Terms and Conditions
The terms and conditions of use set forth herein apply to each of the pages of this website (the "Site"). Please read these terms and conditions of use carefully before using this Site.
By using this Site, you signify your agreement with the following terms and conditions of use without limitation or qualification. Discerene Group LP, its subsidiaries and affiliates (collectively referred to herein as "Discerene," or "we") may at any time revise these conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions of use to which you are bound.
Not an Offer of Advisory Services or Securities
This Site is limited to the dissemination of general information about the services provided by Discerene. This Site and the information contained herein do not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities or related financial instruments in any jurisdiction. Responses to any inquiry that may involve the rendering of personalized investment advice or effecting or attempting to effect transactions in securities will not be made absent compliance with applicable laws or regulations (including broker dealer, investment adviser, applicable agent, or representative registration requirements), applicable exemptions, or exclusions therefrom.
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Discerene from its offices within the state of Connecticut, United States of America. Discerene makes no representation that material in or accessible through the Site is appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or material in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Discerene to any registration or other requirement within such jurisdiction or country.
Discerene makes no representation, and it should not be assumed, that past investment performance is an indication of future results. Moreover, wherever there is the potential for profit there is also the possibility of loss. Certain of Discerene’s strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors.
Restrictions on Use of Materials
Except as otherwise permitted by Discerene, no materials from www.discerene.com or any website owned, operated, licensed, or controlled by Discerene may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report, or use the content of this Site for public or commercial purposes, including the text, images, audio, and video, without Discerene’s prior written permission.
Trademarks and Copyrights
This Site and all its content including, all trademarks, service marks, trade names, logos, and icons are proprietary to Discerene. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Discerene or such third party that may own the trademarks
displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.
Inquiries concerning use of Discerene’s trademarks, service marks, trade names, logos, icons, copyrights, or other intellectual property should be addressed to Discerene Group LP, attn. Legal Department, 2777 Summer Street, Suite 301, Stamford, CT 06905.
Images displayed on this Site are either the property of, or used with permission by, Discerene. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Login ID and Passwords
Access to specific areas of this Site may require the usage of a login ID and associated password. If you have a login ID and password, you are responsible for the activities which occur in connection with their usage and as such should take steps to protect them from misuse. If you become aware of any unauthorized use of, loss, or theft of your login ID and password, immediately inform a representative of Discerene.
Links to Other Websites
This Site may contain links to other websites. Discerene does not review or monitor any websites linked from or to the Site and will not be responsible for the content of any such linked website. If you decide to access the linked website, you do so at your own risk. Discerene is not responsible for the information, materials, or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Site and the inclusion of the links does not imply any endorsement, representation, or warranty by Discerene with respect to any such website or the content or services contained through such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of Discerene.
Discerene makes no warranties or representations as to the accuracy of this Site. Under no circumstances shall Discerene or any party involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if a Discerene authorized representative
has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Discerene also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH HEREIN, THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY DISCERENE "AS IS"; WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. DISCERENE MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF DISCERENE. DISCERENE DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
DISCERENE ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL DISCERENE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF DISCERENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DISCERENE UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE, OR ITS CONTENTS SHALL NOT EXCEED ONE THOUSAND DOLLARS
You agree to defend, indemnify, and hold Discerene and its directors, officers, members, partners, principals, employees, agents, and representatives harmless from any and all claims, liabilities, costs, and expenses, including, without limitation, reasonable attorneys; fees, arising in any way from (i) your use of the Site, in whole or in part, or (ii) your breach or violation of law or any provisions contained herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Governing Law and Consent to Jurisdiction
These terms and conditions of use shall be governed by and construed in accordance with the laws of the state of New York applicable to agreements made and to be performed wholly within such state. You agree that any dispute or action at law or inequity arising out of or relating to these terms and conditions of use or your use of the Site shall be commenced only in the state or federal courts located in New York City, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
No waiver by Discerene of any right under or term or provision of these terms and conditions of use will be deemed a waiver of any other right, term, or provision of these terms and conditions of use at that time or a waiver of that or any other right, term, or provision of these terms and conditions of use at any other time.
Integration and Severability
If any provision of these terms and conditions of use is found to be invalid, unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions of use represent and constitute the entire agreement between Discerene and you relating to the subject matter discussed herein.
These terms and conditions of use are effective until terminated by Discerene, provided that you may terminate the terms and conditions of use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise. Such termination by you will not be
effective if Discerene, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein. Upon termination of these terms you must destroy all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.
Collection of Personal Information
We collect, and have collected over the last twelve (12) months, the following information from the following categories of individuals.
Depending on how you choose to use the Site, we may need you to provide the following information:
to contact us - name, address, e-mail address, telephone number, and other contact details along with any other information you choose to provide;
to login to our client/investor portal - username and password (if applicable); and
to subscribe to certain communications - email address and country of residence (if you choose to subscribe, you will have the option to opt out of receiving such marketing communications at any time by contacting us or unsubscribing via a link in the particular communication).
For information on technology and cookies used on the Site, see the section entitled “Use of Technology and Cookies” below.
Office Visitors and Callers
When you visit Discerene offices or telephone certain Discerene employees, we may collect certain personal information such as:
name, organization, and other contact details;
video images of you in certain areas of the buildings in which our offices are located from CCTV footage;
date and time of your visit to Discerene offices; and
voiceprints and telephone numbers
Third-Party Service Providers, Vendors, and Suppliers
In the process of engaging third-party service providers, vendors, and suppliers, Discerene may collect certain personal information about them and/or about their individual representatives and associates including:
name, job title, telephone number, email address, and other contact details;
the name of the third-party service provider, vendor, or supplier with whom you are associated and its address; and
information required to process payments, such as a tax ID number and wire instruction details.
We may also collect personal information about you from companies who maintain anti-money laundering and terrorism sanction screening and know your customer databases.
Recruitment (if applicable)
When you submit a job application through our Site or a third-party website for an open job position, we will process your personal information for purposes of recruitment.
Business Contacts, Prospective Clients, and Investors (if applicable)
Discerene may collect personal information about individuals or representatives of organizations with whom Discerene has a business relationship (or with whom Discerene seeks to establish a business relationship), as well as prospective clients and investors. Such information may include:
name, address, telephone number, email address, and other contact details;
organization name and address, job title; and
investor type, strategy, product, and communication preferences (if you choose to receive marketing communications, you will have the option to opt out of receiving such communications at any time by contacting us or unsubscribing via a link in the particular communication).
Use of Personal Information
Your personal information will be processed: (i) in order to comply with our legal and regulatory obligations; (ii) because we need the information for reasons of substantial public interests; (iii) in order to comply with our obligations under contract; and/or (iv) because we have a legitimate business interest in processing it, including for the following purposes (as applicable):
to respond to your questions and handle and resolve complaints;
to perform research with respect to the usage of the Site (applicable to Site visitors);
to personalize and enhance your experience on our Site (applicable to Site visitors);
to fill open job positions as part of a recruiting process (if applicable);
to maintain the security of our premises, personnel, assets, systems, and intellectual property, and to manage access to our premises and our disaster recovery procedures (applicable to office visitors);
to pay you for your services (applicable to third-party service providers, vendors, and suppliers);
in order to comply with our obligations in connection with record-keeping requirements and applicable anti-money laundering, anti-corruption and bribery, terrorism financing rules, sanctions, and the prevention and detection of crime or other applicable laws or regulations of jurisdictions in which Discerene conducts business (applicable to office callers, third-party service providers, vendors, and suppliers);
to maintain and provide appropriate management of our relationship with you;
to exchange mail correspondence or documentation which may involve providing your contact details to couriers and service providers in charge of the delivery service;
to engage your services in the future (applicable to third-party service providers, vendors, suppliers, and business contacts);
to contact you to set up meetings and/or phone calls between you and your Discerene business contact(s); and
to process your subscription requests and to send marketing communications about Discerene to you (if you choose to subscribe, you will have the option to opt out of receiving such marketing communications at any time by contacting us or unsubscribing via a link in the particular communication) (applicable to Site visitors, business contacts, prospective clients, and investors).
Where required by applicable law, we will obtain your prior consent before sending you direct marketing communications. For information on how we use and process technology and cookies on the Site, see the section entitled “Use of Technology and Cookies” below.
Where Discerene is relying on its legitimate interests as the ground for processing your personal information, we must carry out an assessment to ensure our interests do not override any rights you may have.
Sharing and Transfer of Personal Information
We may share, and have shared over the last twelve (12) months, the personal information we receive about you with the following categories of recipients:
Discerene affiliated entities;
third-party service providers, vendors, contractors, and agents of Discerene as part of normal business operations, including providers:
engaged to assist in know your customer and identity verification and anti-money laundering and terrorism screening (applicable to third-party service providers, vendors, and suppliers);
of accounting, banking, and other data processing services;
of information technology services and platforms/applications;
of courier services or other package delivery services;
of call recording and storage services (applicable to office callers);
third-party outsourcing providers;
building security personnel (applicable to office visitors);
third parties acting on your behalf such as consultants and other agents;
governmental authorities and/or law enforcement officials where required;
financial institutions to wire payments to you (applicable to third-party service providers, vendors, and suppliers);
advisors who provide audit, financial and legal advice to Discerene; and
other parties to a merger, acquisition, reorganization, funding/investment round or similar transaction or proceeding involving Discerene, or steps in contemplation of such activities.
Discerene may also disclose your personal information to particular parties pursuant to your express consent, to fulfill your instructions, to comply with applicable laws and regulations or to fulfill other applicable requirements.
Personnel employed by service providers generally may have access to your personal information for the purpose of performing duties for Discerene but are prohibited from using such information for other purposes.
We do not, and will not, sell personal information collected about you.
Safeguarding of Personal Information
Discerene maintains established internal policies and procedures, as well as physical and electronic safeguards that comply with applicable standards to safeguard access to personal information in our possession from accidental or unlawful destruction, loss, alteration, unauthorized use, or disclosure. We endeavor to limit access to personal information about you to those employees, agents, and other authorized parties who need to know the information to enable Discerene to provide products or services to you. Please note that such safeguards, however, do not guarantee that personal information transmitted via the Internet or stored in our systems or is otherwise under Discerene’s care will be absolutely safe from unauthorized use or intrusion from third parties due to the inherent nature of the Internet.
Retention of Personal Information
The rights described in this paragraph are applicable to you only if you reside in a jurisdiction where the provision of such rights is required by the data protection, privacy laws, and regulations of the governing regulatory authority. As such, where required by applicable law or regulation, you may ask Discerene for a copy of your personal information, to correct it, to erase it or to transfer it to other organizations. You may also have rights to object to some processing and, where we have asked for your consent to process your personal information, to withdraw this consent. In particular, you have rights to object to direct marketing at any time.
You should also be aware that these rights may be limited (for example, access to personal information may be denied if making the information available would reveal personal information about another person or if we are legally prevented from disclosing such information). In addition, Discerene may be able to retain data even if you withdraw your consent, where we can demonstrate that we have a legal requirement to process your personal information. Where we must collect and process personal information in order to comply with applicable law or enter into and perform services under an agreement with you, if you do not provide the personal information we may not be able to enter into the agreement or provide services as contemplated by any agreement we have in place. Where we are not able to fulfill a request you make because your rights are limited, we will inform you of the reasons as to why when responding.
Should you have any questions or requests in relation to your rights, please contact us with this inquiry form. We will attempt to deal with all requests at the earliest opportunity. In addition, if you have unresolved concerns you have the right to complain, where permitted, to competent data protection authorities.
Where applicable, if you are a California resident you may have the following rights under the California Consumer Privacy Act of 2018 (the “CCPA”) in relation to “personal information” we have collected about you as defined in the CCPA; these rights are, to the extent required by the CCPA and subject to verification and any applicable exceptions:
Right to Know/Access: You have the right to request that we disclose certain information to you about our collection and use of certain personal information about you as described below:
the specific pieces of personal information collected;
the categories of personal information collected;
the categories of sources from whom the personal information is collected;
the purpose for collecting the personal information; and
the categories of third parties with whom we have shared the personal information.
Right to Delete: You have the right to request that we delete your personal information. To do so, please submit a request to us by using this webform.
Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising any of the rights above. We will need to verify your identity prior to addressing your request.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to personal information collected about you. To designate an authorized agent, the authorized agent must provide sufficient information that allows us to reasonably verify that they have been authorized by you to act on their behalf.
Use of Technology and Cookies
We may use third-party web analytics services on our Site. These service providers help us analyze how visitors use the Site. The information obtained for this purpose (including your IP address and other information collected by automated means) may be disclosed to or collected directly by these service providers.
The providers of third-party plugins and widgets on our Site, such as embedded videos and social media sharing tools, may use automated means to collect information regarding your use of the Site and your interactions with the plugins and widgets. This information is subject to the privacy policies or notices of the providers of the plugins and widgets.
We use the following types of cookies on our Site (note that some cookies may fall into multiple categories):
1. Test Cookies: These cookies are simply to test whether or not your browser supports cookies. It stores a simple “True” or “False” value. If True, then the below cookies are applied.
2. Tracking Cookies: These cookies are used to track anonymous user movement throughout the site for statistical purposes. For example, it may track the duration of a user’s visit to a certain page or for example, to allow Discerene to determine the number of users that visited a given page of the Site, or that read a certain press release.
3. Required Cookies: These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for, such as remembering your login details, cannot be provided.
4. Analytics Cookies: These cookies remember choices you make, such as the duration of your session. These can then be used to provide you with an experience more appropriate to your selections, and to make the visits more tailored and pleasant. The information these cookies collect may be anonymized (such as the IP address through which you visit the Site) and they cannot track your browsing activity on other websites. Discerene uses a Google Analytics cookie to collect this information; you have the right to opt-out of having the Google Analytics cookie placed on your browser.
You may also be asked to agree to allow us to use particular analytics cookies while you browse the Site. If you receive our cookie consent banner, you may click “Cookie Consent Tool” to see which cookies we have on our Site and choose whether to accept or opt-out of certain cookies while on the Site. Should you choose not to give your consent for us to use some or all of the analytics cookies on our Site, these cookies will not be placed on your browser while you browse the Site.
You may configure your browser to set preferences regarding cookies such that you can have your computer warn you each time a cookie is sent. Note that you may decline placement of cookies if your internet browser permits, though this may impact your experience of using the Site, and certain portions of the Site may be inaccessible to you if you choose to do so. You may at any time delete any cookies from your hard drive. Aggregated data gathered from cookies is used by Discerene to help maintain and improve the information provided on this Site for users. Discerene may also employ other technical methods to track and analyze the traffic patterns on the Site, such as the frequency with which users visit various parts of the Site. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We take seriously the protection of your personal information and have contracts in place with these authorized third parties to protect your personal information. We may also use these technical methods in HTML e-mails that we send Site users to determine whether such users have opened those e-mails and/or clicked on links in those e-mails. Discerene may collect the information from use of these technical methods in a form that is personally identifiable.
You can manage cookies using various means:
1. Browser Setting: Your browser likely supports a variety of settings to control the cookies that are set on your computer or device and to delete cookies. These settings are typically found under the “Tools”, “Settings”, or “Options” menus. You can also check the “Help” menu of your browser to learn how to change the cookie preferences through your browser settings. Note that you will need to manage the settings for each browser and device you use. Further information from several popular browsers can be found at the following sites:
2. Online Tools: Some third parties allow you to manage cookies through online tools such as Network Advertising Initiative, Digital Advertising Alliance, Your Online Choices, Adobe Flash, and the Interactive Advertising Bureau (IAB) Europe. In order to opt out of Adobe and Google Analytics cookies across our Site, visit Adobe Analytics, Google Analytics, and Yandex Metrica. If you choose to do so, you will not necessarily see fewer ads. However, the ads you see may be less relevant to your interests.
Our reference to any third party or their software, products, and/or services is not an endorsement by us of such third party, software, products, and/or services and we disclaim any liability for the use or operation of any third-party software, products, and/or services.
Do Not Track
We do not track visitors of the Site over time and across third-party websites to provide targeted advertising and therefore the Site does not respond to Do Not Track (“DNT”) signals. However, some third-party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. You should consult the help pages of your browser to learn how to set your preferences so that websites do not track you.
Links to Third-Party Websites
The Site may contain links to third-party websites which, in some cases, may be integrated into and appear to be part of the Site. Discerene encourages you to read the privacy policies of other websites you link to from this Site and disclaims any responsibility for the privacy policies and procedures of any third-party websites that you reach via a hyperlink contained on this Site. Such hyperlinks are provided for your convenience only, and you access them at your own risk.
Children’s Online Privacy Protection Rule (“COPPA”)
The Site is not intended for or targeted towards, and we do not knowingly collect personal information via the Site from, children under 13 years of age. If we learn we have collected or received personal information via the Site about a child under 13, we will delete that information.
Discerene Group LP
2777 Summer Street, Suite 301
Stamford, CT 06905