LEGAL, COMPLIANCE & DATA PROTECTION

I. The Acquinox Website, Terms and Conditions of its Use

Welcome to the website of Acquinox Capital ("Acquinox Website"). For purposes herein, Acquinox Capital and its subsidiaries and affiliated companies are collectively referred to as "Acquinox" or "Acquinox Group". Where we use the terms “we”, “us” and “our”, we are referring to Acquinox and its affiliates. The Acquinox Website is owned, hosted and provided by Acquinox Group from its office in Switzerland.

By accessing or using Acquinox Website, you acknowledge and agree to comply with the following Terms and Conditions. These Terms and Conditions govern your use of the Acquinox Website, including any content, features or services offered.

1. Acceptance of Terms

By accessing or using the Acquinox Website, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using Acquinox Website.

2. Use of the Website

(a) You may use the Acquinox Website for informational purposes and to learn more about our services. You agree not to use Acquinox Website for any unlawful or unauthorized purposes. (b) You are solely responsible for maintaining the confidentiality of any login credentials or account information associated with Acquinox Website. (c) Acquinox reserves the right to modify, suspend, or terminate Acquinox Website or any part of it, without prior notice or liability.

3. Intellectual Property

(a) The content on the Acquinox Website, including but not limited to text, graphics, logos, images, videos, and software, is protected by intellectual property laws and is the property of Acquinox or its licensors. (b) You may not modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any content from Acquinox Website without prior written permission from Acquinox.

4. Third-Party Links

The Acquinox Website may contain links to third-party websites that are not owned or controlled by Acquinox. We do not endorse or assume any responsibility for the content, privacy policies, or practices of these third-party websites. You acknowledge and agree that Acquinox shall not be liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites.

5. Disclaimer of Warranties

(a) The Acquinox Website, materials used on it and any related communications are provided "as is" and on "as available" basis without any representations or warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose. Acquinox also does not warrant the accuracy or completeness of the materials, including but not limited to the reliability of any advice, statement or other information displayed on or distributed through Acquinox Website. You acknowledge by the use of Acquinox Website that any reliance on any such materials, advice, statement or information shall be at your sole risk. (b) Acquinox does not warrant that Acquinox Website will be uninterrupted, error-free, or free of viruses or other harmful components. You understand and agree that any content downloaded or obtained through Acquinox Website is done at your own risk, and you will be solely responsible for any damage to, or viruses that may infect, your computer system and equipment or loss of data that results from the download of such content.

6. Limitation of Liability

(a) To the maximum extent permitted by applicable law, Acquinox and its affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use Acquinox Website. (b) Acquinox’s total liability, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the amount paid by you, if any, for accessing the Acquinox Website.

7. Governing Law and Jurisdiction

Terms and Conditions shall be governed by and construed in accordance with the laws of Grand Duchy of Luxembourg , without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or related to these Terms and Conditions or your use of the Acquinox Website shall be exclusively brought in the courts of Luxembourg, and you consent to the personal jurisdiction of such courts.

8. Changes to the Terms and Conditions

Acquinox reserves the right to update or modify these Terms and Conditions at any time without prior notice. By continuing to use the Acquinox Website after such modifications, you agree to be bound by the updated or modified Terms and Conditions.

9. Contact Us

If you have any questions or concerns regarding these Terms and Conditions, please contact us at info@acquinox.ch

II. Privacy/Data Protection Policy

Pursuant to the requirements of the General Data Protection Regulation ("GDPR") as implemented in the EU Regulation 2016/679 for the member states of the EU, in force since May2018, as well as the provision of the Swiss Federal Act on Data Protection ("FADP") for the territory of Switzerland (together "Data protection Regulation"), Acquinox must ensure compliance with the Data Protection Regulation with respect to the collection and processing of personal data.

Acquinox Privacy/ Data Protection Policy ("Privacy Policy") concerns the protection and processing of personal data of (employees or management of) portfolio companies, investors, prospects or Acquinox Website visitors in the context of their relationship with Acquinox and its affiliates.

Our Privacy Policy applies where we are acting as a data controller with respect to your information; in other words, where we determine the purpose and means of the processing of that information.

This Privacy Policy is aimed towards providing information with respect to Acquinox’s data processing activities relating to your personal data, particularly the basis on which you information is collected, stored and used by Acquinox. In addition, this Privacy Policy is aimed towards providing information on the rights under GDPR and pertaining to the personal data processing activities.

1. What data we collect

We collect, use, share and store personal and financial information about you. Most of the information collected by us is information which you have provided to us directly, whether this is by signing up online to receive information from us or by you providing information to us when becoming an employee, investor or portfolio company.

Information we collect from you when you visit and/or request to receive information from Website:

1. personal contact information (e.g. name, email address, phone number etc.); and
2. information collected via the use of cookies, such as your IP address, browser type, the pages you visit and the time and duration of your visit.

When you enter into a contract with us as our potential investor, you may provide us with the following information in order for us to perform our obligations under that contract or to provide you with advice or guidance in relation to our products or services that are offered by us, or to fulfil our legal and compliance obligations and/ or regulatory requirements under the applicable laws:

1. personal contact information (e.g. name, (email) address, location);
2. proof of identification information, which may include a copy of your driver’s license, passport, ID card, residence permit or other appropriate identification documentation;
3. financial information (such as banking information and an account number);
4. regulatory requirements, such as FATCA/CRS, TIN-number, KYC-required documents;
5. any other relevant information provided by you to us in correspondence; and
6. investment details.

When you enter into a contract with us as our potential portfolio company, you may provide us with the following information in order for us to proceed with the respective acquisition and other agreements and our obligations under such agreements, or to fulfil our legal obligations and/ or regulatory requirements:

1. personal contact information (e.g. name, address, copy passport location);
2. financial information (such as banking information and an account number;
3. KYC-required documents; and
4. any other relevant information provided by you to us in correspondence.

For our legitimate business interest, we may also process a report of HR due diligence of management of the portfolio company.

As part of our recruitment process, we collect and process personal data relating to job applicants in order for us to (i) meet our contractual obligations when entering into a potential contract with you, (ii) meet our legal obligations or (iii) based on legitimate interest for us to adequately maintain and manage the recruitment process. The following information is collected from you and is stored in certain systems and formats, e.g., in the recruitment file, in the organizations HR management system and in other IT systems, including the organizations email system:

1. name, address and contact details, including email address and telephone number;
2. gender and date of birth;
3. details of qualifications, including skills, experience and employment history, including start and end dates with previous employers;
4. details of your marital status;
5. nationality and entitlement to work in the EU or Switzerland;
6. candidate photographs.

Furthermore, there may be some instances where we collect information about you when we believe our service will interest you. This includes personal contact information (e.g. name, (email) address, location, telephone number) from public databases.

2. How we use it

When we use information, we will ensure that the processing complies with all applicable laws. The purpose for processing personal data includes the following:

1. Contract performance - the information needed to perform our service;
2. Legal obligation - we are required by law to process your information;
3. Legitimate interest - we’re allowed to use your information where, on balance, the benefits of us doing so are legitimate and not outweighed by your interests or legal rights; and
4. Consent - in some cases we may obtain your consent to use your information (when we use this reason, you always have the right to withdraw your consent).

If you are our investor, or portfolio company, we will use your personal data in the following ways and for the following purposes:

1. to perform our obligations under our contract with you;
2. to provide you with advice or guidance in relation to our products or services that are offered by us;
3. investigating any complaint, dispute and/or any concerns relating to your investments;
4. to comply with our legal obligations, such as identification verification, money laundering and other checks;
5. managing and administering our business;

If you choose to provide us with your e-mail address or other (indirect) personally identifiable information, we will use such information:

1. to respond to your inquiry;
2. to support and enhance our service offerings to you;
3. in the preparation and performance of analysis and development; and
4. to comply with legal and/or regulatory requirements.

We store your personal data for as long as is necessary for the above mentioned purposes or for secondary purposes in line with those purposes.

3. Sharing of your personal data

We can engage third parties to perform services on our behalf with respect to the processing of your personal data, such as third party relationships and service providers (including cloud providers). These service providers will assist us in providing information and/or services to you. In case of third parties engagement Acquinox only shares the amount of personal information that is necessary for these third parties to complete the requested service. Your personal data will be shared subject to agreements which state that the service providers must keep such information confidential, that the data is not to be used for its own purposes and that all information will be used in accordance with applicable privacy legislation, including strict provisions in light of data security. We do not sell your personal information to third parties for marketing purposes.

Acquinox may transfer your personal data to a third country outside the EEA. If such a country does not provide an adequate level of protection for personal data, Acquinox will ensure that appropriate and suitable safeguards are in place.

Acquinox adheres to a strict confidentiality standard with regard to your personal information. Without your consent Acquinox does not share, sell, rent, lend or disclose any of the personal data you provide to us with any third party (e.g. for direct marketing purposes), except as described in this Privacy Policy, unless:

1. We are obliged do so by law because we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or
2. Some of our businesses may be restructured, bought or sold. In this event, your personal data may need to be transferred in order for the (new) entity(ies) involved in the restructuring to be able to continue to provide ongoing service to the affected customers.

Pursuant to the requirements of the General Data Protection Regulation ("GDPR") we are committed to protecting the confidentiality and security of the information you provide to us using Acquinox site, einsuring our compliance with GDPR with respect to the collection and processing of personal data. Please be assured that your data is processed and stored securely and is accessed only by authorised personnel for verification and compliance purposes. We adhere to strict privacy and data protection regulations of the applicable jurisdictions, including European Data Protection Regulation (Regulation (EU) 2016/679) with respect to the collection and processing of personal data and employ robust security measures to safeguard your information against unauthorised access, alteration, disclosure, or destruction.

III. Cookie Policy

This Cookie Policy explains how Acquinox uses cookies and similar technologies when you visit Acquinox Website. By accessing or using Acquinox Website, you consent to the use of cookies as described in this policy.

1. What are Cookies?

Cookies are small text files that are placed on your computer or device when you visit a website. They are widely used to make websites work more efficiently and provide a better browsing experience. Cookies also enable website owners to gather certain information about their visitors.

2. Types of Cookies We Use

1. Necessary Cookies: These cookies are essential for the proper functioning of Acquinox Website. They enable you to navigate our site and use its features, such as accessing secure areas. Without these cookies, certain services may not be available to you.
2. Analytics Cookies: We use analytics cookies to collect information about how visitors interact with Acquinox Website. This helps us analyze Acquinox Website traffic, identify trends, and improve Acquinox Website’s performance and functionality. The information collected is aggregated and anonymous.
3. Marketing Cookies: Marketing cookies are used to track visitors across Acquinox Website. They are used to display relevant advertisements and measure the effectiveness of marketing campaigns. These cookies may be set by our advertising partners.
4. Third-Party Cookies: We may also use cookies provided by third parties for various purposes, including analytics and advertising. These third parties have their own privacy policies and may use cookies to collect information about your activities on Acquinox Website and other websites you visit.

3. Cookie Management

The content on the Acquinox Website, including but not limited to text, graphics, logos, images, videos, and software, is protected by intellectual property laws and is the property of Acquinox or its licensors. (b) You may not modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any content from Acquinox Website without prior written permission from Acquinox.

4. Third-Party Links

We may also use cookies provided by third parties for various purposes, including analytics and advertising. These third parties have their own privacy policies and may use cookies to collect information about your activities on Acquinox Website and other websites you visit.

5. Cookie Management

Cookie Consent: By using Acquinox Website, you consent to the placement of cookies on your device as described in this policy. You can withdraw your consent or manage your cookie preferences by adjusting your browser settings. Please note that disabling certain cookies may impact the functionality and performance of Acquinox Website.

Browser Settings: Most web browsers allow you to control cookies through their settings. You can usually find these settings in the “Options” or “Preferences” menu of your browser. Each browser may have slightly different cookie settings. For more information, please refer to your browser’s help documentation.

6. Opt-Out Tools

Some third-party advertising networks and digital advertising companies provide opt-out tools that allow you to opt out of targeted advertising. You can visit the websites of these organizations to learn more about their opt-out tools.

7. Cookie and GDPR Compliance

We are committed to protecting your personal data and privacy. Any personal information collected through cookies will be processed in accordance with our Privacy Policy. Pursuant to the requirements of the Acquinox also ensures its compliance pursuant to the requirements of the General Data Protection Regulation (Regulation (EU) 2016/679) or “GDPR“) with respect to the collection and processing of personal data in terms of GDPR.

8.Changes to this Cookie Policy

We may update this Cookie Policy from time to time to reflect changes in our use of cookies or applicable laws and regulations. We encourage you to review this policy periodically for any updates.

9. Contact Us

If you have any questions or concerns about our Cookie Policy, please contact us at manager@acquinox.ch.

IV. SFDR Compliance

The European Commission’s Sustainable Action Plan has three objectives:

1. To reorient capital flows towards sustainable investment in order to achieve sustainable and inclusive growth;
2. To manage financial risks stemming from climate change, environmental degradation, and social issues; and
3. To foster transparency and long-termism in financial and economic activity.

It is a response to recommendations from the high-level expert group on sustainable finance, which were submitted to the Commission in January 2018. Already, the European Parliament has adopted an amendment to Regulation 2016/1011 to introduce a framework for EU climate transition and EU Paris-aligned benchmarks, an amendment to the Delegated Regulation 2017/565 to integrate environmental, social, and governance (ESG) considerations into investment advice and portfolio management, and an amendment to Delegated Regulation (EU) 2017/2359 to integrate ESG considerations and preferences into the investment advice for insurance-based investment products. It has also prepared a series of related reports, including an EU Taxonomy Regulation, benchmarks, EU green bond standard, and climate-related disclosures.

SFDR which is part of a broader legislative package under the European Commission’s Sustainable Action Plan, came into effect on 10 March 2021. To meet the SFDR disclosure requirements, ACQUINOX CAPITAL Sàrl identifies, assesses and, where possible and appropriate, seeks to manage sustainability risks for the Partnership as part of its risk management process. ACQUINOX CAPITAL Sàrl believes that the integration of this risk analysis could help to enhance the long-term value of the portfolio for Investors, in accordance with the investment objective and Investment Policy of the Partnership. However, due to the nature of the investment objective, sustainability risks are not integrated in the investment decisions.

For the avoidance of doubt, the Partnership is not promoting environmental or social characteristics within the meaning of article 8 of SFDR nor has sustainable investment as its objective within the meaning of article 9 of SFDR. For the purposes of Article 6 of the EU Taxonomy Regulation, ACQUINOX CAPITAL Sàrl confirms that the investments underlying this financial product (i.e. the Partnership) do not take into account the EU criteria for environmentally sustainable economic activities.

As regards disclosures obligations under article 4(1) of SFDR it is confirmed that the AIFM does not take into account the negative impacts due to investments - Article 4 (1) (b).