| Website Terms and Conditions of Use |
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| About Marshall Wace |
| This website (http://tops.mwam.com) is a website operated by Marshall Wace LLP (“Marshall Wace”). The information on the website is communicated by Marshall Wace both inside and outside the United Kingdom. |
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| Marshall Wace is registered in England and Wales with registration number OC302228 and has its registered office at 131 Sloane Street, London, SW1X 9AT, United Kingdom. Telephone +44 (0)20 7316 2280. Fax +44 (0)20 7316 2281. Marshall Wace is authorised and regulated by the Financial Conduct Authority (“FCA”) and is entered on the FCA register (Register Number 228531). |
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| Your use of this website |
| These terms and conditions set out the terms on which you may make use of this website and apply to every page of this website, whether or not these terms and conditions appear on each individual page. Please read these terms and conditions carefully before you start to use this website. By using this website, you have indicated that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using this website. |
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| You must NOT use this website (or permit or procure others to use it) as follows: |
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| (A) for any unlawful, improper or illegal purpose or activity; |
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| (B) to violate Marshall Wace’s or any third party's copyright, trademark, proprietary or other intellectual property rights; |
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| (C) to damage Marshall Wace’s name or reputation or that of Marshall Wace’s affiliated companies or any third parties; |
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| (D) to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason; |
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| (E) to penetrate Marshall Wace’s security measures or other entities' systems ("hacking"); |
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| (F) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this website is free from such items; and/or |
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| (G) to transmit confidential or proprietary information, except solely at your own risk. |
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| When using this website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. By submitting information to this website, you warrant and represent that such submission is in compliance with all applicable laws and regulations, including but not limited, where applicable, to the U.S. federal securities laws and the rules and regulations promulgated under those laws and any applicable rule of a national securities exchange, the NASD or a similar organisation. |
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| Username and Password |
| You have been provided with a username and password to access this website. You must treat this information as confidential and you must not disclose it to any third party or allow any third party to access this website using your username or password. You agree to notify Marshall Wace immediately if you suspect unauthorised use of this website or of your username or password. |
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| Termination and Suspension of Access to this website |
| Marshall Wace reserves the right to deny you access to this website, or immediately to suspend or terminate your access to this website, or to disable any username or password (whether chosen by you or allocated by Marshall Wace) at any time if your use of this website (in Marshall Wace’s sole discretion) in any manner breaches these terms and conditions. |
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Privacy Policy
Marshall Wace LLP, Marshall Wace North America LP and Marshall Wace Asia Limited (together “we”, “us”, “our” or “Marshall Wace”) is committed to respecting your privacy.
Addresses:
Marshall Wace LLP: 131 Sloane Street, London, SW1X 9AT.
Marshall Wace North America LP: 350 Park Avenue, 18th Floor, New York, NY 10022-6022.
Marshall Wace Asia Limited: 23/F, LHT Tower, 31 Queen’s Road Central, Hong Kong.
About this privacy notice
For the purposes of data protection law, we are a data controller in respect of your personal data. Marshall Wace is responsible for ensuring that it uses any personal data provided by you in compliance with data protection law.
This privacy notice applies if you are an existing client or a prospective client. This privacy notice sets out the basis on which any personal data that you provide to us, that we create, or that we obtain about you from other sources, will be processed by us. Please take the time to read and understand this privacy notice.
Personal data that we collect about you
We will collect and process the following personal data about you:
- Information that you provide to us or one of our affiliates. This includes information about you that you give us by filling in forms or by communicating with us, whether face-to-face, by phone, e-mail or otherwise. This information may include:
- Your name, address, email address, telephone number, any financial information and other information provided by you in connection with: (i) any due diligence, (ii) a prospective investment in any funds managed by us, (iii) completing any forms or other materials sent by or on behalf of us to you in relation to any prospective investment or investment made, (iv) any ongoing communications with us regarding any prospective investment or investment made, or (v) any related matters.
- Information we collect or generate about you. This includes:
- Information in any client relationship management notes, any telephone conversations (whether recorded or not), meetings, information you provide to us in the completion of any documentation, the use of our website, by email or at any conferences, meetings or other events.
- Information we obtain from other sources.
- information received from any distributor, placement agent, custodian, fund of funds or management or other company acting on your behalf.
Uses of your personal data
Your personal data may be stored and processed by Marshall Wace in the following ways and for the following purposes:
- Sending you information in relation to the funds we act as investment manager for, facilitating an assessment of your eligibility to invest, processing any subscription, redemption, withdrawal, exchange or transfer request, communicating with any third parties you may ask us to communicate with.
We are entitled to use your personal data in these ways:
- In order to perform the obligations set out in any subscription, redemption or withdrawal, exchange or transfer request (a contract between you as the data subject and the fund we act as investment manager for as data controller);
- The use of your personal data as described is necessary for our legitimate business interests (or the legitimate interests of one or more of our affiliates), such as maintenance of client records and communicating with clients in relation to funds we act as investment manager for that clients or prospective clients have expressed an interest in; and
- In order for us to comply with our legal and regulatory obligations, or in order to establish, exercise or defend our legal rights or for the purpose of any legal proceedings.
Disclosure of your information to third parties
- We may disclose your personal data to our affiliates in order for us to discharge our obligations as investment manager for the funds, and/or in order for us to communicate effectively between related parts of our business.
We will take steps to ensure that personal data is accessed only by staff that have a need to do so for the purposes described in this notice.
We may also share your personal data outside of Marshall Wace and our affiliates:
- To the board of the funds we act as investment manager for, any regulators applicable to our business or to the funds, the administrator and/or custodian of the relevant fund, and any third parties you ask us to communicate with;
- To third party agents or contractors (for example, the providers of our electronic data storage services) for the purpose of providing services to us. These third parties will be subject to confidentiality requirements and they will only use your personal data as described in this privacy notice; and
- To the extent required by law, for example if we are under a duty to disclose your personal data in order to comply with any legal obligation, establish, exercise or defend our legal rights.
Transfers of personal data outside the European Economic Area
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 of the EEA who work for our affiliates or for one of our third party agents or contractors.
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. This can be done in a number of ways, for example:
- the country that we send the data to might be approved by the European Commission;
- the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal data; or
- where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme.
In other circumstances, the law may permit us to otherwise transfer your personal data outside the EEA. However, in all cases, we will ensure that any transfer of your personal data is compliant with data protection law.
You can obtain more details of the protection given to your personal data when it is transferred outside the EEA by contacting us in accordance with the “Contacting us” section below.
Retention of personal data
How long we hold your personal data for will vary. The retention period will be determined by various criteria including:
- the purpose for which we are using it – we will need to keep the data for as long as is necessary for that purpose; and
- legal obligations – laws or regulation may set a minimum period for which we have to keep your personal data.
Your rights
You have a number of legal rights in relation to the personal data that we hold about you. These rights include:
- the right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you;
- the right to withdraw your consent to our processing of your personal data at any time. However, please note that we may still be entitled to process your personal data if we have another legitimate reason (other than consent) for doing so;
- in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to us;
- the right to request that we rectify your personal data if it is inaccurate or incomplete;
- the right to request that we erase your personal data in certain circumstances. However, please note that there may be circumstances in which you ask us to erase your personal data but we are legally entitled to retain it;
- the right to object to, and the right to request that we restrict our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled to either continue processing your personal data and / or to refuse that request; and
- the right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by us.
You can exercise your rights by contacting us using the details set out in the “Contacting us” section below.
You can find out more information about your rights by contacting the Information Commissioner’s Office, or by searching their website at https://ico.org.uk/.
Contacting us
If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please send your query to your usual Marshall Wace contact.
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| Intellectual Property Rights |
| The entire contents of this website are subject to copyright with all rights reserved. The copyright, trademarks and all similar rights of this website and the contents, including all information, graphics, code, text and design, are owned by Marshall Wace LLP (or its licensors). |
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| You may download or print individual sections of the site for your personal use and information only provided that you ensure that all copyright notices and other proprietary notices are displayed on such downloaded or printed sections. 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 site without the prior written permission of Marshall Wace. |
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| Nothing on this website should be construed as granting any licence or right in relation to any of our trademarks or those of our affiliated companies or any third party. |
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| Linked websites |
| Where a link to a non-Marshall Wace website exists, to the extent permitted by the Financial Conduct Authority Rules, Marshall Wace does not accept responsibility for the content of such site nor the products, services or other items offered through that site. |
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| Use of Cookies |
| Marshall Wace may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer, for the purposes of systems administration and statistical analysis. Cookies contain information that is transferred to your computer's hard drive and help Marshall Wace to improve this website and to deliver a better and more personalised service to you, including by storing information about your preferences and to recognise you when you return to this website. |
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| You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of this website. Unless you have adjusted your browser setting so that it will refuse cookies, Marshall Wace’s system will issue cookies when you log on to this website. |
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| No Warranty |
| This website, including information and materials contained in this website, text, graphics, software, links and other items are provided “as is,” “as available”. Marshall Wace does not warrant the accuracy, adequacy, completeness, timeliness or availability of the information and data contained in this website, and expressly disclaims liability for errors or omissions in this website. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, implied, express or statutory, in conjunction with this website. |
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| Limitation of Liability |
| To the extent permitted by applicable laws and regulations, in no event will Marshall Wace be liable for any damages, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or use or misuse thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Marshall Wace, or representatives thereof, are advised of the possibility of such damages, losses or expenses. |
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| Indemnity |
| As a condition of your use of this website, you agree to indemnify and hold harmless Marshall Wace and its affiliates, and the partners and employees of Marshall Wace and its affiliates from and against any and all liabilities, claims, damages, losses or expenses, including legal fees and expenses, (together, "Losses") arising out of your access to or use of this website, save to the extent that Marshall Wace may not exclude or limit its own liability for such Losses pursuant to applicable laws or regulations. |
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| Notice to US users of this website |
| Procedure for making claims of copyright infringement relating to the activities of the service providers |
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| Pursuant to Section 512(c)(2) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, Marshall Wace designates the following agent to receive notifications of claimed infringement: Courtney Lewis, 350 Park Avenue, 18th Floor, New York, NY 10022-6022, United States 06807-2717; fax: (212) 235-2899; c.lewis@mwam.com |
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| Law and Variation |
| This website is established in England by Marshall Wace in accordance with and shall be governed by, and your browsing in and use of this website shall be deemed acceptance of, the laws of England and Wales. A condition of using this website is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. |
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| Marshall Wace may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes Marshall Wace makes, as they are binding on you. |
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| Each time you use this website, a condition of use is that you comply with the above terms. |
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| © Copyright 2019, Marshall Wace LLP & Marshall Wace North America L.P. All rights reserved |
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