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Terms of use

This is the official website (the “Website”) of Rollman Capital S.à.r.l. (the “Company”), the use of which is governed by the terms and conditions set out below, which you should read before proceeding. If after careful consideration you do not agree to use the Website in accordance with them, you should exit without proceeding further. By using the Website, you are deemed to have accepted these terms and conditions.

 

The Website is not intended for the general public. It is designed for use by Financial Intermediaries, Investment Companies, Financial Institutions, Providers of Financial Products and Qualified Investors. Nothing within this Website constitutes an invitation or offer to buy or sell any investment, nor is it intended to provide a basis on which to make an investment decision or a personal recommendation. The price and value of the investments may fluctuate. Past performance is not a guide to future performance and future returns are not guaranteed.

 

This Website is not directed to any person in any jurisdiction where the publication or availability of this Website is prohibited. Persons in respect of whom such prohibitions apply must not access this Website. Access is restricted to Qualified Investors and subject to successful identification. Therefore, any and all information contained in this part of the Website is solely directed at such Qualified Investors. It is not allowed to directly or indirectly grant access to, or distribute, information to people other than Qualified Investors.

 

By accessing this Website and any pages thereof, you acknowledge your agreement with, and understanding of, our terms of use and legal information pertaining to both this Website and any material in it. If you do not agree to the terms of use, do not access this Website or any pages thereof.

 

Access to the information contained on this Website may be restricted by laws and regulations applicable to the user.

 

 

Limitation of Liability

Whilst every effort is made to verify the accuracy of the information on the Website it is supplied on an “as is” basis and the Company makes no representation or warranty (express or implied) that such information is accurate, complete, current or suitable for the purposes for which it will be used. You are advised to verify any information before relying on it.

 

Accordingly, the Company shall not be liable for any loss or damage that anybody may suffer (whether directly or indirectly) as a result of relying on the information contained on the Website or on information contained on any site accessible via the Website. Nor shall the Company be liable for any direct or indirect loss or damage resulting from any interruption in availability, viruses, contamination, lack of technical specifications necessary for downloading or any other liability howsoever caused. In using the Website, the user accepts all risks pertaining thereto.

 

Nothing contained in this Website constitutes an invitation to invest in the securities of Rollman Capital S.à.r.l. or any of its subsidiaries or joint venture partners. The past performance of the Company constitutes no guarantee as to its future performance.

 

This Website does not provide investment, legal, tax or any other form of professional advice. Investors should always consult a professional adviser before making an investment decision.

 

In many countries, the investment funds mentioned in this part of the Website are subject to restrictions in relation to publication and access via the Internet, marketing, offering and/or selling. Reference is made to the respective prospectus for any details, however, it is the obligation of each person to inform themselves about and to obey any restrictions. Thus persons, being subject to any restriction shall not access this part of the Website. In relation to a particular investment fund, all current versions of all documents in relation to such investment fund shall be considered. All further or additional reservations in such documents apply. Persons in respect of whom such prohibitions apply must not access this Website.

 

 

Governing Law

These terms shall be governed by and construed in accordance with Luxembourg law and subject to the sole jurisdiction of the Luxembourg courts. No representation or warranty is made by the Company that the information and materials on or accessed through this Website comply with legislative or regulatory requirements applicable to other areas in which this Website may be accessed.

 

Data submitted to us by you will be used by us for the purposes for which it has been submitted and for the administration of this Website only, and, except for the postage of information to you at your request (which may be subcontracted to an authorised representative for this purpose), will not be disclosed to any third party without your prior consent other than as required by law.

 

Whilst the Company will take all reasonable steps to protect all personal information received from you it does not guarantee the security of any information given to it via this Website or any site accessible through it.

 

For Swiss Qualified Investors:

Definition of Qualified Investor as per Art. 10 CISA (Collective Investment Scheme Act):

 

Paragraph 3: Regulated financial intermediaries such as banks, securities traders, fund management companies and asset managers of collective investment schemes, as well as central banks, regulated insurance institutions, public entities and retirement benefits institutions with professional treasury operations, companies with professional treasury operations.

 

Paragraph 3bis: High-net-worth individuals may declare in writing that they wish to be deemed qualified investors. In addition, the Federal Council may make such persons’ suitability as qualified investors dependent on certain conditions, specifically technical qualifications.

 

Paragraph 3ter: Investors who have concluded a written discretionary management agreement as defined in Article 3 Paragraph 2b and c are deemed, qualified investors.

 

You hereby acknowledge that you have read the Terms of Access for the restrictive part of this website and fully consent to the Terms of Access as well as the terms and conditions of the use of the Website.

PRIVACY POLICY NOTICE

Who is providing this notice:

Rollman Capital S.à.r.l. registered in Luxembourg: 2 Parc d’Activités Capellen, L-8308, Mamer
Grand Duchy of Luxembourg. Company Number B271040

Email: victor.r@rollmancapital.com

 

 

WHAT IS CONSIDERED PERSONAL DATA?

As per article 4 of GDPR, personal data is any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

 

WHAT PERSONAL DATA DO WE COLLECT FROM YOU? (as part of our contractual obligation)

Rollman Capital S.à.r.l. may collect the following information about you:

Your contact details: name, email address and telephone numbers. Your personal details: age/date of birth, marital status, nationality, tax residency, bank details, CV. Your employment details: company name, position, industry, address, website, telephone number and email address. Identification documents (such as passport, driving licence, etc.) as proof of identity. Proof of address (such as utility bills, bank statement, etc.). Any other information required by any relevant legislation including but not limited to: Proof of Investor status (qualified/accredited investor), Anti Money Laundering and Countering Financial Terrorism (as it is industry best practice).

 

 

PERSONAL DATA WE COULD OBTAIN FROM THIRD PARTY SOURCES

Any publicly available personal data that has been shared via a public platform such as Twitter, LinkedIn, etc. (i.e. employment details, contact details, etc.)

 

 

HOW DO WE COLLECT THE ABOVE INFORMATION?

If you are a source of collection, we usually gather the data via:

– Terms of business, subscription forms or distribution agreement (and the necessary supporting Know Your Customer/Due Diligence)

– Telephone calls and email correspondence

– Face-to-face meetings and office visitations

– Conferences & sponsorship events attended

 

 

IF WE HAVE OBTAINED YOUR PERSONAL DATA FROM THIRD PARTIES, WE USUALLY GATHER THE DATA VIA ONE OR MORE OF THE FOLLOWING:

– Public sources such as any available online information including social media

– Professional bodies and publicly available databases and registers including government registrations

– Your company website or social media pages

– Any other available public source

– Financial Intermediaries who you have approached for financial/investment introductions

 

 

HOW WE USE YOUR DATA/ PURPOSES OF PROCESSING?

To fulfil our contractual obligations with you, to verify your identity, to provide you with ongoing communication and business opportunities, for crime and fraud prevention, detection and related purposes, to enable us to manage customer/client service interactions with you, where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute, etc.), to exercise our legal rights (for example in court cases) and to make our services available to you.

 

 

SHARING DATA WITH THIRD PARTIES

Our service providers

Following your request or with your written or tacit consent, we may share your personal data with some or all of the following:

– Any service provider we enter into a business relationship with to fulfil and comply with our contractual or statutory obligations (such as a transfer agent, custody agent, bank, accountancy firm, auditor, insurer, solicitor etc.)

– Any regulator, enforcement agency or government agency necessary to fulfil and comply with our statutory and/or legal obligations (such as courts/tribunals, financial/prudential regulators, tax authorities, etc.), or to protect our rights or the rights of any third party

– Sponsors and exhibitors. When you attend one of our events or conferences, we share your details with them as permitted by law

– Any legal or natural person that we or our clients enter into a business relationship with, if required by law or contract (i.e. if you are doing business with us through your legal representative, auditors, etc.)

 

 

INTERNATIONAL SHARING OF PERSONAL DATA

As we do business internationally, we could share your information with any relevant country for business based on two considerations:

 

– In order to meet our statutory and legal obligations.

– In order to fulfil contractual obligations.

Under GDPR, a international transfer of data may be made where:

– A country, territory, one or more specific sectors in a country, or an international organisation ensure an adequate/equivalent level of protection, and the transfer is:

– Made with the individual’s informed consent, necessary for the performance of a contract between the individual and the organisation or for pre-contractual steps taken at the individual’s request, necessary for the performance of a contract made in the interests of the individual between the controller and another person, made from a register which under UK or EU law is intended to provide information to the public. If none of the above apply, such transfers are permitted only where the transfer:

 

Is not repetitive (similar transfers are not made on a regular basis), involves data related to only a limited number of individuals, is necessary for the purposes of the compelling legitimate interests of the organisation (provided such interests are not overridden by the interests of the individual), and is made subject to suitable safeguards put in place by the organisation (in light of an assessment of all the circumstances surrounding the transfer) to protect the personal data. In these cases, we would be obliged to inform the relevant supervisory authority of the transfer and provide additional information to you.

 

 

LAWFUL BASIS OF PROCESSING

If you are a person entering into a contract or terms of business with us by either:

– Via an accredited/qualified/professional/institutional investor

– Acting in your own name as a sole trader or introducer

– Representing a registered company (as a director)

We will be holding your personal data on the basis of a contract. Under this basis, processing of your data is necessary either for the performance of the contract/terms of business to which you are party or to take steps at your request prior to entering into a contract.

 

Within the bounds of strict necessity and proportionality, in some cases we will process your personal data under the lawful basis of “legitimate interest” where the processing is necessary for any or all of the following:

1) Keeping a relevant and appropriate relationship

2) Commercial interests

3) Exercise or defence of legal claims

4) Fraud prevention

5) Prevent cyberattacks

6) To protect our rights or 3rd party’s rights

 

If the purposes under which we process your data change, we may still be able to continue processing under the original lawful basis if our new purpose is compatible with the initial purpose (unless your original lawful basis was consent).

 

 

HOW LONG DO WE KEEP YOUR DATA?

We do not retain any more of your personal information than we believe is necessary for any of the purposes outlined above and we do not retain your personal information for any longer than is reasonably necessary to do so for the purpose set out in this notice. We will retain your information for:

– As long as we hold a business relationship (terms of business)

– As long as you hold investments with us

– As long as we are obliged to by any relevant law

– As long as you do not withdraw your consent (if we hold your data under this lawful basis)

– As long as is necessary in order to provide the relevant service to our clients

– As long as is necessary to fulfil our legitimate interest

 

 

HOW WE PROTECT YOUR DATA

Rollman Capital S.à.r.l. has put in place security measures to ensure your data security:

– Confidentiality: the data can be accessed, altered, disclosed or deleted only by those you have authorised to do so (and that those people only act within the scope of the authority you gave them)

– Security: data is stored on password-protected systems

– Integrity: the data we hold is accurate and complete in relation to why we are processing it

– Availability: the data remains accessible and usable, i.e. if personal data is accidentally lost, altered or destroyed, we can recover it and therefore prevent any damage or distress to the individuals concerned

 

 

YOUR RIGHTS

You have the following rights:

– The right to be informed, hence this privacy notice

– The right to ask for a copy of the personal data we hold about you (the right of access)

– The right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you (the right of rectification)

– The right to erasure, also known as the right to be forgotten. This is not applicable to data held under the lawful basis of a legal obligation or if the processing is necessary for the establishment or exercise or defence of legal claims

– The right to object the processing of your personal data. You can object to processing based on legitimate interests or direct marketing (in the latter case we must stop as soon as we receive your objection).

– The right to opt-out of receiving promotional communications at any time by making use of the simple unsubscribe link in emails or by contacting Rollman Capital S.à.r.l. via the contact channels set out in this policy.

– The right to restrict processing, so you can limit the use of your data, but this only applies in certain circumstances.

If you wish to exercise any of the above rights, please contact us using the contact details above or email victor.r@rollmancapital.com

 

Our website is not intended for children nor is any communication and we do not knowingly collect data relating to children.

If you are dissatisfied with our advice, you have the right to lodge a complaint with the National Commission for Data Protection Grand-Duchy of Luxembourg: 1 Avenue due Rock’n’Roll, L-4361 Esch-sur-Alzette

SFDR

Sustainable Finance Disclosure Regulation (SFDR)

Since 10th March 2021, the European Regulation on Sustainability Disclosures in the Financial Services Sector 2019/2088, also known as the Sustainable Finance Disclosure Regulation (SFDR), has been applicable. The aim of this European regulation is to make customers more aware of the sustainable impact that certain financial products have so that they can make an informed and sustainable choice. In this document you will find information prepared by Rollman Capital S.à.r.l. (“Rollman Capital”), registered under Chamber of Commerce number B271040, on the sustainability of the Rollman Capital Fund (the “Fund” or the “Funds”).

 

This document was last updated on 29th November 2021.

 

Below explains how Rollman Capital implements the SFDR, following the article numbers from the Regulation.

 

For the avoidance of doubt, the Fund is not promoting environmental or social characteristics within the meaning of article 8 of SFDR nor has sustainable investment as its objective within the meaning of article 9 of SFDR. For the purposes of Article 6 of the EU Taxonomy Regulation, Rollman Capital S.à.r.l. confirms that the investments underlying this financial product (i.e. the Partnership) do not take into account the EU criteria for environmentally sustainable economic activities. Rollman Capital S.à.r.l. does not, and does not intend to, consider adverse impacts of investment decisions on sustainability factors, as per Article 4 1.b) of SFDR. The Fund is therefore not suitable for investors who want to invest in a fund that focuses on sustainability. When investing in cryptocurrencies, sustainability aspects are not taken into account in investment decisions. Given the nature of the activities of the Fund, an assessment of sustainability aspects is complex and it is impossible to include sustainability aspects in the investment decisions of the Fund.

 

 

Crypto

The investments of the Fund include cryptocurrencies. The cryptocurrency portfolio consists of a mix of investments in cryptocurrencies, initial offerings, blockchain technology and smart contract technology. These are not products focused on sustainability and in addition, the sustainability aspects of such products are difficult to assess (such as the impact and energy consumption related to mining cryptocurrencies).

 

 

Shares

When the Fund invests in shares, no account is taken of sustainability aspects. Because, among other things, use is made of trading in shares with the aid of algorithms and bots, no influence can be exercised on the sustainability of the investment. It is therefore possible that Rollman Capital S.à.r.l. directly or indirectly invests in shares related to unsustainable industries such as coal.

 

 

Sustainability of the Rollman Capital Funds

Rollman Capital S.à.r.l. aims to follow market standards with respect to sustainability. However, given the nature and activities of the Fund, as above, sustainability aspects are not included in the investment decisions of Rollman Capital S.à.r.l. At the moment there are no concrete plans to include these sustainability aspects in the near future. This could change as soon as the impact and sustainability aspects can be better assessed.

 

Article 3, 5 and 6 SFDR – Integration of sustainability risks, sustainability risk policies and remuneration policies for the integration of sustainability risks

 

Article 6 of the SFDR requires managers to indicate how sustainability risks are taken into account in the investment process. A sustainability risk is an environmental, social or governmental (ESG) change, which may negatively affect the value of an investment. These risks are divided into physical risks, transition risks and reputation risks. Examples of these three categories could be a natural disaster (a physical risk), the Luxembourg nitrogen decree (transition risk: investors in PAS projects run a financial risk) or a company promising not to invest in palm oil, but ultimately doing so anyway (reputational risk).

 

 

Sustainability risks

Rollman Capital S.à.r.l. does not integrate sustainability risks into the investment decisions of its funds. Sustainability risks are considered relevant but are not a determining factor in the search for and selection of new investment opportunities.

 

Rollman Capital Premium Fund SLP– Invite Only.

Making indirect and automated investments, among other things, makes it complex, if not impossible, for Rollman Capital S.à.r.l. to take sustainability risks into account.

Rollman Capital Premium Fund SLP (AIFM number:“under process”) & Rollman Capital Premium Fund SLP – Invite Only.

The making of automated investments and the nature of the activities (crypto investments), make it complex, if not impossible, for Rollman Capital S.à.r.l. to take sustainability risks into account.

 

 

Amendment of the SFDR

As of 10th March, 2021, the SFDR has entered into force. However, the European Commission has announced that the implementation of the technical standards, the Regulatory Technical Standards (RTS), will not enter into force until a later date. As this elaboration of the provisions in the SFDR is not yet final and interpretation of this provision is not yet clear on all fronts, Rollman Capital S.à.r.l. may amend and supplement this paragraph at a later date after the publication of these technical standards.