All information shown on web pages that have an address commencing www.bluewaterpe.com constitute Blue Water Energy’s website (the “Website”).
Use of the Website
The information contained on the Website is provided for personal use and general information and interest purposes only. The information contained on the Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Blue Water Energy to any registration requirement within such jurisdiction. If you access the Website outside the UK, you are responsible, to the extent permitted by local law, for compliance with any local laws relating to access. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Website without the prior written permission of Blue Water Energy. You may not use this Website in any way that is unlawful or fraudulent and you may not misuse our Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You may not use this Website or the information and graphics on this Website in any way that infringes Blue Water Energy’s or any third party’s trade marks or other intellectual property rights.
Nothing contained on the Website constitutes an offer under any applicable law or legislation or an offer to sell or a solicitation or offer to buy any securities, financial instruments or financial services. Nor shall the Website, nor any part of it, form the basis of, or be relied on in connection with, any contract or commitment whatsoever.
Nothing contained on the Website constitutes investment, legal, tax or other advice nor is it to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice and check the accuracy of all relevant information before making any investment decision.
While Blue Water Energy tries to keep the information on the Website accurate and up to date, Blue Water Energy is not responsible for, nor gives any undertaking, representation or warranty as to, the accuracy, usefulness, availability, reliability or completeness of any material, information, news or opinions contained in or provided in connection with the Website. Blue Water Energy makes no warranty or representation that (i) the Website will be uninterrupted, timely, secure or error-free, (ii) the results that may be obtained from the use of the Website will be accurate or reliable, (iii) the Website will meet your requirements, or (iv) any errors in the Website will be corrected. To the fullest extent permitted by applicable law, Blue Water Energy expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to, any implied term of satisfactory quality, fitness for purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to the non-infringement of any intellectual property right.
Limitation of Liability
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUE WATER ENERGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU, WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH (I) ACCESS TO, PERFORMANCE OF, BROWSING IN OR LINKING TO OTHER WEBSITES FROM THE WEBSITE, (II) RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE, (III) ANY ERROR, FAULT, COMPUTER VIRUS, HACKING OR OTHER PHENOMENON AFFECTING DATA OR THE TRANSMISSION OF DATA ON THE WEBSITE, OR (IV) USE OF THE WEBSITE IN ANY WAY, WHETHER OR NOT (IN EACH CASE) BLUE WATER ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT BLUE WATER ENERGY’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE.
Changes to the Website
Blue Water Energy shall have no responsibility for monitoring or updating the Website, and reserve the right in their absolute discretion to amend, alter, redesign, change, add to or remove material from the Website or anything contained on it, at any time without notice or liability.
Blue Water Energy and/or any of its members, directors, officers and employees may have or have had interests or positions or traded in relevant securities. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided corporate finance or other services to, or serve or have served as directors of, relevant companies. Companies in which investments are made may compete with one another.
Third Party Websites
The Website may include links to websites not controlled by Blue Water Energy and we are not responsible for the availability of, nor any content on, those websites. Blue Water Energy provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. No representation is made as to the regulatory status of any third party that may maintain or be referred to in such a linked website.
The Website is not intended as a method for users to convey information to Blue Water Energy. Do not attempt to submit, upload, post, transmit or otherwise make available to Blue Water Energy (or any third party) any information through the Website.
UK Regulatory Information
Access to the Website in the UK is provided solely by Blue Water Energy LLP. Blue Water Energy LLP is incorporated as a Limited Liability Partnership in England and Wales under the partnership number OC364534. Blue Water Energy LLP has its registered office at 17 Connaught Place, London W2 2ES. Blue Water Energy LLP is authorised and regulated by the Financial Conduct Authority under reference number 565160.
(A) To the extent that any information contained on the Website constitutes a “financial promotion” for the purposes of section 21 of the Financial Services and Markets Act 2000, such information is directed only at persons who (i) have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended, the “Financial Promotion Order”), (ii) are persons falling within Article 49(2)(a) to (d) (“high net worth companies, unincorporated associations etc”) of the Financial Promotion Order, (iii) are outside the United Kingdom, or (iv) are persons to whom an invitation or inducement to engage in investment activity (within the meaning of section 21 of the Financial Services and Markets Act 2000) in connection with the issue or sale of any securities may otherwise lawfully be communicated or caused to be communicated (all such persons together being referred to as “relevant persons”). Such information must not be acted on or relied on by persons who are not relevant persons. Any investment or investment activity to which such information relates is available only to relevant persons and will be engaged in only with relevant persons.
(B) To the extent that the Website contains information about the performance of investments previously made by funds managed or advised by Blue Water Energy, you should be aware that this information has not been audited or verified by an independent party, past performance is not a reliable indicator of future performance and future investments may not achieve the same level of returns as previous investments.
Trade Marks, Copyright, No Licence
“Blue Water Energy” and the logos and trade marks (“Marks”) displayed on the Website are either trade marks or registered trade marks in the UK and/or other countries. Blue Water Energy reserves all rights on its behalf and on behalf of any third party which is authorized to display materials or marks on this Website with respect to copyright and trade mark ownership of all material on this Website. You are not permitted to use these Marks without the prior written consent of Blue Water Energy or such third party as may own the Mark. No licence or right under any patent, trade mark or copyright of Blue Water Energy or any third party is granted herein. Copying or downloading material from this Website does not transfer title to any material on this Website to you.
If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you agree that the other provisions of these Terms and Conditions of Use will remain in full force and effect in so far as possible.
The failure of Blue Water Energy to exercise any right or remedy under these Terms and Conditions of Use shall not constitute a waiver thereof; nor shall any waiver by Blue Water Energy of any breach by you constitute a waiver of any subsequent breach.
Entire Agreement and Applicable Law
Nothing on this Site constitutes, or is intended to constitute, an offer, solicitation, invitation or inducement to buy or sell investments of any description in any jurisdiction or to engage in any other investment activity. Furthermore, nothing on this Site shall constitute financial, investment, tax or any other type of advice or recommendation and should not be relied upon as such. You should not rely on any statements set out in this Site in making an investment or other decision but instead seek your own independent legal, regulatory, investment and tax advice.
Without prejudice to the above, parts of this Site may constitute a financial promotion for the purposes of section 21 of the Financial Services and Markets Act 2000. This Site may be accessed by and is directed only at persons who are (i) persons falling within any of the categories of “investment professionals” as defined in Article 14(1) to (7) of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001, as amended (the “CIS Order”) and Article 19(1) to (6) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “FPO”), who have professional experience in matters relating to participating in unregulated collective investment schemes (defined as non-mainstream pooled investments in COBS 4.12 of the Financial Conduct Authority (“FCA”) Conduct of Business (“COBS”) Handbook); (ii) persons falling within the category of “certified high net worth individuals” as defined in Article 21(1) to (7) of the CIS Order and Article 48(1) to (9) of the FPO; (iii) persons falling within any of the categories of “high-net-worth entities” as defined in of Article 22 (1) to (5) of the CIS Order and Article 49 (1) to (7) of the FPO, (being broadly, companies, unincorporated associations or partnerships with net assets of £5 million sterling or more, companies with more than 20 members with net assets of £500,000 sterling or more and trustees of trusts with assets of £10 million sterling or more, or any person acting in the capacity as director, officer or employee of such an entity where that person’s responsibilities when acting in that capacity involve him in the entity’s participation in unregulated collective investment schemes); (iv) persons falling within the category of “sophisticated investors” as defined in Article 23(1) to (4) of the CIS Order and Article 50(1) to (4) of the FPO; and (v) are categorised as “professional clients” in accordance with the FCA’s COBS Handbook; or (vi) any other person to whom it may otherwise lawfully be communicated (all such persons together being referred to as “Exempt Persons”). Any investment, investment activity or controlled activity to which this site relates is available only to Exempt Persons and will be engaged in only with Exempt Persons. Accordingly, persons who are not Exempt Persons (in particular, persons who would be classified as “retail clients” under the FCA COBS Handbook) must not rely or act on the contents of this Site. THIS SITE AND ANY MARKETING COMMUNICATION CONTAINED HEREIN IS NOT DIRECTED AT MEMBERS OF THE GENERAL PUBLIC OR RETAIL INVESTORS.
In the case of persons outside the United Kingdom, this Site is also only directed at such persons to the extent that it may be lawfully accessed by them without (i) breaching any law or regulation in any other jurisdiction or (ii) imposing any requirement on [BWE] or any other person to be licensed, registered or approved or to comply with any other regulatory requirements in any other jurisdiction. Persons in respect of whom such prohibitions or requirements apply must not access this Site.
[BWE] does not and will not act for you. In particular, [BWE] does not and will not advise you or provide any other investment services to you and will not be responsible for providing you with the protections afforded to its regulatory clients. No employee of, or other person associated with, [BWE] has the authority to represent otherwise.
To the extent applicable, you are responsible for compliance with local laws or regulations relevant when accessing or using the information on this Site from, or in, a jurisdiction other than the UK.
Nothing on this Site excludes or restricts any duty or liability of [BWE] under the Financial Services and Markets Act 2000 (as amended), FCA rules or any relevant (directly effective) European Union Regulation.
This Site is not, and under no circumstances is it to be construed as, a prospectus or an advertisement and the communication of this Site is not, and under no circumstances is it to be construed as, an offer to sell or a solicitation of an offer to purchase an interest in any fund or other investment vehicle. No reliance should be placed upon the contents of this Site by any person who may subsequently decide to apply to acquire interests in any fund or other investment vehicle. Any offering of interests in any fund or other investment vehicle may be subject to the receipt of regulatory approvals in various jurisdictions and any prospective investor who subsequently acquires interests in any fund or other investment vehicle must rely on the final private placement memorandum to be issued in respect of such entity and the final form limited partnership agreement(s) and/or other legal documents constituting such entity (together, the “Fund Documentation”) which alone will form the basis of any subscriptions to a such entity. In the case of any discrepancy between the contents of this Site and any Fund Documentation, Fund Documentation shall prevail.
We will ensure that your personal information is handled in accordance with any legislation applicable from time to time relating to the processing of personal information and/or privacy. By using our Website and by otherwise interacting with us, you acknowledge that we may collect, use and transfer your personal information as set out in this policy. This policy may be amended at any time without notice. If you are not happy with the terms of this policy or any amendments made, you should not access or use our Website and/or our services.
1. Personal Information You Provide To Us
When you engage with us (e.g. sending us emails, contacting us via telephone or visiting or making an enquiry through the Website), you may provide personal information about yourself. Personal information means any information relating to a living individual and from which that individual can be identified. We may collect, store and use different categories of personal information about you including your name and contact details (e.g. your address, email address and telephone number).
Certain personal information may be collected passively through the use of our Website, including your Internet protocol address, browser type, domain names, times, and operating system. We may also use session and persistent cookies and navigational data (such as URLs) to gather information regarding the date and time of your visit and the information and services for which you searched and which you viewed. We do not intentionally gather personal information about visitors who are minors.
Where you apply for a job with us through our Website, we may collect from you and third parties (where relevant) additional personal information such as your CV and any references.
Unless you agree that we can keep such information on file for future opportunities or we need to retain such information for compliance with our legal obligations, in the event that you are unsuccessful, we will only retain this personal information for as long as is reasonably necessary to process your application.
2. Information Received From Other Sources
We may receive information from third parties who collect personal information from you and pass it on to us. For example: (i) where we are conducting due diligence on prospective investee companies or deciding whether to invest in third parties we may also receive personal information concerning key personnel; (ii) our staff may also give us emergency contact information as part of our emergency scenario planning and may give us details of their dependents and of other people in relation to their employee benefits arrangements; (iii) where another individual makes an investment on your behalf, they may provide us with certain personal information to effect the transfer of the investment to you, such as your name and contact details; (iv) your employer may provide your personal information to us in connection with a service they provide to us or in connection with services that we provide to our clients; and (v) we may receive information from past employers and others concerning your employment history where you apply for a job with us. Where this is the case the third party is responsible for informing you that they have shared your personal information with us, directing you to this policy and obtaining any relevant consents from you to ensure you are happy with the ways in which your personal information will be used. However, once we are holding it, we will only handle any person’s personal information in accordance with this policy.
3. Sensitive Personal Information
You may provide us with “sensitive personal information” (i.e. personal information concerning an individual’s (i) racial or ethnic origin, (ii) political opinions, (iii) religious beliefs or other beliefs of a similar nature, (iv) membership of a trade union, (v) physical or mental health or condition, (vi) sexual life or orientation, (vii) commission or alleged commission of any offence or any proceedings for any offence committed or alleged to have been committed by him/her, the disposal of such proceedings or the sentence of any court in such proceedings) from time to time in connection with your application to invest with us, our provision of investment services to you, where you apply for a management role as a director of one of our portfolio companies or otherwise. In such cases, the provision of this information is entirely voluntary and subject to your express consent, however, we may be unable to carry out some activities necessary to process your application, instructions or other requests without the provision of such information. For example, we may be unable to process application forms or similar requests. We will use any sensitive personal information in accordance with the consent you have given and, where necessary, we may also process such information in the establishment, exercise or defence of legal claims.
Where we do receive sensitive personal information, we will only keep such information for as long as strictly necessary in order to comply with our obligations under the law.
4. Use of Information
Some of the personal information is collected and processed so we can perform a contract with you, some for the purpose of legal compliance and some for the purposes of our legitimate business interests (namely to carry out and improve our business, analyse the use of our Website and services and support our staff and clients). In general, any information gathered is used either to respond to inquiries and requests that you make, to enable us to manage and administer investments or proposed investments on an ongoing basis, to aid us in providing better services to you, to improve our Website and services, to comply with our own legal and regulatory obligations, for our internal business processes and, where relevant, to process your application for employment.
Where you have explicitly consented at the time we collected your personal information or where we otherwise have a right to do so, we may also use your personal information to enable us to get in contact with you to let you know about any of our services that may be of interest to you and/or inform you about important changes or developments to our services by email.
Where you or your employer (or any other entity you work for) provides services to us, you and/or they may provide us with some of your personal information in connection with the provision of the services, such as your name, business contact details and other ID information. We will only process such personal information in connection with the provision of the services (such as using your contact details to discuss the services) and in accordance with this policy. In addition, where necessary, we may also share your personal information with our investors or other third parties in order to provide our services (e.g. if you or your business provides investor administration services, we may share your business contact details with our investors so that they can contact you).
If you change your mind about us using your personal information in the ways described in this Policy, please let us know by contacting us at email@example.com. You may also opt out of receiving marketing emails from us by following the instructions outlined in the email.
5. Disclosure of Personal Information
Any personal information provided to Bluewater will be transferred to and stored on Bluewater’s physical servers in the UK and also on cloud based servers within the UK. Backups of our data is held on cloud based servers within the EU. Any personal information provided to a fund will be transferred to and stored in Jersey. We take steps to protect your personal information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
Where it is necessary for the performance of our contract with you or for our internal business processes, we may share your personal information with certain third parties, such as our delegates, professional advisors, service providers, regulatory bodies, auditors, technology providers and any duly authorised agents or related, associated or affiliated companies of the foregoing for the same purposes.
In processing your personal information, it will sometimes be necessary for us to transfer your personal information outside the European Economic Area (“EEA”) to our staff and our third party service providers. It may also be accessed by staff operating outside the EEA who work for us or for one of our suppliers or group companies. This includes people engaged in, among other things, the provision of support services to us. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this policy and relevant data protection legislation when it is processed in, or otherwise accessed from, a location outside the EEA. This means that we will only transfer your personal information outside the EEA including to our group companies / funds if the receiving party (a) is situated in a country that has been confirmed by the European Commission to provide adequate protection to Personal Information, (b) has agreed (by way of written contract incorporating the “model clauses” as approved by the European Commission or by some other form of data transfer mechanism approved by the European Commission) to provide all protections to your personal information as required by applicable data protection legislation or (c) we have your explicit consent to do so (such as where you have requested a service from one of our funds situated outside the EEA). Where any transfer takes place under a written contract, you have the right to request a copy of that contract and may do so by contacting us at firstname.lastname@example.org. For the avoidance of doubt, in the event that the UK is no longer a part of the EEA, references in this paragraph to the EEA shall mean the EEA and the UK.
By submitting your personal information to us, you acknowledge this transfer, storing or processing of your personal information.
Bluewater is committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. Even though Bluewater has taken significant steps to ensure that your personal information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that Bluewater cannot fully eliminate security risks associated with personal information.
If you use our Website, you acknowledge that you will receive cookies from our Website but such cookies will not collect any personal data.
8. Data Storage
9. Your Rights
You have the right to ask us not to process your personal information for marketing or research purposes. If you have given us your express consent, or where we otherwise have the right to do so, we may use your personal information for marketing purposes. If we intend to disclose your personal information to any third party for marketing purposes, we will seek your explicit consent prior to any such transfer. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal information. You can also exercise the right at any time by contacting us at email@example.com.
You are entitled to know some details about the personal information we hold about you and how that information is processed. If you would like to request this, please contact us at firstname.lastname@example.org and we will provide you with the information to which you are entitled.
You can also ask us to: (a) make any changes to ensure that any personal information we hold about you is accurate and up to date; (b) erase or stop processing any personal information we hold about you where there is no longer a legal ground for us to hold it; or (c) in some circumstances, transfer any information we hold about you to a specified third party. If you wish to exercise any of these rights, please contact us at email@example.com.
10. Contact Information
If you have any questions or complaints regarding the use of or your rights regarding your personal information, please contact Bluewater at firstname.lastname@example.org. Should you wish to take any complaints or queries further, you have the right to contact the Information Commissioner’s Office regarding such issues.
Our Website may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their related policies. Please check these policies before you submit any personal information via these websites.
What Are Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies.
The Cookies We Set
- Forms related cookies:When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
Third Party Cookies
- This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.For more information on Google Analytics cookies, see the official Google Analytics page.
- From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.
However if you are still looking for more information then you can contact us through one of our preferred contact methods:
- By visiting this link: www.bluewaterpe.com/contact
Bluewater recognises the importance of providing a website that is accessible to all user groups, including the disabled, the visually impaired and those with motor deficiencies and cognitive disabilities. This statement explains the accessibility features we have implemented to help you use our website. They help to improve navigation for screen readers, keyboard navigation and text-only browsers among other things.
We’ve designed this site with accessibility in mind. Some of the general features include:
- The use of clear, simple language that is easy to understand.
- The use of common web conventions.
- Avoiding the use of blinking or flickering elements.
- The use of validated HTML and Cascading Style Sheets (CSS)
Careful use of text colours, size and background colours can help people with a range of visual impairments. Our site is usable by anyone with colour deficient vision. We’ve checked the site’s font and background colour to ensure there are no combinations against the different colour blindness conditions and ensured that all information is still clear. We’ve designed all pages on our website so that all information that is conveyed with colour is also available without colour. While we’ve used clear, legible font for all text and headings. In the Firefox browser, select View, then Text Size, and then choose increase, or decrease.
Our website does not use pop-up windows unless they are appropriate. Acceptable cases, for example, are when it is important to see the browser window you’ve just navigated from in the background. Clearly labeled tables help readers to understand the content on a page and to fill in content into correct form fields. Although there are a limited number of critical pages on this site which use fram