Oriens Capital Privacy Policy

Background

The purpose of the Oriens Capital Privacy Policy (the Policy) is to provide clear principles on how Oriens Capital manages the personal information of past and future investors and people involved in investments.

Objective: To provide clear, concise and appropriate principles and guidance on the management of personal information that arise for Oriens Capital, its directors, officers, employees, contractors, investors and representatives in relation to Oriens Capital business activities.

Scope: The Policy applies to all Oriens Capital directors and employees and contractors responsible for any functions which affect Oriens Capital investors or personnel involved in the investments, and their privacy.

Application: If the processes and guidelines in this Policy contradict or are inconsistent with the terms of the Fund establishment documentation, or applicable law or regulations, the terms of the Fund establishment documentation or legal obligations prevail.

  1. Introduction

    1. Oriens Capital is committed to protecting and respecting your privacy and complying with applicable privacy laws.
    2. This Policy, together with fund documentation, sets out how and what personal information iscollected, used, stored, and disclosed in relation to a third party’s relationship with Oriens Capital.
    3. This Policy has been designed to enable Oriens Capital to explain how it deals with personal information we hold about you and how this information is stored or accessed. The procedure is based on a system of holding information that is required by applicable law.
    4. This Privacy Policy may change from time to time. References to ‘we’, ‘us’, and ‘our’ in this Privacy Policy mean Oriens Capital and are deemed to include references to our employees, officers, directors, agents or delegates, where applicable.
  2. Definitions

    1. In this Policy, the following terms have the following meanings
      Fund means any fund managed by Oriens Capital from time to time.
      Oriens Capital means Oriens Capital Investment Management Limited, Oriens Capital Private Equity Fund LP, Oriens Capital Fund 2 LP, Oriens Capital GP Limited, Oriens Capital GP 2 Limited and their respective affiliates.
      Personal Information means information about an identifiable individual, as defined in the Privacy Act.
      Privacy Act means the Privacy Act 2020
  3. What Personal Information do we collect

    1. We may collect and process Personal Information such as an individual’s:
      1. date of birth,
      2. place of birth,
      3. nationality,
      4. gender,
      5. postal or residential address,
      6. email address,
      7. telephone number,
      8. driver’s licence,
      9. passport,
      10. source of wealth,
      11. bank account number
      12. Tax identification number,
      13. Tax residency status,
      14. Entity registration number,
      15. investment objectives,
      16. occupation,
      17. accounting and financial information relating to a person’s involvement in an Oriens Capital Fund or other investment; and
      18. accounting and financial information relating to an investor’s investment in Oriens Capital’s Funds.
    2. We collect Personal Information for the purposes set out in clause 5 (Purposes of collection).
  4. How we collect the Personal Information

    1. The Personal Information that we collect may be collected through various means, including through forms that are completed by you or in other communication with Oriens Capital such as face to face meetings, by phone or email. We may also collect Personal Information held about you from other agencies and individuals. Where practicable, we will advise you in advance of doing this and endeavour to obtain your permission beforehand. Please note the contents of these conversations with third agencies may be subject to requirements of confidentiality.”
    2. Personal Information is collected in several circumstances including:
      1. information that is provided to Oriens Capital in connection with an application to become an investor;
      2. documents containing your personal information (such as contracts, forms or public records or identification information for the purposes of confirming your identity under anti-money laundering and countering financing of terrorism (AML/CFT) laws.
      3. information that is provided to Oriens Capital in connection with an application for a business to be an investment of an Oriens Capital Fund;
      4. records of correspondence during face to face meetings, telephone discussions or email communications
      5. details of visits to an Oriens Capital website and the resources that are accessed through such websites.
    3. Through your use of an Oriens Capital website and or forms, we may collect information from one individual about another individual. If you provide Oriens Capital with Personal Information about someone else, you must make sure that you are authorised to disclose that information to Oriens Capital and that, without Oriens Capital taking any further steps required by applicable data protection or privacy laws, we may collect, use, store and disclose such information for the purposes described in this Policy.
    4. With reference to the above clause 4.3, you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, our identity, and how to contact us.
    5. Where requested to do so by us, you agree to assist Oriens Capital with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.
  5. Purposes of collection

    1. The purposes for which Personal Information may be used by Oriens Capital in and outside New Zealand include:
      1. as required by law, such as in connection with our obligations under AML/CFT and Inland Revenue (IRD) regulation;
      2. in connection with the operation of our business, including processing of applications, redemptions, transfers, deposits, payments, generating reports, and record keeping of investor accounts;
      3. carrying out our obligations arising from any contracts entered into between you and us;
      4. for statistical and research purposes (on an anonymised basis);
      5. providing you with alerts, newsletters or information;
      6. complying with laws and regulations applicable to Oriens Capital or any of our related companies (as defined in the Companies Act 1993) in or outside New Zealand;
      7. legal proceedings, including collecting overdue amounts and seeking professional advice;
      8. promoting and marketing services and products (subject to your exercise of the optout right in relation to receiving commercial electronic messages);
      9. notify you about important changes or developments to our functions, activities, services or our website;
      10. purposes directly related or incidental to the above; or
      11. for any other purpose authorised by you or permitted by law.
  6. Consequences if personal information is not provided or updated

    1. If you do not provide requested personal information, or if that personal information is incomplete or inaccurate, it may:
      1. contravene taxation, anti-money laundering, financial services licensing legislation or other applicable laws;
      2. prevent Oriens Capital from accepting your investment application; and/or
      3. prevent Oriens Capital from being able to contact you.
  7. Disclosure of the Personal Information

    1. We will only disclose your Personal Information in accordance with this Policy and the Privacy Act.
    2. We will keep Personal Information collected in connection with your investment in or involvement with Oriens Capital Funds confidential but may provide Personal Information to third parties where necessary or appropriate to facilitate the purpose for which information was collected pursuant to this Policy.
    3. We may disclose your Personal Information to Government entities and other external data providers that hold information about you in order to verify that the information provided by you is consistent with the records held by such entities for the purpose of complying with our AML/CFT and IRD obligations.
    4. We may disclose your Personal Information to our service providers who provide Oriens Capital with professional, financial, audit, legal, business, technology and corporate services, as necessary to administer our funds and enforce our rights and obligations;
    5. We will not otherwise disclose your Personal Information to a third party unless you have provided your consent.
    6. Personal Information may be disclosed between related companies and our personnel and those of our agents or delegates. Those related companies, personnel, agents and delegates will treat and handle such Personal Information in a manner consistent with this Policy and applicable laws.
  8. Security and protection of the Personal Information

    1. We may store your personal information in hard copy documents or electronically. We maintain physical security, such as locks and security systems, over our premises. We also use technology to maintain the security of our computer network and employ firewalls and other security measures such as passwords to control access to our computer systems. Where we store your personal information on computer servers maintained by third parties we ensure that those third parties use technology to keep your information secure.
    2. We may provide your Personal Information to third parties contracted by us in order to perform data storage and data processing services on our behalf. We will take all reasonable steps to ensure that these third parties comply with our instructions and do not use your Personal Information for any other purpose.
    3. Unfortunately, the transmission of information via the internet is not completely secure. Once we have received your Personal Information, we will use all reasonable procedures and security features to try to protect your Personal Information from misuse, loss, disclosure, and unauthorised access. However, by providing us with your Personal Information over the internet you acknowledge that the provision of that information is at your own risk, and that we cannot guarantee the security of such Personal Information.
  9. Where we store the Personal Information

    1. The intended recipient of your Personal Information is Oriens Capital.
    2. We may store your Personal Information on servers and services both within New Zealand and offshore (including third party cloud-based services and storage, such as Office365, Sharepoint, Dynamo and First AML).
    3. We may access and use that Personal Information in and outside New Zealand.
  10. Overseas disclosure of Personal Information

    1. We may disclose your personal information to for the purpose of complying with FATCA which may be located in overseas countries, including United States of America and Australia.
    2. Where we disclose your personal information to an entity located overseas, we will take reasonable steps to ensure that the overseas recipient of your personal information handles your personal information in accordance with the Privacy Act.
  11. Retaining the Personal Information

    1. Personal Information will be retained by Oriens Capital for a period of at least 5 years from the date of the relevant transaction, or the date of the end of the business relationship with the person or entity.
    2. Where we are not required to retain your personal information by law or to administer our relationship with you, we will take reasonable steps to destroy, delete or de-identify your personal information in a secure manner.
  12. Your consent and rights

    1. By making an application to become an investor or agreeing to be a person involved in an investment, you consent to the collection, storage, use, and disclosure of your Personal Information as outlined in this Privacy Policy.
    2. Under the Privacy Act, and other relevant law, Oriens Capital acknowledges that an investor, person involved in an investment, or an interested party have the right:
      1. to check whether Oriens Capital holds their Personal Information and to request access the Personal Information held by Oriens Capital;
      2. to request Oriens Capital to correct as soon as reasonably practicable any Personal Information relating to them that is inaccurate; and
      3. to object to the use of their Personal Information for marketing purposes and Oriens Capital agrees to not use their Personal Information for marketing purposes after they communicate their objection to Oriens Capital.
    3. It is your responsibility to let us know if the Personal Information which we hold about you needs to be corrected or updated. Oriens Capital, to the maximum extent permitted by law, will not be responsible, and will not accept any liability for any loss, cost, or expense arising from or in connection with, any inaccuracies in the Personal Information about you held by us resulting from any failure or neglect on your part to ensure the Personal Information held by us about you is accurate.
    4. By making an application to become an investor or agreeing to be a person involved in an investment, you consent to receipting commercial electronic messages from Oriens Capital (i.e. direct marketing), and agree that we are not required to include a functional unsubscribe facility in such direct marketing messages. You may at any time exercise your right to opt-out from receiving non-essential communications by notifying our Finance Manager that you wish to opt-out from the use of your Personal Information for direct marketing purposes.
  13. Role and responsibilities

    1. The Finance Manager is Oriens Capital’s nominated Privacy Officer and is responsible for this Policy.
    2. The Policy will be reviewed annually or more frequently should circumstances require it.
  14. Contacting us and complaints process

    1. If you have any questions about the privacy or security of your Personal Information, would like to request access to or correction of your Personal Information, or if you have a concern about a breach of privacy or a privacy complaint, please contact Oriens Capital here: david.bell@orienscapital.co.nz
    2. Oriens Capital will deal with any privacy complaint(s) by investigating the complaint(s), and providing a response to the complainant within 20 working days, provided that we have all necessary information and have completed any investigation required. In cases where further information, assessment or investigation is required, Oriens Capital will seek to agree alternative time frames with you.
    3. Oriens Capital will, in the event of a privacy breach, comply with our obligations under the Privacy Act 2020 to notify you, where required by law the Office of the Privacy Commissioner, and where reasonably necessary our professional and legal advisors and law enforcement. The Personal Information held by us about you, including your contact details, may be used for the purposes of these communications.

This policy was approved by the board of Oriens Capital Investment Management Limited on 6 July 2022

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