This website is published by Ark Life Assurance Company dac, 3rd Floor, College Park House, Nassau Street, Dublin 2, DO2 VY46. References to Ark Life, ‘we’ or ‘us’, means the Ark Life Assurance Company dac and any subsidiaries or holding companies thereof (as defined in section 6 of the Companies Act 2014).
Ark Life Assurance Company dac: 3rd Floor, College Park House, Nassau Street, Dublin 2, DO2 VY46. Registered in Ireland (No 158762). Authorised by the Central Bank of Ireland with number C33458.
The Central Bank of Ireland (together with details of its rules) can be found at www.centralbank.ie/Pages/home.aspx.
2. Changes or Updates
From time to time the terms and/or notices set out on this website may be revised by amending the relevant page and/or updating the terms or notices on it. Your continued use of the website following the posting or making of any changes will confirm your acceptance of these changes.
Ark Life reserves the right at any time and without notice to change any of the content and/or material on the website .
3. Website Availability
Sometimes and possibly without notice, some or all of the pages available on the website may have to be withdrawn or suspended. This is often to allow us to maintain or protect our site. Ark Life shall not be liable for any loss or inconvenience you may suffer should the website or any of its content become unavailable at any time or for any period.
4. Intellectual Property
The design and layout of the website and any materials contained therein attract and are protected by various legal rights. These Intellectual Property Rights (‘IPRs”) include copyright and trade mark rights. Ark Life are the owners or the licensee of all intellectual property rights in the website, and in any materials published on it, and reserve all rights in the same.
Nothing in these Terms grants any right, title or interest to any of the IPRs on, or within, the site. This is especially true of the ‘Ark Life’ trading name and the logo.
The pages of this site, may not, in whole or in part, be reproduced, copied, stored, transmitted or used by any party except for the purpose of downloading for private, non-commercial, viewing purposes or where we have given our prior written consent. You must not alter anything on this website and no material from this site may be used on any other website and no links may be created to this site without our prior written consent.
Ark Life and/or its licensors are the owners of the copyright and database rights in the site, except where specifically stated otherwise, including without limitation content data, design, graphics, text, images, software and underlying source codes. Ark Life is the owner of all trademarks, service marks, trade names, logos and devices appearing on the website, whether registered or unregistered, except where specifically stated otherwise.
6. Downloading Information
Please note that any downloading of software or information is done at your own risk.
Ark Life does not warrant or make any representation with respect to the suitability of anything that is downloaded and accepts no liability for any problems that may arise as a result. If you are in any doubt about downloading anything, we recommend that you take specialist advice before doing so.
7. Leaving the Website
After you leave this website (whether knowingly or not), Ark Life is not responsible in any way for any other pages, websites or other thing that you access, and the results of accessing them. In particular, you may be going to a website which is not owned or operated by a regulated financial services company.
Ark Life does not guarantee that any email sent to us will be received, or that the contents will remain private during transmission. If you are concerned about this, then please consider other means of communication.
You will be responsible for ensuring that any electronic message or information you send to us is free from any virus or defect that may harm our systems in any way.
Ark Life will not be liable for any claims, losses, damages, costs or expenses arising from the use of or inability to use, interruption or availability of, this website its operation or transmission, computer viruses or any unauthorised access to or alteration of the website. We do not warrant that the contents of this website are compatible with all computer systems and browsers.
9. Financial Advice
Ark Life is unable to advise you regarding your financial planning needs. This website is for information only. It is not intended to offer advice and is not to be taken as in any way offering advice. It is not an offer to sell or change any products of Ark Life. If you want advice on any product, please consult a Financial Adviser.
Ark Life has taken care concerning the accuracy and integrity of what is on this website. However, Ark Life will not be liable in any way for any errors, omissions or information becoming out of date. If you are in any doubt as to the accuracy and currency of any information contained within the pages of this website, or if you require any further information, please contact Ark Life.
Whilst the website may be updated, from time to time, this is not always possible or practicable. As such we do not give any warranty, representation or commitment that materials will always be accurate or up to date.
The website is provided on an ‘as is’ and ‘as available’ basis. This means that there are no guarantees, conditions, representations or warranties (express or implied) offered by Ark Life, or any third parties connected to us that any of our material will be:
- complete, accurate, up to date or error-free;
- available or uninterrupted;
- suitable for any particular purpose or capable of performing any function or providing any particular result; or
- free of viruses, contamination or destructive features.
To the extent permitted by law, Ark Life and all third parties connected to us hereby expressly exclude:
- all conditions, warranties, representations and other terms which might otherwise be implied by any statute, common law or the law of equity in any jurisdiction; and
- all liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the website or in connection with or resulting from the use or inability to use our website including, without limitation, any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
and however the loss in question arises and whether it is caused by tort (including, but not limited to, negligence), breach of contract or otherwise, and regardless of whether it was foreseeable or not.
If, in any way whatsoever, Ark Life is found to be liable to you for any damage or loss (including, without limitation, through negligence) which arises in any way out of, or is in any way connected with, your use of our website, our liability shall not exceed the total of €50 (fifty euros).
Nothing in this notice affects or excludes or limits Ark Life’s liability for (a) death or personal injury caused by the negligence of Ark Life or any of its employees or agents (b) liability arising from any fraud or fraudulent misrepresentation by Ark Life or any of its employees or agents (c) any liability which may not be limited or excluded by applicable law
If any part of this notice is or are deemed unlawful, void, invalid, illegal or for any reason unenforceable under applicable laws then that part will be deemed deleted and will not affect the validity and enforceability of the remaining parts. Any failure by us to enforce our rights or remedies under this notice or otherwise shall not be construed as a waiver by us of those or any other rights or remedies.
11. Unauthorised Access
Ark Life will not be liable in any way for the results of any unauthorised access to this website, or any unauthorised alteration to this website.
The terms of, and use of, this website shall be governed by the law of Ireland.
13. Data Protection
If you are a policyholder of Ark Life Assurance Company the data controller for any personal information you give us is Ark Life Assurance Company.
More information on the treatment of your personal information is available on the privacy page of this website. This website does provide you with a link in order to email us. If you contact us by email, we may store your name and address to facilitate communication.
We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from:
- unauthorised access
- improper use or disclosure
- unauthorised modification
- unlawful destruction or accidental loss.
All our employees and data processors, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of your personal data.
14. Client categorisation
We categorise all policyholders of Ark Life Assurance Company dac as ‘consumers’ for the purposes of the Central Bank of Ireland’s Consumer Protection Code 2012 for all services and transactions. This helps us to make sure that you receive appropriate disclosure documents from us and that you are made aware of everything you need to know in a timely fashion.
15. Call Monitoring
Ark Life Assurance Company dac may record and monitor calls between its staff and customers to ensure a consistent quality of service.
16. Products and Investments
The value of investments may go down as well as up. You may get back less than your original investment. Equities are considered a long-term investment and are not directly comparable with a bank deposit account which can be accessed at any time with little or no penalty.
17. Promoting investor engagement
How Ark Life manages investments on behalf of its customers
Shareholder Rights Directive
The Shareholder Rights Directive II (SRD II) is a European Union (EU) Directive which came into force on 10 June 2019. One of the aims of the Directive is to promote effective stewardship and long-term investment decision making amongst regulated financial services firms.
As a responsible investor, Ark Life is committed to ensuring good investment practices for our underlying investments, and the external Asset Managers we appoint.
Ark Life have covered all aspects of shareholder engagement within our Environmental, Social and Governance (ESG) Policy rather than create a separate engagement policy.
If you’d like to read more about our approach to shareholder engagement and how we monitor the companies we invest in, you can access our ESG Policy below:
Irish Life Investment Managers (ILIM) are responsible for the management of Ark Life’s investment funds (with the exception of a small number of funds self-directed by policyholders).
As part of the controls in place to monitor ILIM and their performance, Ark Life:
- defines and assesses the guidelines and benchmarks in our agreements with ILIM to make sure investment strategies meet our long-term requirements.
- receives reports from ILIM about fund performance over set time periods (three months, six months, one year, three years and five years).
- regularly reviews the performance of ILIM against our objectives and the performance of the relevant asset class in general. This will include portfolio turnover activity (how quickly assets in a fund are bought or sold) where relevant.
- follows a set process if either Ark Life or ILIM decide that they should no longer manage the assets of a fund on behalf of Ark Life. Agreements to manage a fund have no set end date, but if fund performance is below the agreed benchmark, ILIM will be monitored more closely, with the option of ending the agreement.
Exercising Shareholder Voting Rights
As part of their duties ILIM will exercise voting rights as shareholders in companies where assets are invested on behalf of Ark Life.
The following link shows you ILIM’s voting records – https://www.ilim.com/responsible-investing/voting/
ILIM’s Voting Policy and Engagement Policy can be found at – https://www.ilim.com/responsible-investing/active-ownership/ and responsible investment review at https://www.ilim.com/media/1503/responsible-investing-annual-review-2019.pdf
The information contained on our website is based on our understanding of current taxation law and Revenue practice, which may be subject to future variation.