreement number is SAF 2017-04.

H2O AM ASIA PTE.LTD.

H2O AM ASIA PTE.LTD. is registered in Monaco with a share capital of 1,750,000 Singapour $, Registration number 201827907K and Legal entity identifier (LEI) number : 5493004DGLQ0FP9NFO63.

Its registrered address is at 20 COLLYER QUAY #10-01, 20 COLLYER QUAY, SINGAPORE (049319)

H2O AM ASIA PTE.LTD.  is authorized by the Monetary Authority of Singapore (MAS) to carry out Fund management activity. The MAS License number is CMS100799.

The MAS Register can be accessed at: https://eservices.mas.gov.sg/fid/institution/detail/222444-H2O-AM-ASIA-PTE-LTD

PUBLICATION – H2O AM’S REPRESENTATIVES

Publications director: Bruno Crastes, CEO and Partner

Editor-in-chief: Marc Maudhuit, Partner

Host: ITS INTEGRA, 42 rue de Bellevue, 92100 Boulogne Billancourt

Telephone: +33 (0)1 78 89 35 00

 

GENERAL CONDITIONS OF USE

The use of this website is subject to the following Terms and conditions which you should read carefully. By using this website, Users are deemed to have full knowledge of these Terms and to accept them. Please do not use this website unless you agree with these Terms. You acknowledge your understanding that these Terms constitute a binding agreement between you and H2O AM that govern your access and use of the website’s Materials. The Materials 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.

WEBSITE APPLICABLE LAW AND JURIDICTION

Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. The website is governed by and is to be interpreted in accordance with the laws of England and Wales. By accessing to this website: you agree that all matters relating to your access to or use of this website, including all disputes and excluding the client complaints which is defined further in CLIENT COMPLAINTS POLICY, will be governed by the courts and laws of England and Wales without regard to conflict-of-laws principles and you agree to waive any objection to the courts and laws of England and Wales.

NOTICE REGARDING WEBSITE’S MATERIALS

The Materials has been placed for information purposes only and in order to comply with legal and regulatory requirements. Unless expressly stated, under any circumstances or in any jurisdiction, the Materials does not constitute or form part of, and shall not be construed as: an offer or solicitation to sell or buy any securities or other financial instruments; or any Investment advice; or a public offer of securities or other financial instruments under any applicable legislation. You should seek professional investment advice before investing especially as for assessing transaction risks. Your investment decision must be in line with your risk appetite. Where necessary, you should consult your own tax, legal and accounting advisors before engaging in any transaction. By accessing this website you agree that H2O AM shall have no liability of any nature whatsoever, now or in the future, by using the Materials unless such liability arises as a matter of law or regulation. The Materials 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 AM 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.

BLOG AND SOCIAL NETWORKS

You are solely responsible for any information you choose to submit in blog and social networks.

 

SOCIAL MEDIA CHANNELS

The content on H2O AM’s social media channels, including Twitter, Instagram, LinkedIn, YouTube and Facebook provided as information only. It does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. H2O AM assumes no liability for the accuracy, completeness or usefulness of the information available on the social media channels.

 

FORWARD – LOOKING STATEMENTS

This website may contain forward-looking statements based on current assumptions and forecasts made by H2O AM. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here.H2O AM assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.

INTERNATIONAL USERS

This website is checked, operated and updated by H2O AM. H2O AM gives no guarantee that the details presented on this website are also correct in places outside the jurisdiction where H2O AM has a licenses. Please note that it is your own responsibility to ensure that you act in compliance with local legislation in that place.

 

THIRD PARTIES OFFERS/ADVERTISING AND WEBSITE LINKS

Third party offers of products and services and advertising may be published on this website in the form of banners. By clicking on one of these banners you will be redirected to a third party’s website. H2O AM accepts no responsibility for the content of advertising or the conditions that apply to offers from third parties. If you wish to subscribe to such an offer enter into a contract with such a third party, or to make a complaint about such offers or advertising, you should contact the third party directly. Our inclusion of banners does not imply any endorsement of the material contained in such banners, or any association with the third parties, and you agree that you will not involve us in any dispute between you and the third party. The contents of other website that may be linked to this website is not maintained, controlled or checked by H2O AM. H2O AM is therefore not responsible for the availability, content or accuracy or privacy practices of other websites or services that may be linked to, or advertised on, this website. These links are made available through the website for information purposes.  H2O AM provides these links to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by H2O AM. By accessing this website you agree that H2O AM shall have no liability of any nature whatsoever, now or in the future, by using the links to third parties website unless such liability arises as a matter of law or regulation.

ACCESSIBILITY, AVAIBILITY AND COMPABILITY

H2O AM does its best to ensure that the website operates properly at all times and remains available on a permanent basis. However, H2O AM makes no warranties as to the availability, accessibility and/or compatibility of the website. As Users of 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). H2O AM doesn’t accept any liability for damage to your computer system or loss of data that results from your use of the website and H2O AM cannot guarantee that any files that are downloaded from the website are free from viruses, contamination or destructive.  H2O AM will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability, accessibility and/or compatibility of the website. However, if you have any difficulty we want to hear from you so that we can put things right please contact: clientservices@h2o-am.com.

INTELLECTUAL PROPERTY RIGHTS

You agree that the Materials made available to you on or through this website is the property of H2O AM or its partners. The Materials is 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 AM, other than to download information from this website and reproduce it for private use, and disseminate it among family members. If H2O AM 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.

UNAUTHORISED USE OF THIS WEBSITE

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

  • use the Materials 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.

By accessing this website you knowledge that H2O AM 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.

 

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.  By accessing this website you knowledge that H2O AM has the right to cancel your password if the website’s security is threatened.

Liability: H2O AM accepts liability for death or personal injury caused by its negligence or that of its employees, representatives or agents.

Passwords are processing under Privacy Policy.

 

CHANGES OF THESE TERMS

By accessing this website you knowledge that H2O AM reserves the right to make changes to the website and these Terms at any time without prior notice. For this reason, each time you use this website you should visit and review the then-current Terms.

 

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.

 

CLIENT COMPLAINTS

Our priority is client satisfaction. For that reason, we pay close attention to client’s complaints relating to H2O AM’s products and/or services. We commit to examine your request and answer your complaint on time. H2O AM’s complaint-handling system deals with any client complaints accurately, in a uniform way and in accordance with the applicable regulation. Access to the complaints service is free-of-charge, and clients can lodge their complaint, in French or English.

Definition of complaints

A complaint is considered as an expression of dissatisfaction (oral or written) about the provision of, or failing to provide, a financial service. It alleges how you have suffered (or may suffer): 

  • financial loss; 
  • material distress; or 
  • material inconvenience 

A request for information, opinion, clarification, service or provision of a service does not constitute a complaint.

 

Handling complaints

Complaints may be sent by post, telephone and/or e-mail, or may be provided via the client’s usual point of contact.

  • By Telephone: The Client’s usual point of contact
  • By Post:
    • H2O Asset Management L.L.P.: 6th Floor, 33 Cavendish Square, W1G 0PW, London, United Kingdom
    • H2O AM Europe SAS : 5th Floor, 39 avenue Pierre 1er de Serbie 750008 Paris, France
    • H20 Monaco : 24, BD PRINCESSE CHARLOTTE ET 1, IMPASSE DE LA FONTAINE 10 ETG N° B10 – 98000 MONACO – MC PRINCIPAUTE DE MONACO
    • H2O AM ASIA PTE. : 20 COLLYER QUAY #10-01, SINGAPORE 049319
  • By Email: The Client’s usual point of contact AND/OR compliance@h2o-am.com

Processing deadlines

  • Acknowledge receipt of all complaints received within a maximum of 3 days, unless a reply can be provided within this period.
  • Respond to any complaints within a maximum period of four weeks following their receipt. H2O AM will collate all the information, documentation and comments relevant to your complaint. If H2O AM is unable to resolve your complaint within four weeks of receipt we will write to explain why we need more time to complete the investigation and let you know when to expect our response.
  • If our investigation is going to take longer than eight weeks, we will write to you again to explain why and let you know when we expect to be able to conclude matters. When we have completed our investigation we will let you know the outcome in writing.

 

Ombudsman
As a last resort and if you are not happy with our final response you may refer your request, free of charge, to the Ombudsman according to jurisdiction where complaints shall be addressed. The Ombudsman must be referred to within a year of the complaint submitted to H2O AM and only after all the internal remedies mentioned above have been used.

United Kingdom:

The Financial Ombudsman Service can be contacted in a number of ways:

  • By post: Financial Ombudsman Service Exchange Tower, Harbour Exchange Square London, E14 9SR
  • By telephone: 0800 023 4567
  • By email: complaint.info@financial- ombudsman.org.uk
  • By website: financial-ombudsman.org.uk

France:

The AMF Ombudsman Service can be contacted in a number of ways:

Monaco :

The Ombudsman Service can be contacted

Singapore:

The Financial Industry Disputes Resolution Centre Ltd (FIDReC) is an independent and impartial institution that resolves consumer financial disputes through mediation and adjudication. It can be contacted in a number of ways:

Data Protection

According to Data Protection Act (DPA) and General Data Protection Regulation (GDPR), H2O AM is required to retain Personal Data for as long as is necessary for the purpose for which it has been collected. Where Personal Data is no longer required this will be disposed of securely in accordance with H2O AM’s Privacy Policy.

Record Keeping

When complaint has been settled, the complaint record and associated correspondence will be retained the records for at least five years from the date the complaint was received. The date on which the complaint was resolved will be recorded. All complaints records, even in relation to minor complaints and those complaints resolved within one business day will be maintained for 5 years in relation to MiFID business.

Reporting to the FCA

Twice a year H2O AM will provide the FCA with a complete report concerning complaints received from eligible complainants including those settled within 3 business days.

Nature of commitment to the UK Stewardship Code​

Under the Financial Conduct Authority’s (FCA) Conduct of Business Sourcebook Rule 2.2.3, H2O Asset Management LLP (H2O) is required to make a public disclosure on its website in relation to its commitment to the Financial Reporting Council’s (FRC) Stewardship Code (hereafter, the Code).

In October 2019, a substantially revised and strengthened UK Stewardship Code was published and took effect on 1 January 2020. The revised version comprises a set of twelve Principles, implemented on an ‘apply and explain’ basis. These Principles apply to asset managers and asset owners, with a separate set of six Principles applying to service providers. The revised Code defines stewardship as “the responsible allocation, management and oversight of capital to create long-term value for clients and beneficiaries leading to sustainable benefits for the economy, the environment and society.”

Whilst H2O strongly endorses this definition of stewardship and the purpose of the Code, we are currently not a signatory due to the nature of our investment approach, which is essentially top-down and global macro.

H2O’s investment strategy is driven by views on the government bond, credit and currency markets, with the majority of positions taken through derivative contracts such as futures, and with limited allocation to individual equity securities and corporate bonds. We are currently exploring possible approaches to exercising stewardship activities across our investment universe, notably by incorporating ESG criteria into our investment decisions (Principle 7). We will therefore review our approach to the Code in the future and update this disclosure accordingly.

 

PRIVACY NOTICE

You may freely visit this website and access the website’s Materials without having to provide any personal data. 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 AM will be unable to deal with your requests in the proper way. Each time you send us personal data, H2O AM will process this in accordance with the provisions below, and with its legal and regulatory obligations.

Personal data is stored in a secure environment which is not accessible by the public. It is processed only for internal purposes. Personal data is not retained for longer than is necessary to provide the services .H2O AM does not pass personal data to third parties, except to fulfil legal and regulatory obligations and in the event of a request from the courts or the police. If, exceptionally, H2O AM wishes to pass personal data to organizations or companies with which it works, you will be asked to give your express consent to this.

The full version of Privacy Notice is made accessible on this website.

 

COOKIE POLICY

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.

 

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”.

 

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):
    • 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 depend 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.

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)