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.

Cryptoassets are not regulated by the Financial Conduct Authority. Please be aware that you will have no recourse to the Financial Ombudsman Service or to the Financial Services Compensation Scheme in the event of a complaint relating to cryptoassets. Cryptoassets may experience frequent price volatility resulting in a high degree of risk.

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 Asset Management LLC is 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

Menai Financial Group
Website Privacy Policy (UK)

INTRODUCTION

Welcome to Menai Financial Group’s privacy policy under the UK GDPR.

Menai Financial Group respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFER
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. GLOSSARY

1.IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how Menai Financial Group collects and processes your personal data through your use of this website.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policy and is not intended to override them.

CONTROLLER

Menai Financial Group is made up of different legal entities. This privacy policy is issued on behalf of Menai Financial Group so when we mention “Menai Financial Group”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the Menai Financial Group responsible for processing your data.

We will let you know which entity will be the controller for your data when you purchase a product or service with us. Menai Financial Group LLC is the controller and responsible for this website.

We are not required to appoint a mandatory Data Protection Officer (DPO). Where a mandatory DPO has not been appointed, this term means a data privacy manager or other voluntary appointment of a DPO or refers to the Company data privacy team with responsibility for data protection compliance.

We have appointed the Chief Compliance Officer EMEA as the DPO who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

CONTACT DETAILS

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Email address: charlotte.dilks@menai.io

Postal address: The Compliance Officer, Menai Asset Management (UK) Ltd, 100 Liverpool Street, 2nd floor, London EC2M 2AT, UK.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our privacy policy under regular review. This version was last updated in May 2022. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read privacy policy of every website you visit.

2.THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you. The data we collect will depend on type of interaction or type of service we provide to you. The data that we may collect has been grouped together as below:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes residential address, email address and telephone numbers.
• Financial Data includes bank account details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, preferences and feedback.
• Usage Data includes information about how you use our website.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3.HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
  • subscribe to our products or services;
  • sign up to newsletters; or
  • give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from the following parties:
    (a) analytics providers such as Google based outside the UK;
  • Information providers such as:
    • Identity and Contact Data from data aggregators such as Preqin based inside the UK.
    • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK and equivalent registers outside of the UK.
    • Identity Data from third party AML KYC providers as part of our regulatory requirement to screen prospective clients before undertaking business with them.

4.HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

See below in the Glossary under Lawful Basis to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us and you have not opted out of receiving that marketing.

OPTING OUT

You can ask us to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5.DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

• Internal Third Parties as per the Glossary below.
• External Third Parties as per the Glossary below.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.INTERNATIONAL TRANSFERS

We share your personal data within the Menai Financial Group. This will involve transferring your data outside the UK.

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. To that end we have internal data transfer services agreements.

Many of our external third parties are also based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

7.DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are available in our data retention policy which you can request from us by contacting us.

9.YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see Glossary below to find out more about these rights:

1. Request access to your personal data.
2. Request correction of your personal data.
3. Request erasure of your personal data.
4. Object to processing of your personal data.
5. Request restriction of processing your personal data.
6. Request transfer of your personal data.
7. Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us through our Data Subject Access Request Form (“DSAR form”).

DSAR Form

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10.GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Compliance with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

INTERNAL THIRD PARTIES

Other companies in the Menai Financial Group acting as joint controllers or processors and who are based in the US or Switzerland and provide HR services, compliance and regulatory services, Investor Relations and Marketing services, IT and system administration services and undertake leadership reporting.

EXTERNAL THIRD PARTIES

• Service providers acting as processors based in the US and the Cayman Islands who provide fund administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the US, the EU and Switzerland, and the Cayman Islands who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
• Other third parties, based in the US or the EU, providing services such as AML KYC screening.

YOUR LEGAL RIGHTS

You have the right to:

1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
   • If you want us to establish the data’s accuracy.
   • Where our use of the data is unlawful but you do not want us to erase it.
   • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
   • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.