In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Agna Management Limited, Agna Holdings and affiliates, or any other group entity. This Privacy Policy comprises part of our terms of use (“Terms of Use”). All capitalised terms used in this Privacy Policy have the same meaning as in the Terms of Use unless otherwise indicated.
This Privacy Policy describes the privacy practices that we follow when collecting and using information about you on our Platform or through other means including e-mails. We ask that you please read this Privacy Policy before using the Platform. It describes what information we gather from you and others who visit or use the Platform, how we use that information, and what we do to protect it. When you access or use the Platform, certain information, including Personal Information may be collected, transferred, processed, stored, and in certain circumstances, disclosed as described in this Privacy Policy.
BY CREATING AN ACCOUNT ON, ACCESSING, OR USING OUR PLATFORM OR OTHERWISE PROVIDING US WITH YOURS OR OTHERS’ PERSONAL INFORMATION, YOU EXPRESSLY CONSENT TO THE INFORMATION HANDLING PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE PERMISSION TO PROVIDE US WITH ALL PERSONAL INFORMATION PROVIDED. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY OR THE TERMS OF USE, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR AN ACCOUNT ON THE PLATFORM.BY CREATING AN ACCOUNT ON, ACCESSING, OR USING OUR PLATFORM OR OTHERWISE PROVIDING US WITH YOURS OR OTHERS’ PERSONAL INFORMATION, YOU EXPRESSLY CONSENT TO THE INFORMATION HANDLING PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE PERMISSION TO PROVIDE US WITH ALL PERSONAL INFORMATION PROVIDED. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY OR THE TERMS OF USE, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR AN ACCOUNT ON THE PLATFORM.
- Definitions
- In this Privacy Policy, the following capitalised terms have the following meanings:
- “Automatic Data” have the meaning as provided in clause 8.
- “Non-personal Information” means information which does not relate to a person and/or cannot be used to identify a person.
- “Personal Information” means any information which can be used to identify an individual.
- “Platform” means this website, app, platform and any service offered by us.
- “Users” means any user of the Platform including a Partner.
- In this Privacy Policy, the following capitalised terms have the following meanings:
- Use of this Platform and Application of the Policy
- Use by Us: We oversee the Platform itself and we may sometimes offer goods or services through the Platform. We may collect some Personal Information about all of our Users, and this Personal Information is used, disclosed and protected according to this Privacy Policy.
- Use by the Users (excluding Partners): The Users may use the Platform to access information about us and for enquiries.
- Use by the Partner: The Partner may use the Platform to access information about us, enquiries and in relation to information related to the Investment Services.
- Key Principles of collection of Personal Information
- We will aim to adhere to the following key principles while processing Personal Information:
- Lawfulness: We will only collect your personal data in a fair, lawful and transparent manner.
- Data minimization: We will limit the collection of your personal data to what is directly relevant and necessary for the purposes for which they have been collected.
- Purpose limitation: We will only collect your personal data for specified, explicit and legitimate purposes and not process your personal data further in a way incompatible with those purposes.
- Accuracy: We will keep your personal data accurate and up to date.
- Data security and protection: We will implement technical and organizational measures to ensure an appropriate level of data security and protection considering, amongst other things, the nature of your personal data to be protected. Such measures provide for the prevention of any unauthorized disclosure or access, accidental or unlawful destruction or accidental loss, or alteration and any other unlawful form of processing.
- Access and rectification: We will process your personal data in line with your legal rights.
- Retention limitation: We will retain your personal data in a manner consistent with the applicable laws, and no longer than is necessary for the purposes for which they have been collected.
- Protection for international transfers: We will ensure that any of your personal data transferred outside the EEA is adequately protected.
- Safeguards towards third parties: We will ensure that personal data access by, and transfers to, third parties are carried out in accordance with applicable law and with suitable contractual safeguards.
- We will aim to adhere to the following key principles while processing Personal Information:
- How do we process your Personal Information
- We will only process your Personal Information where we are permitted to do so by law, meaning when we have one or more legal basis to do so. The following subsections explain how we process your Personal Information.
- Who decides why and how we process your personal data
- We are the data controller of the Personal Information that we process, i.e., the organisation which determines, alone or jointly with another party, how your Personal Information is processed and for what purposes. This means that we are legally responsible for ensuring our systems, processes, suppliers and people comply with data protection laws in relation to the Personal Information that we handle.
- What Personal Information do we collect
- We collect different types of personal data for different reasons. This may include:
- Contact information:Information such as your name, job title, postal address, home address where you provide this to us, business address, telephone number, mobile number, fax number and email address.
- Payment data:Data necessary for us to process payments and implement fraud prevention measures, bank details and other such relevant details.
- Business details: Business information which we necessarily process as part of our instructions or projects we are involved in or otherwise provided by you voluntarily.
- Compliance details:Information we are legally required to collect for compliance purposes, such as “know your client” information, details relevant to international sanctions and restrictive measures and information about relevant and significant litigation, which may impact our ability to act.
- Preferences:Information about your preferences, where it is relevant to the services we provide.
- Platform information: Your password and other related log-in details for platforms maintained by us, where you have access to any.
- Publicly available information: Information collected from publicly available resources, including but not limited to information collected from databases we use to carry out compliance checks or credit rating agencies.
- Statutory Register Information: Information about you on account of an interest or office you may hold in or certain relationships you may have with a corporate entity, partnership, trust or other vehicle to which we provide services.
- We collect different types of personal data for different reasons. This may include:
- Whose Personal Information do we process
- We collect and process the Personal Information of:
- Users of the Platform such as those who use our website and online services, attend our events, and subscribe to our newsletters, email services and other promotional services;
- The Partners;
- Those who apply for a job or work placement with us;
- Our people;
- Contractors, suppliers and other third parties connected to the operation of our business.
- We collect and process the Personal Information of:
- When do we collect Personal Information
- We may collect Personal Information about you when you use the Platform, received through e-mail or interact with us in anyway.
- Information you provide to us: We collect all information which the Users voluntarily provide to us through using the Platform or interacting with us. This includes information provided:
- When you or your organisation seek our services, or use any of our Platform;
- During registration in the Platform;
- When you or your organisation make an enquiry through our website, in person, over email or over the telephone; or
- When you attend a seminar or other events we may organise, or sign up to receive communications from us, including training;
- When you or your organisation provide services to us, or otherwise offer to do so;
- When you uploaded any information onto the Platform in any way.
- Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Platforms (“Automatic Data”). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Platforms, details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries, or information about how you came to the Platforms.
- Information we obtain from others: We may also collect or receive Personal Information from third party sources, other Partners, social media or other third-party integrations.
- Non-personal Information: When you interact with the Platform, we may collect Non-personal Information. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Information do not apply to Non-personal Information. When you register for the Platforms or otherwise submit Personal Information to us, we may associate other Non-Personal Information (including Non-Personal Information we collect from third parties) with your Personal Information. At such instance, we will treat any such combined data as your Personal Information until such time as it can no longer be associated with you or used to identify you.
- How we use your information
- General: We may collect, hold, use and disclose your Personal Information for the following purposes:
- Your name and contact details: We use your name and contact details, such as email, postal address and contact number to continue communications with you.
- Investment Service: To provide services related to investment and partnership with us.
- Manage Business: To manage and administer your or your organisation’s business relationship with us.
- Compliance: For compliance with our legal obligations (such as record keeping obligations), compliance screening or recording obligations (such as under antitrust laws, export controls, trade sanction and embargo laws, for anti-money laundering, financial and credit check and fraud and crime prevention and detection purposes), which may include automated checks of your contact data or other information you provide about your identity against applicable sanctioned-party lists and contacting you to confirm your identity in case of a potential match or recording interaction with you which may be relevant for compliance purposes.
- Photograph: For special events. We will always inform you if this is happening.
- Other Reasons:
- To enable you to access and use our Platform;
- To operate, protect, improve and optimise our Platform, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
- To send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
- To send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
- To administer surveys or other promotional activities or events sponsored or managed by us or our business partners;
- To comply with our legal and regulatory obligations and requests anywhere in the world, including reporting to and/or being audited by national and international regulatory, law enforcement and tax reporting bodies; and
- For any purpose related and/or ancillary to any of the above or any other purpose for which your personal data was provided to us.
- Account-Related Emails: When you create an account with us and provide us with your email address we may, subject to applicable law, use your email address to send you Platform-related notices (including any notices required by law, in lieu of communication by postal mail), updates, news, and marketing messages. For example, when you register for an account, you may receive a welcome email. If the Platform or our services are temporarily unavailable, we may also send you an email notice. Email communications you receive from us will generally provide an unsubscribe link or instructions allowing you to opt out of receiving future emails or to change your contact preferences. Please remember that even if you opt out of receiving marketing e-mails, we may still send you important service information related to your account and the Platform. If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.
- Non-Personally Identifiable Information: We may use non-personally identifiable information, such as anonymized and/or aggregated Platform usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Platform, including to develop new features, functionality, and services, to conduct internal research, to better understand Platform usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.
- General: We may collect, hold, use and disclose your Personal Information for the following purposes:
- When we disclose of Personal Information
- When we disclose Personal Information, we work with our partners to ensure that your Personal Information is protected in accordance with applicable laws. We share your information, including any Personal Information, in the circumstances described below.
- Business Purpose: We disclose your Personal Information for a business purpose to the following categories:
- Our employees and related bodies corporate;
- Third-party suppliers and service providers (including providers for the operation of our Platform and/or our business or in connection with providing our products and services to you);
- Professional advisers, dealers and agents;
- Payment systems operators;
- Our existing or potential agents, business partners or partners; and/or
- Specific third-parties authorised by you to receive information held by us.
- Legal Requirements: We reserve the right to disclose all information collected via the Platform or other means, internally, to affiliates, or to third parties, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion we may disclose information to government regulators, law enforcement authorities or alleged victims of identity theft. We will notify you in the event of a government or legal request for your information unless otherwise prohibited by law.
- Organizational Transitions: If we should ever transfer or restructure the operational ownership of the Platform, such as through a merger with another entity or a reorganization of all or a part of our operational responsibilities or assets, we may disclose, transfer, assign our rights, and/or delegate our duties to your information without notice and consent, including to prospective or actual recipient or acquiring entities. Should this occur, we will contractually require any third party receiving your Personal Information as described under this subsection to provide the same level of privacy protection as provided by us under this Privacy Policy.
- Disclaimer: We cannot ensure that all of your Personal Information will be disclosed only in the ways described in this Privacy Policy. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from the Platform. Even with the most rigorous information security standards, no transmission of data over the internet can be 100% secure.
- Our legal grounds for processing your Personal Information
- Our legal grounds for us processing your Personal Information for the purposes set out in clause 9 and 10 above will typically because:
- you provided your consent;
- it is necessary for our contractual relationship;
- the processing is necessary for us to comply with our legal or regulatory obligations; and/or
- the processing is in our legitimate interest (for example, to protect the security and integrity of our systems and to provide you with service, etc.).
- Our legal grounds for us processing your Personal Information for the purposes set out in clause 9 and 10 above will typically because:
- Transfers of Personal Information
- As we are a global company, we may need to transfer your Personal Information outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the European Economic Area (EEA), which have no data protection laws or laws that are less strict compared with those in Europe.
- When making such transfers, we will ensure that they are subject to appropriate safeguards in accordance with the General Data Protection Regulation (Regulation 2016/679) or other relevant data protection legislation. This may include entering into the EU Commission’s Standard Contractual Clauses. Please get in touch with us for more information about the safeguards we have put in place to protect your Personal Information and privacy rights in these circumstances.
- Your rights relating to Personal Information
- You can choose not to provide Personal Information: You may always decline to provide your Personal Information to us. Registering for an account or otherwise providing your Personal Information is not required to access some of our online content. If you choose not to provide certain Personal Information to us, some of your experiences may be affected.
- You may decline other requests: We use the Personal Information of our Users as needed for the purposes for which it was collected or where you have consented to our use of such information. If you do not wish to provide information to us or do not wish to consent to the uses described in this Privacy Policy, please do not use the Platform, set up an account, or supply the requested information to us.
- Right to access specific information and data portability right: You may have the right to request us that we disclose certain information to you about our collection and use of your Personal Information. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personal Information that we have collected about you;
- The categories of sources for the Personal Information that we have collected about you;
- Our business or commercial purpose for collecting or making available that Personal Information;
- The categories of third parties with whom we share that Personal Information;
- The specific pieces of Personal Information that we have collected about you (also called a data portability request);
- If we disclosed your Personal Information for a business purpose, the business purpose for which such Personal Information was disclosed, and the Personal Information categories that each category of recipient obtained;
- If applicable:
- The categories of your Personal Information that we have made available for valuable consideration;
- The categories of third parties to whom such Personal Information was made available; and
- The category or categories of Personal Information that we have made available to each category of third parties.
- Right to correct Personal Information: Where any Personal Information you have provided us with has changed, or where you believe the Personal Information we hold is inaccurate, please let us know through contact us function below. In addition, please note that if you hold an office or are interested in or have certain relationships with a third party to which we provide services, you and/or the third party may have a contractual or legal obligation to notify us of any change within a prescribed time period. We cannot be responsible for any loss that may arise due to us having any inaccurate, incomplete, inauthentic or otherwise deficient personal data which you or a third party have provided to us.
- Right to delete Personal Information: You have the right to request that we delete your Personal Information that we have collected from you and retained. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records.We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or vendor(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation or legal order;
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Right to opt-out:
- If at any time, we make your information available to third parties other than for a business purpose, you may direct us not to (the “right to opt-out”). Consumers who opt-in may opt-out at any time.
- To exercise the right to opt-out or right to opt-in, you (or your authorized representative) may submit a request to us by contacting us through contact us provided below. However, you may change your mind and opt back in at any time by contacting us through contact us provided below. We will only use Personal Information provided in an opt-out request to review and comply with the request.
- Exercising your rights:
- To exercise the access, correct, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us through contact us provided below.
- Only you, or a person you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
- You may only make such a request for access or data portability twice within a twelve-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
- We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
- We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
- We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
- Non-discrimination: We will not discriminate against you for exercising any of your rights under GDPR.
- Online tracking choices:
- Most browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, some features and services of the Platform (particularly those that require sign-in) may not function properly if your Cookies are disabled.
- Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have the user’s online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about that browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many websites, including the Platform, do not respond to DNT signals.
- Limitation on right: Not all of these rights are absolute, which means that they may only apply in certain situations and may be subject to legal exceptions and exemptions.
- Retention
- We may retain your Personal Information as long as you are registered to the Platform as a User or a Partner. You may close your account by contacting us. However, we may retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
- Safety and information security measures
- Security: We use certain physical, managerial, and technical safeguards designed to preserve the security of your information that we maintain in connection with your use of the Platform. This, however, does not guarantee that your information may not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical or managerial safeguards. In the event that any of your Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you, as appropriate, in accordance with pertinent laws and regulations.
- Storage: We or our third-party hosting providers store Personal Information in operating environments that are safeguarded against public or unauthorized access and protected from internal access with physical and technical security measures. While these measures are helpful to safeguard your Personal Information after we receive it, no transmission of data over the internet is 100% secure.
- Third Party Analytics Providers
- We may use third party analytics providers (“Analytics Providers”) to collect information about Platform usage and the users of the Platform. These Analytics Providers use cookies in order to collect demographic and interest-level information and usage information from users that visit the Platform, including information about the pages where users enter and exit the Platform and what pages users view on the Platform, time spent, browser, operating system, and IP address. Cookies allow Analytics Providers to recognize a user when a user visits the Platform and when the user visits other websites. Analytics Providers use the information they collect from the Platform and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit the Platform and other websites and purchase items.
- Exclusions
- External Links: The Platform may contain links to third party websites and services. We are not responsible for any of the content or features or functionality of other linked websites or services. We are also not responsible for the privacy practices and the terms and conditions of use for any external websites or services. The linked websites and services may collect Personal Information from you that is not subject to our control. The data collection practices of linked third party websites and services will be governed by that third party’s privacy policy and terms of use.
- Children’s Online Privacy: We do not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Platform. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact usand we will endeavour to delete that information from our databases.
- Personal Information Provided to Others:This Privacy Policy does not apply to any Personal Information that you provide to another user of the Platform or a Partner through the Platform or through any other means, information posted by you to any public areas of the Platform.
- Use of cookies or similar devices
- We use cookies on our website. This helps us to provide you with a better experience when you browse our website and also allows us to make improvements to our site. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. If you click on a link to a third-party website or service, a third party may also transmit cookies to you. This policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.
- For more on our cookies policy, please click on [Cookies Policy].
- Changes to our Privacy Policy
- Because our privacy practices and privacy law necessarily evolve over time, we reserve the right to revise this Privacy Policy from time-to-time in our sole discretion, upon notice to you such as by posting updated Privacy Policy on the Platform, sending you an email, or by any other reasonable means. You should periodically review this Privacy Policy to ensure that you are familiar with the most current version. Your continued use of the Platform will constitute your acceptance of the updated Privacy Policy.
- Making a complaint
- If you think we have breached any data privacy law, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us using the contact us feature below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
- Contact Us
- For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us using the details set out below:
- Email: contact@agnaholdings.com
- Address: Agna Management Limited, Agna Holdings and affiliates, 71 Fort Street, Grand Cayman KY1-1111, Cayman Islands
- For further information about our Privacy Policy or practices, or to access or correct your Personal Information, or make a complaint, please contact us using the details set out below:
Terms of Use
- ACCEPTANCE OF TERMS
- This website, app, platform, and any service offered under the name “Agna Holding” (“Platform”) is operated and owned by Agna Management Limited, Agna Holdings and affiliates, or any other group entity (“us”, “we” and “our”).
- Your use of this Platform is subject to these terms of use (“Terms of Use”). The Terms of Use include our Privacy Policy and any other policy displayed on the Platform.
- The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the website constitutes your acceptance of these Terms of Use. If you do not agree to the Terms of Use and our Privacy Policy, you must immediately cease using the Platform.
- We may amend or modify the Platform and/or the Terms of Use at our sole discretion and at any time. Any amendments are effective immediately upon publication on the Platform. Your continued use of the Platform indicates your continued acceptance of the Terms of Use as modified.
- These Terms of Use will prevail over any other terms or agreement between you and us, and constitute the entire agreement between us and you unless another agreement issued by us explicitly states that its terms supplement these Terms of Use.
- For the Partners, these Terms of Use will be supplemented by an offer document, which states the commercial terms on which this Platform and the Investment Services are provided to you (“Investment Agreement“).
- WARRANT OF AUTHORITY
- Access to and use of this Platform is subject to you being:
- At least 18 years old and have the legal capacity to enter into a binding contract; and
- If representing an entity, then disclosing all information to us as necessary and indicated in the Platform.
- Accordingly, by using the Platform or accepting any services, you warrant the above to us. If the above conditions are not satisfied, please cease using the Platform immediately.
- Access to and use of this Platform is subject to you being:
- DEFINITIONS
- In these Terms of Use:
- “Partner” means an individual or an entity with whom we have entered into an Investment Agreement for the Investment Services.
- “Investment Agreement” has the meaning as provided in clause 1.6.
- “Investment Services” mean the service related to investment provided by us to the Partners.
- “You”, “you” or “your” mean, any individual or entity that you represent, who uses or accesses the Platform, including any Partner.
- “Users” means any user of the Platform, including a Partner.
- “Third-Party Platforms” have the meaning provided in clause 11.1.
- In these Terms of Use:
- THE INFORMATION THAT WE COLLECT
- When you visit the Platform, we collect information that helps us understand how people use our Platform so that we can continue to make it more useful and valuable over time. In addition to gathering basic usage information, we also collect information that helps us monitor network traffic and enables us to identify unauthorised or unusual activity on the site. The specific information we collect includes:
- Name of the domain and host from which you access the internet;
- Internet protocol address of the host server you are using;
- Names and version of your web browser;
- Date and time you access our site; and
- Internet address of the site from which you linked to us, where applicable.
- When you visit the Platform, we collect information that helps us understand how people use our Platform so that we can continue to make it more useful and valuable over time. In addition to gathering basic usage information, we also collect information that helps us monitor network traffic and enables us to identify unauthorised or unusual activity on the site. The specific information we collect includes:
- PERSONAL INFORMATION & REGISTRATION
- Unless you register with us, we do not collect your name or email address.
- When you register with the Platform, you will provide us with personal information such as your name, email address, and other details. Please ensure that all personal information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy. We may disclose the personal information to third parties that help us deliver our services (including information technology suppliers, communication ‘suppliers, and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services. By providing personal information to us, you consent to the collection, use, storage, transfer, and disclosure of that personal information as described in the Privacy Policy and these Terms of Use.
- We will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
- You must not impersonate any other person, and you must not use the Platform using anyone else’s credentials. In case you try to present yourself as another person or entity, your account may be terminated, suspended and legal action may be taken against you.
- YOUR CONDUCT
- In using the Platform, you must:
- strictly comply with these Terms of Use (including any policy);
- obey any reasonable direction issued by us;
- obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform;
- not take any action that is likely to impose upon the Platform (or its third-party service providers) a disproportionately large load;
- not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Platform;
- not reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
- not add any content:
- unless you hold all necessary rights, licences, and consents to do so;
- that may result in you or us breaching any law, regulation, rule, code, or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy, or harassing;
- that would bring us or the Platform into disrepute;
- that infringes the rights of any person;
- that you know (or ought reasonably suspect) is false, misleading, untruthful or inaccurate;
- that contains unsolicited or unauthorised advertising (including junk mail or spam); or
- that contains computer or software viruses, files, or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party.
- In using the Platform, you must:
- INFORMATION ON THE PLATFORM – NO OFFER OR ADVICE
- All information provided on the Platform on an “as is” basis, and MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
- Nothing on this Platform should be construed as an offer, invitation, or general solicitation to buy or sell any investment or securities, provide investment advisory services, make personal recommendations, or to engage in any other transaction, and must not be relied upon in connection with any investment decision. Information on this site is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting, or other professional advice or services.
- We make no representations or warranties with regard to the accuracy, completeness, non-infringement, or fitness for a particular purpose of the information provided in the Platform. You should be aware that a significant portion of the information includes or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies, and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms of Use, you should interpret any statements we make (on this Platform or otherwise) in that context.
- Please ensure that your computer security is comprehensive and up to date. We accept no responsibility for viruses, malware, or other malicious or damaging software contained in the information or otherwise.
- The parties may enter into a separate Investment Agreement for the Investment Services. The Partner shall enter into such Investment Agreement based on its own due diligence; and may not reply on the information provided in this Platform.
- We do not guarantee that the Platform or the content on the Platform will be available all the time. We may modify the content on the Platform at our discretion at any given time. To the maximum extent permitted by law, you release us and indemnify us from any claim or loss in relation to any information being provided on the Platform.
- This clause 7 will survive termination of these Terms of Use.
- COOKIES
- We use cookies on our website. This helps us to provide you with a better experience when you browse our website and also allows us to make improvements to our site. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. If you click on a link to a third-party website or service, a third party may also transmit cookies to you. This policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.
- For more on our cookies policy, please click on [Cookies Policy].
- INTELLECTUAL PROPERTY RIGHTS
- Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content and any branding, logos, names, etc.), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.
- You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
- You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify, or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
- You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 9 and that equitable or injunctive relief may be necessary.
- THIRD-PARTY SITES
- The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
- You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
- you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
- we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
- you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
- THIRD-PARTY SERVICES
- In order to use the Platform, you may also use various other services or devices offered by other third parties (including but not limited to carriers, operating systems, mobile devices, software, hardware, applications, etc.) (“Third-Party Platforms”).
- You warrant to us that you will comply with all the terms of use or legal agreements in order to use the relevant Third-Party Platforms.
- We are not liable for anything loss arising in relation to a Third-Party Platform, including but not limited to:
- any failure of or issue with such Third-Party Platform;
- your breach of the terms of use for the Third-Party Platform; and
- your misuse of the Third-Party Platform.
- WARRANTIES, DISCLAIMER AND LIMITATION OF LIABILITY
- We exclude all warranties other than those expressly set out in these Terms of Use.
- We exclude any warranties in relation to the accuracy, suitability, completeness, fitness for purpose, quality, or anything else in relation to the goods or services offered by, through, or on the Platform.
- You acknowledge that you must only rely on your own inquiries in relation to such goods and services or any other information or material contained on the Platform. You should not rely on any information on the Platform to make business decisions.
- We provide the Platform on an “as is” and on an “as available” basis without any warranties as to continuous, uninterrupted, or secure access to the Platform, that its servers are free of computer viruses, bugs, or other harmful components, that defects will be corrected, or that you will not have a disruption or other difficulties in using the Platform.
- We are not responsible for any action of any third-party or User. Any dealings you have with such parties are exclusively entered into between you and them.
- In the event that we terminate the Platform or your access to the Platform pursuant to these Terms of Use, you release us from all liability, loss, or claims suffered by you as a result of or arising out of such termination.
- To the extent that legislation or other law restricts our right to exclude warranties under these Terms of Use, these Terms of Use must be read subject to those provisions, and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms of Use, to the extent that we are entitled to do so, we limit our liability to:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- Subject to the Investment Agreements, our liability arising in connection with these Terms of Use or the Platform is limited as follows:
- we are not liable for any consequential, special, indirect, or remote loss;
- our total maximum total liability arising in connection with these Terms of Use is capped to the total price of any goods or services subject of the liability;
- our liability is limited to the extent that you contributed to the liability;
- we will not be liable to any claim commenced later than 6 months after you had become aware of the facts giving rise to it; and
- our liability is subject to your duty to mitigate your loss.
- All of the above subclauses are cumulative to one another.
- RELEASE
- Subject to the Investment Agreements, to the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- INDEMNITY
- You agree to indemnify, defend, and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
- In clauses 13 and 14:
- “Claim” means a claim, action, proceeding, or demand made against a person concerned however it arises, and whether it is present or future, fixed or unascertained, actual or contingent.
- “Loss” means damage, loss, cost, expense, or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
- “Released Parties” means us and our officers, directors, shareholders, agents, employees, consultants, associates affiliates, subsidiaries, sponsors, and other third-party partners.
- “Relevant Matter” means anything in connection with:
- Any Investment Services, including the Investment Agreement;
- Any use of the Platform;
- Any User including any acts or omissions by the User;
- Any damage to property, personal injury, or death;
- Your breach of these Terms of Use;
- Your use, misuse, or abuse of the Platform; and
- Your breach or failure to observe any applicable law, including without limitation any taxation or employment laws.
- TERMINATION
- These Terms of Use terminate automatically if we cease to operate the Platform for any reason (although any clauses which are reasonably intended to survive termination survive).
- You acknowledge and agree that:
- We may terminate your access to the Platform at any time without giving any explanation without any further liability to you;
- We may terminate these Terms of Use immediately by notice to you in writing if you are deemed to breach these Terms of Use or associated policies in any way, in our sole discretion;
- Termination of these Terms of Use or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination or under the Investment Agreement.
- GENERAL
- All notices must be in writing and must be made through the Platform or by email. Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a business day in Cayman Islands, in which case they are deemed to be received on the next business day in Cayman Islands.
- You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. We may assign our rights under these Terms of Use at our sole discretion.
- If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- These Terms of Use are governed by the laws of Cayman Islands, and each party submits to the exclusive jurisdiction of the courts of Cayman Islands and all courts of appeal from there.
- Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver, and we reserve the right in relation to all breaches unless expressly stated otherwise.
- The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings, or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.
- A provision of these Terms of Use, which can and is intended to operate after its conclusion, will remain in full force and effect – including all indemnities and releases.
- If any provision of these Terms of Use is void, unenforceable, or illegal, it is to be read down so as to be valid and enforceable or, if it cannot be read down, the provision is or, where possible, the offending words are, to be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions (or parts of those provisions) of these Terms of Use, unless this would materially change the intended effect of these Terms of Use.
- CONTACT US
- For further information, please contact us using the details set out below:
- Email: contact@agnaholdings.com
- Address: Agna Management Limited, Agna Holdings and affiliates, 71 Fort Street, Grand Cayman KY1-1111, Cayman Islands
- For further information, please contact us using the details set out below:
Cookie Policy
“Agna Management Limited, Agna Holdings and affiliates”, and any other group entity (“we” or “us” or “our”) may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit our Platform, including any other media form, media channel, mobile website, or mobile application related or connected thereto to help customize the Platform and improve your experience.
We reserve the right to make changes to this Cookie Policy at any time and for any reason. Any changes or modifications will be effective immediately upon posting the updated Cookie Policy on the Platform, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Cookie Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Cookie Policy by your continued use of the Platform after the date such revised Cookie Policy is posted.
- WHAT ARE COOKIES
- A cookie is a small file and holds a certain amount of data, which our website can send to your browser. It may then be stored on your computer’s hard drive and can be accessed by our web server. This cookie data can then be retrieved and can allow us to customise our web pages and services accordingly. It is important to clarify that cookies do not collect any personal data stored on your hard drive or computer.
- HOW WE USE COOKIES
- We use cookies on our Platform for a variety of reasons which you can learn from below. The cookies we use do not store personally identifiable information nor can they harm your computer. We want our Platform to be informative, personal, and as user friendly as possible and cookies help us to achieve that goal.
- By using our Platform, you agree to the use of cookies and other technologies as set out in this policy. We appreciate some Users may like more individual control over their visit to our Platform and can adjust their settings accordingly. You can read all about this in the section below “How to control and delete cookies”. If you do not agree to such use, please refrain from using the Platform.
- TYPES OF COOKIES
- The following types of cookies may be used when you visit the Platform:
- Advertising Cookies: Advertising cookies are placed on your computer by advertisers and ad servers in order to display advertisements that are most likely to be of interest to you. These cookies allow advertisers and ad servers to gather information about your visits to the Platform and other websites, alternate the ads sent to a specific computer, and track how often an ad has been viewed and by whom. These cookies are linked to a computer and do not gather any personal information about you.
- Analytics Cookies: Analytics cookies monitor how Users reached the Platform, and how they interact with and move around once on the Platform. These cookies let us know what features on the Platform are working the best and what features on the Platform can be improved.
- Our Cookies: Our cookies are “first-party cookies”, and can be either permanent or temporary. These are necessary cookies, without which the Platform won’t work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in your browser, but may affect the functionality of the Platform.
- Personalization Cookies: Personalization cookies are used to recognize repeat visitors to the Platform. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the Platform.
- Security Cookies: Security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.
- Platform Management Cookies: Platform management cookies are used to maintain your identity or session on the Platform so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.
- Third-Party Cookies: Third-party cookies may be place on your computer when you visit the Platform by companies that run certain services we offer. These cookies allow the third parties to gather and track certain information about you. These cookies can be manually disabled in your browser.
- The following types of cookies may be used when you visit the Platform:
- HOW TO CONTROL AND DELETE COOKIES
- General: Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the Platform.
- Removing cookies from your device: You can delete all cookies that are already on your device by clearing the browsing history of your browser. This will remove all cookies from all websites you have visited. Be aware though that you may also lose some saved information (e.g. saved login details, site preferences).
- Managing site-specific cookies: For more detailed control over site-specific cookies, check the privacy and cookie settings in your preferred browser.
- Blocking cookies: You can set most modern browsers to prevent any cookies being placed on your device, but you may then have to manually adjust some preferences every time you visit a site/page. And some services and functionalities may not work properly at all (e.g. profile logging-in).
- THE TRACKING TECHNOLOGIES
- In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the Platform to help customize the Platform and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.
- PRIVACY POLICY
- For more information about how we use information collected by cookies and other tracking technologies, please refer to our [Privacy Policy]. This Cookie Policy is part of and is incorporated into our Privacy Policy. By using the Platform, you agree to be bound by this Cookie Policy and our Privacy Policy.
- CONTACT US
- If you have any questions about our use of cookies, you can find the most relevant contact details in our [Privacy Policy].