Privacy Policy
This privacy policy explains the manner in which Lloyd George Management (HK) Ltd, (the “Company”) collects, utilizes and maintains non-public personal information (“Non-public Personal Information”) about its Client(s) and Fund(s)’ investors, as required under U.S. federal regulation. Although U.S. federal regulation provides that the usage this information is limited to investors who are individuals, the Company will apply this privacy policy to all of its investors. Non-public Personal Information shall mean personally identifiable financial information including any list, description or other grouping of the Company’s investors that is derived using nonpublic personal information other than publicly available information. Specifically, for the purpose of this policy, Non-public Personal Information includes, but is not limited to, an investor’s name, social security number or taxpayer identification number, contact information (including home address, business address, telephone number and date of birth), financial and investment qualifications or account number at the Company.
Privacy Regulation
The SEC’s Regulation S-P (Privacy of Consumer Financial Information, herein after the “Privacy Rules”), which was adopted to comply with Section 504 of the Gramm-Leach-Bliley Act, requires investment advisers to disclose to their investors the Company’s policies and procedures regarding the use and safekeeping of investor records (“Privacy Notice”). Among other requirements, the Privacy Rules require financial institutions to send initial Privacy Notices to “consumers”, send annual Privacy Notices to “customers” and provide both customers and consumers the opportunity to opt out of the disclosure of any non-public personal information about a consumer to a non-affiliated third party. The Fixing America’s Surface Transportation Act (the “FAST Act”) clarifies investment advisers’ obligations with regard to Regulation S-P, and provides that IAs are not required to send annual Privacy Notices to “customers” if the IA: (i) only shares Nonpublic Personal Information with nonaffiliated third-parties in a manner that does not require an opt-out right be provided to customers; and (ii) has not changed its policies and procedures with regard to disclosing Nonpublic Personal Information since it last provided a Privacy Notice to customers. For purposes of this Policy, “consumers” are potential and current investors in the Client(s) and Fund(s)’ and “customers” Fund(s)’ current investors.
Collection of Investor Information
The Company collects personal and/or confidential information about investors mainly through the following sources:
Subscription documents, investor questionnaires and other information provided by the investor in writing, in person, by telephone, electronically or by any other means. This information includes name, address, nationality, tax identification number and financial and investment qualifications.
Transactions within the Company, including account balances, investments and redemptions.
Disclosure of Nonpublic Personal Information
The Company does not sell or rent Non-public Personal Information. The Company does not disclose Non-public Personal Information to non-affiliated third parties or to affiliated entities, except as permitted by law. The Company may disclose Non-public Personal Information in the following situations:
To Company service providers in connection with the administration, custody and servicing of the Company or its Clients or Fund(s), including lawyers, accountants, auditors and other professionals.
To respond to a subpoena or court order, judicial process or regulatory authorities.
To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities.
Upon consent of an investor to release such information, including authorization to disclose such information to persons acting in a fiduciary or representative capacity on behalf of the investor.
Protection of Investor Information
The Company’s policy is to require that all Employees, affiliate companies and service providers keep Non-public Personal Information confidential. [The Company restricts access to the Non-public Personal Information to those Employees who need to know that information in the course of their job responsibilities.] [Third parties with whom the Company shares Non-public Personal Information must agree to follow appropriate standards of security and confidentiality]. The Company’s privacy policy applies to both current and former investors. When required pursuant to the above paragraph 7.3, the Company may disclose Non-public Personal Information about a former investor to the same extent as for a current investor.
Location and Maintenance of Investor Information
All Non-public Personal Information is retained in accordance with the Company’s “Record Retention Policy,” as set forth herein. The Compliance Officer ensures the security of the Company’s Non-public Personal Information by keeping all Non-public Personal Informationally in a secure location with limited access designated. In the case of all such Non-public Personal Information, access will be granted to only those Employees who require such information in the course of their specific job responsibilities. If an Employee requires access to Non-public Personal Information, they must receive approval from the Compliance Officer, who will determine if such access will be approved, and if so, the level of access allowed thereto.
