Terms and Conditions of use
& Privacy Policy
These Terms and Conditions of Use and Privacy Policy ("Terms and Conditions") apply to the entire contents of this website under the domain name www.opcapita.com (the "Website"). The Website is owned and operated by OpCapita LLP (registered number OC318670) whose registered office is at 2 Park Street 6th Floor, 2 Park Street, London, England, W1K 2HX (together with its affiliates "OpCapita", also referred to as "our", "we" or "us"). OpCapita LLP is authorised and regulated by the Financial Conduct Authority ("FCA").

BY ACCESSING THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

OpCapita may, at any time, revise these Terms and Conditions by updating this page. By accessing the Website, you agree to be bound by any such revisions and, therefore, you should periodically visit this page of the Website to examine the then-current Terms and Conditions.


TERMS AND CONDITIONS OF USE

Use of the Website. Other than information provided to users who enter the Website by use of a password issued by OpCapita, the information contained on the Website is provided for personal use and general information and interest purposes only. The information contained on the Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to any applicable law or regulation or which would subject OpCapita or any of its affiliates to any registration requirement within such jurisdiction. If you access the Website outside the UK, you are responsible, to the extent permitted by local law, for compliance with any local laws relating to access. 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 Website without the prior written permission of OpCapita. You may not use this Website in any way that is unlawful or fraudulent and you may not misuse our Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You may not use this Website or the information and graphics on this Website in any way that infringes OpCapita's or any third party's trademarks or other intellectual property rights.

No Offer. Nothing contained on the Website constitutes an offer under any applicable law or legislation or an offer to sell or a solicitation or offer to buy any securities, financial instruments or financial services. Nor shall the Website, nor any part of it, form the basis of, or be relied on in connection with, any contract or commitment whatsoever.

No Advice. Nothing contained on the Website constitutes investment, legal, tax or other advice nor is it to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice and check the accuracy of all relevant information before making any investment decision.

No Warranty. While OpCapita tries to keep the information on the Website accurate and up to date, OpCapita is not responsible for, nor gives any undertaking, representation or warranty as to, the accuracy, usefulness, availability, reliability or completeness of any material, information, news or opinions contained in or provided in connection with the Website. OpCapita makes no warranty or representation that (i) the Website will be uninterrupted, timely, secure or error-free, (ii) the results that may be obtained from the use of the Website will be accurate or reliable, (iii) the Website will meet your requirements, or (iv) any errors in the Website will be corrected. To the fullest extent permitted by applicable law, OpCapita expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to, any implied term of satisfactory quality, fitness for purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to the non-infringement of any intellectual property right.

Limitation of Liability. Your use of the Website is at your sole risk. The Website is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, OpCapita shall not be liable for any DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL loss or damage of any kind (including, but not limited to, BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU, without regard to the form of action and whether in contract, tort, negligence, strict liability or otherwise, arising out of or in connection with (i) access to, performance of, browsing in or linking to other Websites from the Website, (ii) reliance on any information contained on the Website, (iii) any error, fault, computer virus, hacking or other phenomenon affecting data or the transmission of data on the Website, or (iv) use of the Website in any way, WHETHER OR NOT (IN EACH CASE) OPCAPITA OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OPCAPITA'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE.

Changes to the Website. OpCapita shall have no responsibility for monitoring or updating the Website, and reserve the right in their absolute discretion to amend, alter, redesign, change, add to or remove material from the Website or anything contained on it, at any time without notice or liability.

Material Interests. OpCapita and/or any of its members, officers and employees may have or have had interests or positions or traded in relevant securities. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided corporate finance or other services to, or serve or have served as directors of, relevant companies. Companies in which investments are made may compete with one another.

Third Party Websites. The Website may include links to websites not controlled by OpCapita and we are not responsible for the availability of, nor any content on, those websites. OpCapita provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. No representation is made as to the regulatory status of any third party that may maintain or be referred to in such a linked website.

Submitted Materials. The Website is not intended as a method for users to convey information to OpCapita. Do not attempt to submit, upload, post, transmit or otherwise make available to OpCapita (or any third party) any information through the Website.

UK Regulatory Information. Access to the Website in the UK is provided solely by OpCapita LLP. OpCapita LLP is a limited liability partnership registered in England and Wales (registered number OC318670) whose registered address is 2 Park Street 6th Floor, 2 Park Street, London, England, W1K 2HX.

In the United Kingdom, this website is only intended for professional clients and eligible counterparties and it is not available for retail client use. It is not intended for distribution to any other country where such distribution or use would be contrary to local law or regulation. By registering for access to this website, the registered user represents that they are duly qualified to do so pursuant to all applicable regulatory requirements in the applicable jurisdictions.

Trade Marks; Copyright; No Licence. "OpCapita" and the logos and trade marks ("Marks") displayed on the Website are either trademarks or registered trademarks in the UK and/or other countries. OpCapita reserves all rights on its behalf and on behalf of any third party which is authorised to display materials or marks on this Website with respect to copyright and trade mark ownership of all material on this Website. You are not permitted to use these Marks without the prior written consent of OpCapita or such third party as may own the Mark. No licence or right under any patent, trade mark or copyright of OpCapita or any third party is granted herein. Copying or downloading material from this Website does not transfer title to any material on this Website to you.

Applicable Law. All matters relating to your access to, and use of, the Website, these Terms and Conditions of Use and the Privacy Policy shall be governed by the laws of England and Wales. Any legal action or proceeding relating to your access to, or use of, the Website shall be instituted in a court in the stated jurisdiction, and no other venue.


PRIVACY POLICY

OpCapita is committed to protecting and respecting your privacy. This Privacy Policy, together with our Terms of Use, terms of business and any other documents referred to within them, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us and the purpose for our collection of it. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

By using this Website, you consent to our Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Website.

Data protection. For the purpose of the Data Protection Act 2018 (the "Act") and the provisions of Regulation (EU) 2016/679 (the "General Data Protection Regulation" or "GDPR"), OpCapita is the data controller of your personal information.

This Policy explains how we may collect and process personal data about:
  • clients and prospective clients
  • visitors to our Website and subscribers to our online services
  • job and work experience applicants and current employees

Depending on our relationship with you this notice may be supplemented with additional information relating to our use of your personal data included for example in our Terms of Business and Terms of Engagement letter (for clients) and our applicant form and employment contract (for job applicants and employees).

Personal Information You Provide to Us. We may collect and process the personal information about you including information:
  • that you provide by filling in forms on our Website, posting material, requesting further services or reporting a problem with our Website
  • that you provide when you use our professional services as a client
  • received in correspondence that you send to us
  • provided to us as part of a job or student placement application you make
  • concerning your visits to our Website (including but not limited to traffic data) and the resources that you access

We may also collect information about you in other ways, for example:
  • if you are an investor in one of our funds or a representative of an investor in one of our funds
  • if you have any other dealings with one or more of our funds or investee companies
  • indirectly, through one of our people, a client or a third party
  • if you are a supplier of ours, from that supplier relationship
  • from publicly available sources, for example the electoral roll or Companies House

As you navigate our Website, certain information may be collected passively, including your Internet protocol address, browser type, domain names, times, and operating system. We may also use session and persistent cookies and navigational data (such as URLs) to gather information regarding the date and time of your visit and the information and services for which you searched and which you viewed. We do not intentionally gather personal information about visitors who are minors. You may also choose to submit certain personal data (such as name and contact details) via our Website (for example via the "Contact Us" section).

Use of Information. In general, any information gathered on the basis of your navigation of the Website is used either to respond to inquiries and requests that you make, to enable us to get in contact with you, or to aid us in providing better services to you.

The way we process your personal data we collect as set out above varies depending on our relationship with you. In each case the purposes for which we request the information will be clear from the context in which it is acquired. These include:
  • providing our services to you or an entity for which you work
  • verifying your identity
  • keeping a record of the services you have subscribed to and deliver services you may have requested
  • administration, billing and record-keeping purposes
  • communicating with you by telephone, email, fax or post
  • meeting our legal, regulatory and contractual obligations arising from any our relationship with you (for example under anti-money laundering legislation)
  • providing and improving customer service and support
  • administering our Website, enhancing operational capabilities and for internal operations
  • verifying or enforcing compliance with this Notice and applicable laws
  • to inform you of developments that may affect you or to inform you of other products, services or events which we think may be of interest to you (unless you have opted out of receiving such marketing communications)

Disclosure of Personal Information. We will only disclose your personal information to another person or organisation where we:
  • need to share the information to provide a product or service you have requested
  • need to send the information to persons or organisations that work on our behalf to provide a product or service to you. Where such a person or organisation does work on our behalf we will ensure that they are contractually required to take appropriate technical and organisational measures to protect your personal information against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to, personal information and only use the information in order to provide a product or service on our behalf
  • are required to disclose the information in order to comply with the law or the requirements of a regulatory authority

Our legal basis for using your personal data. Our use of your personal data as outlined above is subject to different legal bases for processing, including where necessary for:
  • the purposes of the performance of any contract we enter into with you or to take steps at your request prior to entering into a contract with you
  • our legitimate interests, for example in providing legal services to an entity you work for, managing and monitoring our website operation, preventing fraud and for our business compliance purposes
  • compliance with our legal and regulatory responsibilities.

If you do not agree to provide your personal data to us we may not be able to provide you with services or process your application for other services or employment. Where our use of your data is not necessary for one of the purposes outlined above we may use it in a particular way with your consent (for example if you have registered to attend an event we are hosting or to receive market updates). Where we ask for your consent you are free to refuse our use of your personal data for those purposes and you may withdraw your consent at any time by contacting us using the details set out below. This shall not affect the lawfulness of any processing that was based on your consent before you withdrew it.

Security. OpCapita is committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure. Even though OpCapita has taken significant steps to ensure that your personal information is not intercepted, accessed, used, or disclosed by unauthorised persons, you should be aware that OpCapita cannot fully eliminate security risks associated with personal information.

Cookies. A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personal data while on our Website. Once the user closes their browser, the cookie terminates. For instance, by setting a cookie on our Website, the user would not have to log in a password more than once, thereby saving time while on our Website. If you use our Website, you agree to receive cookies from our Website but such cookies will not collect any personal data.

Data Storage. 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 also be processed by staff operating outside the EEA who work for us and we may also use third parties (who may be located outside the EEA) to process your personal data. Before we transfer your personal data outside the EEA we will take all steps reasonably necessary to ensure that any such transfer is made securely and that there is adequate protection in place in order to protect your personal data, as required by the Act and Chapter V of the GDPR. Please contact us if you wish to obtain more information regarding relevant safeguards. The personal data that we collect from you will be retained for as long as necessary to fulfil the purposes for which the information was collected or as required by law.

Your rights. Your personal information is protected under data protection law and you have a number of rights (see below) which you can seek to exercise. Please contact us in writing, by email or telephone using the details shown under 'Contact and Complaints' below if you wish to do so, or if you have any queries in relation to your rights. Please note these rights do not apply in all circumstances.

Right of access - subject to certain exceptions, you have the right of access to your personal data that we hold.

Right to rectify your personal information - if you discover that the information we hold about you is inaccurate or incomplete, you have the right to have this information rectified (i.e. corrected).

Right to be forgotten. You may ask us to delete information we hold about you in certain circumstances. This right is not absolute and it may not be possible for us to delete the information we hold about you, for example, if we have an ongoing contractual relationship or are required to retain information to comply with our legal obligations.

Right to restriction of processing. In some cases you may have the right to have the processing of your personal information restricted. For example, where you contest the accuracy of your personal information, its use may be restricted until the accuracy is verified.

Right to object to processing. You may object to the processing of your personal information (including profiling) when it is based on our legitimate interests. You may also object to the processing of your personal information for the purposes of direct marketing and for the purposes of statistical analysis.

Right to data portability. You have the right to receive, move, copy or transfer your personal information to another controller when we are processing your personal information based on consent or on a contract and the processing is carried out by automated means.

IP addresses. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to collect aggregate information for us to use. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

Changes to this Notice We may change this Notice at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent notice on our Website.

Contact & complaints. If you have any questions about how we treat your personal data and protect your privacy, if you have any comments or wish to seek to exercise any of your rights as outlined above, to opt out of receiving marketing communications from us or to complain about our use of your personal data, please contact OpCapita by sending an email to info@opcapita.com, writing to us at 2 Park Street 6th Floor, 2 Park Street, London, England, W1K 2HX or telephoning us on +44 (0) 20 7647 7300.

You may also lodge a complaint with the ICO by writing to the Information Commissioner's Office, Water Lane, Wilmslow, SK9 5AF. Telephone 0303 123 1113. www.ico.org.uk.