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The Contrarius Group Companies (“Contrarius”, “us” or “we”), understand that your privacy is important to you. Contrarius may process your personal data in their capacity as ‘data controllers’. We are committed to respecting your privacy and protecting your personal data. This Privacy Notice (“Privacy Notice”) describes how Contrarius collects, uses, discloses and protects your personal data, and your rights in relation to the personal data it holds.
Contrarius ICAV’s Privacy Notice, which sets out how the ICAV and its delegates and their affiliates collect, use, disclose and protect the personal data of investors and potential investors in the ICAV, can be accessed here.
Contrarius will process your personal data in accordance with this Privacy Notice, unless such processing conflicts with the requirements of applicable law, in which case, applicable law will prevail. We may amend this Privacy Notice from time to time, to reflect any changes in the way that we process your personal data. This Privacy Notice supersedes any previous version of it which you may have had sight of.
By submitting your personal data to us, you acknowledge that:
You are not required to provide any personal information on the public areas of the website; however, you may choose to do so in order to register a user profile to obtain access to certain parts of the website or when contacting us.
Contrarius may collect a range of information about you. This could include:
This list is not exhaustive and Contrarius may collect more personal data where it is required.
Sensitive personal data is a subset of personal data and includes ethnicity, health, trade union membership, philosophical beliefs, sexual orientation, as well as other categories as prescribed by law. We do not seek to obtain such data unless permitted to do so by applicable laws.
We collect and use your data in order to provide our services to you, to communicate with you about them, to comply with our legal obligations or when necessary for the purposes of our legitimate interests in effectively managing our business operations.
Your personal data may be shared within the Contrarius Group or with certain third parties for the purposes set out above. We maintain processes designed to ensure that any processing of personal data by the Contrarius Group entities or third party service providers is consistent with this Privacy Notice and protects the confidentiality, availability, and integrity of your personal data.
In addition, Contrarius and/or the third parties may be required to disclose your personal data to the extent required by relevant regulatory, tax or foreign exchange authorities or law enforcement officials.
We will not sell your personal information or share it with third parties for use in marketing their products and services.
Contrarius maintains physical, electronic and procedural safeguards to protect your non-public personal information. Even though we have taken significant steps to ensure that your personal information is not misused, you should know that we cannot fully eliminate security risks associated with personal information. The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may be processed by individuals operating outside of the EEA who work for the Contrarius Group. This could include transfers of personal data to Jersey, Bermuda, Australia, South Africa, the UK (should it leave the EEA) and the USA. Certain countries may have different data protection standards to those which apply in the EEA. Where we transfer your personal data outside the EEA, we will ensure that it is protected in a manner that is consistent with how your personal data will be protected by us in the EEA in compliance with data protection law.
We take the security of your data seriously. We have internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.
The retention period will be determined by the purpose for which we are using your personal data and any laws or regulation that may set a minimum or maximum period for which we have to keep your personal data.
As a data subject, you have a number of rights.
Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply.
You can find out more about your rights under data protection legislation at www.dataci.je.
If you would like further information on how Contrarius uses your personal data, the exercise of any of the rights listed above or have a complaint, you may contact email@example.com. This Privacy Notice takes effect on 25 May 2018.
This notice sets out how Contrarius ICAV (the “ICAV”) will process your personal information (as a Data Controller).
Where your details are provided to the ICAV as a consequence of your investment in the ICAV, then the ICAV, acting as a data controller may itself or through a third party (such as Apex Fund Services (Ireland) Limited (the “Administrator”) acting in its capacity as the ICAV’s administrator, Contrarius Investment Management Limited (the “Investment Manager” and the “Distributor") acting in its capacity as the Investment Manager and Distributor of the ICAV, and their affiliates process your personal information or that of your directors, officers, employees and/or beneficial owners, and this personal information may constitute personal data within the meaning of Data Protection Legislation (as defined below).
In connection with the above, please note the following:
Your personal data will be processed by the ICAV and its appointed processors including the Administrator, the Distributor, the Investment Manager and other delegates or duly authorised agents or related, associated or affiliated companies acting as sub-processors on behalf of the ICAV. This processing of personal data will be for any one or more of the following purposes:
The ICAV and/or any of its delegates (including the service providers to the ICAV) and their affiliates may disclose or transfer personal data whether in Ireland, the European Economic Area (“EEA”) or to countries outside the EEA, including but not limited to Jersey, South Africa, Bermuda, Australia, the United States and the United Kingdom should it leave the EEA, in accordance with the requirements of Data Protection Legislation. Such countries may not have the same data protection laws as your jurisdiction. The ICAV and/or any of its delegates will not transfer personal data to a country outside of the EEA unless that country ensures an adequate level of protection or appropriate safeguards are in place or you have explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers to you due to the absence of an adequacy decision and appropriate safeguards, or the transfer is necessary for the performance of a contract between you and the ICAV or the implementation of pre-contractual measures taken at your request. The European Commission publishes a list of countries outside of the European Union ("EU") that are deemed to provide an adequate level of data protection. If a third country does not provide an adequate level of data protection, the ICAV will authorise its delegates, including the Administrator, the Distributor and the Investment Manager to put in place the relevant contractual clauses concerning data protection with relevant parties outside the EEA to whom personal data will be transferred. Where applicable, you are entitled upon request to receive a copy of the relevant safeguard (for example, EC model contractual clauses) that have been taken to protect personal data during such transfer. Please contact the Administrator if you wish to obtain a copy of the relevant safeguard.
You have the following rights, as a data subject, pursuant to Data Protection Legislation:
Where the ICAV, the Administrator or other delegates require your personal information to comply with anti-money laundering or other legal requirements, failure to provide this information means that the ICAV may not be able to accept/retain you as an investor in the ICAV.
You have the right to complain to the Data Protection Commission with respect to how the ICAV processes your personal data.
The ICAV, as a data controller within the meaning of Data Protection Legislation, undertakes to hold any personal information provided by you in confidence and in accordance with applicable Data Protection Legislation. The Administrator may and will hold all or part of your personal data in accordance with applicable laws even after you have fully redeemed from the ICAV. Your personal data will be kept for no longer than is necessary for the purpose(s) for which it was obtained. In determining appropriate retention periods, the ICAV shall have regard to the Statute of Limitations, 1957 (as amended), and any statutory or regulatory obligations to retain information, including antimoney laundering, counter-terrorism, revenue and tax legislation.
It is important that the personal data we hold about you is accurate and current. Please keep us informed, using the Contact Us details below if any of your personal data changes during your relationship with us.
For the purpose of this notice, “Data Protection Legislation” means the Data Protection Acts 1988 and 2003 (as amended, extended or replaced from time to time) and, with effect from 25 May 2018, the General Data Protection Regulation (Regulation (EU) 2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and any implementing legislation and all amendments, extensions or re-enactments thereto. The terms "controller”; “data subject”; “personal data”; “processor”; and “processing” (and any derivations of this term) shall each have the meaning given to them under the Data Protection Legislation.
We may amend this privacy notice from time to time, to reflect any changes in the way that we process your personal data.
If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us via the Administrator at firstname.lastname@example.org.
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Any user of the Contrarius website can block cookies. You may do so by adjusting your browser settings. If you do disable our cookies, you may find that a large proportion of the site will not be accessible.
The information contained on our website and email services is being made available for the benefit of the present investors in the Contrarius ICAV and its sub-funds, the Contrarius Global Equity Fund and the Contrarius Global Absolute Fund (collectively referred to as “the Funds”) and such other persons expressly authorised by the Funds to receive such information, provided that such investors and other persons are not prohibited under the applicable laws of their citizenship, domicile or residence from receiving such information. No other persons are authorised by the Funds to receive such information.
The Funds are made available by prospectus or other forms of disclosure statements specified by applicable law only. Each Fund's prospectus/disclosure statement contains important information which you should read carefully before investing.
The information contained on our website is not intended to constitute an offer or solicitation of any securities to any person, and is not intended for distribution to anyone in any jurisdiction where such distribution is not authorised or to any person to whom it is unlawful to make such distribution. By proceeding to access the Prospectus, Account Opening Form and Subscription Form for the Funds, users are representing and warranting that the law of the relevant jurisdiction allows them to access such information. This warning is made in addition to the investment warnings and important notices set out in the Prospectus. Notwithstanding the foregoing, the Funds are not obliged to issue Fund Shares to any person and reserve the right, in their absolute discretion, to refuse any application for Fund Shares. Persons in receipt of the information contained herein are therefore required to inform themselves about and observe such restrictions.
The distribution of the information contained on our website and the offering of shares in the Funds is restricted in certain jurisdictions. Except as noted below, no action has been taken to permit either the distribution of this information or the offering of any of the shares of the Funds in any jurisdiction where action would be required for such purpose.
Only those sub-funds of Contrarius ICAV (an Irish UCITS fund) that have been notified to the competent authority of a relevant European Economic Area ("EEA") member state will be marketed in the EEA.
Contrarius ICAV, comprising its Sub-Funds Contrarius Global Equity Fund and Contrarius Global Absolute Fund, have been approved for marketing in South Africa in terms of section 65 of the Collective Investment Schemes Control Act, 2002 by the South African Registrar of Collective Investment Schemes. South African residents interested in receiving a prospectus or other information on these funds should contact the authorised representative for those funds, Contrarius Investment Services (South Africa) (Pty) Ltd at email@example.com. Contrarius Investment Services (South Africa) (Pty) is a member of the Association for Savings & Investment South Africa.
In the United Kingdom the Funds are unregulated collective investment schemes for UK purposes, the promotion of which in the UK is restricted by sections 21 and 238 of the Financial Services and Markets Act. Our website is not designed, intended nor may it be used as a financial promotion to any person in the UK other than those to whom it may be communicated under the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (FPO) and the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 and including (i) persons authorised to carry on a regulated activity under FSMA; (ii) persons otherwise having professional experience in matters relating to investments and qualifying as investment professionals under article 19 of the FPO; (iii) persons qualifying as high net worth persons under article 49 of the FPO; or (iv) any other person to whom our website may be communicated or caused to be communicated. Our website should not be accessed from the United Kingdom by any person other than these types of person. The protections provided by the UK regulatory system, including recourse to the UK Financial Services Compensation Scheme, do not extend to investments in the Funds.
The information posted on our website is not intended and in no circumstances should it be regarded as an offer of sale of the Funds in the United States or to U.S. persons. Any offer and sale of Fund shares made in the United States will be made only in full compliance with US securities laws. Neither the Fund Shares nor the Funds themselves have been registered under any United States securities legislation and, except in a transaction which does not violate such legislation or require the registration of the Funds, the Fund Shares are not being offered, directly or indirectly, in the United States of America or in any of its territories or possessions or areas subject to its jurisdiction or to citizens or persons thereof. Any offer and sale of Fund shares made in the United States will be made only in full compliance with US securities laws.
This website provides general information for the benefit of the present Investors in the Funds and such other persons expressly authorised by the Funds to receive such information, provided that such investors and other persons are not prohibited under the applicable laws of their citizenship, domicile or residence from receiving such information. No other persons are authorised by the Funds to receive such information. It may not be complete and up to date for your purposes. It is not intended as financial advice or as an offer, solicitation or recommendation of securities or other financial products. Only investors with appropriate knowledge and experience to evaluate the applicable merits and risks should consider an investment in the instruments discussed herein. If in doubt, you should obtain independent financial advice that addresses your particular investment objectives, financial situation and needs before making investment decisions. The information and materials contained on this website, including all terms, conditions, and descriptions are subject to change.
The information provided in any e-mail sent by Contrarius is provided to the recipient only and for the information purposes of the recipient only. Such information is not intended for, may not, without the express consent of Contrarius, be distributed to, and may not be relied upon by, any other party, including without limitation, any advisory or other client of the recipient. Any such information will not constitute and may not be construed as (i) an offer to sell, or an invitation to purchase securities issued by any Fund or (ii) the provision of investment advice. Contrarius reserves the right to refuse service to anyone at any time without notice for any reason.
The website's purpose is only to provide general information or factual information regarding your investment with Contrarius (if applicable). The website does not take into account your particular circumstances, investment objectives or the investment needs of any user. The information in our website or the content provided through e-mail services, including, without limitation, all research, opinions or other content, is not intended to, nor does it, constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services. Before making any decision or taking any action which might affect your personal finances or business you should consult your own professional advisors.
The information and content contained on our website or received through e-mail services is relevant as of the dates expressly stated therein and no implication is being made that there has been no change in such information subsequent to such dates. The information is subject to change without notice.
Changes are periodically made to the information on our website or the content provided through e-mail services and these changes will be incorporated in new editions of our website. Contrarius expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in our website without notice.
Our website may now, or hereafter from time to time contain certain statements or information with respect to the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items; or the plans, objectives and/or projections of Contrarius for future operations; or future economic performance. Contrarius wishes to caution you that such projections are only predictions and that actual events or results may differ materially. Contrarius is an active manager and any statement that relates to a specific issuer should not be treated as a representation that Contrarius is pursuing any particular trading strategy. In particular, where the website or the content received through e-mail services provides commentary on securities, financial instruments, indices, financial products or indicators, or economic conditions, it is done in the context of investment decisions for the Funds. It is not intended to be, and it should not be construed as, a recommendation to (or not to) deal in the particular security, index or financial instrument. Contrarius may be buying or selling any securities or other financial instrument discussed.
The Contrarius website uses two types of cookies: session cookies and persistent cookies:
We do not use third-party cookies on the Contrarius website. If you would like to disable cookies from our website, you can adjust your browser settings to do so, however, you may find that our website ceases to work. For more information about cookies and how cookie regulation affects you, please visit http://ico.org.uk/for_the_public/topic_specific_guides/online/cookies.
Our website, content provided through e-mail services and the information contained therein are provided "as is" and your use of our website and the information contained therein is entirely at your own risk. You assume full responsibility and risk of loss for the investment decisions, results obtained, regulatory reports and statements produced using our website and the information contained therein, including your account information. Neither Contrarius, its affiliated companies, holding companies, subsidiaries or subsidiaries of its holding companies, or their shareholders, agents, consultants, officers, directors or employees will be liable for any damages whatsoever relating to the use of our website or the information contained therein, including, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether in an action arising out of contract, statute, wrongful conduct or otherwise.
Contrarius expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Any warranty implied by law is hereby excluded except to the extent such exclusion would be unlawful. Contrarius disclaims all liability from the availability, timeliness, security or reliability of our website, e-mail services and the information contained therein. Contrarius will not be responsible or liable for the exercise or non-exercise of its rights under these terms.
Without limiting the generality of the foregoing: (i) Contrarius does not warrant that our website, the content provided through e-mail services or information contained therein will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and (ii) while Contrarius has taken reasonable measures to ensure the integrity of our website, the content provided through e-mail services and the information contained therein, no warranty, whether express or implied is given that any files, downloads or applications available via our website are free of viruses, trojans, time-locks or any other data or code that has the ability to corrupt or affect the operation of your system.
Contrarius maintains all copyrights in the text, graphic images and logos contained in this website. You may download or print hard copy of individual pages and/or sections of the Contrarius website provided you do not remove any copyright or other proprietary notices. Any download or copy from the Contrarius website will not transfer title to any software or material from Contrarius. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Contrarius website without Contrarius’s prior written consent.
Without derogating from the foregoing, Contrarius hereby authorises you to view, copy, download to a local drive, print and distribute the content of our website, or any part thereof, provided that: (i) such content is used for your information purposes only; (ii) such content is used for non-commercial purposes and you and your authorised users are expressly prohibited from incorporating any material of Contrarius proprietary material from our website or provided through e-mail services in any other work, publication or website either of your own or belonging to any third party; and (iii) any reproduction of Contrarius proprietary material from our website or portion thereof must include this notice in its entirety.
The Contrarius website may contain external links to third party websites for your convenience. Contrarius makes no representation or endorsement as to their content. Your use of or reliance on any external links provided is at your own risk.
Contrarius subscribes to internationally recognised standards of personal privacy protection, complying with the requirement of the Data Protection (Jersey) Law 2005. Please refer to www.dataci.je for further details and guidance. We are committed to protecting the security of your personal information. Even though we have taken significant steps to ensure that your personal information is not misused, you should know that we cannot fully eliminate security risks associated with personal information.
In order to provide its services to users, Contrarius shall process any personal data it holds in accordance with its Privacy Notice and applicable data protection legislation and may use agents and other third-parties in Jersey and elsewhere to hold or process personal data or other confidential information. As a user and party to these terms it is an express term that you agree to the transfer, holding and processing of such personal data and other confidential information in this way and agree that your use of this website is subject to the Contrarius Privacy Notice. Contrarius does not sell, rent, loan, trade or lease any personal information collected, including application forms, financial data or email addresses.
Contrarius will disclose otherwise confidential personal data and confidential information if it is compelled to do so by laws and regulations applicable to it and/or its agents, and whether in Jersey or elsewhere.
"MSCI" is a trademark of MSCI Inc. and is used by Contrarius Group under licence. The MSCI information (1) may not be redistributed or used as a component of a financial product or index; (2) does not constitute investment advice; and (3) is provided on an "as is" basis with each of its users assuming the risk of his/her use. MSCI and related parties expressly disclaim all warranties (including, without limitation, any warranties of originality, accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose) with respect to this information. None of those parties shall have any liability for any damages (whether direct or otherwise).
Your attention is drawn to the fact that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. Contrarius disclaims any liability for the interception or monitoring of, or access to, such information by any person. Contrarius requests that no unsolicited confidential or proprietary information be sent to Contrarius. Any such unsolicited information or material sent to Contrarius will be deemed not to be confidential, unless otherwise agreed in writing by Contrarius.
Adding your investment account to your user profile or requesting account information constitutes and shall be deemed to be an acceptance of the following terms:
You and your authorised users agree to observe the remote access operating standards and procedures and username or other password control requirements and other security procedures as may be issued from time to time by Contrarius for you to access your account.
You and your authorised users are exclusively responsible for maintaining the confidentiality of your Contrarius user profile, password, account numbers and any other personal or security information required to access your account.
We will presume any person that possess the required information to pass through all security measures to be you or your authorised representative. You agree that all information that you may provide to us and the Fund Administrators is complete and true and the telephone number and e-mail address at which you may be reached to discuss any correspondence submitted to us via our website or by email is valid and current. You also agree to advise us promptly of any changes in your personal information.
The Funds’ Administrator, Apex Fund Services (Ireland) Limited are the initial source of most of your account information provided on our website. This information is input into a Contrarius database and accessed from that database for use by our website. Other information is developed by Contrarius. There may be periods when your account information is inaccessible, or when delays, omissions or inaccuracies occur in your account information provided on our website. You agree to advise us promptly if you are aware of any discrepancies in the information we hold for you.
Contrarius Investment Management Limited is a private company incorporated in Jersey (Company No. 100697) and is authorised and regulated by the Jersey Financial Services Commission (Reference No. FSB1906) for the purpose of carrying on funds services business.
Any views expressed reflect the current views of Contrarius and do not necessarily represent the view of any other members of the Contrarius Group. The views expressed may change without notice or liability.
Contrarius maintains the highest possible professional standards in its dealings with clients and complies with, and expects its clients to comply with, all relevant laws including those relating to money laundering.
Contrarius and/or its appointed agents reserve the right to record telephone conversations. Access to records is highly restrictive.
The website constitutes a financial services advertisement within the meaning of the Financial Services (Advertising) (Jersey) Order 2008 (the 'Order') and Contrarius Investment Management Limited is the issuer of such advertisement for the purposes of the Order.