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Privacy Policy

DISCLOSURE OF NON-PUBLIC PERSONAL INFORMATION

A. Privacy Policy

Menai does not disclose Non-Public Personal Information to third parties other than as described below.


Menai collects Non-Public Personal Information (such as name, address, social security number, assets and income) from its discussions with Investors, from documents delivered to Menai by Investors, and in the course of providing advisory services. Menai may use this information to provide advisory services or otherwise in furtherance of Menai’s business. To effect investments, Menai may provide Non-Public Personal Information to its affiliates and to firms that assist Menai in servicing Advisory Clients and have a need for such information. Menai may also provide such information to service providers which could include financial institutions with which Menai has joint marketing arrangements, if any. Menai uses reasonable best efforts to require that any person or institution to which it discloses Non-Public Personal Information will protect the confidentiality of that information and use the information only for the purposes for which Menai discloses the information to them. Menai does not otherwise provide Non-Public Personal Information to outside firms, organizations, or individuals except to its Administrators, attorneys, accountants, compliance consultants and auditors and as permitted by law.


Menai restricts access to Non-Public Personal Information to Employees who need to know such information. Menai maintains physical, electronic and procedural safeguards that comply with federal standards to guard Non-Public Personal Information.


B. Procedures for Compliance with Privacy Policy

To generally ensure that Non-Public Personal Information is safeguarded, Menai has adopted the following internal procedures:


(1) access to Non-Public Personal Information is restricted to Employees and service providers that need to access such information to engage in business activities on behalf of Menai;

(2) after business hours, hard-copies of Investors’ Non-Public Personal Information are kept in locked file cabinets or in a locked file room;

(3) Menai computers and blackberries have inactivity time-outs and password protection

(4) visitors to Menai’s office must be authorized by an Employee; and

(5) Non-Public Personal Information is securely disposed of as set forth below.



C. Disposal of Non-Public Personal Information

In order to protect against the risks of fraud and fraud-related crimes, including identity theft, Menai has also adopted the following internal procedures relating to the secure disposal of Non-Public Personal Information:


(1) to the extent not covered under Advisers Act Rule 204-2, hard copies of Non-Public Personal Information (or any extra hard-copies of Non-Public Personal Information, whether or not covered by Advisers Act Rule 204-2) shall be destroyed in a manner so that such information cannot be practicably read or reconstructed; and

(2) to the extent not covered under Advisers Act Rule 204-2, Non-Public Personal Information which is stored on disk, CD, tape or other electronic media shall be cleared, purged, declassified, overwritten and/or encrypted in such a manner so that any information contained therein cannot be restored or decrypted;

(3) As a general matter, the Chief Compliance Officer will require that each third-party service provider engaged by Menai that obtains access to Non-Public Personal Information during the course of its services to Menai have similar policies and procedures relating to the secure use, maintenance and disposal of Non-Public Personal Information. This will generally be accomplished by sending such third-party service providers a copy of Menai’s privacy notice and requesting such third-party service providers affirm they have privacy policies and procedures that are at least as stringent as Menai’s policies and procedures.



D. State Privacy Laws

Certain states have adopted additional consumer privacy laws that may be applicable to investment advisers with investors who are residents of those states. For example, Massachusetts requires any company with personal information about a resident of Massachusetts to adopt and implement a comprehensive information security program. Such security program must include appropriate administrative, technical, and physical safeguards to maintain the security of personal information relating to Massachusetts residents.


To ensure compliance with state privacy laws, the Chief Compliance Officer will, in consultation with outside counsel and/or compliance consultants to the extent appropriate, periodically review state laws and determine whether Menai’s policies and procedures are adequate in light of such review. To the extent required, Menai will revise its procedures in order to comply with such laws.


E. Privacy Notice

Menai will deliver initial notification of its privacy policies and procedures to Investors and an annual notice to current Investors thereafter in the form of a privacy notice. Menai generally provides the initial notice to Investors by including it in the offering documents or subscription agreements. An acceptable method for delivering an annual notice would be through a cover letter accompanying a monthly statement, quarterly letter to current Investors, or Form ADV Part 2. The Chief Compliance Officer, or his Designated Person, is responsible for ensuring that initial and annual privacy notices are distributed in accordance with the above requirements.


If an Employee has any doubt as to whether certain data constitutes Non-Public Personal Information, such Employee shall consult with the Chief Compliance Officer.


TERMS OF USE

Terms of Use

The Terms of Use (“Terms of Use”) set forth below apply to the www.menai.io.com website (the “Site”), a service of Menai Financial Group LLC and its affiliates (referred to collectively as Menai, “we,” “us,” “our” and other similar pronouns). Please read the following Terms of Use before using the Site or any data, products, materials, information, or services contained on the Site. Should you not agree with any of the Terms of Use contained herein, then do not use the Site.


Menai may change the Terms of Use at any time, without prior notice. Such changes will be effective when posted. Any changes made to the Terms of Use will only apply prospectively. By continuing to use the site after Menai posts any such changes, you accept the Terms of Use as modified. It is your responsibility to review Menai’s Terms of Use on a periodic basis.


The Site is offered to you, conditioned on your acceptance, without modification of the Terms of Use and any other terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices, including the Terms of Use.


Menai will not treat a user of the Site as an investment advisory client by virtue of their accessing the Site.



Disclaimer

This information has been prepared solely for informational purposes and does not constitute an offer to sell, or a solicitation of an offer to buy or sell, any security, investment or other financial product, nor does it constitute a general solicitation, general advertising or direct selling effort under the Securities Act of 1933 of the United States. Any such offer or solicitation may be made only by delivery of a fund’s confidential private placement memorandum and other offering documents. Visitors must make their own investment decisions based on their own investment objectives and financial position. Menai does not provide tax, legal, regulatory, or other advice, and Menai recommends that any investors seek advice from independent financial advisers, accountants, or attorneys as deemed necessary. Menai is not advising the visitor to take any particular action based on the information, opinions, or views contained on this Site, and a visitor’s acceptance is deemed by Menai as an acknowledgement of these conditions. Menai does not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Any investment products and services described herein have not been and will not be registered in the United States with the Securities and Exchange Commission.


THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.



Restrictions on Use of this Site and its Content

Ownership of Site Content Unless otherwise expressly noted, all information and materials, including without limitation images, illustrations, designs, icons, photographs, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Menai. No material or content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download and/or print one copy of individual pages of the Site for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, display, modify, transmit, reuse, repost, create derivative works from or otherwise use the content of the Site, including, without limitation, any text, information, graphics, images, audio and video, for public or commercial purposes without Menai’s written permission. Modification or use of the content of the Site for any other purpose will violate the copyright and/or intellectual property rights of Menai.


Systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without express written permission from Menai is strictly prohibited.


In addition, you may not, at any time: (i) “harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so); (ii) use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site (this prohibition does not apply to search engines accessing the site solely for web indexing purposes); (iii) “stream catch” (download, store or transmit copies of streamed content); (iv) obtain, or attempt to obtain, access to areas of the Site or the Menai systems that are not intended for access by you; (v) “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems; (vi) circumvent or reverse engineer the Site or its systems; or (vii) restrict or inhibit another user or users from using and enjoying the Site. All such conduct is strictly prohibited.


You also must comply with all applicable laws and contractual obligations when you use this Site.



Ownership of Submissions

If you submit any materials or content to this Site, you grant Menai a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for its business purposes, in any form, in any media, and via any technology it chooses, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant Menai these rights.


Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.



Adviser Registration

Menai Finance LLC will be registered as an exempt reporting investment adviser under the Investment Advisers Act of 1940, as amended. The material contained on this Site is intended to present a general summary of Menai and is not soliciting any action based upon it. Further information on Menai and its products (including fee structure) may be obtained from Menai’s Form ADV, which is available without charge upon request.



Linking Policies

The Site may contain links to other websites or to third- party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. Menai is not responsible for, and does not endorse, the content of any such sites, or the products and services sold on them, nor does Menai take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.


You may not link to the Site without our express written consent. In addition, we reserve the right to revoke any consent to link to the Site upon notice.



Indemnification

You agree to indemnify, defend and hold Menai and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of the Site, your submissions to the Site, or any violation of the Terms of Use, or applicable law, by you. Menai reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with Menai in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.



Disclaimer of Warranties; Limitations of Liability

MENAI MAKES NO REPRESENTATION, WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND CONCERNING THE DATA, PRODUCTS, MATERIALS INFORMATION AND SERVICES CONTAINED ON THIS SITE. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MENAI SHALL NOT BE LIABLE FOR ANY DAMAGES, VIRUSES, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USING THIS SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY THE INFORMATION AT ANY TIME. WE CANNOT AND DO NOT GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOT WILL WE BE LIABLE FOR ANY IN ACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE.


IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY SERVICE ON THIS SITE OR WITH ANY OF THE SITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


MENAI ASSUMES NO LIABILITY, WHETHER CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR HAS ANY RESPONSIBILITY OF ANY KIND, FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN CONNECTION WITH THE FAILURE, INTERRUPTION, OR DISRUPTION OF ANY CONNECTION, COMMUNICATION, OR ACCESS TO THIS SITE, OR FOR ANY ERRONEOUS COMMUNICATION BETWEEN YOU AND MENAI. MENAI SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA, PRODUCTS, INFORMATION, MATERIAL AND/OR SERVICES AVAILABLE ON THE SITE. IN NO EVENT WILL MENAI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSS WHICH MAY ARISE FROM, OR DIRECTLY OR INDIRECTLY RELATE TO, (EVEN IF MENAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS) (I) YOUR USE OF THE DATA, PRODUCTS, INFORMATION, MATERIAL AND/OR SERVICES MADE AVAILABLE ON THE SITE, (II) ANY OTHER MATTER RELATING TO THIS SITE, (III) YOUR DOWNLOADING OF ANY INFORMATION, SOFTWARE OR OTHER MATERIALS THROUGH THE SITE, OR (IV) ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR RELATING TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. MENAI WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY MENAI OR THIRD PARTIES WITH RESPECT TO THE USE OF THE DATA, PRODUCTS, INFORMATION, MATERIAL AND/OR SERVICES OR TO TAKE ANY ACTION IN CONNECTION THEREWITH.



Monitoring by Menai

Menai reserves the right to monitor and record activity on this Site for any and all or no reason, and to take all actions it deems necessary or appropriate in its sole discretion. Menai, however, has no obligation to do so. As a result of your use of this website, Menai may retain and use any information gathered from your use for its internal business purposes or in accordance with applicable regulatory requirements.



Changes to This Site

Menai reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that Menai will not be liable to you or to any third party for any such modification, suspension or discontinuance.



Suspension or Termination of Access

Menai reserves the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.



Jurisdiction and Governing Law

Any dispute concerning any matter herein, including the validity, termination, or enforceability of the terms, conditions or agreements herein, shall be governed by and interpreted according to the substantive laws of the state of New York without regard for its choice of law or conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York and the courts of the State of New York located in the County of New York for any such dispute.


Menai controls and operates this Site from its offices within the United States of America, and unless otherwise specified, the materials displayed on this website are presented solely for the purpose of promoting services available in the United States, its territories, possessions, and protectorates. This Site and all information contained herein are not directed at or intended for distribution to, or use by, any person or entity in any jurisdiction or country where the distribution or use of such information is contrary to the laws or regulation of such jurisdiction, or such distribution or use would subject Menai to any registration requirement within such jurisdiction or country within such jurisdiction or country. Those who access this Site do so on their own initiative and are responsible for compliance with all applicable local laws.



Electronic Communications

The communications between you and us via this Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from Menai in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.



Severability

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Menai reserves the right to alter or delete materials from the Site at any time at its discretion.



Other

These Terms of Use, together with any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone. These Terms of Use are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.


YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.


Date: February 2021