Diclaimer

A note in advance:
Dolphinvest Consulting GmbH, as well as Dolphinvest Communications Limited (hereinafter also referred to as “we”, “us” or similar) endeavor to carefully comply with all legal requirements at all times. We therefore regularly and carefully check the various pages of www.dolphinvest.eu for compliance with applicable law.

Nevertheless, should any content or the design of the various pages of www.dolphinvest.eu infringe the rights of third parties or other legal provisions, or should there be any other legal concerns, please inform us briefly, formally or informally, if necessary only by telephone, at no charge. We will then immediately delete any unlawful content or remove any other legal defects without delay. Legal warnings without such prior notification do not correspond to our actual or presumed will (see also § 8 para. 4 UWG).

 

1. Right to change the content at any time

We expressly reserve the right to change, supplement or delete parts of the various pages of www.dolphinvest.eu or the entire offer contained therein in whole or in part without prior notice or to discontinue publication temporarily or permanently. We will inform the customers concerned in good time of any changes that affect our customers.

 

2. References and links

a) In its judgment of May 12, 1998 (case no. 312 O 85/98 - “Liability for hyperlinks”), the Hamburg Regional Court ruled that the operator of a website may also be responsible for the content of the linked external website by setting a hyperlink (= direct or indirect reference to external websites). According to this decision, this can only be prevented by the operator of the website expressly distancing himself from the content of the linked external website. We hereby expressly distance ourselves from any linked external websites. We expressly assume no guarantee or warranty for these linked external websites. For the contents of a linked external website and in particular for damages resulting from the use or non-use of such information presented on external websites, the provider or author is always solely responsible and not us.

b) According to the decision of the Berlin Tiergarten Local Court of June 30, 1997 (case reference: 260 DS 857/96), criminal liability is also ruled out if the external website to which the link setter or defendant refers was still legally unobjectionable at the time the hyperlink was set and only later, without the knowledge of the link setter or defendant, is changed in a criminally relevant manner. According to this decision, the link provider or defendant is not obliged to continuously check the external websites to which it refers via hyperlinks. However, as soon as we become aware of legal violations on external websites to which we refer via hyperlinks, we will immediately remove such hyperlinks from our website. We hereby expressly declare that we were not aware of any illegal content on such external websites at the time the links were created. We have no influence whatsoever on the current and future design, content or authorship of the linked external websites. We therefore hereby expressly distance ourselves from all content on all linked external websites that was changed after the link was created.

c) The above statements apply to all hyperlinks and references set within our present Internet offer on the various pages of www.dolphinvest.eu as well as to external entries in guest books, discussion forums, link directories, mailing lists and in all other forms of databases to or via whose content access to external websites is possible.

 

3. Copyright and trademark law

a) We endeavor to observe the copyrights and ancillary copyrights of the images, graphics, sound documents, video sequences and texts used in all publications on this website or to use images, graphics, sound documents, video sequences and texts created by us or license-free graphics, sound documents, video sequences and texts. The copyright or ancillary copyright for published objects created by the author himself remains solely with the author of the respective pages. The reproduction, editing, distribution, use or any other kind of exploitation of such graphics, sound documents, video sequences and texts outside the limits of copyright law in other electronic or printed publications is not permitted without the express consent of the author. The content and works created by us on these pages are subject to German and international copyright law.

b) All brands and trademarks mentioned on the various pages of www.dolphinvest.eu and possibly protected by third parties are subject without restriction to the provisions of the applicable brand and/or trademark law and the ownership rights of the respective registered owners. The mere mention of a brand or trademark does not imply that the respective brand or trademark is not protected by third-party rights!

 

4. Protection of your data

For details on the protection of your data, please read our privacy policy available on this website.

 

5. No spam mails allowed

The use of contact data (such as name, address, telephone and/or fax numbers, e-mail addresses) published in the legal notice or similar information on the various pages of www.dolphinvest.eu by third parties for the purpose of sending unsolicited information is expressly prohibited. We expressly reserve the right to take legal, possibly criminal, action against the senders of so-called spam mails in the event of violations of this prohibition.

 

6. Legal validity of this disclaimer

This disclaimer is to be regarded as part of our Internet offer on the various pages of www.dolphinvest.eu, from which reference was made to this page. If parts or individual formulations of the text of this disclaimer do not, no longer or do not fully comply with the applicable legal situation, the content and validity of the remaining parts of this disclaimer shall remain unaffected.

 

7. Disclosure regulation

Due to legal regulations (Art. 3 Disclosure Regulation), we are obliged to provide the following information.
We do not intend to advertise ecological or social characteristics in our investment strategies or for other specific financial instruments:   

• As a company, we want to make our contribution to a more sustainable and resource-efficient economy. In addition to observing sustainability goals in our corporate organization itself, we also see it as our task to sensitize and involve our employees and customers in aspects of sustainability.
• Environmental conditions, social upheaval and/or poor corporate governance can have a negative impact on the value of our customers' investments and assets in a number of ways. Ultimately, these so-called sustainability risks cannot be completely ruled out. We have developed processes to limit sustainability risks as part of some of the investment strategies we offer.
• To limit sustainability risks, we try to avoid investments in financial instruments that have an increased risk potential. By using various databases with specific sustainability criteria, we believe we are in a better position to assess financial instruments with regard to environmental, social or company-related values. We use valuation methods that are recognized in the market.
• The identification of suitable investments to limit sustainability risks may also involve us using recognized rating agencies for the selection of financial products in asset management (or for recommendations in investment advice). The specific details result from individual agreements.
• Our company's strategies for incorporating sustainability risks are also incorporated into our internal organizational guidelines. The remuneration policy is also in line with our strategies for incorporating sustainability risks (Art. 5 Disclosure Regulation).

 

8. Principles for dealing with conflicts of interest

According to Section 63 (2) of the German Securities Trading Act (WpHG), every investment services company must endeavor to avoid conflicts of interest and disclose to its clients the nature and origin of potential conflicts of interest as well as its principles for dealing with them.
Our institution is subject to supervision by the German Federal Financial Supervisory Authority (BaFin) and the Deutsche Bundesbank and is obliged to comply with their regulatory requirements. In addition, we are a member of the Association of Independent Asset Managers in Germany (VuV) and have undertaken to comply with its code of ethics.

1. Nature and origin of possible conflicts of interest

1.1. Where can conflicts of interest arise?

Conflicts of interest in the context of the provision of our investment services may arise

• between our institution itself and our clients,
• between our managers, employees and contractually bound intermediaries and our clients, or
• between our clients themselves.

1.2. How can conflicts of interest arise?

As in any profit-oriented company, conflicts of interest and the resulting risk of damage to client interests cannot be completely ruled out. These can have the following causes in particular:

• our institute's own business interests, in particular the pursuit of sales and profits
• the performance-related remuneration agreed with our clients, e.g. by taking higher risks for the assets under management with the aim of achieving a higher performance and thus a higher total fee due to the performance-related component
• financial interests in the investment funds and investment strategies we advise ourselves
• acceptance of cash or non-cash benefits from third parties, e.g. brokerage and portfolio commissions or seminar offers, insofar as these are not paid out to our clients
• performance-related remuneration of managers, employees and intermediaries and the granting of cash or non-cash benefits to them
• personal transactions of managers, employees and contractually bound intermediaries or persons close to them

Conflicts of interest may also arise in the case of business or personal relationships between our institution, its directors, employees, tied agents or related parties and credit institutions, capital management companies, issuers, etc. This applies in particular to:

• Cooperation with such institutions
• Participation in supervisory or advisory boards of these institutions
• Participation in issues of financial instruments
• Obtaining information that is not publicly known (insider information)

2. Dealing with conflicts of interest

In order to avoid the risk of damage to client interests resulting from potential conflicts of interest, we have established the following principles and taken the following measures, which are binding for all managers, employees and intermediaries:

2.1. General organizational measures

• Obligation to comply with the VuV Code of Ethics and our own ethical principles
• Implementation of comprehensive organizational precautions to protect customer interests in our organizational guidelines and commitment to compliance with them
• Introduction of multi-level process-integrated and process-independent control mechanisms
• Disclosure and consent obligations for certain business or personal relationships

2.2. Concrete measures in relation to the identified conflicts of interest

• Selection of our cooperation partners (custodian banks, other executing credit institutions, capital management companies, other product providers and issuers) according to the criteria of favorable cost structure and best possible order processing - see “Principles for the execution of orders in financial instruments”
• Disclosure of the costs and ancillary costs associated with our investment services and the financial instruments so that the total costs and their impact on the return on the investment are clear - see “Ex ante cost information”
• Internal monitoring of the investment recommendations made, also with a view to avoiding transactions with a higher risk content that are aimed at achieving a higher performance-related remuneration. An exclusively variable remuneration of the institute is only possible in exceptional cases at the special request of the client.
• Disclosure of our remuneration model for investment funds and investment strategies that we advise ourselves, insofar as we broker these to our clients
• Introduction of a product approval and monitoring process tailored to the needs of our clients in order to
• -monitoring procedure adapted to the needs of our clients in order to avoid conflicts of interest resulting from our institution's own sales interests and to prevent the brokerage of financial products to clients with unsuitable investment objectives and risk appetites
• Unambiguous disclosure of the existence, type and scope of inducements that we receive from third parties, in particular brokerage and portfolio commissions (insofar as these are not paid out to our clients) - see “Information on the receipt of inducements”
• Structuring our remuneration models for managers and employees in compliance with the Remuneration Ordinance for Institutions and other regulations so that there is no dependence on variable remuneration components and no incentives to take high risks
• No specification of sales targets in the securities services business
• Establishment of internal rules for personal transactions, obligation of all managers, employees and intermediaries to comply with them and to disclose accounts, securities accounts and personal transactions, regular monitoring of these by the compliance officer
• Restrictions or prohibition of personal transactions for certain securities with low market capitalization, strict prohibition of pre-trade, co-trade or counter-trade to customer transactions
• Regular training of our employees with regard to possible conflicts of interest, their avoidance or reduction

3. Questions and explanations

We will be happy to answer any questions you may have and provide you with further details on the above principles at any time on request.