Client Privacy Policy

1.    Introduction

Arkus Advisory LLC (Arkus Advisory) is committed to safeguarding your privacy and responsibly managing the information you provide, as well as the information we collect during our daily operations and in connection with our providing wind down management & solvent liquidation, restructuring & insolvent liquidations, debt restructuring & financial analysis, and advisory & consultancy services (the Services).

This Client Privacy Policy (Privacy Policy) outlines the principles by which Arkus Advisory receives and processes personal information relating to an identified or identifiable living individual (Personal Data) disclosed or made available to Arkus Advisory by or on behalf of a client in connection with the Services including:

• types of information, including Personal Data, Arkus Advisory may collect;

• how Arkus Advisory may use and share Personal Data;

• legal grounds for using Personal Data;

• measures in place to protect and securely store Personal Data;

• retention policies for Personal Data;

• your choices and rights in respect of the Personal Data we hold;

• contact details;

• complaints; and

• updates to this Privacy Policy.

In the event of a conflict between the terms of this Privacy Policy and the terms of any other Arkus Advisory document concerning the collection and use of Personal Data, this Privacy Policy shall prevail.

Wherever we state “we,” “our,” or “us,” we mean Arkus Advisory.

An “individual connected to you” could be any guarantor, director, officer, or employee of a company, partners or members of a partnership or limited liability company, respectively, any substantial owner, controlling person, or beneficial owner, trustee, settlor, or protector of a trust, account holder of a designated account, recipient of a designated payment, your attorney or representative (e.g., authorized signatories), agent or nominee, or any other persons or entities with whom you have a relationship that is relevant to your relationship with us. Whenever we say “you,” “individuals connected to you” should be read as included as well.

For the purposes of this Privacy Policy, Arkus Advisory will act as data controller in accordance with the Cayman Islands Data Protection Act (Revised) (the Law).

Please ensure that any relevant individuals are made aware of this Privacy Policy and the rights and information it sets out before providing their information to us or allowing us to obtain it from another source. If you provide information about an individual connected to you, or someone does so on your behalf, it is necessary first to ensure appropriate authority and legal basis for doing so. By providing such information, Arkus Advisory is entitled to assume and rely on the provision as a representation that appropriate authority and legal justification were obtained beforehand.

2.    What We Collect

This Privacy Policy addresses the Personal Data you provide to us or that we otherwise obtain about you. Personal Data excludes data that is completely anonymized or de-personalized and refers to any information that can be used to identify a living individual.

We collect your Personal Data when you provide it to us or otherwise when we receive it related to you. Personal Data may include:

• information relevant to our provision of the Services to you;

• information from third-party service providers who assist us in preventing fraud, money laundering, terrorist financing, and other crimes;

• personal identification information, such as previous names, full names, gender, date of birth, place of birth, occupation, passport information, driving license information, or other photographic identity details, national identity cards, national insurance numbers, and politically exposed person statuses;

• financial information (including sources of wealth), asset details, bank information, and credit history;

• company, entity, or organizational details, including professional and employment information, education, qualifications, employer’s name(s), and details regarding executive roles, beneficial ownership, directorship appointments, and other professional appointments;

• contact information such as email addresses, telephone numbers, physical addresses, and titles;

• information you provide during the course of our relationship (such as information provided via proposal forms, requested forms, or shared during in-person meetings, telephone calls, audio and video teleconference calls, and written correspondence (including email));

• information available in the public domain, public records, or online sources such as court judgments, media articles, and public social media;

• information we collect automatically through cookies and other tracking technologies on our website (please refer to our related website privacy policy); and

• information necessary for fulfilling our regulatory obligations (including Anti-Money Laundering), such as details on suspicious transactions, suspicious and/or unusual activities, and any parties related to you or these activities.

3.    How We Obtain Your Personal Data

We collect information you voluntarily provide during our client intake process through emails, mail, calls, and video conferences. We also collect information when you respond to our communications, complete onboarding forms, and supply data needed for due diligence and regulatory compliance (including AML), or otherwise in connection with us providing the Services to you.

Additionally, we may collect information about you from other sources related to our work, such as entities you're affiliated with, your financial and legal advisors, financial institutions processing your data, third parties, and publicly available sources to update our records and prevent fraud. We may also collect information in the course of providing our Services from regulators, advisors, and your other service providers.

We might receive data from social media platforms when you interact with them or our content there. These interactions are governed by the social media platforms’ own policies and procedures, which you should review before interacting such platforms.

4.    How We Use Your Personal Data

We do not sell, rent, or share any information with unaffiliated third parties except with your explicit prior permission. However, we may share aggregated and/or anonymized data that you provide, as permitted by the Law, for analytics, marketing, and research purposes. From visitors to our website, we collect name, email address, trackers, usage data, first name, last name, company name, session duration, clicks, country, device information, interaction events, and calendar information among other things. We use this information to promote our Services. This statistical data pertains to the browsing actions and patterns of our visitors and does not identify any individual (and thus is not considered Personal Data). For more information, please see our website privacy policy at https://www.arkusadvisory.com/.

We will use Personal Data only to the extent allowed by the Law. Your Personal Data may be used for the following purposes:

• to provide you with the Services and fulfill any engagement letter between you and us (legitimate interest, performance of a contract);

• for our legitimate business purposes, including billing and administrative matters, data analysis, detecting and preventing fraud, concerns related to anti-money laundering and terrorist financing, and other illegal activities (legal obligations, legitimate interests);

• to protect your or another person's interests (legitimate interests);

• when necessary for our or third parties' legitimate interests, provided your interests and rights do not override their interests (legitimate interests);

• to maintain and update our contact lists and client relationship management tools (legitimate interests);

• to respond to your requests or questions and contact you (during the performance of our Services) (performance of a contract);

• to verify your identity and other Personal Data (compliance with legal obligations, legitimate interests);

• to send you alerts and updates regarding the Services (performance of a contract, compliance with legal obligations, legitimate interests), as well as marketing communications and information that Arkus Advisory believes may interest you or that you have requested (legitimate interests);

• to evaluate the effectiveness of and improve our advertising, marketing, events, publications, website, and promotional materials (legitimate interests);

• to ensure our website content is presented effectively for your computer or device (legitimate interests);

• as part of ongoing efforts to keep our website safe and secure and to prevent or detect fraud (legal obligations, legitimate interests);

• where reasonably necessary or appropriate (in our discretion) to comply with legal and regulatory requirements, respond to legal processes, subpoenas, and document production requests issued by litigants, courts, regulators, government authorities, or other third parties; or to protect your, our, or others’ rights; and

• where you consent to the processing of Personal Data for any specific purpose.

5.    Who We May Share Your Personal Data With

We may also share the Personal Data we collect with:

• Arkus Advisory employees may access information only to fulfill their duties and must not disclose it to external parties except for delivering Services, managing requests, or facilitating data use in accordance with this Privacy Policy;

• selected third parties providing information about goods and services that we believe may be of interest to you;

• selected third parties, including marketing agencies and growth marketers, to assist in enhancing our advertising, marketing, events, publications, website, and promotional materials;

• third-party agents and service providers (such as external AML service providers) hired to perform services on our behalf, including web-hosting companies, IT providers, analytics providers, and financial institutions involved in transactions;

• law enforcement agencies, courts, tribunals, government authorities, and regulators as permitted or required by applicable laws for legal or regulatory compliance;

• service providers or potential transaction partners in connection with corporate restructuring, mergers, acquisitions, or takeovers involving Arkus Advisory;

• other parties involved in disputes related to transactions;

• fraud prevention agencies utilizing Personal Data to detect and prevent fraud and verify identities;

• anyone authorized to provide instructions on your behalf (such as under a power of attorney);

• any other party to whom you have consented for us to share your information; and

• insurers who may offer coverage for our business dealings with you.

6.    Legal Grounds For Using Personal Data

We process Personal Data based on the following legal grounds:

• Consent: With your consent, we may use Personal Data as per this Privacy Policy. You can withdraw consent via our website's “Contact us” page. We rely on consent for direct marketing and device or computer information collection where required by law;

• Performance of a Contract: To perform or enter into a contract with you, we may need to collect and use Personal Data. For example, when you engage Arkus Advisory for Services, we use your Personal Data to respond and provide those Services. This may involve sharing Personal Data as detailed in this Privacy Policy;

• Legal Obligation: We collect and use Personal Data to comply with legal obligations, including client due diligence, background checks (KYC/CDD), anti-money laundering, counter-terrorism financing, anti-bribery, anti-fraud, or other regulations; and

• Legitimate Interests: We use Personal Data for our legitimate interests in providing Services. In line with these interests and any applicable laws, we may use this Personal Data and technical information for marketing purposes.

7.    Retention Of The Information We Collect

We retain Personal Data only as long as it is reasonably necessary for the purpose it was collected or as required by applicable laws and regulations. Typically, we are obliged to maintain records for a minimum of five (5) years after our contractual relationship with you ends, or possibly longer, depending on the nature of the data and applicable laws and regulations. We may keep Personal Data for extended periods if we have a legitimate interest in doing so, such as addressing complaints, establishing or defending legal rights or obligations in litigation or other dispute resolution procedures, fulfilling reporting or accounting obligations, responding to regulatory requests, assisting judicial authorities, or complying with broader legal or regulatory requirements.

When we share Personal Data with third parties, their privacy notices and applicable laws and regulations will determine how long they should retain your Personal Data.

No information system can be entirely secure. Therefore, we cannot guarantee the absolute security of your Personal Data. Additionally, we are not responsible for the security of information you transmit to us over networks we do not control, including the internet and wireless networks.

8.    International Transfer Of Personal Data

Where we must transfer Personal Data outside of the Cayman Islands, we will ensure that the transfer is conducted lawfully and that the Personal Data remains adequately secure and protected. Where required, we will ensure separate and appropriate legal agreements with the recipient of the Personal Data.

The reasons for transferring your Personal Data outside of the Cayman Islands include:

• where the Personal Data is to be stored internationally in connection with our KYC, CDD, anti-money laundering, counter-terrorism financing, anti-bribery, and anti-fraud policies and procedures and screening;

• performing Services for you;

• where we need to back up electronic data on cloud-based technology or in data centers located outside of the Cayman Islands;

• where we need to protect the public interest; and

• for your or our own legitimate interests.

The law in some countries might compel us to share certain information. We will only share such information with parties who have lawful authority and permission to access it, and only to the extent that such parties are permitted to see it.

9.    Your Choices and Rights

Where we have relied on your consent to process your Personal Data, you have the right to withdraw that consent at any time as outlined in this Privacy Policy. To withdraw your consent, please contact us through the “Contact us” page on our website. Please be aware that withdrawing your consent may limit our ability to continue providing Services to you.

If you no longer wish to receive marketing communications from us, you can notify us through the “Contact us” page on our website. Should we send automatic or “mail list” marketing communications to you, such marketing communications will contain opt-out mechanisms that allow you to opt-out from receiving those communications, update your contact information, or adjust your preferences at any time. We will adhere and refrain from sending you such marketing communications in line with your selected preferences, which you can modify or revert at any time.

You possess several rights concerning your Personal Data, including:

• the right to access information we hold about you and understand how we process it;

• the right to object to and withdraw your consent to our processing of your data. This right can be exercised at any time. However, we may continue to process your Personal Data if there is another legitimate reason or legal obligation for doing so. Please be aware that withdrawing your consent may limit our ability to continue providing Services to you;

• in some circumstances, the right to receive certain information you have provided to us in an electronic format and/or request that we transmit it to a third party;

• the right to request that we rectify information we hold about you if it is inaccurate or incomplete;

• in some circumstances, the right to request the erasure and deletion of Personal Data we hold. We may, however, continue to retain it if we are entitled or required by law to do so;

• the right to be notified of a data breach (unless the breach is unlikely to be prejudicial); and

• the right to request that we restrict our processing of your information in some circumstances. There may be situations where you object to, or ask us to restrict, our processing of your information but we are entitled to continue processing your information and/or to refuse that request.

You also have the right to file a complaint with the data protection regulator in the Cayman Islands, the Office of the Ombudsman. Their website can be accessed here: https://ombudsman.ky/.

You may also be able to seek redress for any violation of your data protection rights in the Cayman Islands courts or contest a decision by the data protection regulator.

10.  Contact Us

For inquiries about our privacy or data protection practices, please visit our “Contact us” page on our website or by emailing contact@arkusadvisory.com.

11.  Miscellaneous

We may update this Privacy Policy from time to time and we encourage you to review this page periodically. If we make any material changes in the way we collect, use, and/or share the Personal Date that you have provided, we will notify you by posting notice of the changes in a clear and conspicuous manner on our website: https://www.arkusadvisory.com/.

Please ensure that any data you provide to us or ask third parties to provide to us is up to date, accurate, and complete in all respects. Please inform us about any changes as soon as reasonably possible.

We use a range of measures to keep information safe and secure which may include encryption and other forms of security. We require our staff and any third parties who carry out any work on our behalf to comply with appropriate compliance standards including obligations to protect any information and applying appropriate measures for the use and transfer of information. If you wish to know more about our data protection measures, please contact us (details provided above).

This Privacy Policy and any dispute arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the Cayman Islands, without regard to any conflict of laws principles thereof that would call for the application of the laws of any other jurisdiction.

You agree that the courts of the Cayman Islands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Privacy Policy and any dispute arising out of or in connection with it or its subject matter.