PRIVACY NOTICE

The AIFM gives the Potential Investors notice that for the purpose of the administration of the managers and shareholders in the Company, the performance of their respective obligations under the Articles, the Quercus Service Agreement, the Investment Agreement, the Shareholder Loan Agreements, and other agreements, and complying with Luxembourg law requirements on the register of beneficial owners, tax reporting obligations (including CRS[1] and FATCA[2]) and other Luxembourg and foreign statutory obligations, each of the Company and the AIFM processes personal data about its managers and shareholders who are individuals, and about directors and beneficial owners of managers and shareholders who are not individuals (the (“Data Subjects”).

Each of the Company and the AIFM collects, records, stores, adapts, consults, uses, discloses by transmission, erases the following categories of personal data relating to the Data Subjects: first name, last name, professional address, private address, nationality, date and place of birth, identification number, picture, identification document, qualification under anti-money laundering regulation (for example the status as a politically exposed person), qualification of status under CRS, FATCA and other tax rules, investment in the Company (including amounts paid to the Company, sums owed to or by the Company), publicly available information (including the result of internet searches), as well as other categories of personal data that the Company and/or the AIFM may be required by law or by contract to process.

Each of the Company and the AIFM will transfer the personal data of the Data Subjects to corporate services providers, accountants, account banks, advisors, the Luxembourg business register, Luxembourg and foreign public authorities who have the power to request such information, to professionals who have the right to request the Company or the AIFM to provide information about the Company’s beneficial owners, managers and shareholders. Each of the Company and the AIFM will also transfer the personal data to suppliers who assist the Company or the AIFM performing the purposes of data processing, such as service providers who assist the Company or the AIFM with its tax filing obligations, providers of IT services of the Company or the AIFM. In accordance with Luxembourg law, the Luxembourg business register will make public the information relating to the managers of Company on a page accessible from https://www.lbr.lu.

Should the Company or the AIFM transfer personal data to a recipient in a country outside of the European Union, before making such transfer the Company or the AIFM, as applicable, would put in place appropriate safeguards compliant with the European General Data Protection Regulation.[3]

The Company and the AIFM will keep the personal data relating to the Data Subjects as long as necessary for the compliance by the Company and the AIFM with their legal obligations, and as long as they have a legitimate interest in keeping the personal data, such as for the purpose of preserving evidence in connection with a dispute involving, the Company, the AIFM, and/or any of their shareholders or managers.

Each Data Subject has the right to request access from the Company and the AIFM to and rectification or erasure of personal data, or restriction of processing concerning the Data Subject and to object to processing as well as the right to data portability. In order to exercise these rights, the data subject shall contact the Company and the AIFM by sending a letter to the registered office of the Company and the AIFM. Each Data Subject also has the right to lodge a complaint with the competent data protection authority, which in Luxembourg is the Commission Nationale pour la Protection des Données (https://cnpd.public.lu/en/particuliers/faire-valoir/formulaire-plainte.html).

The Company and the AIFM either collects the personal data directly from the relevant Data Subjects or relies on the Company’s direct or indirect shareholders, or their agents to gather the personal data. If the Company or the AIFM relies on a third party to collect personal data from the Data Subjects, the Company and the AIFM relies on such third party to share this privacy notice with the Data Subjects.

[1] “CRS” means the Organisation for Economic Cooperation and Development’s Common Reporting Standards of the Organisation as implemented in Luxembourg by the law dated 18 December 2015 relating to Common Reporting Standards, implementing Council Directive 2014/107/EU of 9 December 2014 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation.
[2] “FATCA” means the United States Foreign Account Tax Compliance Act as implemented in Luxembourg by the law dated 24 July 2015 relating to FATCA.

[3] “General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.