TRADEMARK AND LEGAL DISCLAIMER

All content of this web site is Copyright © 2020 SGT Capital. All rights reserved.

SGT Capital® is a registered trademark.

The information provided should not be considered a recommendation to purchase or sell any particular security or investment and is not intended to solicit clients or investors. Information is provided as of April 2020, and is subject to change.
 

TERMS OF USE

Thank you for visiting the website of SGT Capital and its affiliates (together, “SGT Capital”, “we” or “us”). By accessing this website, you acknowledge and agree to accept the following Terms of Use pertaining to the use of the website, which constitute a legal agreement between you and SGT Capital.

Your visit to this website is subject to these Terms of Use and our Privacy Policy. By visiting the website, you agree to these Terms of Use and our Privacy Policy, which may be updated by us at any time. If we update our Terms of Use, we will post the updated Terms of Use here. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this website each time you visit the website. If you do not agree with it, you should not use the website.

If you have any questions or comments about these Terms of Use, please contact us at [XX].

1. Uses of our website and content

All content and information, and all trademarks, logos, copyrights and other intellectual property displayed on the website is owned by SGT Capital or their respective owners. By visiting this website you agree to the following with respect to the content and information on the website (the “Content”).

SGT Capital grants you a limited, revocable, nonexclusive and non-transferable right to view, store, bookmark, download, copy and print pages from the website solely for your personal and non-commercial use only.

You may not use any trademark, service mark or logo of SGT Capital or any third party that appears on the website without prior written consent.

You agree not to copy portions of the website (such as by bots, robots or spiders that “harvest” the website), interfere with the functioning of the website or restrict or inhibit any others from using the website.

If you download any pages from the website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Content. You may not alter or modify the Content in your copies.

Unless you receive our permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the website.

If you link other websites to this website, you may not imply or suggest that SGT Capital has endorsed or is affiliated with such websites and you may not display this website as “framed” within another website.

You may not (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this website or use or gain access to the identities, information or computers of others through this website.
You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website.

You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this website.

SGT Capital has the right (but not the obligation) to monitor this website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. and we may at any time revoke your right to use all or any portion of the website. SGT Capital may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this website to regulators, law enforcement officials or other persons or entities that it deems appropriate.

2. Investment disclaimers

This website is for general informational purposes only. Under no circumstances should any information or materials presented on the website be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated.

This website does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by SGT Capital or any of its affiliates. The investments are not bank deposits and are not insured, and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the website constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on the Content are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that SGT Capital is not liable for any action you take or decision you make in reliance on any Content. SGT Capital will not treat users of the website as its partners, clients, customers or investors by virtue of their accessing the website.
PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate, and, as a result, with respect to products which provide for redemptions, your redemption value may be more or less than original cost.

The website contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Any transactions described on the website as having been engaged in by SGT Capital are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by SGT Capital.

3. International use

The website is operated and controlled by us in the United States, and the Content provided in or accessible through the website is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, SGT Capital makes no claims that the Content or the website are appropriate or may be viewed or used outside the United States. Access to the website from countries or territories where such access is illegal is prohibited. SGT Capital makes no representations that the transactions, products or services discussed on or accessible through the website are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

4. Linked websites

SGT Capital does not review or monitor any websites linked from or to the website and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. SGT Capital disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the website.

5. Transmission to and from the website

Any communication or content that you send to the website is and will be deemed to be non-confidential as between you and us, and SGT Capital will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

6. Password and security notification

Certain areas of the website are password-protected. You may not attempt to access any password-protected areas of the website without authorization. If you have been issued a password for the website, you agree that SGT Capital has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.

All information that SGT Capital provides to website users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient's financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the website, and for logging off any protected areas of the website when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify SGT Capital immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party's activity related to the website.

7. Limitation of liability and disclaimers

SGT Capital its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the website and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. Your use of the website and the Content is on an “as is” and “as available” basis.

In no event shall SGT Capital, its affiliates or their Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages arising out of in connection with any access, use (or inability to use) or distribution of the website, or any Content therein. This is true even if SGT Capital has been advised of the possibility of such damages or losses.

8. Governing law and forum

The laws of the State of New York govern these Terms of Use. Any dispute relating to these Terms of Use or your use of the website shall be resolved solely in the state or federal courts located in New York City. You agree to waive trial by jury in any such action.

PRIVACY AND DATA PROTECTION

SGT Capital, its subsidiaries and affiliates (hereinafter collectively referred to as "SGT Capital" and "we") respect the privacy of visitors to our website and recognise the importance of protecting your personal information. We have adopted a corporate wide privacy policy that explains how we collect, store and use your personal data and which rights and options you have in this respect.
Please also refer to our cookie notice which explains the use of cookies and other web tracking devices via our website.

What and how information is collected

SGT Capital may request and collect information from visitors to the website and/or our premises, recipients of any investor communications or where you or one of our suppliers or other business partners provide your contact details in order for us to send you information about SGT Capital, our funds or investee companies.

We may collect and process the following information about you:

Information that you give us. This is information about you that you give to us by filling in forms on the website (or other forms that we ask you to complete), signing up to our newsletters or events, giving us a business card or CV (or similar) or corresponding with us by telephone, post, email or otherwise. It may include, for example, your name, address, email address, telephone number, fax number; information about your place and work and business relationship with SGT Capital, and; information about your professional role, background and interests.

Information that our website and other systems collect about you

If you visit the website they will automatically collect some information about you and your visit, including the Internet protocol (IP) address used to connect your device to the Internet and some other information such as your browser type and version and the pages on the site that you visit.

The website may also download "cookies" to your device – this is described in our separate cookie notice.

If you exchange emails or other electronic communications with our employees and other staff members, our information technology systems will record details of those conversations, sometimes including their content. In the SGT Capital Debt Management business telephone calls may also be recorded.

Some of our premises have CCTV systems which may record you if you visit our premises, for security and safety purposes.

Other information

We may also collect some information from other sources. For example, if we have a business relationship with the organisation that you represent, your colleagues or other business contacts may give us information about you such as your contact details or details of your role in the relationship.

We may sometimes collect information from third party data providers or publicly available sources for anti-money-laundering, background checking and similar purposes, and to protect our business and comply with our legal and regulatory obligations.

Information usage

We may use your information for the following purposes:

  • to operate, manage, develop and promote our business and, in particular, our relationship with you or the organisation you represent (if any) and related transactions;
  • to send you emails containing further information and details of SGT Capital's business, funds and investee companies which we believe you will find relevant and interesting;
  • to operate, administer and improve the website and premises and other aspects of the way in which we conduct our operations;
  • to protect the security of our premises;
  • to determine your suitability for a role at SGT Capital (where you have sent us your CV);
  • to protect our business from fraud, money-laundering, breach of confidence, theft of proprietary materials and other financial or business crimes; and
  • to comply with our legal and regulatory obligations and bring and defend legal claims.

We may from time to time review information about you held in our systems – including the contents of and other information related to your email and other communications with us – for compliance and business-protection purposes as described above. This may include reviews for the purposes of disclosure of information relevant to litigation and/or reviews of records relevant to internal or external regulatory or criminal investigations.

To the extent permitted by applicable law these reviews will be conducted in a reasonable and proportionate way and approved at an appropriate level of management. They may ultimately involve disclosure of your information to governmental agencies and litigation counterparties as described below. Your emails and other communications may also occasionally be accessed by persons other than the member of staff with whom they are exchanged for ordinary business management purposes (for example, where necessary when a staff member is out of the office or has left SGT Capital).

We will only process your personal information as necessary so that we can pursue the purposes described above, and then only where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest in pursuing those purposes.

In exceptional circumstances we may also be required by law to disclose or otherwise process your personal information. We will tell you, when we ask you to provide information about yourself, if provision of the requested information is necessary for compliance with a legal obligation or, on the other hand, if it is purely voluntary and there will be no implications if you decline to provide the information. Otherwise, you should assume that we need the information for our business or compliance purposes (as described above). If you are uncertain as to SGT Capital's need for information that we request from you, please contact us (see below).

Information distribution

We may disclose personal information about you, where reasonably necessary for the various purposes set out above:

  • to the other members of the SGT Capital group of companies;
  • to your colleagues within the organisation that you represent;
  • to service providers who host the website or other information technology systems or otherwise hold or process your information on our behalf, under strict conditions of confidentiality and security;
  • to a person who takes over our business and assets, or relevant parts of them; or
  • in exceptional circumstances:
  • to competent regulatory, prosecuting and other governmental agencies, or litigation counterparties, in any country or territory;  or
  • where we are required by law to disclose.

These disclosures may involve transferring your personal information overseas. If you are dealing with us within the European Economic Area (or the UK, after it has left the European Economic Area), you should be aware that this may include transfers to countries outside the European Economic Area / UK, which do not have similarly strict data privacy laws. In those cases, where we transfer personal data to other members of the SGT Capital group or our service providers, we will ensure that our arrangements with them are compliant with applicable law, including, where necessary, being governed by data transfer agreements, designed to ensure that your personal information is protected, on terms approved for this purpose by the European Commission. Please contact us (see below) if you would like to know whether any such agreements are in place or, if so, to see a copy.

Retention and deletion of your information

We will delete the information that we hold about you when we no longer need it. Specific information about our record retention policies is available on request. Please contact us (see below).

Note that we may retain some limited information about you even when we know that you have left the organisation that you represent, so that we can maintain a continuous relationship with you if and when we are in contact with you again, representing a different organisation.

Your rights

You may have a right of access to the personal information that we hold about you, and to some related information, under data protection law. You can also require any inaccurate personal information to be corrected or deleted. You can object to our use of your personal information for direct marketing purposes at any time and you may have the right to object to our processing of some or all of your personal information (and require them to be deleted) in some other circumstances.

If you wish to exercise any of these rights, please contact us (see below). You can also lodge a complaint about our processing of your personal information with your local data protection authority.

Opt-out

If you do not want SGT Capital to send you e-mail or postal mail, you can opt out at any time by contacting SGT Capital by e-mail at [XX].

Links to other website

You should be aware that when you are on the website, you could be directed to other websites that are beyond our control. There are links to other website from the website that may take you outside our service. We cannot guarantee that the privacy policies of these website meet our standard. You should read the privacy policy of any new website you go to online.

Updating your personal information

If for any reason you wish to access, review, correct or delete the personal information collected about you, you may do so by emailing [XX]. You must be able to provide your name and e-mail address or other information sufficient to allow us to identify you. Once identified, we will be happy to review, update or remove your information as appropriate.

Contact us

If you have any questions, complaints, or comments about SGT Capital or this privacy policy and our processing of information, please contact SGT Capital’s privacy policy Administrator by sending an e-mail to [XX].

Changes to this policy

Any changes we make to this privacy policy in the future will be posted to the website and also available if you contact us. Please check back frequently to see any changes.
 

COOKIE NOTICE

By using our website you agree that, unless and to the extent you have set your device's browser to reject them, we can place the types of cookies set out in the table below on your device, and use that data in accordance with this policy.

We use cookies (including HTTP, HTML5 and Flash cookies) and similar technologies (such as web beacons and JavaScript) to: (i) customize and improve the users’ experience of the website (ii) deliver content tailored to the users’ interests and the manner in which they browse website; and (iii) manage the website and other aspects of our business.

Contact

SGT Capital
Genesis Building, 5th Floor, Genesis Close
PO Box 446
Cayman Islands, KY 1-1106

or by email: investor-relations@sgt-capital.com