Disclosures

Disclosure

Pacific Alternative Asset Management Company Europe LLP (“PAAMCO Europe”)

COMMITMENT TO THE UK STEWARDSHIP CODE

Under Rule 2.2.3R of the Financial Conduct Authority’s (“FCA”) Conduct of Business Sourcebook, PAAMCO Europe, to the extent it is managing investments for a professional client (as defined by the FCA), is required to include a disclosure about the nature of its commitment to the UK Financial Reporting Council’s Stewardship Code (the “Code”) or, where it does not commit to the Code, explain its considered choice based on the Firm’s investment approach. The Code is a voluntary code and sets out a number of principles relating to engagement by investors in UK-listed companies.

PAAMCO Europe, through its Direct Trading business, invests in listed equities in a variety of jurisdictions globally and therefore typical exposure to UK listed companies is limited as part of a wider strategy. The nature of the investment strategies pursued by PAAMCO Europe’s Direct Trading division are such that it is not feasible to commit to complying with any voluntary codes of practice in respect of engagement with investee companies through voting rights. Whilst PAAMCO Europe generally supports the objectives that underlie the Code, the Firm has therefore chosen not to commit to the Code at this time.

 

Terms of Use

Effective Date: August 1, 2017

Thank you for visiting the website of Pacific Alternative Asset Management Company, LLC (“PAAMCO U.S.,” “we,” “us,” or together with our subsidiaries, “PAAMCO”). Please read these Terms of Use (“Terms”) carefully before using this website (the “Site”). By accessing the Site, you acknowledge and agree to accept all of the following Terms pertaining to the use of the Site, which constitute a legal agreement between you and PAAMCO.

These Terms describe the terms and conditions on which PAAMCO offers you access to this Site and any other Site or application on or to which these Terms are linked or referenced. Your visit to this Site is subject to these Terms and our Privacy Policy. By visiting the Site, you agree to these Terms and our Privacy Policy, which may be updated by us at any time. If we update our Terms, we will post the updated Terms. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this Site each time you visit the Site. If you do not agree with any of the Terms, you should not use the Site.

If a provision of an agreement with a customer conflicts or otherwise is inconsistent with a provision of these Terms, then the term of the customer agreement will prevail to the extent of the inconsistency.

If you have any questions or comments about these Terms of Use, please contact PAAMCO Compliance at Pacific Alternative Asset Management Company, LLC, 19540 Jamboree Road, Suite 400, Irvine, California  92612, (949) 261-4900

 1.  Uses of Our Site and Content

You must be the age of legal majority or older in your place of residence to use the Site.

You are required to create an account to use certain features of the Site. You agree that you will maintain your account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your account and use of the Site. You may create only one account.

Pacific Alternative Asset Management Company is a registered trademark in the United States, Canada, Japan, Singapore, Australia and Mexico. PAAMCO is a registered trademark in the United States, Canada, Europe, Japan, Australia and Mexico. Pacific Alternative Asset Management Company Europe and PAAMCO Europe are registered trademarks in Europe. Pacific Alternative Asset Management Company Asia and PAAMCO Asia are registered trademarks in Singapore. completeAlpha is a registered trademark in Singapore, Japan, the EU, the U.S. and Canada and it is a trademark of PAAMCO in Australia.

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

•  PAAMCO grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print Content from the Site solely for your personal and noncommercial use only.

•  You may not use any trademark, service mark or logo of PAAMCO or any third party that appears on the Site without prior written consent.

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

•  If you download any Content from the Site, 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 features or functionality of the Site.

•  You may not distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Site including though time-sharing, use of service bureau or by otherwise making the Site available on a network on which it is accessible by more than one device at any time.

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

•  You may not create more than one Account under false or fraudulent pretenses.

•  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 Site or use or gain access to the identities, information or computers of other users through this Site.

•  You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site.

•  You may not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.

•  You may not collect or store personal data about any other user without his or her express prior written consent.

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

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

You are responsible for the software, hardware and internet service needed to access and use the Site. If you access and use the Site on your smartphone, tablet or other mobile device, you are solely responsible for any and all data and other fees related to use of the Site.

2.  Investment Disclaimers

PAAMCO U.S. operates a number of subsidiaries, namely Pacific Alternative Asset Management Company Asia Pte. Ltd. (“PAAMCO Asia”), Pacific Alternative Asset Management Company Europe LLP (“PAAMCO Europe”), PAAMCO Miren Portföy Yönetimi A.Ş. (“PAAMCO Turkey”), Pacific Alternative Asset Management Company Mexico, S.C. (“PAAMCO Mexico”), and PAAMCO Launchpad, LLC (“PAAMCO Launchpad”). “PAAMCO” collectively refers to PAAMCO U.S., PAAMCO Asia, PAAMCO Europe, PAAMCO Turkey, PAAMCO Mexico, and PAAMCO Launchpad. Assets Under Management (“AUM”) for 2018 is estimated, unaudited, and subject to change.

PAAMCO Prisma refers collectively to PAAMCO and Prisma. Each is an investment adviser registered with the U.S. Securities and Exchange Commission and a wholly owned subsidiary of PAAMCO Prisma Holdings, LLC. PAAMCO is also registered with the Commodity Futures Trading Commission as a commodity pool operator and a commodity trading advisor and is a member of the National Futures Association.

This Site is for general informational purposes only. Under no circumstances should any information or materials presented on the Site 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.

The information contained in this Site is not intended to be, and should not be viewed as, “investment advice” within the meaning of 29 C.F.R. §2510.3-21 or otherwise. This Site 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 PAAMCO or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site 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 PAAMCO is not liable for any action you take or decision you make in reliance on any Content. PAAMCO will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

For Published Articles: Documents and articles contain the current, good faith opinions of the authors but not necessarily those of Pacific Alternative Asset Management Company, LLC and its subsidiaries (collectively, “PAAMCO”). The documents are meant for educational purposes only and should not be considered as investment advice or a recommendation of any type.  The documents may contain forward-looking statements.  These are based upon a number of assumptions concerning future conditions that ultimately may prove to be inaccurate.

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 Site as having been engaged in by PAAMCO are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by PAAMCO.

The information provided on PAAMCO’s Industry Rankings is not intended to reflect approval of PAAMCO in any way. PAAMCO’s receipt of these awards is in no way indicative of any individual client or investor’s experience with PAAMCO or of PAAMCO’s future performance. The criteria used to determine winners of the awards, recognition and rankings varies and includes confidential employee surveys, a publication’s perception of the firm’s thought leadership/influence in the hedge fund industry, an organization’s perception of the firm’s contributions to the community and the perception by journalists and investors of the firm’s role as a standard bearer in the hedge fund industry. Though PAAMCO is occasionally asked to provide information as an input to the surveys, PAAMCO rarely is given the opportunity to review or confirm the material used to determine the awards/rankings. Further, PAAMCO does not confirm or review the accuracy of the rankings. PAAMCO is unaware of any factor that could call into question the validity of the rankings or of any other unfavorable ranking. PAAMCO did not pay a fee to participate in the surveys.

3.  International Use

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

4.  Linked Sites

PAAMCO does not review or monitor any websites linked from or to the Site 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. PAAMCO disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.

5.  Transmission to and from the Site

Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and PAAMCO 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 Site are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that PAAMCO 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. PAAMCO reserves the right to terminate, at any time, any user’s access to this Site without giving notice or a reason for such termination to the user. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

All information that PAAMCO provides to Site 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 Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify PAAMCO 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 Site.

7.  Limitation of Liability and Disclaimers

Although we use commercially reasonable efforts to ensure that the website is accurate, complete and reliable, we do not warrant that the website is accurate, complete, reliable or error-free.

PAAMCO, 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, whether oral or written, with respect to the Site 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 Site and the Content is on an “as is” and “as available” basis to the fullest extent permissible under applicable law. Any oral or written advice provided by PAAMCO and its agents does not, and will not, create any warranty.

In no event shall PAAMCO, 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, reliance, consequential or exemplary damages, including lost profits, loss of data or damage to real, tangible or intangible property, arising out of, or in connection with, any access, use (or inability to use) or distribution of the Site, or any

Content therein. This is true even if PAAMCO has been advised of the possibility of such damages or losses.

YOU AGREE THAT PAAMCO’S MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO $1,000.

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES.

ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that PAAMCO would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

8.  Governing Law and Forum

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

9.  General Terms

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you. These Terms may not be amended unless in writing. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used. Nothing contained in these Terms will be deemed to constitute PAAMCO or you as the agent or representative of the other or as joint venturers or partners.

These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable. Headings and captions are for convenience only.

 

Privacy

Click here to read more about Privacy in the European Economic Area (EEA).

PAAMCO has adopted the Privacy Policy pursuant to SEC Regulations S-P and S-AM and the privacy regulations adopted by the CFTC.  The Privacy Policy generally applies to investors in Clients who are natural persons.  Clients that require a privacy policy share this Privacy Policy.  PAAMCO will provide natural person investors a privacy notice initially and thereafter annually that explains the Privacy Policy.

 1.  Information PAAMCO Collects

PAAMCO collects nonpublic personal information about natural person investors in its funds from the following sources:

Information PAAMCO receives from an investor in subscription documents or other related documents or forms;

Information about an investor’s transactions with PAAMCO, its affiliates, or others; and

Information PAAMCO may receive from a consumer reporting agency.

2.  Disclosure of Information to Non-Affiliated Third Parties

PAAMCO does not disclose any nonpublic personal information (including information gathered from credit reporting agencies) about natural person investors, prospective natural person investors, or former investors to any nonaffiliated third parties, unless (i) it relates to servicing an investor’s account, (ii) an investor has authorized PAAMCO to do so, or (iii) it is permitted or required by law.  Permitted disclosures include information provided to a fund’s custodian or administrator.

3.  Disclosure of Information to Affiliates

As permitted under applicable law, PAAMCO may share information about a natural person investor with its affiliates, which are other financial institutions that provide investment-related research and services to PAAMCO.  Such information includes:

•  Names, addresses, taxpayer identification number and assets under management;

•  Fees received; and

•  Performance returns.

The reasons for sharing information may include:

•  Internal accounting, recordkeeping and auditing;

•  Performance monitoring; and

•  Financial modeling.

PAAMCO does not share information with its affiliates in order for the affiliate to market to a natural person investor without that investor’s consent.

4.  Protection of Nonpublic Personal Information

PAAMCO restricts access to nonpublic personal information to those employees who need to know such information to provide products or services.  Generally, only individuals in the Account Management and Investment Operations Groups will have access to such information.  PAAMCO maintains physical, electronic, and procedural safeguards to guard nonpublic personal information.  Applicable employees will be trained on an annual basis and supervised regarding the existence and implementation of the Privacy Policy.

Any employee who learns of an actual or potential breach of the Privacy Policy is to report the matter as soon as possible to PAAMCO Compliance.  For these purposes, an actual or potential breach is any actual or potential compromise of PAAMCO’s information systems that has resulted in, or could reasonably result in, the unauthorized acquisition of or access to nonpublic personal information maintained by PAAMCO.

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