PRIVACY POLICY NOTICE
May 2018

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Introduction

This Privacy Policy Notice (the “Notice”) sets out the policies and procedures of Argentière Capital AG (“Argentiere” or “we”) in relation to the collection, storage and sharing of personal data.

Although this Notice makes reference to specific requirements under US, EU and Swiss data protection law, all personal data is treated in the same stringent manner, regardless of the jurisdiction of the data subject.

Scope

This Notice is provided by Argentière Capital AG and relates to the following entities:

  • Argentière Capital AG and Argentière Capital LP, specifically in relation to the investment management and client service activities of:
    • Argentiere Master Fund Ltd
    • Argentiere Enhanced Fund Ltd
    • Argentiere Enhanced Fund LP
    • Argentiere Relative Value Opportunities Master Fund
    • Argentiere Relative Value Fund LP
    • Argentiere Relative Value Fund Ltd
    • Any other Fund or managed account, as amended from time to time

Personal information we may collect

We may need to collect certain personal information in connection with providing our services, this information may include the following:

  • Tax and social security identification numbers;
  • Proof of identification documentation;
  • Contact details;
  • Assets held / wealth;
  • Investment experience;
  • Transaction history;
  • Income; and
  • Website cookies, beacons, history and logs

How we collect this information

We collect this information through various means. For example when we obtain contact information for investor relations purposes, enter into agreements, for AML or due diligence purposes or when we are party to information relating to the purchase or sale of interests in a fund we manage. We may also collect personal information from other sources, such as our affiliates or other non-affiliated companies.

Statistical information about your visit to our website

When you visit the Argentiere Website, our systems collect personal information and statistical or non-personally identifiable information about your visit to our sites (e. g., IP address, pages visited, origin of visitor domains, and types of browsers used). However, unless you actively submit personal information, we do not typically identify you via the non-personally identifiable information. Notwithstanding the foregoing, to the extent permitted by applicable law, we reserve the right to combine non-personal information with personal information that you have actively submitted.

Use of cookies

Argentiere and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base. A “cookie” is a piece of information that the Argentiere Website sends to your browser. Your browser stores the cookie on your system. The cookie will allow Argentiere to remember information about you and your preferences until either you exit your current browser window (if the cookie is temporary) or you disable or delete the cookie. Many users prefer to use cookies to help them navigate a website as seamlessly as possible. If you do not want Argentiere to deploy cookies in your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. Rejecting cookies may affect your ability to use some of our services on the Website.

Argentiere does not display or provide advertising facilities to third parties. The only third-party cookies used are for statistical and marketing purposes and provided by Google Analytics.

Web Beacons

Argentiere uses web beacons alone or in conjunction with cookies to compile information about site visitors’ usage of the site and interaction with emails from Argentiere. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a website tied to the web beacon, and a description of a website tied to the web beacon. For example, Argentiere may place web beacons in marketing emails that collect information when you click on a link in the email that directs you to Argentiere’s websites. We use web beacons to operate and improve Argentiere’s site and email communications. Argentiere may use information from web beacons in combination with personal data to provide you with information about Argentiere its funds and business.

Your ability to opt-out of further notifications

From time to time, we may send emails providing information on fund performance, events, research and publications unless you have opted out. If you would like to opt-out of being notified, please contact us at the address given at the end of this Notice.

Please be aware that current investors and clients may not opt-out of receiving information regarding fund performance and account management of any holding or position within the fund.

How we use this information

All financial companies need to, as required, collect and share customers’ personal information to run their everyday business. Argentiere therefore may need to collect and share information to:

  • Provide investment management services;
  • Market products and services;
  • Provide investor relation services;
  • Respond to legal or regulatory investigations

Disclosure to others

We may provide personal information to our affiliates and to firms that assist us in delivering our services, for example a broker or fund administrator. We require third-party service providers and financial institutions with which we have arrangements with to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them.

How we protect your personal information

To protect your personal information from unauthorized access and use, we use security measures that comply with relevant data protection laws. These measures include computer safeguards and secured files and buildings.

Specific Data Protection Regulations

GDPR

Argentiere complies with the Regulation 2016/679, the “General Data Protection Regulation” (“GDPR”) of the European Parliament and of the Council on the protection of natural persons regarding the processing of personal data and on the free movement of such data. The GDPR supersedes EU Data Protection Directive (also known as Directive 95/46/EC).

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

Argentiere is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles.

Argentiere complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. Under those provisions and under certain circumstances, Argentiere is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Argentiere may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Categories of EEA and Swiss data

Argentiere collects data largely for businesses and rarely, if ever, for consumers or private individuals. On this basis, Argentiere only receives business-related information from the EEA and Switzerland. Occasionally, Argentiere may receive contact information related to individual representatives of businesses with whom Argentiere is dealing (including, without limitation, names, addresses, work phone numbers, work email addresses, etc.), and, in connection with our fund administrator, Argentiere processes data that may be relating to EEA and Swiss residents on behalf of, and in accordance with instructions from, persons or businesses (collectively “EEA and Swiss Data”). Since EEA and Swiss Data covered by this Notice is by definition sent to Argentiere by another company in the EEA or Switzerland (e.g., a supplier to Argentiere), the categories of data sent and the purposes of processing often depend on such other company, with whom the EEA or Swiss Persons typically have a closer employment, business or other relationship (and which therefore, can provide additional information on categories of data shared with us).

Disclosure

Argentiere shares EEA and Swiss Data with affiliates and contractors, which process EEA and Swiss Data on behalf of Argentiere. Argentiere also shares EEA and Swiss Data with other third parties for the purposes for which Argentiere receives the EEA and Swiss Data (e.g., performance of contractual obligations) and as required or permitted by law. With respect to marketing emails, EEA and Swiss Persons may opt-out of receiving further email marketing communications from Argentiere by sending an email to unsubscribe@argentiere.ch, or by following opt-out instructions that are contained in each marketing email. EEA and Swiss Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult, or impossible, for Argentiere to provide the requested services. Notwithstanding other statements in this Notice, Argentiere may disclose EEA and Swiss Data where it is legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law and Argentiere has a legitimate business interest in such disclosure.

Access and review

EEA and Swiss Persons whose EEA and Swiss Data Argentiere holds may request access to, and the opportunity to update, correct or delete some or all of the EEA and Swiss Data that held by Argentiere. To submit such requests or raise any other questions, please contact Argentiere as described below. Argentiere reserves the right to take appropriate steps to authenticate an applicant’s identity, charge an adequate fee before providing access and deny requests, except as required by applicable law.

Who to contact with questions:

If you have any questions about this Notice please contact:

Privacy Administrator
Argentière Capital AG
Landis+Gyr Strasse 1, 6300 Zug, Switzerland
+41 41 560 23 00
privacy@argentiere.ch

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