Website Data Protection Policy and Privacy Notice

This is the website data protection policy and privacy notice (“Policy”) for AncoraOak (as defined below). This Policy applies to users of the Websites (as defined below).

At AncoraOak, we respect your privacy and this Policy, together with our Website Terms of Use which can be found here and our Cookie Policy which can be found here, governs how AncoraOak collects, processes (as defined below) and uses your Personal Data (as defined below) when you use the Websites (as defined below). For the purposes of applicable laws and regulations relating to data protection and privacy (“Data Protection Legislation”) AncoraOak acts as a controller in respect of your Personal Data.

This Policy may change from time to time and you should review it periodically.

This Policy was last updated in February 2023.

The following definitions shall apply to this Policy:

“AncoraOak”, “we”, “us”, “our” means one of AncoraOak Asset Management Inc., or any AncoraOak group entity to which this Website relates.

“Personal Data” has the meaning given to it or any similar term (e.g., “personal information”, “nonpublic personal information”, “PII”, “personally referable information”) in applicable Data Protection Legislation and for the avoidance of doubt means any information which directly or indirectly identifies or otherwise relates to a living individual, which is in the possession or under the control of AncoraOak (or its representatives or service providers). Such Personal Data may include, without limitation, the name, age, identification number, email address, address, telephone number, location data, financial data, or online identifier of that individual. In addition to factual information, such Personal Data includes any expression of opinion about a living individual and any indication of the intentions of AncoraOak or any other person in respect of a living individual.

“Sensitive Personal Data” has the meaning ascribed to this or any similar term provided by applicable Data Protection Legislation (e.g., “sensitive personal information”, “sensitive data”, “special categories of personal data”).

“Websites” means AncoraOak websites that link to this Policy unless such websites have their own data protection policy and privacy notice.

If you are a AncoraOak employee or a AncoraOak investor, AncoraOak’s policies and practices regarding the collection and processing of your Personal Data are detailed in AncoraOak’s Employee and Personnel Data Protection Policy and Privacy Notice and Investor Data Protection Policy and Privacy Notice, respectively. If you make an application for employment with AncoraOak, the collection and processing of your Personal Data is detailed in AncoraOak’s Applicant Data Protection Policy and Privacy Notice, which will be provided to you via our applications partner website before you submit your application.

For all other individuals, AncoraOak may collect and process the following categories of Personal Data about you from the sources identified as follows:

a) Websites Data. We may collect and process Personal Data about you when you browse the Websites. Websites Data may include information submitted as part of completing online forms on the Websites (including, but not limited to, name, age, date of birth, e-mail address, address, telephone number, identification number, online identifier, location, gender, nationality, citizenship and contact information); and technical information collected by cookies (see below) about the services that you use and how you use them, which may include device-specific information, your navigation throughout the Websites, and other technical and browsing preferences including your location and entry point to the Websites. Please note that if you do not provide certain Personal Data to AncoraOak when requested (and where relevant, provide your consent) we may not be able to provide you with access to all areas of the Website and associated services.

b) Identity Verification Information. To help us respond to requests for data access and/or deletion requests as required by applicable laws, as well as create and maintain a trusted environment, we may collect identity verification information from you, such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws, or other authentication information.

c) Communications Data. We may collect Personal Data that you provide when you contact AncoraOak for any reason, such as to express an interest in obtaining additional information about our services, direct questions or concerns about our services to us, use a “Contact Us” form or similar features, sign up for our emails or attend an event, or download certain content. Such information may include contact information such as name, job title, company name, phone number, and email address.

d) Reputation & Background Check Data. We may collect Personal Data from you and from third parties in connection with performing diligence on our service providers and business partners. This data may include contact details, information concerning business practices, creditworthiness, reputation and business history, and job titles or roles.

COOKIES: Please refer to our Cookie Policy, which can be found here, which forms part of this Policy.

DO NOT TRACK: Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals via your browser settings to express your preferences regarding online tracking. Due to the lack of any standard for how do-not-track should work on commercial websites, we do not currently respond to such signals. Third parties, such as our analytics providers, from time to time may collect Personal Data that relates to you on the Websites, over other websites. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of Personal Data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

Your Personal Data may be collected, stored, disclosed and processed by AncoraOak for the following purposes:

a) to provide you with marketing communications and inform you about news and information relating to our business and services, including new product launches, product updates and general business news (see Section 12 below for further information);

b) to assess your application for AncoraOak’s products and services, where applicable;

c) to understand your needs and interests and to respond to your enquiries;

d) to analyze and improve our services;

e) for the management and administration of our business;

f) to provide you with the products and services for which you subscribe;

g) to comply with and in order to assess compliance with applicable laws, rules and regulations (including tax reporting purposes pursuant to tax legislation), industry codes, voluntary codes we decide to adopt, or good practice, anywhere in the world and internal policies and procedures including the Websites Terms of Use;

h) to confirm and verify your identity (this may involve the use of a credit reference agency or other third parties acting as our agents) and to conduct due diligence, background and related checks. We will also screen against publicly available government and/or law enforcement agency sanctions lists. We may use third party providers to conduct these verifications and searches;

i) to detect, investigate and prevent fraud and other crimes or malpractice.

j) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),

k) to obtain legal advice or to establish, exercise or defend legal rights;

l) the administration and maintenance of databases storing Personal Data;

m) to comply with our contractual obligations;

n) for ongoing review and improvement of the information, content and services provided on the Websites to ensure they are user friendly and to prevent any potential disruptions such as cyber-attacks;

o) to analyze and report on the Websites traffic, marketing and usage trends;

p) to allow you to use and access functionality provided by the Websites;

q) to conduct analysis required to detect malicious data and understand how this may affect your IT system;

r) for statistical monitoring and analysis of current attacks on devices and systems for the on-going adaption of the solutions provided to secure systems and devices against current attacks;

s) for in-depth threat analysis; and

t) for purposes otherwise set out in this Policy.

AncoraOak is entitled to use your Personal Data for these purposes because one or more of the following legal bases applies:

a) AncoraOak needs to do so in order to perform its contractual obligations to you (for example, in order to manage your investments and verify the information you provide);

b) AncoraOak has obtained your specific and informed consent (which may include written consent) unless an exemption provided under applicable law permits the use and disclosure of your Personal Data without your consent;

c) AncoraOak has legal or regulatory obligations that must be discharged;

d) AncoraOak may need to do so in order to establish, exercise or defend its legal rights or for the purpose of legal proceedings; or

e) the use of your Personal Data is necessary for our legitimate business interests or the legitimate interests of a third party, provided such interest are not overridden by your rights or interest, including (i) allowing AncoraOak to effectively and efficiently administer and manage the operation of its business; (ii) maintaining compliance with internal policies and procedures; (iii) monitoring the use of our copyrighted materials; (iv) offering optimal, up-to-date security solutions for mobile devices and IT systems; or (v) for internal research purposes.

If you are located in a jurisdiction which requires us to obtain your consent to collect, use, store, process and disclose your Personal Data, you understand that by accepting the terms of this Policy you expressly provide your consent to AncoraOak collecting, using, storing, processing and disclosing your Personal Data as set out in this Policy.

AncoraOak does not sell Personal Data to third parties or target advertising to individuals based on their Personal Data obtained from their online activity on non-affiliated websites or applications (“cross-context behavioral advertising”). AncoraOak may share or provide access to your Personal Data among its affiliates and business units and third-party agents, service providers and contractors outside of AncoraOak:

a) for the purpose of the management and administration of AncoraOak’s business;

b) in order to facilitate the provision and enhancement of services to you (including the management of your investments);

c) for the purpose of the administration and maintenance of the databases storing Personal Data;

d) for the purposes of AncoraOak receiving services (for example, AncoraOak’s accountants, administrators, auditors, service providers, custodians, depositories, third party managers, paying agents, professional advisors, IT and communications providers or any entity we reasonably consider necessary for the purposes outlined above). These third parties will be expected to be subject to confidentiality requirements (either by contract, professional obligation, duty or otherwise) that require them to only use your Personal Data as described above;

e) to the extent required by law (for example, if AncoraOak is compelled by an obligation or a duty to disclose your Personal Data where we believe it is necessary or appropriate to comply with any legal obligation, rule, regulations or internal AncoraOak policies and procedures, including (without limitation) in order to comply with tax reporting requirements and other statutory reporting and disclosures to regulatory authorities), or to establish, exercise or defend its legal rights. This may include disclosure to regulatory bodies or government agencies and in order to investigate unauthorized attempts to modify the Websites, install harmful files or cause damage to the Websites or to AncoraOak;

f) as part of a transaction, financing, or for other business needs (for example, if AncoraOak sells any of its businesses or assets, applies for a loan, or opens bank accounts, in which case AncoraOak may need to disclose your Personal Data to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes); or

g) if AncoraOak or any of its affiliates, divisions or business units is acquired by a third party, including in the unlikely event of a bankruptcy, in which case the Personal Data held by AncoraOak about you will be accessible to, and may be acquired by, the third party buyer.

AncoraOak may share anonymous or aggregated data with third parties such as service providers in order to facilitate our business operations. To the extent such data constitutes de-identified data under Virginia’s Consumer Data Protection Act, AncoraOak will maintain and use such data without attempting to re-identify the data.

The Websites may contain links to other party websites that are not governed by this Policy. Linked sites may have their own privacy notices or policies, which you should review. AncoraOak is not responsible for the content of links or third party websites and your use of such third party websites is at your own risk.

AncoraOak operates globally. This means Personal Data may be processed and disclosed as described above, in any country in which we conduct business or have a service provider. Accordingly, when you provide your Personal Data to AncoraOak, you acknowledge and agree that we may disclose your Personal Data to recipients (including, but not limited to service providers, AncoraOak affiliates or agents, and AncoraOak IT servers) located in jurisdictions other than your own, including but not limited to Australia, Brazil, Canada, China, Hong Kong, India, Japan, Singapore, South Korea, UAE, UK, USA, Spain, Germany, Colombia, the Cayman Islands, Bermuda and Luxembourg.

To the extent that applicable Data Protection Legislation does not allow or permit us to obtain your valid consent by virtue of providing this Policy to you, or otherwise rely on the other grounds set out in this Policy for disclosing your Personal Data outside of your jurisdiction, we will obtain your explicit consent through other means (if applicable) or, where relevant, ensure that the recipient is required to provide a standard of protection to your Personal Data that is equivalent to that under the Data Protection Legislation of your jurisdiction (e.g., by using standard contractual clauses for such international transfers).

In other circumstances, Data Protection Legislation may permit AncoraOak to otherwise transfer your Personal Data outside your jurisdiction provided it is in compliance with such Data Protection Legislation.

AncoraOak has implemented commercially reasonable controls and appropriate technical and organizational measures to protect Personal Data, as well as to maintain the security of our information and information systems in respect of Personal Data. Investor files are protected with safeguards according to the sensitivity of the information contained therein. Appropriate controls (such as restricted access) are placed on our computer systems and used where appropriate. Reasonable measures are taken to ensure physical access to Personal Data is limited to authorized employees.

As a condition of employment, AncoraOak employees are required to follow applicable laws and regulations, including in relation to Data Protection Legislation. Unauthorized use or disclosure of confidential investor information by a AncoraOak employee is prohibited and may result in disciplinary measures.

When you contact a AncoraOak employee about your file, you may be asked to provide evidence of your identity (e.g., driver’s license or passport) and/or to confirm some details relating to the Personal Data AncoraOak holds about you. These types of safeguards are designed to ensure that only you, or someone authorized by you, has access to your file.

The period for which AncoraOak will hold your Personal Data will vary and will be determined by the following criteria:

a) The purpose for which AncoraOak is using it.AncoraOak is required to retain the Personal Data for as long as is necessary to satisfy or meet the purposes for which it was obtained including applicable legal or regulatory requirements; and

b) Legal Obligations.Laws or regulations may set a minimum period for which AncoraOak must retain your Personal Data.

Depending on the requirements of the Data Protection Legislation of your jurisdiction, AncoraOak will take reasonable steps using appropriate technical methods in the circumstances to delete or destroy your Personal Data when we no longer have a legal basis to retain it or to ensure that the information is anonymized or irrecoverable.

To the extent provided by the law of your jurisdiction, you may have legal rights in relation to the Personal Data about you that AncoraOak holds. These rights may include:

a) the right to refuse to provide any Personal Data and the right to object at any time to the processing of your Personal Data. Please note that such refusal or objection may prevent us from providing services to you;

b) the right to confirm whether we process your Personal Data and to obtain information regarding the processing of your Personal Data and access to the Personal Data about you that AncoraOak holds (including any available information as to the source of the Personal Data and any safeguards that may have been used to transfer Personal Data outside of your jurisdiction, as referred to in Section 7 above);

c) where consent was provided for certain processing activities, the right to withdraw your consent to the collection, processing, use and/or disclosure of your Personal Data at any time. Please note, however, that this will not affect the lawfulness of any collection, processing, use or disclosure undertaken before your withdrawal and that AncoraOak may still be entitled to process your Personal Data if it has another legitimate reason (other than consent) or a consent exception for doing so. In some cases, withdrawing your consent to the collection, use process or disclosure of some or all of your Personal Data may prevent us from providing services to you;

d) in some circumstances, the right to receive a copy of some Personal Data in a structured, commonly used and machine-readable format and/or request that AncoraOak transmit that data to a third party where this is technically feasible. Please note that this right may, depending on the jurisdiction, only apply to Personal Data that you have provided to AncoraOak;

e) the right to request that AncoraOak correct or rectify your Personal Data if it is inaccurate or incomplete;

f) in some circumstances, the right to request that AncoraOak delete or erase your Personal Data. Please note that such a request may prevent us from providing services to you and there may be circumstances where AncoraOak is legally entitled to retain Personal Data regardless of any such request;

g) in some circumstances, the right to request that AncoraOak restrict, anonymize or block its processing of your Personal Data. Please note that such a request may prevent us from providing services to you and there may be circumstances where AncoraOak is legally entitled to retain Personal Data regardless of any such request;

h) in some circumstances, the right to obtain information about the public and private entities with which AncoraOak made shared use of the Personal Data as a joint controller;

i) in some circumstances, the right to receive information on the possibility of not providing consent and on the consequences of the refusal;

j) in some circumstances, the right to non-discrimination against you for exercising your legal rights in relation to your Personal Data; and

k) where applicable, the right to lodge a complaint with the data protection regulator in your jurisdiction if you think that any of your rights have been infringed by AncoraOak.

l) where applicable, the right to lodge a complaint with the data protection regulator in your jurisdiction if you think that any of your rights have been infringed by AncoraOak.

You can enquire about your rights, which are applicable to you, by contacting AncoraOak using the details listed below in Section 17. If you wish to exercise any of the rights, which are applicable to you, when you contact AncoraOak using the details listed below, you will be asked to complete a ‘Subject Access Request Form’.

We are typically able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from our Privacy Officer, depending on your jurisdiction, you may have the option to escalate concerns to the applicable privacy regulator in your jurisdiction.

The Websites are intended for use by those over 18. We do not knowingly solicit or collect personal information on the Websites from children under the age of 18.

To the extent permitted by applicable law, we may contact you by mail, e-mail, SMS/text, telephone and other electronic means to provide information on products and services that we believe will be of interest, unless you object to receiving such information. If you do not want to receive such communications from us please contact the Privacy Officer on the details set out below or by using the opt-out facilities provided within the relevant marketing material.

Your option not to receive promotional and marketing material: (a) shall not preclude us from corresponding with you, by email or otherwise, regarding your relationship with us (e.g., your account status and activity or our responses to questions or inquiries you pose to us); (b) shall not preclude us, including our employees, contractors, agents and other representatives, from accessing and viewing your Personal Data for our internal business purposes; and (c) shall not preclude us from disclosing your Personal Data as described in this Policy for purposes other than sending you promotional and marketing materials.

Canadian Anti-Spam Legislation requires that commercial electronic messages (“CEMs”) sent within Canada or into Canada from another jurisdiction may only be sent to individuals who opt into receiving them, subject to certain exceptions. Similar legislation applies in Australia (Spam Act 2003 (Cth)). Such consent may be implicit, such as by engaging in a prior business relationship, or by virtue of having one’s email address listed in a public directory. These anti-spam laws also require senders to include an opt-out function such as an “unsubscribe” mechanism within a CEM. You may opt-out of the collection or use of your information by AncoraOak. In some cases, withdrawing your consent to the collection, use or disclosure of some or all of your personal information will prevent us from providing services to you. To opt-out, please contact AncoraOak’s Privacy Officer using the details set out below or use the opt-out facility provided in the CEM. Please note that in some cases AncoraOak is permitted to send you certain CEMs after you opt out, such as where required to enforce legal rights.

If you are a California resident, this section of the Policy is intended to provide you with information concerning your rights under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (“CCPA”).

We have collected, and disclosed for a business purpose, the following categories of Personal Data within the last twelve (12) months:

a) Identifiers and other personal information, such as name, address, online identifiers;

b) Commercial information, such as purchase history;

c) Internet or other electronic network activity information, such as browsing history, search history, and interactions with advertisements; and

d) Inferences drawn from any of the foregoing categories of information to create a consumer profile.

The third parties to whom we may disclose Personal Data are set forth in Section 5. Our business or commercial purposes for collecting and using Personal Data are set forth in Section 4.

We receive Personal Data directly from you.

If you are a California resident, you have the right to request certain information from us regarding the manner in which we share with third parties certain categories of information that identify you. AncoraOak does not share Personal Data with third parties for those third parties’ own direct marketing purposes.

The CCPA provides you with certain rights that are in addition to the rights set out in Section 10 above:

– the right to request, up to twice in a twelve month period, your Personal Data (including, as applicable, any available information as to the source of the Personal Data, the retention period for the Personal Data, AncoraOak’s purposes for collecting such Personal Data, the categories of Personal Data we have disclosed and the categories of third parties to whom such Personal Data has been disclosed) in a format that is portable and, to the extent technically feasible, in a readily useable format that will allow you to transmit it to another entity.

– the right to request that AncoraOak delete your Personal Data, except in circumstances where AncoraOak is legally entitled to retain Personal Data regardless of any such request.

– effective January 1, 2023, the right to request that AncoraOak correct inaccurate Personal Data maintained about you.

– the right to opt out of any sale of your Personal Data to any third parties or, effective January 1, 2023, the sharing of your Personal Data for the purposes of cross context behavioral advertising. Note that AncoraOak does not sell Personal Data to third parties or share it with third parties for purposes of cross context behavioral advertising.

– the right to limit AncoraOak’s use of your Sensitive Personal Data to those uses which are necessary to perform our services or provide goods as reasonably expected. Note, however, that AncoraOak does not currently collect Sensitive Personal Data.

– the right not to face discrimination, as defined under the law, for exercising your rights.

If you wish to exercise any of the rights enumerated in this section, please contact us [email protected].

We may require additional Personal Data in order to verify your identity. You may designate an agent to act on your behalf. If you make a request through an authorized agent, we may require additional information to verify your authorization of the agent.

We will deal with your Personal Data (which has the same meaning as “Personal Information” under the Privacy Act 1988 (Cth), namely any information from which your identity is apparent or can be reasonably ascertained), in accordance with Australian privacy requirements including the Privacy Act 1988 (Cth) and Australian Privacy Principles, the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and any applicable state/territory privacy laws or industry codes. Information that is not “about” an individual is not considered “Personal Data” under Australian law.

If you contact us to access your Personal Data, to seek to correct it, or to make a complaint about privacy, we will respond as soon as we reasonably can, and in any event within any timescales stipulated by applicable law. We do not impose any charge for a request, but we may charge you a reasonable fee for our costs associated with providing you access and retrieval costs. For complaints about privacy, we will establish in consultation with you a reasonable process including time frames, for seeking to resolve your complaint.

If you have any questions or concerns about AncoraOak’s handling of your Personal Data, or about this Policy, please contact our Privacy Officer using the contact information set out below.

We are typically able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from our Privacy Officer, depending on your jurisdiction, you may have the option to escalate concerns to the applicable privacy regulator in your jurisdiction, the details of which can be obtained from the Privacy Officer.

Department: Legal & Regulatory

Email: [email protected]