LEGAL AND REGULATORY DISCLOSURES
If not stated otherwise, Yana Investment Partners (“Yana”, “we” or “us”) refers to Co-Investment Partners Ltd., trading as Yana Investment Partners, and to its wholly-owned subsidiary Yana Investment Partners GmbH:
- Co-Investment Partners Ltd. (“CIP”), trading as Yana Investment Partners, has its registered address at 35 New Broad Street, London EC2M 1NH, United Kingdom, with company number 10238041 and is authorised and regulated by the United Kingdom Financial Conduct Authority (“FCA”) (FRN: 781686).
- Yana Investment Partners GmbH has its registered address at Unterer Stadtplatz 11, Top 3.4, 6330 Kufstein, Austria, with registration number FN 555620 p and is authorised and regulated by the Austrian Financial Market Authority (“Finanzmarktaufsicht” – “FMA”).
The information contained on this Website has been prepared by CIP on behalf of Yana Investment Partners and is for informational purposes only. It should not be regarded as an offer, invitation, inducement or general solicitation to buy or sell any investments or securities, engage in investment activity or advisory services, to engage in any transaction or to otherwise do business with Yana and should not be relied upon for any reason whatsoever. The Website is believed by Yana to be accurate and correct but Yana does not accept responsibility for any such information and accordingly Yana accepts no responsibility to any person for the accuracy of the information contained on the Website or for the consequences of any person placing reliance on the content of the Website for any purpose. .Any reference to any product or service which has been or may be provided by Yana or any other company mentioned on the Website does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Access to the content of this Website may be subject to statutory, regulatory or other restrictions in certain jurisdictions. It is the responsibility of the viewer of the Website to ensure that their access of the Website does not breach any such restrictions. The content of the Website is not directed at, nor should it be viewed by, any person who would be in breach of any such restrictions as a result of their access of the Website. Please read the terms below carefully before using this Website. By using or visiting this Website you accept and agree to the terms of this legal notice. If you do not accept these terms, do not use this Website.
Yana may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice because it is binding on you.
Yana shall not be liable if for any reason this Website is unavailable at any time or for any period. Yana reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website including, but not limited to, the content available through the Website and your access to it.
You must not use the Website for any unlawful or fraudulent purposes. You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not interfere with, damage or disrupt the Website or any part of it, any equipment or network on which the Website is stored or any software used in connection with the provision of the Website. You must not attack the Website via a denial-of-service attack.
While Yana takes reasonable care to minimise the risk of viruses and technological harmful material existing on our Website, use of this Website is made at your own risk. Accordingly, Yana will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on the Website, or on any Website linked to it.
Without prejudice to its other rights or remedies, Yana reserves the right to take legal proceedings against you for reimbursement of all costs and losses (on an indemnity basis) resulting from your breach of the obligations in this “Acceptable Use” section, and to disclose such information to law enforcement agencies as Yana reasonably believes is necessary.
Accuracy of Information
Although Yana endeavours to ensure that the information contained within this Website is accurate at the time of publication, no representation or warranty is made as to its accuracy or completeness, or fitness for any purpose. Statements contained on this Website are based on expectations, estimates, projections, opinions, and/or beliefs of Yana as of the date of such information or as of the specific date(s) noted therein (as applicable). The Website may contain typographical errors or other inaccuracies, or information that is out of date. None of Yana or its affiliates, members, partners, stockholders, managers, directors, officers, employees, or agents is under any obligation to update such material. The information and opinions contained in this Website are provided by the Yana for personal use and informational purposes only. You are solely liable for any use you may make of this information. The information is inherently subject to change without notice and may become outdated. You, therefore, should verify any information obtained from this Website before you use it.
The material on this Website is provided “as is”, without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, Yana provides you with this Website on the basis that Yana excludes all representations, express or implied warranties, conditions, and other terms which but for this legal notice might have effect in relation to this Website.
This Website and the information contained on it does not constitute or form any part of any offer or invitation to purchase, sell or subscribe for, or any solicitation of any such offer to purchase, sell or subscribe for, any securities or interests, nor shall this Website, or any part of it, form the basis of, or be relied upon in connection with, any contract therefore.
The information contained on this Website has not been audited or verified independently. Although it is subject to change at any time, without notice, Yana is under no obligation to update or keep current the information contained on this Website. None of Yana or any of its respective affiliates, advisers, directors, employees, shareholders or representatives (each a “Yana Party”) accepts any liability whatsoever for any loss whatsoever arising from any use of or reliance on the information on this Website, nor makes any representation or warranty, express or implied, as to the fairness, accuracy, completeness, correctness, condition, quality, suitability, fitness for purpose or freedom from viruses of the information or opinions contained herein. Some of the information contained on this Website may be based on or obtained or derived from data published or prepared by other parties (“Third Party Information”). No Yana Party assumes any responsibility for the accuracy of any Third Party Information. None of the foregoing shall be taken to exclude liability for fraud or for negligence causing death or personal injury.
The information contained on this Website is for informational purposes only and it is not, and must not be treated as investment, legal, tax, financial or other advice, or investment research, or a recommendation of any product, service, or type of investment. No person should take (or refrain from taking) any investment decision on the basis of the information contained on this Website. Before making any investment decision, you must seek independent financial, investment, legal, tax, accounting, and/or other professional advice as appropriate. In making an investment decision, any person must rely on their own examination of an investment and the terms of any offering and make an independent determination as to whether the interests under consideration satisfy their investment objectives and level of risk tolerance. Any mention of historical or past performance on this Website cannot be relied on as a guide to future performance.
Yana and its employees and affiliates shall not be liable for any direct or indirect loss of revenue, profit, business, data, goodwill, or anticipated savings, or for any indirect, special or consequential loss or damages, suffered as a result of reliance on any information or omission on, or the use of, this Website, or for the risks inherent in financial markets.
To the maximum extent permitted by applicable law and regulatory requirements, Yana specifically disclaims liability for any errors, inaccuracies, and omissions on the Website and for any loss or damage resulting from its use, whether caused by negligence or otherwise. You agree to assume responsibility for determining whether any legal or regulatory considerations limit access to or use of information, services or products described on the Website and for the use of any information on the Website.
Nothing in this legal notice shall exclude or limit Yana’s liability for a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or b) fraud or fraudulent misrepresentation; or c) any liability which cannot be excluded or limited under applicable law.
The Website may contain or be linked to websites, advice or statements of third parties and such links are for convenience and informational purposes only. Yana is not responsible for the content of any linked websites and, therefore, makes no representation as to the accuracy or timeliness of such information, and has not reviewed and will not review such information. Any use of such information is made at your own risk. The inclusion of a link to a third-party website does not constitute an endorsement of that third party’s website or an endorsement of any products or services that may be advertised on that third party’s website. Yana does not guarantee that any linked websites on this Website will be free from infection, viruses or worms, or other code which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking. You should be aware that the Internet, being an open network, is not secure. Yana does not take responsibility for the contents of such other websites and any use of such websites is made at your own risk.
Marketing communication (“Marketingmitteilungen”)
As far as this website contains content and messages that are marketing-related or support Yana in its marketing interests, please note that these are marketing communications (“Marketingmitteilungen”) according to the MiFID regime.
Yana is the owner or licensee of all intellectual property rights on this Website and in the material published on it. All such rights are reserved. All trademarks, company names, logos, and copyrights used on the Website are the property of their respective holders. No permission is given by Yana in respect of the use of any such trademarks, company names, logos, or copyrights and such use may constitute an infringement of the holder’s rights.
Unless otherwise specified, this Website is for your personal and non-commercial use only and you may print, copy and download any information or portion of this Website for such use only. You must not modify in any way the paper or digital copies of any materials you have printed off or downloaded, and you must not use any diagrams, photographs, streamed or recorded video or audio, or any graphics separately from any accompanying text or relevant contextual information. The status of Yana (and of any other persons so identified) as the authors or contributors of content on this Website must always be acknowledged.
The Terms of this Legal Notice shall be governed by and construed in accordance with English law.
Yana Investment Partners is committed to protecting and respecting your privacy. This webpage sets out when and how we use your personal information that you or others provide to us, including through this Website (the “Website”). Your privacy is of the utmost importance to us. We want to make sure you fully understand the terms and conditions surrounding the capture and use of that information. This Privacy Notice describes what information we collect about you, how we use it, and the rights you have in relation to that collection and usage.
By “Personal Information” we refer to data held by Yana, collected through this Website or otherwise, that identifies and relates to you as an individual. Whenever you provide Personal Information, we are legally obliged to use it in accordance with the laws concerning the protection of Personal Information.
For the purposes of the General Data Protection Regulations and any other applicable data protection and privacy laws and regulations in the UK and the EU (“Data Protection Legislation”), Yana Investment Partners (through its entities Co-Investment Partners Ltd. and Yana Investment Partners GmbH) will be the “data controller” of Personal Information collected by us.
Information we may collect
We may collect Personal Information about you in the following circumstances to enable us to provide you with the investment services we offer.
Prior to or during your engagement with Yana, we may collect Personal Information including:
- Your name
- Email address
- Telephone numbers (including mobile)
- Information regarding the investment services you request
- Information regarding your asset allocation, investment strategy and needs
- Supplementary information you provide us about yourself when contacting us
In the context of a contractual relationship we may also collect:
- Date of Birth
- Residential address
- Financial information (this may include your financial history, national insurance and tax numbers)
- Bank Details
- Information collected from a personal utility bill and a passport
We collect the above information to allow us to operate our services effectively and to service the requests you make to Yana. Some of the information listed above is required to enable us to fulfil our due diligence obligations required under law.
We may also collect technical information about you when you visit the Website. This information may include:
- The Internet protocol (IP) address used to connect your computer to the Internet
- Your browser type and version
- Time zone setting, operating system and platform
- Browser plug-in types and version
- The full URL clickstream to, through and from the Website
- Page response times, download errors, length of visits to certain pages, page interaction (such as scrolling, clicks and mouse-overs)
- Methods used to browse away from the page
The collected information is used to provide an overview of how people are accessing and using the Website.
We may also receive details about you from third parties who have provided us with your information on appropriate legal grounds for sharing. We will always inform you of how we received your information when we contact you.
If you fail to provide us with Personal Information: You always reserve the right to withhold your Personal Information, but this may affect how we provide our services to you.
Where we need to collect personal data by law, or under the terms of an agreement we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel the contract you have with us, but we will notify you if this is the case at the time.
Use of Personal Information
We will only ever use your Personal Information when allowed to by law and always under a documented lawful basis for processing.
We will use Personal Information provided to us for a number of purposes including:
- To initiate and process the investment services you request
- To ensure our records are complete and accurate
- To provide the specific services agreed with you
- To give you information that you request from us and to improve our services
- To notify you about changes to our services
- To allow us to operate the Website efficiently
- Any relevant troubleshooting, testing or statistical analysis as appropriate
- To keep the Website secure
Where we have your permission to do so, we may also use the information collected to:
- Provide you with information about the services that we offer via promotional communications
- Keep you up to date with features on the Website
However, you can opt-out of any of these data uses at any time by emailing firstname.lastname@example.org. We will only keep your information for as long as reasonably required or as stated in the contract you have with us.
Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
Security and retention periods
We are committed to protecting the Personal Information you entrust to us. We adopt robust and appropriate technologies and policies, so the information we have about you is protected to the extent possible from unauthorised access and improper use. In addition, we limit access to your Personal Information to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your Personal Information on our instructions and are subject to appropriate duties of confidentiality.
We have put in place procedures to deal with any suspected or actual Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Unfortunately, the transmission of information and data via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of any information or data transmitted to or through our Website.
Yana will only retain your Personal Information for as long as is necessary for the purposes set out in this Privacy Notice or other purposes agreed with you, or notified to you, unless a longer retention period is required by law. We will not keep more information than we need for those purposes.
Transfer of data outside the EU or the UK
We shall not transfer any Personal Information to any country outside of the EU or UK unless we ensure that such Personal Information is subject to an adequate level of protection and appropriate legal safeguards in accordance with Data Protection legislation.
Currently, the cloud-based service provider, the messaging system, and the client database are all UK-hosted database centres.
If you wish to access your Personal Information, we will inform you of the transfers we make (if any) and the legal safeguards we have employed to ensure the ongoing security and protection of your data.
Disclosure to third parties
Your Personal Information will be shared with and processed by our affiliates and certain service providers as necessary to fulfill the purposes set out in this Privacy Notice, including professional advisors, recruitment firms, consultants and data hosting providers. We make sure anyone who provides a service to, or for us, enters into an agreement with us and meets our standards of data security to ensure that they provide sufficient guarantees to protect your Personal Information.
There may also be circumstances where Yana is obliged by law to disclose Personal Information, including to law enforcement agencies and applicable regulators, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator, national security, for the purposes of public importance or any other legal or investigatory process involving us. Should we, or any of our affiliated entities, be the subject of a takeover, divestment or acquisition we may disclose your Personal Information to the prospective or new owner of the relevant business and their advisors on the basis of our legitimate interest.
Your right to object under data protection laws
You have the right to object to us handling your Personal Information when:
- We are handling your Personal Information based on our legitimate interests: If you ask us to stop handling your Personal Information in this way, we will stop unless we can show you that we have compelling grounds as to why our use of your Personal Information should continue. This may be to protect ourselves against any potential legal actions that may arise or to continue conducting our business in a fair and profitable fashion. Our use of legitimate interests will always be balanced against your right to privacy under Data Protection Legislation and we will conduct a data protection impact assessment wherever necessary; or
- We are using your Personal Information for marketing purposes: If you ask us to stop handling your Personal Information on this basis, we will stop
You can exercise the following rights to your data by contacting us at email@example.com. We will only take instructions from you or your legal representative to effect or to alter a policy and we will protect your privacy when you contact us by asking specific and relevant questions to make sure we are speaking to you or your legal representative and not to an unauthorised person.
Right to access:
You are entitled to receive confirmation as to whether your Personal Information is being processed by us, as well as various other information relating to our use of your Personal Information. You also have the right to a copy of the Personal Information which we are handling regarding you.
Right to rectification:
You have the right to require us to rectify any inaccurate Personal Information we hold about you. You also have the right to have incomplete Personal Information we hold about you completed, by providing a supplementary statement to us.
Right to restriction:
You can restrict our processing of your Personal Information where:
- You think we hold inaccurate Personal Information about you
- Our handling of your Personal Information breaks the law, but you do not want us to delete it
- We no longer need to process your Personal Information, but you want us to keep it for legal reasons; or
- We are handling your Personal Information because we have a legitimate interest you and are in the process of objecting to this use of your Personal Information
Where you exercise your right to restrict us from using your Personal Information, we will then only process your Personal Information when you agree, except for storage purposes and to handle legal claims.
Right to data portability:
You have the right to receive the Personal Information we hold about you in a structured, standard machine-readable format and to send this to another organisation controlling your Personal Information.
Right to erasure:
You have the right to require us to erase your Personal Information which we are handling in the following circumstances:
- We no longer need to use your Personal Information for the reasons we told you we collected it for
- Where we needed your consent to use your Personal Information and you have withdrawn your consent
- You object to our use of your Personal Information and we have no compelling reason to carry on handling your Personal Information
- Our handling of your Personal Information has broken the law; or
- We must erase your Personal Information to comply with a law we are subject to
Right to withdraw consent:
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please write to firstname.lastname@example.org. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
Right to complain:
For complaints against Co-Investment Partners Ltd., you have the right to issue a complaint directly with the Information Commissioners Office, the data protection supervisory authority for England and Wales (www.ico.org.uk). For complaints against Yana Investment Partners GmbH, you have the right to issue a complaint directly with the “Österreichische Datenschutzbehörde” (www.dsb.gv.at).
A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is stored in your browser. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.
We use the following categories of cookies:
- Performance cookies: These cookies collect information about how you use our website and are used to improve how our Website works. This may include traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Website in order to tailor it to customer needs. We only use this information for analysis purposes, to help optimise our Website and make it more user-friendly. Performance cookies don’t collect information that personally identifies you, and the only information collected is aggregated and therefore anonymous, and once used the data is removed from the system.
- Functionality cookies: These cookies allow our Website to remember choices you make and provide enhanced, more personal features. For example, your geographic location. We may also remember preferences such as text size, fonts and other customizable site elements. The information these cookies collect may be anonymized, do not personally identify you, and cannot track your browsing activity on other websites.
Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not.
This Privacy Notice may be updated periodically to reflect changes in Yana’s data processing practices. If we decide to change our Privacy Notice, Yana will post the updated version on the Website and indicate at the top of the notice when it was most recently updated. If at any point we decide to collect Personal Information or use any collected data in a manner different from that stated at the time it was collected, we will notify applicable users.
Please contact us at email@example.com if you have any questions, comments or requests regarding this Privacy Notice.
Sustainability Related Disclosures
The regulatory basis for providing the following information is Regulation (EU) 2019/2088. Due to our activity of providing investment advice on privately held companies, Yana Investment Partners falls under Art. 3 of Regulation (EU) 2019/2088 and is therefore obliged to provide the following information regarding how we deal with sustainability risks when providing investment advice.
At Yana Investment Partners we consider sustainability risks as defined by Regulation (EU) 2019/2088, as a critical aspect in the overall risk management framework when providing investment advice.
Sustainability risk is defined as an event or a condition in the environmental, social or corporate (“ESG”) governance whose occurrence may actually or potentially have material negative consequences regarding the value of the investment that we decide to recommend or not to recommend. Due to the ongoing change of climate, climate risks are more and more in focus, besides the other sustainability risks. Climate risks include all those risks that are caused by climate change or which are exacerbated as a result of climate change.
Climate change can impact companies directly, e.g. through natural disasters and extreme weather conditions like storms, floods, drought, etc. but also indirectly through the transition of current economies to climate-neutral economies which can lead to a change in the political and legal framework, obsolete business models, the elimination of certain products or materials used in the production process, new emerging technologies and changed consumer behaviour. Both, these direct and indirect risks can impact the value of investments on which we advise our clients.
How we deal with sustainability risks
Our business is to advise clients on investments in privately held European small-cap companies by partnering with local deal partners in order to create value in the underlying companies over a period of 4-6 years.
In our investment advisory process, we analyse multiple potential risk factors, including secular trends, macro-economic risks, market risks, ESG risks, company-specific risks as well as deal-partner and management-related risks. ESG risks are therefore an integrated part of our due diligence and investment advice.
Broadly summarised, sustainability factors are integrated through three steps when providing investment advice:
- We analyse whether and to which Sustainable Development Goals (SDGs) of the United Nations Global Compact a company contributes.
- We exclude from our recommendations companies active in certain sectors (e.g. weapons, tobacco, pornography, fossil fuels, nuclear energy).
- We seek to identify potential ESG risks in companies early in the due diligence process and, as we progress in our due diligence, to understand their impact on the environment, society and corporate governance, as well as the potential impact on the future valuation of the company (e.g. loss of market share, attractiveness for future buyers, etc.).
Findings are summarised in our due diligence reports and discussed with our advisory clients. As a result, the available investment opportunities and consequently the advice provided also depend on the expressed preferences of our advisory clients.
No consideration of adverse impact of investment advice on sustainability factors
In the context of giving investment advice, Yana Investment Partners does not consider the adverse impact of investment decisions on sustainability factors in its investment criteria in the meaning of Art. 4 of Regulation (EU) 2019/2088. Regardless of this, the topic of sustainability is very important to us and sustainability factors such as environmental, social and employee issues, respect for human rights and the fight against corruption and bribery are important to us.
The typically small size and young age of companies that we analyse results in a lack of clear, reliable and structured available data from target companies on potential principal adverse impacts. Further, these companies are typically not covered by ESG focused data providers at this point in their life-cycle. We, therefore, believe that there is typically not enough reliable information available to consider such factors in a comprehensive and coherent manner.
Sustainability-compliant remuneration policy
Our company has a remuneration policy that aims, among other things, to prevent conflicts of interest in connection with the remuneration of our employees as best as possible.
Our remuneration policy also complies with the concept of sustainability. It does not contain any incentives that are misaligned with our approach to sustainability and does not provide any incentives to take excessive sustainability risks. The following is the relevant excerpt from our remuneration policy (translation from the original German version):
“The remuneration policy is aligned with our sustainability approach and the inclusion of sustainability risks, Especially, it does not provide any incentive to take excessive sustainability risks.”
Disclosure Regarding Engagement & Voting
According to the Directive (EU) 2017/828 of the European Parliament and of the Council of 17 May 2017 and its Austrian implementation according to § 185 BörseG 2018, institutional investors and asset managers have to develop and publish an engagement & voting policy and, on an annual basis, publish how they have implemented their engagement & voting policy; alternatively, they can publish a “clear and reasoned statement” as to why they have chosen not to meet the requirements.
Yana Investment Partners is neither an institutional investor nor does it act as an asset manager. In our advisory capacity, we are not institutional investors ourselves and do not provide asset or portfolio management services for our clients in the meaning of Directive 2014/65 / EU (“MiFID”).