Privacy Policy

FountainCap Research & Investment (Hong Kong) Co., Limited (the “Manager”), the funds advised or managed by the Manager and its or their Affiliates and/or delegates (together, for the purposes of this Privacy Policy, “FountainCap”, “we”, “us” or “our”) value our clients and investors and potential clients and investors (“you”). We strive to maintain your trust and confidence in FountainCap.

Collection and Use of Personal Information
We collect certain personal information about you from i) information you provide to us on correspondences, through our website, applications or other forms and ii) information obtained from third parties or other sources, such as publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities. The categories of personal information we may collect include names, residential or business addresses, email or other contact details, signature, nationality, tax identification or ID number, date of birth, place of birth, photographs, copies of identification documents, bank account details, information about assets or net worth, information on investment activities, or other personal information, such as information on political affiliations or criminal convictions that may be contained in the relevant materials and documents provided to us, or obtained through background searches.

Cookies are small files placed on the hard drive of your device, which may track and record information of your activities on our website (including your preference and behaviour, navigation on the website, login identity, etc.). Cookies and similar technology help FountainCap to provide customized services and information. If you prefer not to accept cookies from us, you may set your browser accordingly. If you choose to disable cookies in your browser, you may not be able to access all pages or use certain features on the website.

The personal information supplied by you is required for our operation. Your personal information may from time to time be used for the purposes of:

  1. managing and administering your investment with us, 
  2. managing and maintaining our relationships with you and for ongoing investor service,
  3. investigating and resolving complaints and managing contentious regulatory matters, investigations and litigation,
  4. compliance with the applicable legal and regulatory requirements (including those deriving from anti-money laundering and counter-terrorism legislation),
  5. improving our website and user experience, or
  6. which are directly relating to the above.

This use of your data is necessary 1) for performance of your contract with us, 2) in order for us to comply with any legal or regulatory obligations, or 3) for our legitimate business interest in managing our business including legal, regulatory, personnel, administrative, IT, business development and marketing, management and for the prevention and detection of crime or other breaches of laws and regulations provided our interests are not overridden by your interests.

Failure by you to provide or keep up-to-date personal information may result in FountainCap being unable to offer certain services.

Confidentiality, Security and Retention of Personal Information
We respect your privacy. We maintain reasonable and appropriate, albeit not infallible, physical, electronic and procedural safeguards to protect your personal information against unauthorized or unlawful processing, access, alteration and destruction. More information on the aforementioned safeguards is available upon request.

You have the right to access, review, correct and/or erase (where the records are no longer required) any personal information held by FountainCap about you.

You are free to decide whether to allow us to use your personal information for direct marketing. We will not use your personal information for direct marketing unless we have received your consent to do so. You may withdraw your consent therefor by mail or by email.

How long your personal information will be held for will vary. The retention period will be determined by various criteria, including the purposes for which FountainCap and/or the service providers are 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 FountainCap and/or the service providers have to keep your personal information).

All personal information is managed in accordance with and the use therefor is subject to the Personal Data (Privacy) Ordinance of Hong Kong and other applicable laws.

Disclosure and Transfer of Personal Information
Your personal and investment information will be accessible only to our employees, Affiliates and/or service providers on a need-to-know basis. All such employees, Affiliates, and service providers will be bound to maintain the privacy and security of your personal information in conformance with our privacy policy and applicable laws. We may also share your personal information in order to cooperate with legal or regulatory authorities or pursuant to a court order, subpoena, or similar legal process or government request.

You acknowledge and agree that FountainCap may process personal information that has become available to FountainCap in the process of you using this website, communicating with us and/or establishing business relationship with us in accordance with FountainCap’s personal data privacy policy. Such data processing may include, among other things, the transfer of personal information to countries which may not have data protection laws equivalent to those in Hong Kong or your jurisdiction of domicile. Where we conduct such transfers, they will be made in accordance with applicable data protection laws.

Changes
We reserve the right to change this policy at any time without advance notice. Should any new policy go into effect, we will post it on this website.

Contact Us
For information on our use of personal information in accordance with the Personal Data (Privacy) Ordinance of Hong Kong, please click here.
For information on our use of personal information in accordance with the Data Protection Act of the Cayman Islands, please click here.
For US individuals, please click here.
For residents of United Kingdom and the EEA, please click here.

If you have any inquiries with respect to this Privacy Policy or any requests related to your personal information FountainCap maintains, please contact our Chief Compliance Officer at compliance@fountaincapri.com.

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM.

This website (including all information and materials contained herein) (“Website”) is produced by FountainCap Research & Investment (Hong Kong) Co., Limited (“FountainCap,we, our” or “us”). This Website is for “Qualified Investors” only and is not for retail use.

By accessing this Website, you represent and warrant that you are a “Qualified Investor”, which is (i) a “Professional Investor” as defined under Part 1 of Schedule 1 of the Securities and Futures Ordinance (Cap 571 of the laws of Hong Kong) and the subsidiary legislation made thereunder, each as amended, (ii) either an “accredited investor” as defined in Rule 501(a) of the U.S. Securities and Exchange Commission (“SEC”) Regulation D or a “qualified purchaser” or “knowledgeable employee”, as those terms are defined in Section 2(a)(51) of the U.S. Investment Company Act of 1940, as amended (the “Company Act”), and Rule 2a51-1 thereunder, and Rule 3c-5 thereunder, respectively, (iii) the Qualified Investor as defined under the latest applicable PRC laws and regulations, or (iv) a person that meets the equivalent sophistication requirements in your country of residence. If you are in any doubt about your qualification as a Qualified Investor, you should obtain independent professional legal advice.

IF YOU CONTINUE TO ACCESS THIS WEBSITE, YOU WILL BE DEEMED TO REPRESENT AND WARRANT THAT YOU ARE A “QUALIFIED INVESTOR” AND AGREE TO COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE TO ACCESS THIS WEBSITE.

Information on this Website

FountainCap is licensed and regulated by the Securities and Futures Commission (hereinafter referred to as the “SFC”) in Hong Kong. FountainCap is also registered with the U.S. Securities Exchange Commission (hereinafter referred to as the “SEC”) as a Registered Investment Adviser. This Website has not been reviewed and approved by the SFC or the SEC. The above mentioned regulatory statuses do not imply a certain level of skill or training.

This Website is for information only and therefore should not be construed as an offering memorandum, advertisement or prospectus. Accordingly, this Website is not intended to be a complete description of all terms, exclusions and conditions applicable to the products and services described on this Website. This Website does not constitute the distribution, an offer or solicitation of any kind of purchase or sell of any product, security or instrument whatsoever nor should it be construed as providing any type of investment or other advice or recommendation by us, any of our affiliates or third parties to any person in any jurisdiction where such distribution, offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. Past performance is not an indicator of future results. You must not rely on this Website in evaluating the merits of investing in any product. You should review the relevant product contracts and offering materials and consult with your independent professional advisers before making an investment in the relevant product.

Data Collection and Ownership

By pressing the “I Accept” button below, you consent to us keeping a record of the information provided by you to this Website subject to the provisions of the Personal Data (Privacy) Ordinance of Hong Kong (“PDPO”). We may use it to provide products or services that you request from us or provide products or services which we feel may interest you subject to the PDPO. 

Information, other than personal information but including any ideas, concepts, know-how, or techniques, that we collect from you is treated as non-confidential and non-proprietary and becomes our property. We and third parties on our behalf may use this without charges for any purpose. You waive all applicable rights you may have in any information, other than personal data, you transmit to us via electronic mail or otherwise for any purpose.

Copyright, Linking and Trademark

This Website is protected by applicable copyright laws. Accordingly, you may not reproduce, publish, transmit, reuse, copy, distribute, modify, post or frame-in any information or material on this Website without our prior consent.

We do not endorse and are not affiliated with any links (or any information or materials in them) from another website to this Website.

All trademarks on this Website belong to us or an affiliate, except for third party trademarks which are the property of their respective owners.

Website Access

This website can generally be viewed by all major browsers and screen resolutions: the latest version of Microsoft Edge, Firefox, Safari, and Chrome. Please note that this Website may not appear accurately through other access methods and you use them only at your own risk.

You should not access this Website by any means not intentionally made available by us for your specific use.

 

Disclaimer of Warranties

Information contained on this Website is current as at the date of publication, may be superseded by subsequent market events or for other reasons, and is subject to change without any notice.

No representation or warranty, expressed or implied, is made as to the adequateness, accuracy, completeness or quality of the contents of, or information contained on, this Website. In addition, we do not warrant that this Website will meet your needs, or that it will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. Accordingly, we and our affiliates expressly disclaim any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, consequential, punitive or special damages arising out of, or in any way connected with, any person’s access to or use of this Website. This is true even if we or our affiliates have been advised of the possibility of such damages or losses. In addition, we will not be liable to any person for any loss resulting from a cause over which we do not have control.

You agree by using this Website that you voluntarily assume all risks of using this Website and that you are responsible for any damages that may result from such risks when using this Website.

We may terminate your access to this Website for any reason, without prior notice.

Indemnity

 

You accept full liability to us and our affiliates, whether in contract, tort, strict liability or otherwise, for any direct, indirect, consequential, punitive or special damages, losses, claims, legal actions, liabilities, costs and expenses (“Loss”) to us and our affiliates arising out of, or in any way connected with, your use of this Website or any hyper-linked site, or any breach of the terms of this Website, or any violation of any applicable laws, regulations or any third party’s rights (“Action”). You agree to indemnify, defend and hold harmless us and our affiliates, from and against any and all Loss from your Action.

 

Acknowledgement of Website User Terms and Conditions

The forgoing information (“Terms and Conditions”) constitutes a binding agreement between you and FountainCap, its subsidiaries and affiliates, and their officers, members, partners, managers, agents and licensees, with respect to the conditions upon which you may access this Website and make use of its content. If you use this Website, and for each time you use this Website, your use indicates your full acceptance of and agreement to abide by the Terms and Conditions. Please confirm your acceptance of the Terms and Conditions by clicking on the appropriate button below.

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