Privacy Policy

Cordiant Capital Website General Terms And Conditions Of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SITE.

This website (this “Site”) is provided by Cordiant Capital Inc. (“Cordiant”) conditional on your acceptance of the terms and conditions set forth below (the “Terms and Conditions”). By accessing, using and/or downloading materials from this Site, you agree on your own behalf and on behalf of each entity on whose behalf you act to accept and abide by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, do not use this Site or download or use materials from it.

The materials and information on this Site are communicated by Cordiant, and are only to be accessed and viewed by limited categories of persons in Canada and in other jurisdictions who satisfy certain criteria.

Important information for persons in Canada

This Site includes materials and information (the “Site Information”) on issuers whose securities cannot be marketed in Canada to the general public. Accordingly, the Site Information is directed only to those persons that qualify as “accredited investors” under National Instrument 45-106 (“NI 45-106”) adopted by the Canadian Securities Administrators. Any trade or trade activity to which this Site relates is only available to such persons or will be engaged in only with such persons, and this communication must not be acted upon by persons other than those referred to above. Expressions of interest resulting from the Site Information will only be responded to if received from accredited investors under NI 45-106. Persons of any other description should not rely on or act upon the materials and information on this Site. No securities commission or similar regulatory authorities in Canada has reviewed or in any way passed upon the Site, the Site Information or the merits of the securities described herein and therein, and any representation to the contrary is an offence.

Important information for recipients in other jurisdictions

The Site Information may be restricted in certain jurisdictions and no person in any such jurisdiction may treat this Site as constituting an offer, invitation or inducement to them to enter into any investment agreement or purchase any security referred to in such Site Information, unless in the relevant jurisdiction such an offer, invitation or inducement could lawfully be made to them. Accordingly, this Site does not constitute an offer, invitation or inducement by anyone in any jurisdiction in which such offer, invitation or inducement is not lawful or in which the person making such offer, invitation or inducement is not qualified to do so or to anyone to whom it is unlawful to make such offer, invitation or inducement. No securities commission or similar regulatory authorities has reviewed or in any way passed upon the Site, the Site Information or the merits of the securities described herein and therein, and any representation to the contrary is an offence. It is the responsibility of any persons who wish to express an interest in any of the Site Information to inform themselves of, and to observe, all applicable laws and regulations.

Changes to this site or the terms and conditions

Cordiant reserves the right, at any time, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part. Such changes will be effective immediately upon notice thereof posted at this Site. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will be considered acceptance of the Terms and Conditions as changed.

Cordiant may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any information or features, at any time without notice or liability. Cordiant may similarly add, remove, modify or otherwise change any content, including that of third parties, on or from this Site. Cordiant may also restrict your access to parts or all of this Site without notice or liability.

Limited license and copyright

This Site, including all text, design, graphics, drawings, photographs, or images thereon and the selection and arrangement thereof, is the property of Cordiant and protected by Canadian and worldwide copyright laws and treaty provisions.

Unless otherwise noted in a particular document, Cordiant hereby authorizes you to electronically copy or print in hard copy any document published by Cordiant on the Site solely for your internal reference purposes within your organization or personal use only. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of Site Information provided by Cordiant without prior written approval from Cordiant is strictly prohibited. Except as expressly provided herein, Cordiant does not grant any express or implied right or license to you under any intellectual property right of Cordiant or any third party including under any patent, trademark, copyright, trade secret, or confidential or proprietary information of Cordiant or such third party.

Trade-marks

The company names and logos of Cordiant used on this Site may be trade-marks, including registered or unregistered trade-marks of Cordiant. Such company names and logos of Cordiant may not be copied, imitated or used, in whole or in part, without the prior written consent of Cordiant. Other company names and logos mentioned or appearing on this Site or in documents available through this Site may be the trade-marks of their respective owners, the use of which may require their prior written consent.

Security

Although Cordiant may provide certain security in an effort to protect the electronic transmission of the information that you may submit to Cordiant through this Site, Cordiant does not guarantee the security of any information transmitted to or from this Site.

User conduct

You may not, you agree not to, and you may not allow others to, directly or indirectly use or attempt to use another’s account, service or system without authorization from Cordiant, or use a false identity on this Site or attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site or from your computer, and that you will comply with all applicable laws that relate to your use or activities on this Site or in respect of the information and materials available on the Site.

Where they have been issued to you, it is your responsibility to maintain the security and confidentiality of your password and login details. You must inform us as soon as reasonably practicable if you suspect that your password or login details are known by or available to any third party. You agree that, if you inform us of any suspected disclosure of your password and login details, we may take such steps as we consider may be reasonably necessary in the circumstances (including, without limitation, canceling your existing password and login details and issuing a new password and login details to you).

E-mail communications

Please be aware that e-mail communications are subject to the risk of data corruption and other transmission errors. Cordiant makes no warranty as to the accuracy or completeness of any information contained in its e-mail communications and hereby excludes any liability of any kind for the information contained herein or for the transmission, reception, storage or use of such information in any way whatsoever. Unless otherwise specifically stated no legally binding commitments are created by e-mail communications from Cordiant. E-mail communications from Cordiant are each intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received an e-mail from Cordiant in error, or are not named as a recipient thereon, you must not copy this e-mail or disclose any information contained therein. Please immediately notify the sender and destroy all copies of such e-mail. Any opinions expressed in such e-mail are those of the author and do not necessarily reflect the opinions of Cordiant.

Links and third party content

As convenience to its users, this Site provides hypertext links to other websites and Internet addresses which contain information created, published, maintained or otherwise posted by other entities. Cordiant does not endorse, sponsor, recommend, approve, certify or exercise control over such third parties, the linked third party sources or any content, services or products available on or through such third party sources. You agree that Cordiant shall not have any liability whatsoever to you for any such linked third party sources or any content, services or products available on or through such third party sources.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Cordiant shall not have any liability whatsoever to you for any such third party material, data or information.

The Cordiant Privacy Policy (see below) is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between Cordiant and you with respect to your use of this Site.

Important information for persons in Luxembourg/EU:

Privacy Policy

Data protection statement of Cordiant Luxembourg S.A.

Cordiant Luxembourg S.A. understands the importance to your privacy and wants to fully respect your privacy and treat your personal data as safely and confidentially as possible. In this data protection statement, we explain which personal data we process and why we do so.

What entity is collecting the data and who should you contact with questions?

Cordiant Luxembourg S.A. located at 20, Boulevard Emmanuel Servais, Luxembourg

The company is deemed a “Controller” under the General Data Protection Regulation (“GDPR”) and is responsible for determining the purpose and the means of processing your personal data and declares that it complies with national privacy laws as well as the provisions of the General Data Protection Regulation (GDPR).

In case you have any additional questions or want more information, you can always contact us at info@cordiantcap.com or send a letter to this registered address.

Purpose of the processing

The processing of Personal Data may be made for the following purposes (the “Purposes”):

For the performance of the contract to which the investor is a party or in order to take steps at the (prospective) investor’s request before entering into a contract
For compliance with legal and/or regulatory obligations
For the purposes of the Fund’s legitimate interests
For any other specific purpose to which the Data Subject has consented

Disclosure of personal data to third parties

Personal Data may be transferred by the Data Controller, in compliance with and within the limits of the Data Protection Laws, to its delegates, service providers or agents and/or to the Fund’s service providers or agents such as (but not limited to) the Fund’s alternative investment fund manager, the Fund’s administrative, domiciliary, registrar and transfer agent, other entities directly or indirectly affiliated with the Fund or the Data Controller and any other third parties who process the Personal Data (on the Fund’s behalf) in the provision of their services to the Fund, acting as data processors (collectively hereinafter referred to as “Processors”) Mitsubishi UFJ Investors Services & Banking (Luxembourg) S.A. (“MUFG”) is deemed a data processor on behalf of the Data Controller.

Such Processors may in turn transfer Personal Data to their respective agents, delegates, service providers, affiliates, such as (but not limited to) certain entities of MUFG Group, acting as sub-processors (collectively hereinafter referred to as “Sub-Processors”)

Personal Data may also be shared with service providers, processing such information on their own behalf as data controllers, and third parties, as may be required by applicable laws and regulations (including but not limited to administrations, local or foreign authorities (such as competent regulator, tax authorities, judicial authorities, etc.))

Personal Data may be transferred to any of these recipients in any jurisdiction including outside of the European Economic Area (“EEA”). The transfer of Personal Data outside of the EEA may be made to countries ensuring (based on the European Commission’s decision) an adequate level of protection or to other countries not ensuring such adequate level of protection. In the latter case, the transfer of Personal Data will be protected by appropriate or suitable safeguards in accordance with Data Protection Laws, such as standard contractual clauses approved by the European Commission. The Data Subject may obtain a copy of such safeguards by contacting the Data Controller.

How long is the data kept?
The data is kept until we receive a request to erase it.

How can a data subject contact Cordiant Luxembourg to exercise their rights in respect to the personal data held?
GDPR provides data subjects with the right to update or correct data, receive details of personal data held, ask for the personal data to be erased, etc. Any of these requests should be sent to info@cordiantcap.com

Cordiant Luxembourg will respond to an access request as soon as possible and no later than within 30 days of the request.

Right to lodge a complaint with the regulator (Data Protection Authority)?
The Luxembourgish « Commission Nationale pour la Protection des Données » could be contacted via their website, www.cmpd.lu, in case you have concerns about Cordiant Luxembourg S.A.’s information rights practices.

Data protection statement of Cordiant Luxembourg S.A.

MUFG acts as processor to all personal data linked to Cordiant Luxembourg S.A. In case you have any additional questions or want more information, you can always contact the data protection team at MUFG via email at dataprotection_mufglm@lu.tr.mufg.jp or send a letter to the address:

MUFG Lux Management Company S.A.
287-289, route d’Arlon
L-1150 Luxembourg
Grand-Duché de Luxembourg

Complaint procedure of Cordiant Luxembourg SA

Cordiant Luxembourg SA, under the terms of its regulatory license and in accordance with CSSF regulation n° 16-07 of 26 October 2016 is required to make available its procedures regarding complaints. These procedures can be found here.

DISCLAIMER OF WARRANTIES: The information published on the Site is provided for general information purposes only and should not be used as a basis for making investment or business decisions. No information (including without limitation any information describing our investment portfolio) or opinion expressed in the Site is intended or should be regarded as an offer, invitation, inducement or as a solicitation of an offer by us or any of our affiliate companies to you or any person to buy, sell or otherwise deal in any particular investment, or otherwise make any investment or divestment or to engage in investment activity. In providing such information we are not issuing, promulgating or providing any financial or other advice to you or any person.

While every effort is made to keep this Site current and accurate, the information and materials accessible through this Site may contain inaccuracies and typographical errors. Cordiant makes no representations or warranties about the accuracy, adequacy, usefulness, timeliness or completeness of the information or materials accessible through this Site, or the reliability of any statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. Cordiant reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. This Site, the information and materials made available through this Site are provided “as is” without any representation, warranty or condition of any kind, express or implied, written or oral, including without limitation the implied warranties or conditions of title, non-infringement, merchantability and fitness for a particular purpose, and those arising by statute or otherwise by law or from a course of dealing, course of performance or use of trade. Cordiant does not warrant that this Site will operate without interruptions or that it will be error-free, that defects will be corrected or that the Site or that the server(s) which makes the Site available are free of viruses or other harmful components.

LIMITATION OF LIABILITY: In no event shall Cordiant be liable to you or any third party for any direct, indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation any loss of profit or revenue, failure to realize expected savings, loss of information, programs or data, loss of goodwill or interruption of activities, whether related to your use or inability to use the Site or the information or materials obtained through this Site or related to these Terms and Conditions, even if Cordiant had been advised of the possibility of such damages. In no event shall the aggregate liability of Cordiant exceed one hundred dollars ($100), regardless of the cause of action.

INDEMNITY: You agree to indemnify, defend and hold harmless Cordiant, its successors and assigns and the shareholders, directors, officers, employees and agents of each of them with respect to any claim, demand, loss, cause of action, debt or liability, including reasonable legal and consultant’s fees resulting from any actions and communications undertaken or transmitted in the course of your usage of this Site or the Site information or materials or your breach of these Terms and Conditions.

CHOICE OF LAW: These Terms and Conditions shall be deemed to have been made and performed exclusively in Quebec and shall be governed by and construed under the laws of Quebec and the laws of Canada applicable therein, without giving effect to any conflicts of law rules. You agree and consent to submit to the exclusive jurisdiction of the courts of the District of Montreal, Province of Quebec for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against Cordiant (or any officer, director or employee thereof) in any other jurisdiction.

GENERAL: Cordiant’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

Privacy Policy

This Privacy Policy governs the manner in which Cordiant Capital Inc. (“Cordiant”) collects, uses, maintains and discloses personal and/or non-personal information regarding users (each, a “User”, and collectively, “Users”) of the www.cordiantcap.com website (“Site”).

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

To the extent Cordiant collects personal identification information, it is solely for the reason and use as delineated below under the caption “How we use collected information”. Cordiant will not share this information with any third party except as described under the caption “Google Analytics” below. By voluntarily providing any personal identification to Cordiant via use of this Site, a User shall be deemed to have provided consent to Cordiant’s collection of such information, and the limited uses of same by Cordiant as described herein. Users have the right to access any personal identification information and non-personal identification information which is collected by Cordiant. In order to exercise this right, a User should contact Cordiant as set out below under the caption “Contacting us”.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. We may also collect non-personal identification information from third-party databases that you have voluntarily submitted to. Non-personal identification information may include, but is not limited to, your e-mail address at work, the browser name, type of computer and other technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert them when cookies are being sent. If they choose to set their web browser to refuse cookies, they are advised that certain parts of the Site may not function properly or be available to them.

Google Analytics

This Site uses Google Analytics to help analyze how Users use the Site. The information generated by the cookie about a User’s use of the Site (including IP address) is transmitted to Google. This information is then used to evaluate a User’s use of the Site and to compile statistical reports on Site activity for Cordiant.

Cordiant will not (and will not allow any third party to) use the statistical analytics tool to track or to collect any personal identification information of Users to its Site. Cordiant understands it is Google’s policy not to associate a User’s IP address with any other data held by Google. Cordiant will not link, or seek to link, an IP address with the identity of a User and Cordiant understands this to be Google’s policy as well. Cordiant will not associate any data gathered from this Site with any personal identification information from any source, unless you explicitly submit that information via a fill-in form on its Site.

How we use collected information

Cordiant may collect and use information to send Users automated e-mail messages regarding its services. The e-mail messages may contain web beacons and other features that help Cordiant confirm that a User received and was able to open the message. A User may opt out of receiving such marketing e-mail messages at any time by sending a message with “unsubscribe” in the subject line to contact@cordiantcap.com or by following the instructions in any marketing communication.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, or other data stored on our Site.

Changes to this privacy policy

Cordiant has the discretion to update this privacy policy at any time. We encourage you to frequently check this page for any changes to stay informed about how Cordiant is helping to protect the personal information it collects. By using this Site, you acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Person Responsible for the Protection of Personal Information

You have the right to consult your personal information and to make changes to it, if necessary. Cordiant Capital has appointed Tony Galasso, Chief Compliance Officer, to be its Privacy Officer. He can be reached at:

tgalasso@cordiantcap.com
Suite 2800
1002 Sherbrooke St. W
Montreal, QC
H3A 3L6, Canada

This document was last updated on September 21, 2022.