Within the applicable legal limits and constraints, PCM shall not be held responsible for loss or damage, such as loss or damage resulting directly or indirectly from access to, downloading from, or use of this website (or any other website to which the website links) or for the information made available via the website or social media.
The website and the presence of the PCM or its brand PearlTree on social media are managed from Luxembourg. Therefore, the present general conditions are exclusively governed by Luxembourg law (without reference to its conflict of law), excluding any other rule of law. All disputes or difference pertaining to the above are part of the exclusive competence of the courts of Luxembourg.
The entirety of the website and its contents, and more specifically (but not limited to) the texts, graphs, images, logos, and icons are the property of PCM and/or those who have granted the latter a licence. These elements are protected by intellectual property and other property rights.
It is forbidden to copy, download, duplicate (wholly or partially), transfer (electronically or otherwise), modify, translate, create a link to, or make use of this website and/or its contents for public or commercial purposes without prior written authorization from PCM (with the understanding that the users are allowed to download and print elements from the website for private and non-commercial usage only, provided that the contents are not modified in any way, and that all mentions of copyrights, trademarks, and all other property rights are not modified). Specifically, photos and videos of individuals cannot be copied without prior written consent from PCM.
Data privacy notice (“GDPR”)
PCM is responsible for the processing of your personal data, in accordance with the General Data Processing Regulation (EU regulation 2016/679) and the relevant laws of Luxembourg. All information regarding the purposes of the processing, the rights you are entitled to and how to exercise them, is laid out in the Data Privacy Notice available on the Probus Group website (https://www.probus-group.com/data-privacy-notice).
The satisfaction of our Investors and Clients is of utmost priority to us. We have therefore established a point of entry for complaints, which you can turn to if you want to convey criticism. Beyond the compliance with legal obligations, your comments are valuable to us to allow to continuously optimize our processes.
PCM is subject to the supervision of the Commission de Surveillance du Secteur Financier (“CSSF”). The Management Company has adopted a Complaint Handling Policy for managing investor complaints in an effective manner. Investors and Clients may file complaints free of charge in one of the official languages of their EU Member State.
Any complaint shall be sent to the attention of the Complaint Handling Officer, via email at: firstname.lastname@example.org.
The Complaint Handling Officer upon receipt of an investor’s or client’s complaint will take the following steps:
- An acknowledgment letter or email will be sent to the Investor or Client within ten business days after receipt of the complaint where the complaint cannot be closed within these ten business days.
- The Investor or Client will be informed of the name of the person handling the complaint.
- An answer will be provided to the Investor or Clientwithout undue delay. It must be handled within a period which will not exceed one month between the date of receipt of the complaint and the date at which the answer is sent.
- When the Complaint Handling Officer cannot provide an answer within this period, the Complaint Handling Officer informs the Investor or Client of the causes of delay and indicates a timeframe for resolution.
PCM informs Investors and Clients of the existence of out-of-court dispute settlement procedure with the Commission de Surveillance du Secteur Financier (the “CSSF”). This out-of-court resolution applies when the complainant did not receive a response or satisfactory response within one month of a complaint being submitted to the Management Company. In this case, the complainant can refer to the CSSF by the following means:
- Either by post to: the CSSF, 110 route d’Arlon, L-2991 Luxembourg
- Or by e-mail at: email@example.com
For more information on the out-of-court complaint resolution regulation, please visit the CSSF website: http://www.cssf.lu/en/consumer/complaints/
Best Execution & Order Handling
PCM adheres to the rules laid down in the UCITS and AIFM Directives and their implementing measures. In this context, PCM and its delegates have adopted a Best Execution Policy whose aim is to ensure the fair and prompt execution of portfolio transactions on behalf of UCITS and AIF funds we manage and instructions of their investors.
As a management company PCM is obliged to provide investors with adequate information regarding the best execution of trades. The PCM Best Execution Policy includes principles for the implementation of decisions relating to the purchase or sale of assets.
This Best Execution Policy can be obtained, on simple request, free of charge, via email to PCM at: firstname.lastname@example.org.
The PCM Remuneration Policy can be obtained, on simple request, free of charge, via email to PCM at: email@example.com.
Conflict of interest
For an asset management company with a broad client base, conflicts of interest can arise in a number of situations. Due to the accordance with statutory provisions and guidelines, we have a number of systems and control mechanisms in place with regard to dealing with conflicts to protect our clients from disadvantages.
PCM (the “Company”) is structured and organized so as to limit as far as possible the risk of conflicts of interest between:
- the Company
- the related parties of the Company
- the funds under management of the Company
- the unit-holders of the funds under management of the Company.
In accordance with its rules of conduct, PCM endeavours at all times to remove any potential conflicts of interest and, when such conflicts are unavoidable, will ensure that the funds and their investors are treated equitably.
This PCM Conflict of Interest Policy can be obtained, on simple request, free of charge, via email to PCM at: firstname.lastname@example.org.
PCM adheres to the rules laid down in the UCITS and AIFM Directives and their implementing measures. PCM has adopted a Key Principles Policy regarding the exercise of voting rights attached to the financial instruments held by the funds under management.
This Key Principles Policy can be obtained, on simple request, free of charge, via email to PCM at: email@example.com.