Privacy Policy

We are committed to protecting and respecting your privacy.

This policy and any other documents referred to in it explains how we collect, use and protect your personal data.

Your personal data will be held by us in accordance with the English Data Protection Act 1998 and the Dutch Data Protection Act (Wet bescherming persoonsgegevens) (collectively, the Privacy Laws). For the purpose of the Privacy Laws, the data controller is Elliott Advisors (UK) Limited of Park House, 116 Park Street, London W1K 6AF. We are registered as a data controller in the United Kingdom with certificate of registration reference number Z6487073.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

  • Information that you provide by filling in forms on our sites www.fairvalueforNXP.com; www.fairvalueforNXP.co.uk and www.fairvalueforNXP.nl (together, our sites). This includes information (such as your email address) provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information if you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access, without identifying your identity or profiling your activities.

MANDATORY AND OPTIONAL DATA - CONSEQUENCES OF NOT PROVIDING YOUR DATA

You must provide your data for registering to use our site, subscribing to our service, posting material, requesting further services or reporting a problem with our site. If you do not wish us to process your data for such purposes, it’s possible that we will not be able to provide certain services.

Providing your data in relation to surveys or to receive marketing material is optional and your data will only be collected subject to your consent. Not providing your data for these purposes will not have any negative consequences for you.

IP ADDRESSES

We may collect information about your computer, including (where available) your IP address, operating system and browser type, for site security and administration but not for profiling purposes.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. In particular, we use cookies to remember a user’s response to the regulatory gateway so that they don’t have to respond every time they visit, and to enable use of Google Analytics so that user behaviour can be anonymously analysed. You can accept, disable and reject cookies easily by adjusting your browser settings. Please be aware that total or partial disabling of technical cookies may affect the proper functioning of features reserved to registered users, whereas disabling third-party cookies will not affect your browsing experience in any way.

WHERE WE STORE YOUR PERSONAL DATA AND DATA RETENTION

The data that we collect from you will generally be held only within the European Economic Area (EEA). However, from time to time we may transfer your data to, or authorize access to it by, affiliated companies, including entities outside the EEA, in order that your data may be processed for the purposes set out below. In these circumstances, we will ensure that any export of personal data outside the EEA is made in compliance with the requirement of the Privacy Laws to ensure adequate protection for data subjects (for example using the terms of the European Commission Standard Contractual Clauses).

All information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access by adopting all the minimum security measures necessary according to the kind of processing.

Your personal data will be kept for a period not exceeding that which is necessary for the purposes for which it was collected, after which it will be destroyed or rendered anonymous.

METHODS OF PROCESSING AND USES MADE OF THE INFORMATION

We process your data electronically or in hard copy form. We use information held about you in the following ways:

  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us, in relation to the registration to this site and any related services.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information, for the same purposes, to any of our affiliated companies.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If Elliott Advisors (UK) Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about users of the site will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or to protect the rights, property, or safety of Elliott Advisors (UK) Limited, our customers or others.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Compliance-UK@elliottadvisors.co.uk.

Our site may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Privacy Laws give you the right to access information held about you. Your right of access can be exercised in accordance with the Privacy Laws. In addition, you can exercise your update, correction, integration, cancellation and objection rights when data are processed unlawfully and you can object to the processing of data on legitimate grounds or to the receipt of marketing material or for research purposes.   

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Compliance-UK@elliottadvisors.co.uk, to which you can also address your requests to exercise your rights.

 

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Disclaimer

This website is published and maintained by Elliott Advisors (UK) Limited (“EAUK”), which is authorised and regulated in the United Kingdom by the Financial Conduct Authority.  

 

This website and the information contained within it (together referred to as “this website”) is an information resource for shareholders in NXP Semiconductors N.V. (“NXP”).  No information within this website is intended to promote, and should not be construed as promoting, any funds advised directly or indirectly by EAUK nor does it constitute financial promotion, investment advice or an inducement or an incitement to participate in any product, offering or investment and should not be construed as such. The views expressed in this website represent the opinions, interpretations and estimates of EAUK and are based on publicly available information and on proprietary and non-public research and analysis of publicly available information provided by a third party consulting firm engaged by EAUK. Certain financial information, data and statements included herein have been derived or obtained from public filings, including filings made with the Securities and Exchange Commission or other regulatory body, and other sources. No agreement, commitment or understanding exists or shall be deemed to exist between or among EAUK and any third party by virtue of furnishing this website. EAUK has not sought or obtained consent from any third party to use any statements or information which are described as having been obtained or derived from statements made or published by third parties and this website is not a complete summary of such statements or information. Any such statements or information should not be viewed as indicating the support of such third party for the views expressed in this website. All amounts, market value information and estimates included in this material have been obtained from outside sources that EAUK believes to be reliable or represent the best judgment of EAUK as of the date such material was first published or as otherwise indicated.  Such information may change after the date such material was first published. Any information in relation to the past performance of NXP or QUALCOMM Incorporated (“Qualcomm”) cannot be relied upon as a guide to future performance.  Shareholders are advised to read the full solicitation/recommendation statement filed by EAUK and certain of its affiliates on Schedule 14D-9 and other important documents with respect to the tender offer referred to on this website under NXP’s filings at www.sec.gov.

 

The material contained herein is for discussion and general informational purposes only, and does not constitute (a) an offer to buy or sell, or a solicitation of an offer to buy or sell, any security or other financial instrument, (b) a “financial promotion” for the purposes of the Financial Services and Markets Act 2000, (c) “investment research” as defined by the FCA handbook, or (d) an “investment recommendation” as defined by regulation (EU) no 596/2014. No information contained herein should be construed as recommending or suggesting an investment strategy. EAUK makes no representation, warranty or guarantee, express or implied, concerning this website and its contents, including whether the information (which may include information and statistics obtained from public filings or third party sources) or views contained herein are accurate, complete or current. The information in this website is provided “as is,” and EAUK reserves the right to change or modify this website or any of the views expressed herein at any time, and EAUK has no duty to provide you with notice of such changes, nor indeed is it obliged to undertake any changes. Where the information relates to legislative initiatives, it represents a non-exhaustive summary of EAUK’s current understanding of the legislation and the proposed timeframes as at the date of this publication, which is subject to change pending further clarification of the rules through the legislative rule making and implementation processes in the relevant jurisdiction. The information in this website is not intended to constitute nor should it be construed as the basis for any investment decision or as advice of any kind, whether in relation to legal, compliance, accounting, tax, regulatory matters or otherwise. You should discuss with your professional legal, accounting, tax, or other adviser how you may be affected by the information contained in this website. Except for the historical information contained herein, the matters addressed in this website are forward-looking statements, which are based upon certain assumptions, and involve a variety of risks and uncertainties. You should be aware that projections and forward looking statements are inherently uncertain and actual results may differ from the projections and other forward looking statements contained herein due to reasons that may or may not be foreseeable. Words such as “anticipate,” “assume,” “believe,” “budget,” “continue,” “could,” “estimate,” “expect,” “future,” “intend,” “may,” “plan,” “potential,” “predict,” “project,” “will” and similar terms and phrases identify forward-looking statements. No representation or warranty is made as to the accuracy or reasonableness of the assumptions underlying the projections and other forward looking statements contained herein. Nothing in this material should be taken as any indication of EAUK’s, or the funds’ which EAUK directly or indirectly advises or sub-advises (the “Elliott Funds”), current or future trading or voting intentions. No representation or warranty is made that EAUK’s investment processes or investment objectives will or are likely to be achieved or successful or that EAUK’s investment will make any profit or will not sustain losses. Past performance is not indicative of future results.

 

EAUK expressly disclaims and will not be responsible or have any liability for any losses, whether direct, indirect or consequential, including loss of profits, damages, costs, claims or expenses, relating to or arising from your reliance upon any part of this website or for any misinformation contained in any public filing, any third party report or this website. Before determining on any course of action, you should consult with your independent advisors to review and consider any associated risks and consequences. This website has been prepared without regard to the specific investment objectives, financial situation, suitability and needs of any particular recipient. EAUK does not render any opinion regarding legal, accounting, regulatory or tax matters.

 

The Elliott Funds have a direct or indirect interest in NXP. EAUK is expressing the opinions, interpretations and estimates set out in this website solely in its capacity as an investment advisor to the Elliott Funds.  As a result of its arrangements with the Elliott Funds, EAUK has a financial interest in the profitability of the Elliott Funds’ positions in NXP.  Accordingly, this website should not be viewed as impartial (and has not been prepared in accordance with legal requirements to promote the independence of investment research) and EAUK may have conflicts of interest.

 

EAUK, its affiliates, officers and employees make no representations or warranties, express or implied, regarding the accuracy, reliability, completeness, suitability or other characteristics of the information contained in this website.  Depending upon overall market conditions, other investment opportunities available to the Elliott Funds, and the availability of securities of NXP at prices that would make the purchase or sale of such securities desirable, the Elliott Funds may endeavour (i) to increase or decrease their respective positions in NXP through, among other things, the purchase or sale of securities of NXP on the open market or in private transactions, including through a trading plan created under Rule 10b5-1(c) or otherwise, on such terms and at such times as the Elliott Funds may deem advisable, and/or (ii) to enter into transactions that increase or hedge their economic exposure to securities of NXP without affecting their beneficial ownership of shares of such securities.

 

Gordon Singer, Chief Executive of EAUK, is the EAUK employee with principal responsibility for this website.  Neither NXP nor Qualcomm has approved nor has any responsibility for this website.  EAUK does not intend to update this website on a regular basis, but may from time to time amend it to reflect additional information as it becomes available.

 

This website was last updated on 16 February 2018.