Privacy Policy – Coerator Investment Advisors Ltd

1 Our Commitment to Your Privacy

1.1 Coerator Investment Advisors Ltd (the Company collectively, "we" or "us" or ''our'') are sensitive to the privacy concerns of our clients and our obligations with respect to data collected under applicable laws including, without limitation, the European Union's Regulation 2016/679, the General Data Protection Regulation (GDPR) and the Cayman Islands Data Protection Act (as amended), (DPL), (GDPR and DPL together, Data Protection Act). We have a policy of protecting the confidentiality and security of information we collect about you. We are providing you this notice to help you better understand what kinds of information we collect about you, the purposes for which information is intended to be processed and the circumstances in which that information may be disclosed to third parties. By submitting documents or any Personal Data to the Company, you acknowledge and consent, to the maximum extent permitted by applicable law, that we may collect, use, disclose and share your Personal Data (as defined below) on the terms described in this privacy policy notice (Privacy Policy Notice).

2 Who is Covered by the Privacy Policy Notice?

2.1 This Privacy Policy Notice applies to living natural persons who are investors, clients or customers of ours, including prospective, current and former clients of the Company (each such person, "you").
2.2 Personal Data may be collected from you by us through a variety of channels, including through your investor questionnaire, subscription documentation, as well as through ongoing communications by mail, e-mail, telephone or via the website of the Company.

3 Personal Data

3.1 In connection with forming and operating our Company, we collect and maintain non-public personal information of living individuals (Personal Data) from the following sources:

(a) information we receive from you in conversations over the telephone, in voicemails, through written correspondence, via e-mail, in subscription agreements, investor questionnaires, applications or other forms;

(b) information about your transactions with us or others; and

3.2 Such Personal Data may include, but is not limited to, your name, contact details, identification documents, addresses, tax identification numbers, and source of funds details.

4 Purpose of Collection of Personal Data

4.1 You have provided us (or will provide us from time to time) with Personal Data in connection with and for the purposes of managing your personal wealth and investments, including:

(a) Our acceptance, administration and management of your investment as your investment advisor,

(b) Administration, operation and management of your investments, including purchase, transfer, disposal or other transactions relating to any shares or any interest in any of the assets which may be acquired as part of your investments, the management thereof, enabling or facilitating the Company's performance of its functions and services, and all purposes incidental thereto;

(c) Monitoring or recording any communications between you on the one part and us on the other part including telephone calls, for the purpose of verifying instructions, analysing, assessing and improving services, training and quality purposes, security and the prevention and detection of crime, or submitted in evidence in any proceeding to which this privacy notice or holding of shares in investments may relate;

(d) Verification and background checks, including Know-Your-Customer checks, customer due diligence, credit checks, and such other checks as may be necessary in compliance with applicable laws, as well as managing and recovering debt;

(e) Archival of documents and records in both electronic and physical form for record keeping purposes, maintaining records of customer instructions, whether through phone recordings, hard copy documents, soft copy documents, instructions given via electronic means or SMS instructions;

(f) Conducting financial reporting and analysis related to the Company’s operations;

(g) Complying with the Company's policies and procedures;

(h) Preventing, detecting and investigating crime, including fraud, money laundering, terrorism and proliferation financing and any other form of financial crime, and analysing and managing other commercial risks;

(i) Compliance with any applicable rules, laws and regulations, codes of practice, guidance or guidelines, including, without limitation, compliance with laws and regulations (local and foreign) which may apply to the Company, or to assist in law enforcement and investigations by relevant authorities; and

(j) Subject to applicable law, any other purposes set out in the investment advisory agreement and any other documentation between you and us, (collectively, Purposes).

4.2 To the extent that the Personal Data of any individual is disclosed on behalf of a person other than yourself to us in the investment advisory agreement or any other relevant document for the purposes of purchasing shares or other assets, you hereby warrant and undertake that the relevant consents required under all applicable data protection legislation (including without limitation the Data Protection Act) have been obtained for the disclosure of their Personal Data to us or the Company and the subsequent use and disclosure of their Personal Data by the Company for the purposes set out in this Privacy Policy Notice.
4.3 You also agree and acknowledge that the withdrawal of any consent provided to us hereunder relating to any Personal Data may result in our being unable to administer or manage your account with the Company, or otherwise provide our services to you. In such event, we shall have the right to terminate your account and/or the investment advisory agreement, without prejudice to our rights and remedies against you in respect of any loss or damage arising in connection with such termination.
4.4 If you withdraw any consent provided to us, you agree and acknowledge that we may retain information provided to us in order to comply with our ongoing legal and regulatory obligations

5 Disclosure of Personal Data

5.1 Except as described below, we do not disclose Personal Data to affiliates or to non-affiliates.
5.2 We do, or may, disclose Personal Data to third parties for the Purposes, including, any affiliates of the Company, any securities administrator and/or any investment manager associated with your actual or proposed investments and as may be required by law or for everyday business purposes, such as to process transactions, maintain account(s), for the purposes of operating or administering your investments, or to respond to court orders and legal investigations. We also provide such information to our attorneys, banks, auditors, securities brokers, exchanges, markets, trading platforms, clearing houses and other similar institutions, any person to whom the Company is under an obligation to make disclosure to under the requirements of any law binding on the Company or under and for the purposes of any guidelines issued by any regulatory or other authorities with which the Company is expected to comply and service providers which provide services to the Company, such as telecommunications, information technology, payment, data processing, training, storage, archival, trade execution or other services as may be necessary to facilitate the acceptance, management and administration of your investments and to enable them to perform services on our behalf (such persons collectively, Authorised Processors).
5.3 In addition, in the event of any actual or prospective restructuring, sale or acquisition of any company or assets of the Company, we may also disclose Personal Data to any third party in connection with any such restructuring, sale or acquisition, actual or prospective.
5.4 In addition, where you have (at any time) provided us with your specific consent in accordance with applicable data protection laws and regulations, we may also provide certain of your Personal Data (including but not limited to your name, address, telephone number, tax status, tax identification number, or financial condition information) to third-parties, such as broker-dealers engaged in marketing activities on our behalf, such as the solicitation of your investment in securities managed or advised by the Company.

6 International Transfer of Personal Data

6.1 The disclosure of Personal Data to third parties as set out above may involve the transfer of Personal Data to the United States of America and other jurisdictions outside the Cayman Islands and/or the European Economic Area (EEA). Such countries may not have the same data protection laws as your jurisdiction and the Company has, inter alia, authorised the Authorised Processors as agents to ensure the transfer of Personal Data by the Authorised Processors outside the EEA is subject to a contract incorporating standard contractual clauses in the form adopted by the European Commission under Decision 2010/87/EU, Decision 2004/915/EC or an equivalent or replacement decision (and such transfer occurring to countries outside of the EEA is only carried out if the EU has approved such countries as having equivalent data protection laws in place.

7 Security of Personal Data

7.1 We take our responsibility to protect the privacy and confidentiality of your Personal Data very seriously. We maintain appropriate physical, electronic and procedural safeguards to store and secure your Personal Data from unauthorised access, alteration and destruction. Our control policies, for example, authorise access to investor information only by individuals who need such access to do their work.

8 Access to Personal Data

8.1 All individual clients have the right of access to, and to update, all their records (whether held on computer files or manually) held by us. A copy of such record will be provided to a client who requests it, upon the payment of a modest administration charge to cover the costs of complying with such request. Requests should be made in writing to the Company.

9 Data Subject Rights

9.1 You have various rights in relation to your Personal Data, including the following:

(a) The right to obtain information regarding the processing of your Personal Data and access to the Personal Data which the Company holds about you;

(b) The right to withdraw your consent to the Company’s processing of your Personal Data at any time, if relevant. Please note, however, that the Company may still be entitled to process your Personal Data if it has another legitimate reason (other than consent) for doing so;

(c) In some circumstances, the right to receive some Personal Data in a structured, commonly used and machine-readable format and/or request that the Company transmit that data to a third party where this is technically feasible. Please note that this right only applies to Personal Data which you have provided to the Company;

(d) The right to request that the Company rectifies your Personal Data if it is inaccurate or incomplete;

(e) The right to request that the Company erases your Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Data but the Company is legally entitled to retain it;

(f) The right to object to, and the right to request that the Company restrict, its processing of your Personal Data in certain circumstances. Again, there may be circumstances where you object to, or ask the Company to restrict, its processing of your Personal Data but the Company is legally entitled to continue processing your Personal Data and/or to refuse that request;

(g) The right to object to us using your personal information for direct marketing purposes;

(h) The right to ask us not to subject you to automated decision making that uses your Personal Data; and

(i) The right to lodge a complaint with the Ombudsman in the Cayman Islands or the local data protection regulator if you think that any of your rights have been infringed by the Company.

9.2 The Company will respond to your request in writing, or orally if requested, as soon as practicable and in any event not more than within one (1) month after of receipt of your request. In exceptional circumstances, the Company may extend this period by two (2) months and will tell you the reason behind the extension. Additionally, the Company may request proof of identification to verify your request.

10 Further Information

10.1 We reserve the right to change our privacy policies and this Privacy Policy Notice in accordance with the investment advisory agreement.

11 Who to contact with questions

11.1 If you have any questions about this Privacy Policy Notice, please contact Phillip Harrison, Managing Director at [email protected].