Data Protection Notice

In accordance with the General Data Protection Regulation (697/2016/EU) (the “GDPR”) and applicable EU data protection legislation (collectively, “Data Protection Legislation”) the Fund being the data controller for the purposes of this application to subscribe for shares in the Fund, must provide you with information on how the personal data that you provide as part of your application to subscribe for shares in the Fund will be processed.

Contact details

The Fund, as data controller, has appointed Apex Fund Services (Malta) Limited as a data processor. The Fund can be contacted via the Administrator at Central North Business Centre, Level 1, Sqaq il-Fawwara, Sliema, SLM1670, Malta.

Purposes of processing and legal basis for processing

The personal data collected from you or provided by you or on your behalf in connection with your application for shares in the Fund will be held, disclosed and processed by the Administrator for the purposes of:

Performance of the contract

1. the performance of the contract between you and the Fund whereby; upon the Fund accepting your application to subscribe for shares in the Fund and you having paid the full subscription monies to the Fund and having provided to the Administrator the required documentation as specified in this Agreement, the Fund shall issue you with shares in the Fund and enter your details onto the register of members;
2. managing and administering your holdings in the Fund and any related account on an ongoing basis which involves processing your personal data for redemption, conversion or transfer requests, distribution payments and for future subscriptions to the Fund;
3. circulating periodic reports relating to the Fund.

Compliance with a legal obligation

1. complying with any applicable legal, tax or regulatory obligations imposed on the Fund including legal obligations under company law, tax law and anti-money laundering / counter-terrorist financing legislation including but not limited to:
   
   1. AML/CTF legislation: in line with anti-money laundering and counter terrorism requirements operating in various jurisdictions, all investors are required to be identified. For this purpose certain documentation will be required at the time of application as set out in this Application Form (and updated on an ongoing basis).
   2. CRS/FATCA: the Fund is obliged to collect certain information about each investor’s tax arrangements. For CRS/FATCA reporting purposes, please note that in certain circumstances the Fund may be legally obliged to share this information, and other financial information with respect to an investor’s interests in the Fund with relevant tax authorities. The enclosed forms are intended to request information only where such request is not prohibited by the relevant laws.

Legitimate interests

1. pursuing the legitimate interests of the Fund including:
   
   1. carrying out statistical analysis and market research;
   2. disclosures to third parties identified in the Offering Memorandum such as auditors, regulatory, tax authorities and technology providers;
   3. recording, maintaining, storing and using recordings of telephone calls that you make to and receive from the Fund, the Administrator, or the Manager and their delegates or duly appointed agents and any of their respective related, associated or affiliated companies for processing and verification of instructions, management and administration of your account(s) and any other matters related to investment in the Fund, dispute resolution, record keeping, security and/or training purposes.

Please note that where personal data is processed for purposes of legitimate interests, you have a right to object to such processing and the Fund will no longer process the personal data unless the Fund can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

CONSENT

Your consent is not required to process your personal data for the purposes referenced above. However, in order to process your personal data for the purposes of direct marketing, the Fund seeks your consent. You will be asked whether you consent to being contacted for direct marketing purposes as a part of the subscription process.

Profiling and screening
The Fund and its appointed data processors engage in OFAC/Sanction Screening and politically exposed person screening for the purposes of complying with anti-money laundering and counter terrorist financing legislation and with UN, EU and other applicable sanctions regimes.

Disclosures to data processors and/ or third parties
Personal data relating to you which is collected from you or provided by you or on your behalf may be handled by data processors appointed by the Fund and its or their duly appointed agents and any of their respective related, associated or affiliated companies for the purposes specified above. Such data processors include the Administrator, the Manager and their delegates, agents or affiliates. These data processors will handle your information in accordance with applicable Data Protection Legislation.

The Fund may disclose your personal data to other third parties where required by law or for legitimate business interests. This may include disclosure to third parties such as auditors and the Malta Financial Services Authority (MFSA), regulatory bodies, taxation authorities and technology providers.

Transfers Abroad
Personal data collected from you or provided by you or on your behalf may be transferred outside of Malta including to companies situated in countries outside of the European Economic Area (including the U.S.) which may not have the same data protection laws as in Malta. Such data transfers will only involve companies which are part of the same corporate group as the Fund or acting as service providers to the Fund.

Retention period
The Fund and the Administrator will retain all documentation provided by you in relation to your investment in the Fund for such period of time as may be required by MFSA legal and regulatory requirements, but not for less than six years after the period of your investment has ended or the date on which you had your last transaction with us.

Your data protection rights
Please note that you have the following rights under the GDPR. In each case, the exercise of these rights is subject to the provisions of the GDPR:

1. You have a right of access to and the right to amend and rectify your personal data.
2. You have the right to have any incomplete personal data completed.
3. You have a right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence; place of work or place of the alleged infringement if you consider that the processing of personal data relating to you carried out by the Fund infringes the GDPR.
4. You have a right to be forgotten (right of erasure of personal data).
5. You have a right to restrict processing.
6. You have a right to data portability.
7. You also have the right to object to processing where personal data is being processed for marketing purposes and also where the Fund is processing personal data for legitimate interests.

Failure to provide personal data
The provision by you of personal data, as outlined in the section titled “Purposes of processing and legal basis for processing” of the Fund’s Subscription Agreement document is required for us to accept your subscription application and manage and administer your holdings in the Fund and so that we can comply with the legal, regulatory and tax requirements referenced above. Where you fail to provide such personal data we will not be able to accept your application or to the extent that we do accept your application and the required personal data is not provided within the specified timeframe we may be required to discontinue our business relationship with you.