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Effective URL: https://www.demica.com/regulatory-legal-privacy/
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REGULATORY, LEGAL & PRIVACY MATTERS


THE PURPOSE OF THIS WEBSITE IS TO GIVE POTENTIAL CLIENTS A BETTER UNDERSTANDING
OF HOW DEMICA MIGHT BE ABLE TO HELP THEM AND IS NOT INTENDED TO PROVIDE ADVICE
ON THE SUITABILITY OF DEMICA’S PRODUCTS OR SERVICES TO A VISITOR’S BUSINESS.

TERMS OF USE & DISCLAIMER

References to “you” or “your” are references to any person accessing this
website, including any legal entity on whose behalf an individual has accessed
this website.

This website (with its homepage at https://www.demica.com) is a website operated
by Demica Limited, registered in England with company number 02492599, and
Demica Finance Limited, registered in England with company number 09760816, each
with registered address at Bow Bells House, 1 Bread Street, London, EC4M 9BE,
United Kingdom (together, “Demica”).

Demica Finance Limited is authorised and regulated by the Financial Conduct
Authority, with reference number 728209. Demica Finance Limited is an
advisor/arranger CAD-exempt firm. It does not hold client money or assets.
Regulated products and services are provided by Demica Finance Limited and are
for eligible counterparties and professional clients only.

Each time you use this website, a condition of use is that you comply with these
terms of use. Demica may revise these terms of use at any time, without notice,
by amending this page. You are expected to check this page from time to time to
take notice of any changes Demica makes, as they are binding on you. These terms
of use set out the terms on which you may access and make use of this website,
and they apply to every page of this website, whether or not these terms of use
appear on each individual page. Please read these terms of use carefully before
you start to use this website. By using this website, you have indicated that
you accept these terms of use and that you agree to abide by them. If you do not
agree to these terms of use, please refrain from using this website. Demica’s
products and services may be subject to separate terms and conditions which
shall govern their provision and use.

The information and material included on this website are provided for general
information purposes only and shall not be construed as (i) financial, legal,
tax, regulatory or other professional advice, (ii) an offer, invitation to
offer, or a solicitation or recommendation to invest in any products or services
mentioned herein or to engage in any other transaction, or (iii) Demica acting
in any fiduciary capacity with respect to any such products or services (unless
otherwise expressly set out in a written agreement signed by you and Demica).
The financial outcome of any particular product or service may depend on a
variety of factors including, but not limited to, investor interest, grade of
potential investor market, selling restrictions in target jurisdictions, market
fluctuations, tax considerations, legal documentation and the particular
features of underlying assets. You alone shall be responsible for making your
own independent investigation and appraisal of the risks, benefits and
suitability of any products or services viewed on the website and, to the
maximum extent permitted by law, Demica shall incur no responsibility or
liability whatsoever to you in respect thereof. You should take steps to ensure
that you understand any products or services you are interested in and make an
independent assessment of the appropriateness of such products and services in
light of your own objectives and circumstances including, but not limited to,
possible risks, implications and benefits of entering into such products or
services and seeking relevant advice in any applicable jurisdiction. Opinions
expressed on this website are subject to change at any time.

You must NOT use this website: (i) for any unlawful, improper or illegal purpose
or activity; (ii) to violate Demica’s or any third party’s copyright, trademark,
proprietary or other intellectual property rights; (iii) to damage Demica’s or
any third parties’ name or reputation; (iv) to penetrate or attempt to penetrate
Demica’s security measures or third parties’ systems (i.e. ‘hacking’); or (v) to
introduce viruses, worms, harmful code and/or Trojan horses onto the internet or
into this website or any third parties’ systems or website and it is your
responsibility to ensure that whatever you download or select for your use from
this website or any third-party site (as defined below) is free from such items.
Demica may, in its sole discretion, terminate your use of or access to this
website for any reason including, without limitation, for your non-compliance
with these terms, in the sole opinion of Demica.

The information on this website is communicated by Demica both inside and
outside the United Kingdom and is directed only at persons or entities in
countries where such access and use of information contained herein are not
contrary to local law or regulation. When using this website, you must comply
with all applicable local, national and international laws and regulations,
including those related to data privacy, international communications and
exportation of technical or personal data. It may be illegal to download the
information contained on this website or any third-party site in certain
countries and Demica disclaims all responsibility if you download any
information from this website or any third-party site in breach of any law or
regulation of the country in which you reside.

Demica reserves the right to modify, suspend or discontinue this website, in
whole or in part, temporarily or permanently, with or without notice, at any
time.

IP Rights

The entire contents of this website are subject to copyright with all rights
reserved. The copyright, trademarks and all similar rights of this website and
the contents, including all information, graphics, code, text and design, are
owned by Demica Limited or Demica Finance Limited or their licensors.

The reproduction, dissemination, disclosure, movement, modification,
transmission or publication of the whole or any part of this website in any form
or by any means (including but not limited to electronic, mechanical,
photocopying, recording or otherwise) by any party other than Demica are
prohibited without the prior express written permission of Demica Limited or
Demica Finance Limited, as applicable. Demica has not intended to use any
copyrighted material for the website or, alternatively, has sought to attribute
the copyright of the respective object.

Nothing on this website should be construed as granting any licence or right in
relation to any of Demica Limited’s or Demica Finance Limited’s trademarks or
the trademarks of any third party.

Privacy Policy

Demica, as a data controller, may collect and process personal data about you or
individuals including, without limitation, employees and directors (i) who
represent non-natural persons accessing this website or (ii) as obtained from
other sources and/or from third parties (“personal data”). Where personal data
(including, but not limited to, names, email addresses, addresses and cookies)
is provided via this website, such personal data is deemed to be provided by you
on a voluntary basis. If you are asked to provide Demica with personal data of
other individuals, you must ensure that you have their consent to do so or that
you are otherwise entitled to provide that personal data to Demica.

Demica respects your right to privacy. Personal data you provide via this
website or that Demica otherwise collects or obtains (including from third
parties) will be used by Demica, where in Demica’s legitimate interest for the
following purposes: (i) to respond to your request; (ii) for business
administration, including, but not limited to, statistical analysis; (iii) to
personalise your visit to this website and to assist you while you use this
website; (iv) to improve this website by helping Demica understand who uses this
website; (v) for fraud and money laundering prevention and detection and to
comply with applicable laws and regulations; (vi) to provide you with services
that you request from Demica; (vii) to obtain your feedback on and improve the
services you have requested of Demica including, without limitation, via surveys
hosted by third parties; and (viii) for marketing purposes. You have a right to
object to the processing of your personal data where that processing is carried
out for Demica’s legitimate interest.

Demica may share your personal data with other Demica entities or affiliates.
Your personal data can be accessed by Demica or other entities within the Demica
group where necessary, including for the provision of services to you. Demica
may share your personal data with selected third parties to provide it with
services, including companies that provide it with technical support and
assistance in respect of this website or Demica’s platform and companies engaged
to market Demica products/services. Demica may also share your personal data as
permitted by or in order to comply with any law, regulation, court order,
supervisory, regulatory or similar authority, or in order to enforce or apply
the terms of use of this website or other agreements, or to protect the rights
of Demica, its customers or others. Demica may also transfer your personal data
to a third party that acquires all or part of its assets or shares, or that
succeeds it in carrying on all or a part of its business, whether by merger,
acquisition, reorganisation or otherwise.

Personal data collected from you via this website or that Demica otherwise
collects or obtains (including from third parties) may be transferred to the
recipients described above who may be in countries located outside of the
European Economic Area (“EEA”) (including in the U.S.) which do not provide a
similar or adequate level of protection to that provided by countries in the EEA
or the United Kingdom. Transfers to service providers and other third parties
will be made in accordance with applicable data protection laws (e.g., under the
European Commission’s standard contractual clauses or pursuant to a positive
adequacy decision).

You have certain rights under European Union data protection laws which may be
subject to limitations and/or restrictions, such as possible restrictions on a
data subject’s request regarding personal data that has been processed for
anti-money laundering purposes. These rights include the right to: (i) request
access to and rectification or erasure of your personal data; (ii) restrict
processing or to object to the processing of your personal data; and (iii) ask
for a copy, in a digital format, of your personal data to be provided to you, or
a third party, where held by Demica. All such requests should be made using the
contact details provided above. Demica may require proof of identity in order to
consider or action your request. You also have the right to lodge a complaint
about the processing of your personal data with your local data protection
authority.

Demica may retain your personal data as necessary for internal analytical
purposes, or to provide you with services that you have requested, comply with
its legal obligations, resolve disputes and enforce agreements (e.g.
settlement). The criteria used to determine the retention periods include: (i)
how long the personal data is needed to provide the services and operate the
business; (ii) the type of personal data collected; and (iii) whether Demica is
subject to a legal, contractual or similar obligation to retain the data (e.g.,
mandatory data retention laws, government orders to preserve data relevant to an
investigation, or data that must be retained for the purposes of litigation or
disputes). If you would like more information about applicable data retention
policies, please contact Demica’s General Counsel.

No Warranty, Limitation of Liability and Indemnity

This website, including information and materials contained in this website, or
any other website referred to or accessed by hypertext link or otherwise through
this website (a “third-party site”), text, graphics, software, links and other
items are provided ‘as is’. Demica does not warrant and, to the maximum extent
permitted by law, Demica expressly disclaims any liability for the accuracy,
adequacy, completeness, timeliness or availability of the information and data
contained in this website or any third-party site. Demica expressly disclaims
any liability to you or any third party for any modification, suspension or
discontinuance of this website, and for any errors or omissions in this website
and any third-party site. Demica does not endorse or approve the content of any
third-party site referenced on this website and shall not be liable for any
content contained in any such site. By accessing and/or using a third-party site
or software, you agree to the relevant third party’s terms and conditions. If
you do not agree to such terms and conditions, you should not access or use the
relevant third-party site or software. The views expressed on any third-party
site or in any third-party material are the views of the author(s) and do not
necessarily reflect the views or policies of Demica. If any damage occurs by the
use of information or materials presented on such third-party site, then only
the author(s) of the respective pages may be liable, not Demica. There is no
warranty of merchantability, no warranty of fitness for a particular purpose, no
warranty of non-infringement, no warranty of any kind, whether implied, express
or statutory, in conjunction with this website or any third-party site.

It is your responsibility to ensure the security of data sent by you to Demica
and/or to this website. Demica does not accept any responsibility for the
unauthorised access by a third party and/or the corruption of data sent by you
to Demica and/or to this website.

To the maximum extent permitted by applicable laws and regulations, in no event
will Demica be liable for any damages including, but without limitation, direct,
indirect, special, incidental or consequential damages, losses or expenses
arising in connection with this website or use or misuse thereof or the
inability by any party to use such website, or in connection with any failure of
performance, error, omission, interruption, defect, delay in operation or
transmission, computer virus or line or system failure, even if Demica, or
representatives thereof, are advised of the possibility of such damages, losses
or expenses.

As a condition of your use of this website, you agree to indemnify and hold
harmless Demica, and the partners and employees of Demica and its affiliates
from and against any and all liabilities, claims, damages, losses or expenses,
including legal fees and expenses, (together, “Losses”) arising out of your
access to or use of this website, save to the extent that Demica may not exclude
or limit its own liability for such Losses pursuant to applicable laws or
regulations.

Severability, Governing Law and Jurisdiction

If any provision of these terms of use is held to be invalid, illegal or
unenforceable, in whole or in part, under any enactment or rule of law, such
term or provision or part shall to the extent so held be deemed not to form part
of these terms of use but the enforceability of the remainder of these terms of
use shall be unaffected.

This website is established in England by Demica in accordance with and shall be
governed by, and your browsing in and use of this website shall be deemed
acceptance of, the laws of England and Wales. A condition of using this website
is that in the event of any dispute or proceeding, you irrevocably submit to the
exclusive jurisdiction of the English Courts and waive any objection to
proceedings in such courts on the grounds of venue or on the grounds that the
proceedings have been brought in an inconvenient forum.

© Copyright 2021, Demica Limited. All rights reserved.

© Copyright 2021, Demica Finance Limited. All rights reserved.

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