The provisions of this legal notice (“Legal Notice”) apply to the entire contents of this website under the domain name www.gurnetpointcapital.com (the “Website”). Please read the following terms carefully before using this Website. By using this Website you acknowledge and agree to the terms and conditions stated herein. If you do not accept these terms and conditions, do not use this Website.
Gurnet Point Capital reserves the right to revise or change any content posted to this Website, including, without limitation, these terms and conditions, at any time and for any reason, without notice or obligation, by updating this Website. Your continued use of this Website following the posting of revisions or changes to content, including, without limitation, these terms and conditions, means that you accept all such revisions and changes. Any use of this Website or any content in a manner inconsistent with these terms and conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. It is your obligation to visit this page each time you access this Website to review these terms and conditions and, in particular, to check for any revisions or changes. Gurnet Point Capital is entitled, at any time and without obligation to give any reasons, to deny you the right to access this Website, including, without limitation, for violations of any of these terms and conditions.
Unless otherwise stated, the copyright, trademark and other intellectual property rights under U.S. and international law in all material on this Website (including, without limitation, photographs and graphical images) are owned by Gurnet Point Capital, its affiliates and/or its licensors. Nothing in this Website is designed to grant any license or right to use any image, trademark or logo. No portion of this Website, including but not limited to the text or images may be copied or distributed in any manner, or for any purpose, without Gurnet Point Capital’s prior express written permission, except as expressly provided herein. You acknowledge and agree that any name, logo, trademark, or service mark (or any variation or combination thereof) contained on this Website may not be used by you without Gurnet Point Capital’s prior written approval.
You may link to the home page of this Website as long as the link does not cast Gurnet Point Capital or any of its affiliates in a false or misleading light or suggest or imply that you own or are the author of content on the Website or that you have any kind of relationship with Gurnet Point Capital or any of its affiliates.
All rights not expressly granted in this Legal Notice are reserved.
Neither Gurnet Point Capital nor any of its affiliates shall be liable if for any reason all or any portion of this Website is unavailable or malfunctions at any time or for any period.
Access to this Website may be suspended without notice in the case of system failure, maintenance or repair or at any other time in Gurnet Point Capital or any of its affiliates’ absolute discretion.
Visitor material and conduct
You are prohibited from posting or transmitting to or from this Website any material:
- That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- For which you have not obtained all necessary licenses and/or approvals; or
- Which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in any country in the world; or
- Which is technically harmful (including, without limitation computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not use the Website in any manner or for any purpose except as expressly provided herein (including, without limitation, by hacking or any conduct that would violate any applicable law, regulation or statute).
Gurnet Point Capital shall fully co-operate with any law enforcement authorities or court order requesting or directing Gurnet Point Capital to disclose the identity or locate anyone posting any material in breach of the paragraphs above.
Links to other websites
Any links to third party websites (including, without limitation, websites of any of Gurnet Point Capital’s affiliates) on this Website are provided solely for your convenience. If you use these links, you leave this Website. By using this Website, you acknowledge and agree that Gurnet Point Capital has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content (including, without limitation, accuracy or completeness) or availability. Gurnet Point Capital therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. You agree that you understand that linked sites may, among other things, contain incomplete or inaccurate information, may be less secure or may not protect your privacy. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
Gurnet Point Capital and its affiliates generally do not accept unsolicited requests, proposals, business plans, applications, ideas, suggestions or other materials (collectively, “submissions”).
In the event that any submissions are submitted or offered to us, using the site or otherwise, such submission (i) will not be treated as confidential and (ii) will become and remain Gurnet Point Capital’s sole property, unless otherwise agreed in writing and duly signed by Gurnet Point Capital or any of its affiliates.
Gurnet Point Capital and its affiliates will have the right to freely use, disclose, modify, copy, reproduce, publish, transmit, display sublicense, translate, create derivative works from and distribute any submissions in any medium and via any distribution, transmission or display method for any purpose whatsoever, commercial or otherwise. Neither Gurnet Point Capital nor any of its affiliates will owe you or any person compensation for any submissions. Whether Gurnet Point Capital or its affiliates will use any submissions is entirely at their sole discretion.
This Privacy Statement explains how Gurnet Point Capital and its subsidiaries and affiliates process the personal data of individuals with whom we interact, including but not limited to visitors to our websites.
Our Privacy Statement will help you understand the information we collect, how we use it, and what choices you have. This privacy statement applies only to the www.gurnetpointcapital.com website (the Website) provided by Gurnet Point Capital ("we", "us", "our").
Purpose of this Website
- The Website is an information Website designed to present the portfolio management business of Gurnet Point Capital and its affiliates.
What personal information do we collect when you visit our Website?
- The Website collects standard internet log and technical data to measure and improve the effectiveness of this Website, to help diagnose problems with our server, to administer the Website, to see where website traffic is coming from, and to identify our users.
- When you visit the Website, we may collect technical information such as your IP address, details of the pages you visit on the Website, and which browser you used to view our Website with.
How will we use information about you?
- Your personal data may be processed by us or our sub-processors (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes;
- to respond to any queries you may have contacted us about.
- to send you updates on the performance of a fund or other newsletters which we will do on the basis of our legitimate interest if you are a current or potential investor.
- to comply with legal or regulatory requirements
- where you contact us by email, we will scan these (including attachments) for viruses or malicious software, to process and manage email traffic, and to store personal data on our system to pursue our legitimate interests including for document retention purposes; and
- such other actions as are necessary to manage our activities or those of a Fund, and enforcing or defending our rights and / or interests or those of a Fund, in order to comply with their legal, tax or regulatory obligations and / or to pursue legitimate interests.
- Our legal basis for collecting and using the personal information described above will depend on the following context: where it is necessary for our legitimate interests or those of a third party, and where your interests and fundamental rights are not overridden by those interests, or where we need to comply with a legal or regulatory obligation.
Sharing of personal information
- Your personal data may be processed by us or our sub-processors (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes:
- To send you any information you have requested, which may include updates on the performance of a fund, newsletters, or invitations to events;
- To comply with legal and regulatory requirements;
- To scan emails sent to us (including attachments
- Our Website servers are based at our headquarters in Geneva, Switzerland. We may from time to time disclose your IP address to our third party website support partners, also located in Switzerland, to help with the maintenance and diagnostics of any technical issues we may experience with the Website.
- Any personal information sent to another country is protected by the appropriate safeguards. The European Commission has decided that both Jersey and Switzerland have been approved as having an adequate level of protection for personal data. Please contact us at DPPC@waypointcapital.net for more information.
Storage of your personal information
- We will keep IP address information for approximately 12 months from the date on which you last use the Website, after which this information will be permanently and securely deleted from both the Website and any records maintained by our third party support partners.
- We will only retain any other personal data you have provided to us for as long as necessary to fulfil the purpose we collected it for, including for the purpose of satisfying any legal, accounting, or reporting requirements.
- We use WhatsApp for some of our internal messaging. If your contact details (name, email and phone number) are on our Personnel’s mobile devices, these details will automatically be shared with WhatsApp. Please see WhatsApp’s Privacy Notice for more details
- To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purpose for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.
For EU citizens under GDPR: Your Rights
- You have the right to request access to the personal information that you have submitted to us, view, modify or delete it, and to object to processing, restrict processing or request portability, as well as to withdraw consent to us sending you any further communications by simply sending us an email at email@example.com.
- If you have any questions about this privacy statement, please contact us at DPPC@waypointcapital.net
- If you are a citizen of the European Economic Area, you have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact our EU representative Information Commissioner at https://ico.org.uk/
Changes to this privacy statement
- This statement is subject to the occasional revision, and if we make any substantial changes to the way we collect information via the Website, we will prominently post a notice of the change on the Website's home page.
We may use the following types of cookies:
- “Session based” cookie. This is essential for parts of the website to operate and has already been set. It is used to maintain the state of a user’s actions so as not to constantly request the same information from them within a “session”.
- “Essential” cookie. This is essential for parts of the website to operate – for example, it lets us know that you have clicked on a link to a new page and that we should now serve that new page to you.
- “Analytics” cookie. This is used to collect information about how you use our site, such as where you have come to the site from and which website pages you have visited. We use the information to help us improve the website.
We do not collect other information, such as website usage activity and preferences (also known as demographic or profile data) via the Website, and do not have Advertising cookies.
With most Internet browsers, you can erase or block cookies or ask to receive a warning before a cookie is stored. The “Help” function within your browser should tell you how. Alternatively, you may wish to visit www.youronlinechoices.eu which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies.
Restricting cookies will not have an impact on the functionality of our website, but it will not remember any preferences (such as language) that you have chosen, and you will have to change the settings each time you visit our site
Past performance is no indication of future performance and nothing on this Website should be interpreted to state or imply otherwise. The value of investments may fall as well as rise and investors may not get back the full amount invested.
The information contained in this Website is provided for the purposes of general information only and under no circumstances should any information contained in this Website be used or considered as an offer to sell or solicitation of any offer to buy an interest in any investment made by or any investment fund managed by Gurnet Point Capital or any of its affiliates. In addition, the contents of this Website should not be construed as to provide tax, legal or investment advice. Neither Gurnet Point Capital nor any of its affiliates accept any responsibility or liability for any loss which may result from reliance on any of the information or opinions contained in or accessed through this Website.
Gurnet Point Capital is not responsible for incorrect or incomplete information, data or other content posed on this Website and does not warrant the accuracy or completeness of the material on this Website. Gurnet Point Capital makes no commitment to update the contents of this Website so as to be current. Gurnet Point Capital may make changes to the material on this Website at any time without notice The material on this Website may contain typographical or other errors or may be out of date. Gurnet Point Capital makes no commitment to update such material.
THE MATERIAL ON THIS WEBSITE IS PROVIDED “AS IS”, WITHOUT ANY CONDITIONS, REPRESENTATIONS OR WARRANTIES OR OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, GURNET POINT CAPITAL PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT GURNET POINT CAPITAL AND ITS AFFILIATES EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GURNET POINT CAPITAL ALSO DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES FOR THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS WEBSITE AND THE CONTENT.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY CONTENT IS AT YOUR OWN RISK AND THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR ANY CONTENT IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES OR OTHER DISBURSEMENTS AND INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR THROUGH THE ACCESS TO USE OF, INABILITY TO USE, RESULTS, OR BROWSING OF THIS WEBSITE (INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION; OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS; OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS), ANY WEBSITES LINKED TO THIS WEBSITE, OR ANY CONTENT ON THIS OR ANY OTHER SITE, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GURNET POINT CAPITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, GURNET POINT CAPITAL IS DEEMED LIABLE IN CONNECTION WITH THIS WEBSITE OR ANY CONTENT, THEN YOU AGREE THAT GURNET POINT CAPITAL’S TOTAL LIABILITY SHALL BE LIMITED TO ONE THOUSAND DOLLARS.
You agree to indemnify, defend and hold Gurnet Point Capital, its affiliates and their respective officers, agents and employees, as well as Gurnet Point Capital’s licensors and other third parties with which Gurnet Point Capital contracts, harmless from and against any and all claims, demands, actions, cost and/or expenses (including legal and other professional fees) incurred by or against such persons or entities arising out of or resulting from (i) your use of this Website or any content, (ii) your breach of any terms or conditions contained in this Legal Notice or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights.
Governing law and jurisdiction
By visiting this Website, you agree that the laws of The Commonwealth of Massachusetts, without regard to principles of conflicts of laws, will govern this Website, the terms and conditions stated herein and any dispute of any sort that may arise between you and Gurnet Point Capital related to this Website or any content. You hereby consent to the exclusive jurisdiction of federal and state courts in Boston, Massachusetts for the purpose of resolving any dispute relating to your visit to this Website. Gurnet Point Capital may seek injunctive or other appropriate relief in any state or federal court in The Commonwealth of Massachusetts and you consent to exclusive jurisdiction and venue in such courts.
You agree to notify Gurnet Point Capital promptly in writing at 55 Cambridge Parkway, Suite 401, Cambridge, Massachusetts 02142 of any violation of the terms and conditions stated herein of which you become aware or any infringement or misappropriation of any intellectual property or content of Gurnet Point Capital.
Neither this Website nor any content is an offer for securities or any form of solicitation. Access to and use of this Website and any content is subject to all applicable international, federal, state and local laws and regulations. Neither this Website nor any content is intended for use by any person or entity in any country or jurisdiction where such use would be contrary to local law or regulation, and no such person or entity is authorized to access or use this Website or any content contained herein. If any of the terms and conditions stated herein are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Any court of competent jurisdiction or arbitrator agreed to by the parties shall have the authority to reform any such invalid, void or unenforceable term or condition to the minimum extent necessary so that such term or condition is valid and enforceable.