Data Protection Policy

Any information concerning investors who are natural persons and other related natural persons (together the “Data Subjects”), which allows the Data Subjects to be directly or indirectly identified (the “Data”), and which is provided to, or collected by or on behalf of the Fund and the Management Company – directly from Data Subjects or from publicly available sources – will be processed by the Fund and the Management Company as joint data controllers (the “Controllers”). The Controllers can be contacted through the Compliance Officer of the Management Company in compliance with applicable data protection laws.

Shomer SA has been appointed as the Data Protection Officer of the Maximus Global Fund. The Board of Directors of the Fund is satisfied that there are sufficient procedures in place to allow for the proper governance, internal control and accountability in respect of the personal data of the investors in the Fund. Shomer SA is registered in Fribourg, Switzerland pursuant to the Swiss Company Act which falls under the Swiss Code of Obligations that regulates contract law and corporations. Shomer SA can be contacted at data@maximusglobalfund.com.

Failure to provide certain Data may result in the prospective investor not being able to invest or maintain an investment in the Fund. Data will be processed by the Controllers and disclosed to, and processed by, service providers of the Controllers such as the Depositary Bank, the Transfer Agent, the Administrative Agent, the Auditor, the Management Company, the Investment Adviser (if any), the Distributor and its appointed sub-distributors, legal and financial advisers (the “Processors”) for the purposes of (a) offering and managing investments and holdings of the shareholders and performing the services related to their shareholding in the Fund, (b) enabling the Processors to perform their services for the Fund, or (c) complying with legal, regulatory and tax including for FATCA and CRS obligations (the “Purposes”).

As part of the Purposes, Data may also be processed for the purpose of direct marketing activities by means of electronic communication, notably for providing Data Subjects with general or personalised information about investment opportunities, products and services proposed by or on behalf of the Fund, its service providers, delegates and business partners.

The legal basis for the processing of Data in the context of such marketing activities will be either the legitimate interests of the Fund such as proposed new investment opportunities to investors or, in particular if required by law, the consent of the Data Subjects for the relevant marketing activities.

The Processors shall act as processors on behalf of the Controllers and may also process Data as controllers for their own purposes. Any communication including telephone conversations (a) may be recorded by the Controllers and the Processors in compliance with applicable legal or regulatory obligations, and (b) will be retained for a period of 10 (ten) years from the date of the recording.

Data may be transferred outside Anguilla or the European Union to countries whose legislation does not ensure an adequate level of protection as regards the processing of personal data. Investors providing the Data of third-party data subjects to the Controllers need to ensure that they have obtained the authority to provide that Data and are therefore required to inform the relevant third-party data subjects of the processing of the Data and their related rights. If necessary, investors are required to obtain the explicit consent of the relevant third-party data subject for such processing.

The Data of Data Subjects will not be retained for periods longer than necessary with regard to the Purposes, in accordance with applicable laws and regulations, subject always to applicable legal minimum retention periods. The investors have certain rights in relation to the Data relating to them, including the right to request access to such Data, or have such Data rectified or deleted, the right to ask for the processing of such Data to be restricted or to object thereto, the right to portability, the right to lodge a complaint with the relevant data protection supervisory authority, or the right to withdraw any consent after it was given.

Genève Capital Management Limited and the Investment Manager, their principals, affiliates and employees and the Fund decline all responsibility in the event that an unauthorised third party gains access to investors’ personal data, except in the event of serious misconduct, deceit or fraud on the part of the entities or the Fund.