Arisaig Partners

Privacy Notice

Arisaig India Consumer Fund Limited

Arisaig India Consumer Master Fund Limited

The term “Fund” refers separately to each of the entities listed above.

Arisaig India Consumer Fund Limited and Arisaig India Consumer Master Fund Limited are each incorporated as a company with limited liability in the Cayman Islands and its registered office is at PO Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman Islands.

About this privacy notice

The Fund is a data controller in respect of your personal data for the purposes of data protection law, such as the European Union’s General Data Protection Regulation (including as applicable in the United Kingdom, where it is supplemented by the Data Protection Act 2018), Personal Data Protection Act 2012 of Singapore, the Data Protection Act (Revised) of the Cayman Islands and in accordance with any other applicable laws and regulations. The Fund is responsible for ensuring that it uses your personal data in compliance with data protection law.

Citco Fund Administration (Cayman Islands) Limited, the Fund’s administrator, and its affiliates will generally process, as data processor, personal data provided to it in connection with an investment in the Fund in accordance with the Fund’s instructions, and the Fund will generally act as the data controller of any such personal data.

This privacy notice applies to you if (i) you are an applicant for shares in the Fund, (ii) your personal data has been provided to the Fund in connection with an application for shares in the Fund by another person (such as where you are a director, partner, trustee, employee, agent or direct or indirect owner of an applicant) or

(iii) the Fund otherwise uses your personal data. This privacy notice sets out the basis on which personal data about you will be processed by the Fund. Please take the time to read and understand this privacy notice.

Personal data that the Fund might use

The Fund might process the following personal data about you:

  1. Information provided to the Fund by you or (if different) the applicant: This might include your name and address (including proofs of name and address), contact details, date of birth, gender, nationality, photograph, signature, copies of identity documents, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information. Such information might be provided in an application form or in other documents (as part of an application process or at other times), face-to-face, by telephone, by email or otherwise.
  2. Information that the Fund collects or generates: This might include information relating to your (or an applicant’s) investment in the Fund, emails (and related data), call recordings, website usage data and messages submitted through the Administrator’s website.
  3. Information that the Fund obtains from other sources: This might include information obtained for the purpose of the Fund’s know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, sanctions checks, among other things), information from government or public bodies, public websites and other public sources and information received from the applicant’s advisers or from intermediaries.
Uses of your personal data

Your personal data may be stored and processed by the Fund for the following purposes:

  1. Assessing and processing applications for shares in the Fund and other share dealings, including performing know-your-client procedures, issuing and redeeming shares, receiving payments from and making payments to the applicant, calculating net asset value, and overseeing these
  2. General business administration, including communicating with investors, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems and monitoring and improving products.
  3. Compliance with legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments.
  4. In respect of information shared with Arisaig Partners (Asia) Ltd. (the “Investment Manager”) and its affiliates, their business activities relating to the Fund, such as investor relations, discussions with the Fund’s service providers and counterparties, decision-making in relation to the Fund, and business strategy, development and marketing.

The Fund is entitled to process your personal data in these ways for the following reasons:

  1. If you have given your express consent or you are deemed to have
  2. If you are the applicant, you may enter into an investment contract with the Fund and some processing will be necessary for the performance of that contract, or will be done at your request prior to entering into that contract.
  3. Processing may be necessary to discharge a relevant legal or regulatory
  4. The processing will, in all cases, be necessary for the legitimate business interests of the Fund, the Investment Manager, the Fund’s administrator or another person, such as:
    1. carrying out the ordinary or reasonable business activities of the Fund, the Investment Manager, the Fund’s administrator or other persons, or other activities previously disclosed to the Fund’s investors or referred to in this privacy notice;
    2. ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
    3. establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and
    4. ensuring the security of information
  5. In respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be subject to additional safeguards.
Disclosure of your personal data to third parties

The Fund may from time to time, in accordance with the purposes described above, disclose your personal data to other parties, including (a) the Investment Manager and its affiliates, (b) the Fund’s administrator and its affiliates, (c) professional advisers such as law firms and accountancy firms, (d) other service providers of the Fund, the Investment Manager and the Fund’s administrator, including technology service providers, (e) counterparties and (f) courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with the Fund’s instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties.

Transfers of your personal data outside Singapore

Your personal data may be collected, used and/or disclosed both within and outside of Singapore, and in particular may be transferred to and stored by affiliates or service providers of the Fund or the Fund’s administrator both within and outside of Singapore.

Where personal data collected in Singapore is used, disclosed and/or transferred outside Singapore, the Fund will ensure that such activities are subject to appropriate safeguards or are otherwise is in accordance with the Personal Data Protection Act 2012 and given a standard of protection that is comparable to protection under the Singapore legislation.

Transfers of your personal data outside the European Economic Area, the United Kingdom or the Cayman Islands

Your personal data may be transferred to and stored by persons outside the jurisdiction or area in which it is collected and in particular may be transferred to and stored by affiliates or service providers of the Fund or

the Fund’s administrator outside any of the European Economic Areas (“EEA”), the United Kingdom or the Cayman Islands.

Where personal data is transferred outside the EEA, the United Kingdom or the Cayman Islands, the Fund will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted under applicable law. For example, in the context of personal data transferred outside the EEA or the United Kingdom, the country to which the personal data is transferred may be approved by the European Commission or a data regulator or the recipient may have agreed to model contractual clauses approved by the European Commission or a data regulator that oblige them to protect the personal data.

You can obtain more details of the protection given to your personal data when it is transferred outside the EEA, the United Kingdom or the Cayman Islands, including a copy of any standard data protection clauses entered into with recipients of your personal data, by contacting the Fund using the details set out under “Contacting the Fund” below.

Necessity of personal data for an investment in the Fund

The provision of certain personal data is necessary for shares in the Fund to be issued to any applicant and for compliance by the Fund and its service providers with certain legal and regulatory obligations. Accordingly, if certain personal data is not provided when requested, an application for shares might not be accepted or shares might be compulsorily redeemed.

Retention of personal data

How long the Fund holds your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which the Fund is using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which the Fund has to keep your personal data).

Your rights

You have a number of legal rights in relation to the personal data that the Fund holds about you, subject to applicable law. These rights include the following:

  1. The right to obtain information regarding the processing of your personal data and access to the personal data that the Fund holds about you.
  2. In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that the Fund transmits that data to a third party where this is technically Please note that this right only applies to personal data which you have provided to the Fund.
  3. The right to request that the Fund rectifies your personal data if it is inaccurate or
  4. The right to request that the Fund erases your personal data in certain circumstances. Please note that there may be circumstances where you ask the Fund to erase your personal data but the Fund is legally entitled to retain it.
  5. The right to object to, and the right to request that the Fund restricts, its processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask the Fund to restrict, its processing of your personal data but the Fund is legally entitled to continue processing your personal data or to refuse that request.
  6. The right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by the Fund.

You can exercise your rights by contacting the Fund using the details set out under “Contacting the Fund” below. You can find out more information about your rights under (i) applicable Cayman Islands’ data protection law by contacting the Cayman Islands Ombudsman, the data regulator in the Cayman Islands, or by searching its website at ombudsman.ky or (ii) applicable Singapore data protection law by contacting the Personal Data Protection Commission of Singapore or by searching their website at www.pdpc.gov.sg. You can also find out more information about your rights under applicable EU or UK data protection law by contacting an EU data regulator such as Irish Data Protection Commissioner or the UK’s Information

Commissioner’s Office, or by searching their websites at dataprotection.ie or ico.org.uk, respectively.

Contacting the Fund

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions and requests to the Investment Manager at investorrelations@arisaig.com.

PRIVACY NOTICE – U.S. FEDERAL LAW
WHAT DOES ARISAIG DO WITH YOUR PERSONAL INFORMATION?

Financial companies choose how they share your personal information.  U.S. federal law gives our clients the right to limit some but not all sharing.  U.S. federal law also requires us to tell you how we collect, share, and protect your personal information.  Please read this notice carefully to understand what we do. 

We do not disclose nonpublic personal information about our clients or former clients to third parties other than as described below.

Personal information we collect.  We collect personal information about you in connection with our providing advisory services to you.  This information includes your social security number and may include other information such as your:

Assets;

Investment experience;

Transaction history;

Income; and

Wire transfer instructions. 

How we collect this information.  We collect this information from you through various means, including, but not limited to, when you give us your contact information, enter into an investment advisory contract with us, buy securities (i.e., interests in a fund) from us, tell us where to send money, or make a wire transfer.  We also may collect your personal information from other sources, such as our affiliates[1] or other non-affiliated companies.

 

How we use this information.  All financial companies need to share customers’ personal information to run their everyday business and we use the personal information we collect from you for our everyday business purposes.  These purposes may include, for example:

 

To provide advisory services to you.

To open an account for you.

To process a transaction for your account.

To market products and services to you.

To respond to court orders and legal investigations.

Disclosure to others.  We may provide your personal information to our affiliates and to firms that assist us in servicing your account and have a need for such information, such as a broker or fund administrator.  We may also disclose such information to service providers and financial institutions with whom we have joint marketing arrangements (i.e., a formal agreement between non-affiliated financial companies that together market financial products or services to you, such as placement agents).  We require third-party service providers and financial institutions with which we have joint marketing arrangements to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them.  These sharing practices are consistent with U.S. federal privacy and related laws, and in general, you may not limit our use of your personal information for these purposes under such laws.  We note that the U.S. federal privacy laws only give you the right to limit the certain types of information sharing that we do not engage in (e.g., sharing with our affiliates certain information relating to your transaction history or creditworthiness for their use in marketing to you, or sharing any personal information with non-affiliates for them to market to you).

 

How we protect your personal information.  To protect your personal information from unauthorized access and use, we use security measures that comply with U.S. federal law.  These measures include computer safeguards and secured files and buildings.

 

Who is providing this Privacy Notice.  This Privacy Notice relates to the following entities:

 

Arisaig Asia Fund Limited

Arisaig India Fund Limited

Arisaig Partners (Asia) Pte. Ltd.

Who to contact with questions.  If you have any questions about this Privacy Notice, please contact investorrelations@arisaig.com at the Fund Manager.

 

[1]           Our affiliates are companies related to us by common ownership or control and can include both financial and nonfinancial companies.  Non-affiliates are companies not related to us by common ownership or control and can include both financial and nonfinancial companies.

IMPORTANT NOTICE

PLEASE READ THIS IMPORTANT INFORMATION BEFORE PROCEEDING FURTHER.

Terms of Use

These terms and conditions (the “Terms of Use”) set out the terms on which you may make use of this website, and they apply to every page of this website (collectively, the “Site”), whether or not these terms and conditions appear on each individual page. This page contains legal and regulatory notices relevant to the information contained on the Site. By accessing the Site you agree to be bound by the following terms and conditions.

Arisaig Partners (Asia) Pte Ltd (company registration number 199607401H) (“AP Asia”, “us”, “we” or “our”), a member of the Arisaig Group (together the “Arisaig Group”, and each entity within the Arisaig Group, an “Arisaig Group Entity”), reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these pages periodically for changes. By using the Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended. If you do not agree to these Terms of Use, you should not use this website.

1. About the Site

The Site, www.arisaig.com, is a website operated by AP Asia. AP Asia is registered in Singapore and has its registered office at 6 Lorong Telok #02-01, Singapore 049019. AP Asia is licensed by the Monetary Authority of Singapore (the “MAS”) pursuant to the Securities and Futures Act (Cap. 289) of Singapore.

When using this Site, you are responsible for complying with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on the Site in certain jurisdictions and we disclaim all responsibility if you download any information from the Site in breach of any law or regulation of the jurisdiction in which you reside or, if different, in which you download such information.

2. Investment Information

The information contained on this Site is provided for general information and, is not an offer to sell, or a solicitation of any offer to buy, any security, investment, or financial service or product.

Opinions expressed on this Site are our opinions only and reflect our views only at the time at which such opinions were expressed. Our opinions reflect our views at such time regarding market conditions and other factors, may depend upon assumptions or projections that may not prove to be correct, and are subject to change.

Nothing contained on the Site is intended to constitute investment, legal, tax or accounting advice. You should consult with your own professional advisors for advice on any investment, legal, tax, or accounting issues relating to matters discussed on this Site.

The information contained on this Site is subject to change without notice. For example, the terms of any security, investment, or financial product or service may be changed without notice.

The distribution of the information contained on the Site in certain jurisdictions may be restricted by law and persons who access it are required to inform themselves and to comply with such restrictions. In addition, this Site and its contents have not been prepared for and are not intended for access by the public in the United States. It is your responsibility to be aware of, to obtain all relevant regulatory approvals, licences, verifications and/or registrations under, and to observe all applicable laws and regulations of any relevant jurisdiction in connection with your entrance to this Site.

Decisions based on information contained on this Site are your sole responsibility. In exchange for using this Site, the visitor agrees to indemnify and hold the Arisaig Group and its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to lawyers’ fees) arising from your use of this Site, from the visitor’s violation of these Terms of Use or from any decisions that the visitor makes based on such information.

3. Risk Factors

Our investment and financial products and services involve substantial risks. You should carefully consider these risks before investing in or purchasing any financial product or service. In particular, you should carefully review and consider all risk disclosures that are provided for any investment or financial products and services. You should evaluate these risks with your professional advisers.

Our services and products, including investment funds managed or sponsored by an Arisaig Group Entity (the “Arisaig Funds“), are available only to those persons who are financially sophisticated, are capable of evaluating the risks and merits of investing in any such products, can bear the economic risk of an investment in such products for an indefinite period, and can afford the loss of their entire investment. The funds referred to in this Site are not authorised or recognisedby the MAS for sale to the public in Singapore.

By making available information on the Site, Arisaig does not represent that any investment vehicle is available or suitable for any particular user. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

4. Compliance with Certain Restrictions Relating to the Arisaig Funds

The Arisaig Group Entities and the Arisaig Funds may be subject to restrictions under the law of jurisdictions in which any Arisaig Group Entity seeks to provide offering materials, subscription documents and other documents relating to an Arisaig Fund, to make offers to sell shares of an Arisaig Fund, or to solicit offers to buy shares of an Arisaig Fund. As a result, the information on this Site is not intended to be available to any person in any jurisdiction where access to or use of such information would be contrary to law or regulation or which would subject any Arisaig Group Entity or any Arisaig Fund to any registration requirement within such jurisdiction (such persons, “Prohibited Persons“).

The information on this Site is intended to be available only to persons other than Prohibited Persons. Prohibited Persons should not access, act upon or rely on any such information.

EEA: A number of the Arisaig Funds are non-EU AIFs, as defined in Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers (“AIFMD”). The relevant Arisaig Group Entity which is the Alternative Investment Fund Manager (“AIFM”) of such Arisaig Funds is established outside the EU and, as such, is a non-EU AIFM for the purposes of AIFMD.

The content of this Site may only be made available in each member state of the European Economic Area (“EEA Member State”) to the extent that the relevant Arisaig Fund is permitted to be marketed to a professional investor as defined by AIFMD (“Professional Investor”) in the relevant EEA Member State in accordance with AIFMD or may otherwise be lawfully distributed to a Professional Investor in the relevant EEA Member State at the initiative of the investor. Persons who are not Professional Investors should not rely or act on the contents of this site.

United States: The content of this Site is not directed at or intended for persons, individuals or entities that are US persons as defined by Regulation S of the United States Securities Act of 1933 (the “Securities Act“), as amended (“US Persons“) and no securities or services are being offered in the United States or to US Persons.

Neither AP Asia nor Arisaig Partners (Mauritius) Ltd holds itself out as an investment adviser in the United States and does not offer its services to the general public in the United States. The content of this Site is only intended for the account of a US Person who is a qualified purchaser as defined in the United States Investment Company Act of 1940, as amended (a “Qualified Purchaser“) and an accredited investor as defined under the Securities Act (an “Accredited Investor“).

Switzerland: The Arisaig Funds have not been registered with the Swiss Financial Market Supervisory Authority and the shares in such Arisaig Funds cannot be distributed in Switzerland to non-qualified investors. Any distribution of the shares in Switzerland may only be made to qualified investors as defined in the Swiss Federal Act on Collective Investment Schemes (“CISA“) and its implementing ordinance (“Qualified Investors”). The content of this Site may only be made available in Switzerland to Qualified Investors.

5. Your use of the Site

By using this website, you have indicated that you accept these Terms of Use, and that you agree to abide by them, and that you are not a Prohibited Person. If you do not agree to these terms and conditions, please refrain from using this website.

Except as otherwise stated in these Terms of Use or as expressly authorized by Arisaig Group in writing, you must NOT use this website (or permit or procure others to use it) as follows:

  1. for any unlawful, improper or illegal purpose or activity;
  2. to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
  3. in a manner intended to threaten, harass, or intimidate;
  4. to violate any Arisaig Group entity’s or any third party’s copyright, trademark, proprietary or other intellectual property rights;
  5. to damage Arisaig Group entity’s name or reputation or that of an Arisaig Group entity’s affiliated company or any third parties;
  6. to penetrate Arisaig Group entity’s security measures or other entities’ systems (“hacking”);
  7. to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this website is free from such items;
  8. to use this Site in any manner that could create impression of affiliation, sponsorship, or endorsement of Arisaig Group;
  9. to post or transmit information that is defamatory, fraudulent or deceptive; and/or
  10. to transmit confidential or proprietary information, except solely at your own risk.

6. Our Liability for Your Use of the Site

Access to the Site is permitted on a temporary basis and we reserve the right to withdraw, restrict or amend the terms of access to the Site without notice. We do not accept any liability if, for any reason, the Site is unavailable at any time or for any period.

Although we seek to assure that the information on this Site is accurate and complete at the time of publication, this Site may contain errors or inaccuracies and no representation or warranty (including implied warranties of merchantability and fitness for a particular purpose), expressed or implied, is made (or accepted) as to its accuracy, completeness, reliability or fitness for any purpose by Arisaig Group or any affiliates or third party providers. The information on this Site is provided “as is”. Under no circumstances, including negligence, will Arisaig Group or any of its affiliates or third party providers be liable for any direct, indirect, incidental, special or consequential loss or damages of any kind arising out of or in connection with access to, reliance on or use of the information on this Site. This paragraph does not limit rights available to you under the laws of your jurisdiction and other rights that may not be waived by contract.

All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

This Site may include forward looking statements, including projections of future economic and financial conditions. We do not make any representation, warranty, guaranty or other assurance that any of these forward looking statements will prove to be accurate.

This Site may contain or be linked to other third-party websites as a convenience for visitors. Arisaig Group has no control over such other websites, the contents therein or the products/services offered. Arisaig Group makes no representations or guarantees as to the accuracy, subject matter, timeliness or quality of information on any linked sites and assumes no liability for the content or presentation of such linked sites. Arisaig Group has not and will not review or update information on any linked sites and cautions that any use made of such information is at your own risk.

The internet is not a completely reliable transmission medium and neither we nor any of our affiliates accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from us or any of our affiliates. Any such transmission of information is entirely at your own risk.

Nothing in these terms of and conditions shall exclude or restrict any duty or liability that we may have to any client under a given regulatory system.

7. Intellectual Property Rights

Unless otherwise expressly noted, all information on this Site are the sole property of AP Asia, which holds and reserves all copyrights, trademarks, service marks, trade names, trade dress and other rights in the same. No material on this Site may be copied, reproduced, republished, uploaded, posted, linked into, transmitted (by electronic means or otherwise), or distributed or used in any way without AP Asia’s written permission. Nothing on the Site should be construed as granting any licence or right in relation to any of our copyrights, trademarks, service marks, trade names, trade dress and other rights.

You must not transmit any virus, “worm”, “Trojan horse”, or other item of a destructive nature to the Site and it is your responsibility to ensure that whatever you download or select for your use from the Site is free from such items.

8. Use of Cookies

The Site uses cookies to record your acceptance of disclaimers displayed on the Site. These cookies are necessary for the functioning of the Site and you cannot opt out of receiving these cookies.

The Site also uses cookies for the purposes of measuring and improving performance of the Site. These cookies allow us to distinguish you from other users and to detect when you visit the Site on two occasions in a 24 hour period. You can opt out of receiving these cookies at any time by adjusting your browser settings.

9. Law and Variation

The Site is established in Singapore by AP Asia in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of Singapore. A condition of using the Site is that in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the Singapore Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

If any specific term or condition of these Terms of Use is determined by a court of competent jurisdiction to be invalid, void or unenforceable, that determination shall not affect the validity of the remaining provisions of these Terms of Use. Headings used in these Terms of Use are for convenience, are not substantive and shall not be used to interpret or construe any of the provisions contained in these Terms of Use. When used in these Terms of Use the words ‘includes’, and ‘including’ shall be deemed to be followed by the phrase ‘without limitation’.

10. Acceptance of Terms

By accessing the Site beyond this point you represent, warrant and confirm that:

  • You are not a Prohibited Person;
  • You are an Accredited Investor within the meaning of the Securities and Futures Act (Cap 289) of Singapore;
  • If you are in the EEA, you are a Professional Investor;
  • If you are in Switzerland, you are a Qualified Investor;
  • If you are in the United States of America, you are a Qualified Purchaser and an Accredited Investor; and
  • You are not otherwise subject to any restriction prohibiting access to this Site imposed by the laws and regulations of your jurisdiction.

If you are unsure about the meaning of any information provided, please consult your financial or other professional adviser.

If you have any enquiries in relation to our site or the information on it, please contact investorrelations@arisaig.com.