PRIVACY POLICY

This privacy policy (this “Privacy Policy”) explains the manner in which Qapture Investments (BVI) Ltd (“Qapture”, “we”, “us” or “our”) collects, uses, discloses and otherwise processes personal data about you pursuant to the Data Protection Act, 2021 of the British Virgin Islands and any regulations, codes of practice or orders made under it (the “Data Protection Act”). It applies to visitors to and users of our website at www.qapture.io and any related pages, applications and services (the “Website”), and to our clients and prospective clients. Qapture is committed to processing personal data in accordance with the Data Protection Act. In its use of personal data, Qapture is characterised under the Data Protection Act as a “data controller”, while certain of our service providers, affiliates and delegates may act as “data processors”.

Who this Privacy Policy concerns. For the purposes of this Privacy Policy, “you” or “your” means any individual whose personal data we process, including any visitor to or user of the Website and any client or prospective client (a “Client”), and, where a Client is a corporate entity, nominee or other arrangement, any individual connected with it, including any person owning or controlling it, having a beneficial interest in it, any person for whom it acts as agent or nominee, any trustee, settlor or protector of a trust, and the directors, managers, members, officers and employees of such persons. If you are a nominee or a corporate entity, this Privacy Policy is relevant to those connected individuals and you should transmit it to them for their awareness.

1. Personal data we collect

“Personal data” means data from which a living individual can be directly or indirectly identified. Depending on how you interact with us, we may collect and process the following categories of personal data:

• Identity and contact data: name, title, date of birth, age, gender, nationality, photograph, national identification or passport number, username, email address, residential and postal address, and telephone, mobile or fax number;
• Onboarding, due diligence and financial data: information provided through onboarding forms, investor questionnaires and know-your-client, client due diligence, anti-money laundering, counter-terrorist financing and sanctions checks, including source of wealth and funds, personal assets, income details, bank and wallet account information, tax identification number, financial and investment qualifications, power of attorney information, employment history and employer details, and data obtained from standard criminal-record and screening checks;
• Account and transaction data: information relating to your Account and the services provided to you, including instructions, holdings, valuations, transactions, statements and correspondence;
• Technical and usage data: information collected automatically when you use the Website, including IP address, geolocation data, device and browser information, and information about how you access and use the Website, collected through cookies and similar technologies; and
• Marketing and communications preferences, and any other personal data contained in your communications with us.

Where data is aggregated with other data such that an individual can be identified (for example, an IP address together with geolocation data), it is treated as personal data.

2. How we collect personal data

We collect personal data: (a) directly from you, including through completion of onboarding and subscription forms, investor questionnaires and identification and verification documentation, and information you provide in writing, in person, by telephone (which may be recorded), by email, electronically or by any other means; (b) automatically, when you access or use the Website, through cookies and similar technologies; and (c) from third parties and public sources, including credit reference agencies, public databases, news and other media sources, and international sanctions lists. We may combine personal data that you provide with personal data we collect from or about you.

3. Why we process your personal data and our lawful bases

Your personal data will be processed fairly and for lawful purposes, including:

Where processing is necessary to perform a contract with you, or to take pre-contractual steps at your request:

• to onboard you and open, operate and administer your Account on an ongoing basis;
• to provide the investment management services, execute and settle transactions, and process allocations, withdrawals, payments and distributions;
• to maintain records, send you statements and reports in relation to your Account, and otherwise administer the relationship between you and us; and
• to facilitate the continuation or termination of our contractual relationship.

Where processing is necessary for compliance with a legal, tax or regulatory obligation to which we are subject:

• to undertake client due diligence and onboarding checks, and know-your-client, anti-money laundering, counter-terrorist financing, proliferation-financing and sanctions screening of clients (and, where applicable, their controllers and beneficial owners);
• to comply with requests from regulatory, governmental, tax and law enforcement authorities, to prevent and detect fraud, to conduct surveillance and investigations, and to carry out audits;
• to comply with FATCA, the Common Reporting Standard and comparable legislation, and with applicable sanctions and embargo laws; and
• to maintain statutory registers and records.

Where processing is for the purposes of our or an authorised recipient’s legitimate interests:

• to operate, secure and improve the Website and our services, and to protect the security and integrity of our IT systems;
• to assess and process your requests, correspond with you, and send you updates, information and notices in connection with your Account;
• to verify our identity to third parties in connection with actual or proposed dealings, to manage risk, to ensure internal compliance with our policies, and to seek professional advice;
• to investigate complaints and to establish, exercise or defend legal claims, proceedings or disputes; and
• to facilitate a business or asset transaction involving Qapture or a related entity.

Where you otherwise consent to the processing for a specific purpose.

As a data controller, we will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need it for another compatible purpose. If we need to use it for an unrelated purpose, we will contact you.

4. Cookies and similar technologies

The Website may use cookies and similar technologies to enable core functionality, to remember your preferences, to maintain security, and to estimate audience size and understand usage patterns. You can set your browser to refuse some or all cookies or to alert you when cookies are being sent; however, some parts of the Website may not function properly without them. Where required by applicable law, we will seek your consent before placing non-essential cookies.

5. Disclosure of personal data

We may share your personal data with: our affiliates, delegates and service providers, including the third-party digital asset custodian that holds assets in your Account, administrators, technology and infrastructure providers, and screening and verification providers (together, “Authorised Entities”); our professional advisers, including auditors, legal counsel and tax advisers; and other persons where it is lawful and necessary or desirable to comply with our contractual obligations or your instructions, or with any regulatory reporting obligation. In exceptional circumstances, we may share your personal data with regulatory, prosecuting and other governmental agencies, and with parties to litigation (whether pending or threatened), in any country, or with any other person where we have a public or legal duty to do so (for example, to assist in detecting and preventing fraud, tax evasion and financial crime, or to comply with a court order). It may also be necessary to share personal data with a prospective service provider (including one replacing an existing provider) or in connection with a potential or actual corporate restructuring, merger, acquisition or takeover.

We will not sell your personal data.

6. International transfers

Any transfer of personal data outside the British Virgin Islands will be made in accordance with the requirements of the Data Protection Act. Where necessary, we will put in place separate and appropriate legal agreements with the recipient of the data. For example, where data is to be transferred to a person in a country that does not provide an adequate level of data protection, we will put in place appropriate safeguards, such as contracts that seek to ensure the recipient is contractually bound to provide an adequate level of protection and that any such transfer complies with the Data Protection Act.

7. Data security

We use physical, electronic and administrative measures designed to protect personal data from accidental loss and from unauthorized access, use, alteration and disclosure. However, the transmission of information via the internet is not completely secure, and we cannot guarantee the security of personal data transmitted to or through the Website; any such transmission is at your own risk.

8. Retention of personal data

We will retain personal data for as long as necessary to fulfil the purposes for which it was collected, including to satisfy any legal, regulatory, tax, accounting or reporting requirements, and in accordance with our data retention policy. Where personal data is no longer required, we will delete or anonymise it in accordance with applicable law.

9. Your rights

You have certain rights under the Data Protection Act, including:

• the right to be informed, upon request, of whether and how your personal data is being processed, the personal data concerned, any available information as to its source, the classes of third parties to whom it may be disclosed, whether it is obligatory or voluntary for you to supply it and the consequences of not doing so, and how to contact us with inquiries or complaints;
• the right to withdraw your consent, and to require us to stop or restrict, or not begin, the processing of your personal data;
• the right to have inaccurate or incomplete personal data corrected;
• the right to require us to stop processing your personal data for direct marketing; and
• the right to complain to the Information Commissioner of the Virgin Islands.

Please note that if you do not wish to provide requested personal data, or you subsequently withdraw your consent, you may not be able to become or remain a Client, as it will affect our ability to provide our services to you and manage your Account.

10. Individuals in other jurisdictions

The Website is not directed at any person in any jurisdiction where its availability would be unlawful, and Qapture does not solicit clients in any particular jurisdiction. If you access the Website from outside the British Virgin Islands, you do so on your own initiative and are responsible for compliance with local law. Where the data protection laws of another jurisdiction apply to our processing of your personal data, you may have additional rights under those laws; to exercise any such rights, or to ask which apply to you, please contact us using the details below.

11. Changes to this Privacy Policy

We may update this Privacy Policy from time to time by posting the updated version on the Website. We encourage you to review this Privacy Policy regularly so that you are always aware of how we collect, use, store and disclose personal data.

12. Contact us

Please contact us if you have any questions about this Privacy Policy, the personal data we hold about you, or to discuss your data protection rights: Qapture Investments (BVI) Ltd — Daniel Pye / info@qapture.io / 1st Floor, Irvine's Place, 159 Main Street, P.O. Box 2132, Road Town, Tortola, BVI, VG1110.