OLD PEAK GROUP

PRIVACY POLICY
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Last updated 1 October 2021

OPG is incorporated in the British Virgin Islands and its registered office is at c/o Harneys Corporate Services Limited, Craigmuir Chambers, PO Box 71, Road Town, Tortola, VG1110, British Virgin Islands. OPG acts as investment manager or sponsor to relevant investment funds registered in the Cayman Islands and British Virgin Islands (Fund). State Street (Cayman) Trust Limited and HC Global Fund Services (BVI) Ltd. are our third party fund administrators for the Funds (Administrators). OPL is incorporated in Hong Kong and its registered office is at Suite 901, 9th Floor, 28 Hennessy Road, Wanchai, Hong Kong. OPG and OPL are part of the same group of companies.

Where applicable, OPG and OPL are data controllers in respect of your personal information for the purposes of this privacy statement (Privacy Statement) and the Cayman Islands Data Protection Law, 2017 (the DP Law), the Virgin Islands Data Protection Act, 2021 (the VIDPA) or the Hong Kong Personal Data (Privacy) Ordinance (the PDPO).

References in this Privacy Statement to we, us or our is a reference to OPG or OPL.

We are responsible for ensuring that we use your personal information in compliance with the DP Law, the VIDPA or the PDPO. We will comply with the requirements of the DP Law, the VIDPA or the PDPO when we process your personal information.

We are dedicated to protecting the confidentiality and privacy of information entrusted to us. As part of this fundamental obligation, we are committed to the appropriate protection and use of personal information (sometimes referred to as personal data, personally identifiable information or PII) that has been collected online or through online or electronic communications.

This Privacy Statement applies to you if we collect your personal information so that we can offer information and/or services to those businesses and individuals (relating to a Fund or otherwise), offer information about employment opportunities, or otherwise use your personal information. Please review this Privacy Statement to learn more about how we collect, use, and share and protect the personal information that we have obtained.

If you make an application for shares in a relevant Fund, the Fund's privacy policy will apply.

1. Collection and use of personal information

1.1 What information we collect

We may collect personal information (which includes public and non-public personal information) such as your name and address, identification numbers and documents, contact details, marital status and partner's name, date of birth, gender, nationality, photograph, signature, educational history, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information.

We collect or generate relevant personal information when you contact our mailboxes, register for certain services, express interest in employment with us or express interest in investing in a Fund or separately managed account, and subscription documents and related forms and agreements completed by you. In some cases, you may have previously provided your personal information to us (if, for example, you provided one of our professionals with a business card and asked to be contacted).

We may also collect personal information from publicly available sources as permitted by law or it may be provided to us on your behalf (with your consent).

You consent to us using this information in accordance with this Privacy Statement. Your personal information is not used for other purposes, unless we obtain your consent, or unless otherwise required by law.

1.2 Use of your personal information

We generally collect only the personal information necessary to fulfil your request to be contacted by us and develop an investment, employment or other relationship with us.

Your personal information may be stored and processed by us for the following purposes:

  • General business administration, including communicating with you where relevant, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems and monitoring and improving products.
  • Compliance with legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments.
  • Where information is shared with a relevant Fund or the Administrator and their affiliates, their business activities relating to such Fund, the Administrator and their affiliates such as investor relations, discussions with such Fund's service providers and counterparties, decision-making in relation to such Fund, and business strategy, development and marketing.

We are entitled to process your personal information in these ways for the following reasons:

  • Processing may be necessary to discharge a relevant legal or regulatory obligation.
  • The processing will, in all cases, be necessary for our, the relevant Fund's, the Administrator's or another person's legitimate business interests, such as:
    • carrying out our, such Fund's, the Administrator's or another person's ordinary or reasonable business activities, or other activities previously referred to in this Privacy Statement;
    • ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
    • establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and
    • ensuring the security of information systems.
  • You have given your explicit consent (this basis is used only exceptionally).

1.3 Sensitive Data

We may instruct the Administrator to collect "sensitive" personal information only for customer due diligence purposes when required by law and standards of industry best practice.

Sensitive data the Administrator may collect, sometimes referred to as 'Special Categories of Data', includes:

  • Any personal information relating to the political opinions of a politically exposed person.
  • Any proceedings for any offence committed, or alleged, to have been committed by you involving securities, commodities or other investments, and the disposal of any such proceedings or any sentence of a court in the Cayman Islands, British Virgin Islands, Hong Kong or elsewhere.

Any sensitive data collected and processed will be subject to additional safeguards.

Do not provide sensitive personal information to us or the Administrator, unless you consent to our or the Administrator's processing of such information including transfer and storage to and in our or the Administrator's databases.

If you have any questions about whether the provision of sensitive information to us is, or may be, necessary or appropriate for particular purposes, please contact us using the details set out under "Contacting Us" below.

1.4 Automatic collection of personal information

We do not use cookies, web beacons and other technologies to automatically collect certain types of information when you visit us online or contact us through email.

1.5 Children

We understand the importance of protecting children's privacy, especially in an online environment. In particular, our sites are not intentionally designed for or directed at children under the age of 13. It is our policy never to knowingly collect or maintain information about anyone under the age of 13, except as part of an engagement to provide professional services.

2. Sharing and transferring personal information

We may from time to time, in accordance with the purposes described above, disclose your personal information to other parties, including between ourselves and with the relevant Fund, the Administrator and any of their affiliates, professional advisers such as law firms and accountancy firms, other service providers of such Fund and the Administrator, including technology service providers, counterparties and courts, and regulatory, tax and governmental authorities. Some of these persons will process your personal information in accordance with our instructions and others will themselves be responsible for their use of your personal information. These persons may be permitted to further disclose the personal information to other parties.

We will not share your personal information with any third parties for their own direct marketing use.

3. Choices

In general, you are not required to submit each and every personal information to us, but we may require you to provide certain personal information in order for you to receive certain services or for us to comply with certain legal and regulatory obligations. Accordingly, if certain personal information is not provided when requested, we may not be able to progress any transaction or potential transaction with you or on your behalf.

We will ask for your consent before using your personal information for any additional purpose not outlined in this Privacy Statement, and you can agree to or decline those purposes.

If you opt-in for particular services or communications, such as an e-newsletter or other market or performance commentary, you will be able to unsubscribe at any time by following the instructions included in each communication. If you decide to unsubscribe from a service or communication, we will try to remove your information promptly, although we may require additional information before we can process your request.

4. Your rights

If you have submitted personal information to us, you have the following rights:

  • The right to obtain information regarding the processing of your personal information and access to the personal information that we hold about you.
  • The right to request that we rectify your personal information if it is inaccurate or incomplete.
  • The right to object to, and the right to request that we restrict, our processing of your personal information in certain circumstances. There may be circumstances where you object to, or ask us to restrict, our processing of your personal information but we are legally entitled to continue processing your personal information or to refuse that request.
  • The right to ask us not to subject you to automated decision making that uses your personal information.
  • The right to object to us using your personal information for direct marketing purposes.
  • The right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that we have infringed any of your rights.

You can exercise your rights by contacting us using the details set out under "Contacting Us" below. We will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards.

You can find out more information about your rights under the DP Law by contacting the Cayman Islands Ombudsman, the data regulator in the Cayman Islands, or by searching its website at www.ombudsman.ky. You can also find out more information about your rights under the VIDPA by contacting the Office of the Information Commissioner in the British Virgin Islands. To find out more information about your rights under the DPDO, contact the Office of the Privacy Commissioner for Personal Data, the data regulator in Hong Kong, or search its website at www.pcpd.org.hk.

5. Data security and integrity

We have reasonable security policies and procedures in place to protect personal information from unauthorised loss, misuse, alteration, or destruction. Despite our best efforts, however, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your personal information is limited to those who have a need to know. Those individuals who have access to the data are required to maintain the confidentiality of such information.

Data is securely backed up on servers owned by us at a co-located site serviced by Iron Mountain Hong Kong Limited. This is to protect your data from accidental loss and to ensure the continuity of our services in an incident or disaster recovery scenario.

6. Transferring your personal information outside the Cayman Islands, British Virgin Islands or Hong Kong

We, the relevant Fund, the Administrator or any affiliates may transfer or store your personal information outside the Cayman Islands, British Virgin Islands or Hong Kong.

Where this occurs, we will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted under applicable law. For example, in the context of personal information transferred outside the Cayman Islands, the country to which the personal information is transferred may be a European Economic Area member, a country approved by the European Commission or the recipient may have agreed to model contractual clauses approved by the European Commission that oblige them to protect the personal information.

You can obtain more details of the protection given to your personal information when it is transferred outside the Cayman Islands, British Virgin Islands or Hong Kong, including a copy of any standard data protection clauses entered into with recipients of your personal information, by contacting us using the details set out under "Contacting Us" below.

7. Data Retention

We make reasonable efforts to retain personal information only for as long as the information is necessary to comply with an individual's request, meet our legal obligations or until that person asks that the information be deleted.

8. Changes to this Privacy Statement

We may modify this Privacy Statement from time to time without prior notice to you to reflect current privacy practices. When we make changes to this Privacy Statement, we will revise the "updated" date at the top of this Privacy Statement. We encourage you to periodically review this Privacy Statement, which will be made available on our website, www.oldpeakgroup.com, to be informed about how we are protecting your information.

9. Links to other website

The Privacy Statement may provide links to other websites for your reference and information. These linked websites are not owned or controlled by us and we are not responsible for their content, use of the websites or the privacy practices of the websites. These websites may operate independently from us and may have their own privacy notice and policies which we encourage you to review.

10. Contacting us

We are committed to protecting the online privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at privacy@oldpeak.com.hk. You may also use this address to communicate any concerns you may have regarding compliance with our Privacy Statement.

We will acknowledge your email within 14 days and seek to resolve your concern within 1 month of receipt. We may accept your concern (and in that case implement one of the measures set out in the 'Your Rights' section above), or we may reject your concern, the reasons for which will be fully outlined in our communication with you.

If you are not satisfied with the response you receive, you have the right to escalate a complaint to the Cayman Islands Ombudsman, whose contact details are at https://ombudsman.ky/get-in-touch, or the Office of the Privacy Commissioner for Personal Data, whose contact details are at https://www.pcpd.org.hk/english/contact_us/contact_us.html.