TERMS AND CONDITIONS OF USE & PRIVACY POLICY FOR OASIS WEBSITE, OASIS TWITTER FEED, AND OASIS SOCIAL MEDIA PLATFORMS

Please read the below terms, conditions and disclaimers carefully. These terms apply to materials available on the Oasis website, Oasis twitter feed, and other social media platforms, as applicable.  You must accept these terms and conditions of use before you can proceed to access any such information, and if you do not agree, you should immediately cease to access such materials.

By accessing and using the Oasis Management Company Limited (“Oasis”) website, https://oasiscm.com (the “Website”), Oasis Twitter feed (@Oasis_Capital), and other forms of social media, you are agreeing to be legally bound by these terms and conditions of use (“Terms of Use”), as applicable. The terms “you” and “user” refer to anyone who accesses the website, the Oasis Twitter feed, or other forms of social media on which Oasis content may appear. Oasis may change these Terms of Use at any time and at its sole discretion, with or without advance notice. Each time you use or access the Website, the Oasis Twitter feed, or other forms of social media on which Oasis content appears, you are responsible for being familiar with, and are bound by, the then-current version of the Terms of Use. Changes will be posted at https://oasiscm.com under “Terms of Use”. Your use of the Website, the Oasis Twitter feed, or other forms of social media on which Oasis content may appear after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes. If you do not agree to be bound by the Terms of Use, you are not permitted to use or access the Website, the Oasis Twitter feed, or other forms of social media on which Oasis content may appear.

 

ABOUT OASIS

Oasis Management Company Ltd. (“Oasis”, “Oasis Management”, or the “Investment Manager”), an exempted company with limited liability incorporated and operating in the Cayman Islands, serves as the investment manager to the Oasis funds.

Prior to its continuation to the Cayman Islands and subsequent renaming, the Investment Manager was a Delaware limited partnership known as “DKR Oasis Management Company L.P.” (“DKR Oasis”). DKR Oasis was formed in 2002 as a joint venture between DKR Capital Partners, LP (“DKR Capital”) and Oasis Management Holdings LLC (“Oasis Holdings”).  DKR Oasis served as the investment manager to the DKR SoundShore Oasis Fund (the “DKR Oasis Fund”) from 2002 through 2010. Effective June 2011, DKR Oasis was restructured into Oasis Management Company Ltd. and DKR Capital does not retain any ownership, management, or other affiliation with Oasis Management.

Oasis Management has been registered as a Commodity Pool Operator (“CPO”) and Commodity Trading Advisor (“CTA”) with the US Commodities Futures Trading Commission (“CFTC”) and a member of the US National Futures Association (“NFA”) (NFA ID: 0323361) since 2002, and is the CPO for the Oasis II Fund, which is itself a registered commodity pool (Commodity Pool ID: P058227) operated pursuant to CFTC Rule 4.7. Oasis Management is also the CPO for the Oasis II Fund feeder funds – Oasis Investments II Offshore Feeder Ltd. (“Oasis II Offshore Feeder”) (Commodity Pool ID: P058228) and Oasis Investments II US Feeder Ltd. (“Oasis II US Feeder”) (Commodity Pool ID: P106083), and the Japan Strategic Fund feeder funds — Oasis Japan Strategic Fund Offshore Feeder Ltd. (“Japan Strategic Offshore Feeder”) (Commodity Pool ID: P137189) and Oasis Japan Strategic Fund US Feeder Ltd. (“Japan Strategic US Feeder”) (Commodity Pool ID: P137190). The Oasis funds are not registered as an investment company under the US Investment Company Act of 1940, as amended (the “US Company Act”), and thus are not required to adhere to certain investment policies under the US Company Act.

The Oasis II Fund, the Oasis II Offshore Feeder, and the Oasis II US Feeder are registered with the Cayman Islands Monetary Authority (“CIMA”) as registered mutual funds (No. 588092, No. 580053, and No. 579972 respectively). The Japan Strategic Fund, the Japan Strategic Offshore Feeder, and the Japan Strategic US Feeder are registered with CIMA as registered mutual funds (No. 736405, No. 736406, and No. 736408 respectively).  Other Oasis special purpose vehicles may be registered with CIMA and/or other regulatory authorities. 

The Hong Kong Investment Adviser to the Investment Manager is Oasis Management (Hong Kong) (the “Hong Kong Investment Adviser” or “Oasis Hong Kong”), a wholly-owned affiliate of Oasis.  The Hong Kong Investment Adviser has been licensed since 2004 with the Hong Kong Securities and Futures Commission (“SFC”) to carry out Types 4 (advising on securities), 5 (advising on futures contracts) and 9 (asset management) regulated activity under the provisions of the Securities and Futures Ordinance (Cap.571).  The Hong Kong Investment Adviser is also registered with the Asset Management Association of China (“AMAC”) as an Investment Advisor (AMAC Reg. No. H19022), and with the China Securities Regulatory Commission (the “CSRC”) as a registered qualified foreign institutional investor (a “QFII”) (QFII Reg. No. QF2020ASF331).

Oasis Management (Japan) Ltd. (“Oasis Japan”) is a wholly-owned affiliate of Oasis operating in Tokyo that provides research and investment advisory services to Oasis and its affiliates under the Financial Instruments and Exchange Act. Oasis Japan has been registered with the Kanto Local Finance Bureau (“KLFB”) as a Financial Instruments Business (Investment Advisory Business) (KLFB Reg. No. 3270) since 2021.

Oasis Management (Israel) Ltd. (“Oasis Israel”) is a wholly-owned affiliate of Oasis operating in Tel Aviv that provides support services to Oasis.  Oasis Israel is not registered or licensed in Israel or any other jurisdiction at this time.

The Investment Manager has also retained the services of Oasis Capital Partners (Texas), (“OCPI”) Inc. and Oasis Capital Advisors, LLC (“OCAL”), wholly-owned affiliates of Oasis operating in Austin, Texas.  OCPI has been registered with the US Securities & Exchange Commission (“SEC”) as a Registered Investment Advisor (“RIA”) under the US Advisers Act (IARD/CRD # 171703) since 2014 and has filed a Form ADV with the SEC.  Oasis Management, Oasis Hong Kong, Oasis Japan and OCAL are each included on OCPI’s Form ADV as “relying advisers” and as such are registered as “Relying Advisors” with the SEC.

The portions of this website relating to or under the control of Oasis Capital Partners (Texas) Inc. are only intended for clients and interested investors residing in states in which Oasis Capital Partners (Texas) Inc. is qualified to provide investment advisory services.  Please contact Oasis Capital Partners (Texas) Inc. at +1-512-255-1025 to find out if the investment adviser is qualified to provide investment advisory services in the state where you reside.  Oasis Capital Partners (Texas) Inc. does not attempt to furnish personalized investment advice or services through this website.

 

ABOUT OASIS CONTENT ON SOCIAL MEDIA PLATFORMS

No Oasis content published on any social media platform is an offer to sell or a solicitation of an offer to buy shares of any Oasis investment product to any person in any jurisdiction in which an offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Additionally, all Oasis content published on any social media platform is for informational purposes only and should not be considered as investment advice or a recommendation to invest in any particular security, strategy ,or investment product. Oasis is not engaged in rendering any tax, legal or accounting advice. Please consult with a qualified professional for this type of advice. References to specific securities and their issuers or other investments are not intended and should not be interpreted as recommendations to purchase, sell or hold such securities or other investments. Oasis products and strategies may or may not include the investments referenced and, if such investments are included, no representation is being made that such investments will continue to be included. Personnel of Oasis may or may not invest, directly or indirectly, in the specific investments and their issuers that are referenced in Oasis content by such personnel. Although Oasis have taken reasonable care to ensure that the Oasis content is accurate, no representation or warranty (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability, or completeness by Oasis.

 

USE SOCIAL MEDIA PLATFORMS AT YOUR OWN RISK

Oasis and its respective affiliates, directors, officers, registered representatives or employees are not liable for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access or use of, or inability to access or use, a social media platform, or reliance on any Oasis content or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with a social media platform. Use of a social media platform is at your own risk.

 

PRIVACY POLICY – SOCIAL MEDIA PLATFORMS

Oasis is not responsible for the privacy policies of any social media platform on which Oasis content may appear.

 

USE OF THE OASIS WEBSITE

Oasis owns, operates, and maintains the Website. The Website and the content, including, but not limited to, text, data, information, reports, images, photos, graphics, graphs, charts, animations and video displayed on the Website (the “Content”) is the property of Oasis, or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered, or unregistered Marks of Oasis, or others. Nothing contained on the Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written consent of Oasis, or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.

You agree that when accessing Content on the Website, you shall not use such Content for any purpose that is contrary to, or violates, any applicable law or regulation. In addition, the use of the Website is for your personal and non-commercial use. You may print, copy, and download any Content contained in the Website for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content obtained on the Website, except as otherwise expressly provided herein, without the express prior written consent of Oasis. If you copy or download any Content you agree not to obscure, delete or modify any notices or legends contained therein.

If you use or access (or attempt to use or access) the Website in breach of any of the Terms of Use, neither Oasis nor any of its associates or affiliates will be liable to you for any loss or damage that may result to you or a third party (including without limitation, any direct, indirect, incidental or consequential loss or damage, or any loss of revenue, business profits, goodwill, data, or any opportunity) in connection with such use or access (or attempt to use or access) of the Website.

 

USE OF PASSWORDS

In order to access certain parts of the Website you will be required to select a username and a password. Only you are authorized to use your password and you may not transfer your password to any other person. Any such transfer of passwords or use of passwords by an unauthorized person is strictly prohibited. Please safeguard your username and password carefully.

 

INFORMATION ON THE WEBSITE

The Website contains:

  • General information about Oasis, its principal employees, and its research.

 

PURPOSE AND ACCURACY OF INFORMATION ON THE WEBSITE

The information on the Website (the “Content”) is directed only at persons or entities in any jurisdiction or country where access to Content and use of such Content is not contrary to local law or regulation. Accordingly, you are responsible for informing yourself of and complying with any such restrictions. Nothing on the Website is intended to, nor will, constitute an offer (or an invitation to make an offer) to buy, sell or otherwise transact in any investment fund and/or strategy referred to on the Website or any other security or financial instrument, or to provide any investment services or advice in any jurisdiction. The Content is provided by Oasis and certain third parties for information purposes only. Oasis has neither sought nor obtained the consent from any third party to use any statements or information contained herein that have been obtained or derived from statements made or published by such third parties. Any such statements or information should not be viewed as indicating the support of such third parties for the views expressed herein.  To the best of our ability and belief, all information contained herein is accurate and reliable, and has been obtained from public sources we believe to be accurate and reliable, and who are not insiders or connected persons of the stock covered herein or who may otherwise owe any fiduciary duty or duty of confidentiality to the issuer. We expend considerable time and attention striving to ensure that our research analysis and written materials are complete and accurate, and we strive for accuracy and completeness to support our opinions, and we have a good-faith belief in everything we write, however, all such information is presented “as is,” without warranty of any kind – whether express or implied. Oasis expressly disclaims any responsibility or liability for any loss howsoever arising from any use of or reliance on any of the Content contained in the Website or any of their contents as a whole or in part by any person, or otherwise howsoever arising in connection with the same. Oasis is not under any obligation to provide any updated or additional information or to correct any inaccuracies in the information contained herein. The Content is provided without obligation on the part of Oasis and its associated companies and on the understanding that any person who acts upon it or changes his or her investment position in reliance on it does so entirely at his or her own risk. The Content is current only as at the date it is first posted and may no longer be true or complete when viewed by you. Additionally, the Content may be changed or amended without prior notice.

Nothing in these Terms of Use is intended to exclude or restrict any duty or liability that Oasis may have to its customers under the applicable law.

 

NO ADVICE

This confidential information is for informational and educational purposes only.  Nothing contained in the Website is investment advice nor should it be construed as such. You should do your own research and due diligence before making any investment decision with respect any securities referenced herein. The information on the Website is provided solely on the basis that you make your own investment decisions and does not constitute a personal recommendation or investment advice or create a business or professional services relationship. Unless separately and expressly agreed, Oasis neither provides investment advice to, nor receives and transmits orders from, nor carries on any other MiFID investment services and activities for, users of the Website.

No assurance can be given that any Oasis investment objectives will be achieved or successful or that Oasis’s investments will make any profit or will not sustain losses. Past performance is not necessarily indicative of future results, and performance may be volatile.  Targets or other return objectives contained herein are based upon subjective estimates and assumptions about circumstances and events that may not yet have taken place and may never occur. If any of the assumptions used do not prove to be true, results may vary substantially. Target returns shown are net of fees and expenses, and represent possible returns that may be achieved only for the period of time expressly identified.

The information herein may contain forward-looking statements which can be identified by the fact that they do not relate strictly to historical or current facts and include, without limitation, words such as “may,” “will,” “expects,” “believes,” “anticipates,” “plans,” “estimates,” “projects,” “targets,” “forecasts,” “seeks,” “could” or the negative of such terms or other variations on such terms or comparable terminology. Similarly, statements that describe Oasis’s objectives, plans or goals are forward-looking. Any forward-looking statements are based on Oasis’s current intent, subjective belief, expectations, estimates and projections. These statements are not guarantees of future performance and are subject to change due to a variety of factors, including fluctuating market conditions and economic factors, and involve risks, uncertainties, assumptions and other factors that are difficult to predict or quantify, are beyond Oasis’s control and that could cause actual results to differ materially.  Accordingly, you should not rely upon forward-looking statements as a prediction of actual results and actual results may vary materially from what is expressed in or indicated by the forward-looking statements.

Any examples of strategies, trade ideas, or case studies are intended for illustrative and discussion purposes only and are not necessarily indicative of the historical or future strategy or performance or the chances of success of any particular strategy. There can be no assurance that investment opportunities described herein will become available in the future.  It should not be assumed that any investments described by any models would be profitable if implemented because among other things, assumptions described herein may not materialize.  Any specific investments or case studies referenced in this presentation were selected for inclusion herein based on objective, non-performance based criteria solely for the purpose of describing the investment processes and analyses used by Oasis to evaluate such investments.  A complete list of historical investments can be made available upon request.

NO OFFER OF SECURITIES

This confidential information is for informational and educational purposes only.  Nothing contained in the Website is an offer to sell nor a solicitation of an offer to purchase any security. Such offer or solicitation may only be made pursuant to the current offering memorandum of a fund that will be provided only to qualified offers. Any investment decision with respect to a fund should be based upon the information contained in the offering memorandum of such fund. Access to information for Oasis funds is limited to investors who are qualified as an Accredited Investor and Qualified Eligible Person under the U.S. federal securities laws and as a “professional investor” within the meaning provided in the Hong Kong Securities and Futures Ordinance, and who are otherwise deemed to be sophisticated in financial matters and deemed capable of evaluating the investment strategy and risks of the relevant Oasis fund(s).

The following persons include “professional investors” for the purposes of the HK SFO:

  • any individual, either alone or with any of his associates on a joint account, that has a portfolio of not less than HK$8,000,000 or its equivalent in any foreign currency (as at the date the person invests in the Fund or as certified by an auditor or a professional accountant or ascertained from custodian statements sent to the person within the 12 months prior to the date the person invests in the Fund); or
  • any corporation or partnership having either: (i) a portfolio of not less than HK$8,000,000 (or its equivalent in any foreign currency); or (ii) total assets of not less than HK$40,000,000 (or its equivalent in any foreign currency) as at the date the corporation or partnership invests in the Fund or by reference to the corporation’s/partnership’s most recent audited financial statements that are no more than 16 months old or ascertained from custodian statements sent within 12 months prior to the date the corporation invests in the fund.

These materials have not been reviewed by any regulatory authority, including in the US or in Hong Kong.  No advertisement, invitation or document relating to any shares issued by any private fund managed or advised by Oasis may be in the possession of any person for the purpose of issue (in each case whether in Hong Kong or elsewhere), which is directed at, or the contents of which are likely to be accessed or read by, the public in Hong Kong (except if permitted to do so under the laws of Hong Kong) other than with respect to shares which are or are intended to be disposed of only to persons outside Hong Kong, or only to “professional investors” within the meaning of the HK SFO and any rules made pursuant to the HK SFO. If you do not meet the requirements of a professional investor or otherwise do not intend to comply with these rules, you must not access the information on the Website.

 

RISK FACTORS

INVESTMENT IN ANY OF THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE WEBSITE CARRIES SUBSTANTIAL RISK, INCLUDING THE POSSIBLE LOSS OF PRINCIPAL. THERE IS NO GUARANTEE THAT THE INVESTMENT OBJECTIVES OF THE FUNDS AND/OR STRATEGIES WILL BE ACHIEVED AND RETURNS MAY VARY SIGNIFICANTLY OVER TIME. INVESTMENT IN THE FUNDS AND/OR STRATEGIES DESCRIBED ON THE WEBSITE IS NOT SUITABLE FOR ALL INVESTORS.

PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.

FUND OFFERING DOCUMENTS CONTAIN RISK WARNINGS THAT ARE SPECIFIC TO EACH FUND THAT MAY BE DESCRIBED ON THE WEBSITE.

INVESTORS SHOULD ONLY INVEST IN A FUND ONCE THEY HAVE THOROUGHLY REVIEWED THE PROSPECTUS AND OTHER OFFERING DOCUMENTS FOR THE FUND AND CAREFULLY CONSIDERED THE RELEVANT INVESTMENT OBJECTIVES, RISKS, CHARGES AND FEES. INVESTORS MAY WISH TO CONSULT AN INDEPENDENT FINANCIAL ADVISOR FOR PERSONAL AND SPECIFIC INVESTMENT ADVICE BEFORE INVESTING.

Exchange rates may cause the value of overseas investments and the income arising from them to rise or fall. The levels and bases of and reliefs from taxation may change. Tax reliefs referred to, if any, are those currently available and their value depends on the circumstances of the individual investor. Investors should consult their own tax adviser in order to understand any applicable tax consequences.

 

LIMITATIONS OF USE

You warrant that you will not use the Website to conduct or engage in unlawful activities, to violate any law or regulation, or to violate or infringe upon the rights of Oasis, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You shall not use or introduce into the Website any device, software, or routine that could damage or interfere with the proper operation of the Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that Oasis reasonably determines to be abusive, or use any scraper, robot, spider, or other automated mechanism to access the Website or download the Content.

Oasis reserves the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring. Oasis reserves the right to terminate your access to and use of the Website if, in Oasis’s reasonable belief, you have violated the usage limitations set forth in these Terms of Use.

 

LINKS TO OTHER SITES

The Website may contain links to other websites not supported by Oasis. Such links are provided as a convenience to you. The inclusion of any link does not constitute an endorsement, authorization, sponsorship, affiliation or monitoring by Oasis with respect to such linked website or its owners. These sites contain information that has been created, published, maintained or otherwise posted by institutions or organizations independent of Oasis.  Oasis does not endorse, approve, certify or control these websites and does not assume responsibility for the accuracy, completeness or timeliness of the information located there. Visitors to these websites should not use or rely on the information contained therein until consulting with an independent finance professional. Oasis does not necessarily endorse or recommend any commercial product or service described at these websites. Oasis has not verified the accuracy or completeness of any information in such linked sites, and makes no representations as to the information contained therein. Accessing any linked sites is at the user’s own risk. You should review the applicable terms of use and privacy policies in connection with your use of such third party sites.

 

DISCLAIMER OR WARRANTIES

THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. OASIS DOES NOT WARRANT THAT THE CONTENT OR THE WEBSITE WILL BE FIT FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OASIS ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, THE FUNCTIONS AND INFORMATION CONTAINED IN THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS, WILL BE TIMELY OR ERROR-FREE, OR WILL CONTAIN NO VIRUSES OR OTHER HARMFUL COMPONENTS. OASIS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL OASIS NOR ANY OF ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. IN NO EVENT WILL OASIS OR ANY OF ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.

 

STANDARDS BOARD FOR ALTERNATIVE INVESTMENTS DISCLAIMER

Oasis is in conformity with the Standards set out by the Standards Board for Alternative Investments Limited.  No responsibility, duty of care, or liability whatsoever (whether in contract or tort or otherwise including, but not limited to, negligence) is or will be accepted by the Standards Board for Alternative Investments Limited (“SBAI”) or the Board of Trustees of SBAI (the “Board of Trustees”) to signatories, investors or any other person in connection with the Standards or any Conformity Statement or Disclosure Statement made by any signatory.

Neither SBAI nor the Board of Trustees is a regulator of the hedge fund industry and their role does not extend beyond being a custodian of the Standards. Neither SBAI nor the Board of Trustees will seek to enforce compliance with the Standards by signatories. The fact that a manager is a signatory to the Standards is not and should not be taken as an endorsement of such manager by SBAI or the Board of Trustees or as a representation by SBAI or the Board of Trustees that such signatory operates in conformity with the Standards. In determining whether to accept a manager’s application to become a signatory (or whether to revoke a manager’s status as a signatory), the Board of Trustees will be entitled to rely on the information provided to it by such manager without further investigation or verification. Further, subject to any duties a Trustee may have under applicable law, it is not envisaged, or expected, that a Trustee will when participating in any such decision of the Board of Trustees take into consideration information which it may possess otherwise than in its capacity as a Trustee. For the avoidance of doubt, Trustees are acting as individuals. SBAI and the Board of Trustees of SBAI do not accept any responsibility or liability for any loss or damage caused to any person who acts or refrains from acting as a result of anything contained in or omitted from the Standards or any Conformity Statement or Disclosure Statement made by any signatory or in reliance on the provisions of or material in the Standards or any Conformity Statement or Disclosure Statement made by any signatory, whether such loss or damage is caused by negligence or otherwise.

 

PRIVACY

Oasis is committed to maintaining your privacy. The privacy provisions of these Terms of Use apply only to information collected by the Website.

 

PERSONAL DATA

In connection with making available investment products and services to current and potential customers, Oasis may obtain non-public personal information (“Personal Data”) about you, including information that is within the meaning of the Data Protection Law of the Cayman Islands (2021 Revision) (as amended from time to time) (the “DPL”) and other similar applicable data protection laws. Personal Data may include your name, address, e-mail address, social security number, corporate contact information, signature, nationality, place of birth, date of birth, tax identification, credit history, correspondence records, passport number, bank account details, assets, income, financial situation, transaction history, source of funds and details relating to your investment activity. Oasis may request Personal Data from you (including for example, your name, business email address as well as other personal information within the meaning of the DPL) when you register to use the website.  Oasis strives continuously to maintain the highest standards of confidentiality and to respect the privacy of our clients and potential clients. We are strongly committed to protecting the privacy of personal data that we may collect and maintain about you.

In addition to Personal Data collected during registration, Oasis may collect Personal Data about you from the following sources:

“Information Oasis receives from you on applications, forms, questionnaires, agreements or in the course of establishing or maintaining a relationship with you” and “Information about your transactions with Oasis, its affiliates, or others”.

You do not have to provide Oasis with any Personal Data to visit the Website, however, if you choose to withhold the requested information, you may not be able to visit all sections or use all features of the Website.

The Part VI A provisions under the Hong Kong Personal Data (Privacy) (Amendment) Ordinance 2012 (as amended from time to time) came into effect on April 1, 2013. Oasis’s Hong Kong affiliate may also collect and use your Personal Data (including your name and contact details) to communicate with you regarding updates and activities that Oasis initiates or is involved in. If you no longer wish to receive any communications, or materials and updates from us, please contact Oasis at OasisCompliance@oasiscm.com or inform us by post any time, and you will not receive any further communications.

Oasis may also obtain, retain, and process your Personal Data for the following reasons:

 

Contractual Obligations

  • To maintain our business relationship in accordance with our legal agreement(s) with you, we will require your personal data for matters such as managing and administering your service relationship with us including assessing and processing you as a client; commencing the relationship; communicating with you about your holdings on an on-going basis etc.; update and maintain records and provide reporting.

Legal And Regulatory Obligations 

Oasis is subject to various legal and regulatory obligations such as laws relating to money laundering, compliance with court orders etc. The purpose of processing your personal data may include carrying out anti-money laundering (“AML”), FATCA/CRS requirements, and counter-terrorists checks that includes sharing data with the police, law enforcement and other government, regulatory and fraud prevention agencies; to report tax related information to tax authorities; to investigate and resolve complaints and manage regulatory matters, investigation and litigation.

Legitimate Interest

  • Most commonly, we will process your personal data where it is necessary for our legitimate interests that may include for purposes such as to manage our relationship with you efficiently; to manage risk exposed to our business; for the prevention of fraud; to facilitate our business activities relating to its products and services as direct marketing.

We will process and retain your personal data as long as lawfully for us to do so to comply with legal and regulatory obligations.  We will store your Personal Data for as long as necessary to fulfil our contractual, regulatory and statutory obligation. You are entitled to access any Personal Data held by Oasis by sending a written request to OasisCompliance@oasiscm.com.  You may be required to supply Oasis with details to verify your identification for security precaution.

Oasis does not disclose Personal Data about investors, prospective investors or former investors to any third party, other than to our affiliates, and except as permitted by law, such as to our attorneys, auditors, brokers and regulators and certain service providers, in such case, only as necessary to facilitate the acceptance and management of an investor’s account. Thus, it may be necessary, under anti-money laundering and similar laws, to disclose information about investors in order to accept subscriptions from them. We will also release information about you if you direct us to do so, if compelled to do so by law, or in connection with any government or self-regulatory organization request or investigation.  Oasis may also disclosure your personal data to the following categories of data recipients:

  • to its respective affiliates and third-party service providers for the purpose of providing services to you;
  • to public entities and institutions (e.g. regulatory, tax or other authorities, law enforcement agencies, courts etc.);
  • to any relevant third-party buyer(s) in the event of any sale merger or other disposal of any of our business or assets; and/or
  • to our professional advisers (e.g. auditors, accountants, financial advisors, lawyers etc.).

Any transfer of Personal Data by us outside of the Cayman Islands shall be in accordance with the requirements of the DPL.

In certain circumstances, your personal data may be transferred and stored in countries outside the European Economic Area (“EEA”). Some of these countries may not have the same level of protection as the data protection legislation inside the EEA.

Where we transfer your Personal data to these other countries, we may rely on:

  • the country having an adequate level of data protection as determined by the European Commission;
  • the recipient having signed a contract based on the ‘model contractual clauses’ approved by the European Commission, ensuring the protection of Personal Data;
  • the recipient having certified under the EU-US Privacy shield;
  • derogation applicability to the specific situation; and/or
  • the law permitting us to otherwise transfer Personal Data outside the EEA.

You have various legal rights with respect to your personal data, including:

  • request access to your Personal Data;
  • request the amendment of inaccurate or incomplete Personal Data;;
  • request the deletion of your Personal Data;
  • request the transfer of your Personal Data to other organizations; and
  • request the restriction of certain processing of your Personal Data.

Please note that some of the above rights are subject to limitations and that exercising any of the above may affect our ability to continue our business relationship or providing our services to you.

If you have any questions or comments regarding this document, please contact legal@oasiscm.com for electronic communication.  All written communication should be directed to:

Chief Compliance Officer

Oasis Management (Hong Kong)

25/F, LHT Tower

31 Queen’s Road Central

Central, Hong Kong

 

We will respond to your request in writing, or orally if requested, as soon as practicable. You may be required to supply details to verify your identification for security precaution.

NON-PERSONAL DATA

In addition to Personal Data, Oasis may collect and/or track information that by itself cannot be used to identify or contact you, e.g., demographic information (like age, profession or gender), domain names, computer type, browser types, and other anonymous statistical data involving the use of the Website (“Non-Personal Data”). Oasis uses Non-Personal Data to help it understand who uses the Website and to improve and market its products and services.

 

WEB TOOLS

To enhance the internet experience on the Website, Oasis may use various Internet technologies such as ‘cookies,’ ‘action tags,’ ‘web bugs,’ ‘.gif tags,’ and ‘JavaScript’ (together, “Web Tools”). Web Tools are files or tools that are placed on your computer in order to identify your Web browser and the activities of your computer on the Website. Oasis may use these technologies to customize and enhance the Internet experience of individual users. When you revisit the Website, Oasis may recognize you by a Web Tool and customize your experience accordingly. For example once you have completed the registration process, a cookie may be used to avoid having you register again. You may decline Internet cookies, if any, by using the appropriate feature of your Web browser software, if available. If cookies are disabled, however, all features of a Website may not operate as intended. Web Tools and similar technologies add value to the user experience, and the information resulting from these technologies is not sold or otherwise made available to third parties.

 

SECURITY

Oasis maintains reasonable physical, electronic and procedural safeguards to guard your Personal Data. Although Oasis takes reasonable precautions to assess the reliability of such technology, it relies on the representations of the venders of those products and services as part of its security evaluation. Please note that while Oasis has endeavored to create a secure and reliable website for users, the confidentiality of any communication or material transmitted to/from Oasis via the Website or e-mail cannot be guaranteed.

 

JURISDICTION

These Terms of Use shall be governed by the laws of the State of New York, without regard to conflicts of law rules. Any dispute, claim or controversy arising out of or relating to these Terms of Use shall be referred to and finally determined by confidential arbitration in the State of New York, and in the County of New York, before a sole arbitrator, administered by JAMS in accordance with its International Arbitration Rules in effect at the time of the filing of a Request for Arbitration. The arbitrator shall be appointed by JAMS in accordance with its procedures for the selection of a sole arbitrator, with the final appointment being made in the absolute discretion of JAMS. The language to be used in the arbitral proceedings shall be English, and documentary evidence in other languages must be accompanied by a translation into English when submitted in the arbitral proceedings. Judgment on the award may be entered in any court having jurisdiction thereof. All evidence disclosed, and submissions made, as part of the arbitration shall remain at all times confidential, subject to any duties that a party has to make disclosure to others as required by law, which disclosure shall be limited to that which is absolutely required. This section shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Arbitrator is directed to award the prevailing party its reasonable attorney fees and costs incurred as part of the arbitration.

 

EUROPEAN ECONOMIC AREA USERS

When you provide Oasis with your Personal Data, you acknowledge that this information may be stored and processed on servers located outside the European Economic Area (“EEA”) and you consent to your Personal Data being exported outside the EEA and being stored and processed at Oasis’ discretion on any of its servers wherever located.

 

CONTACT INFORMATION FOR OASIS

Questions or concerns regarding Oasis’s Terms of Use, including its data protection practices should be addressed to: Info@oasiscm.com

BY ACCESSING THE WEBSITE, THE OASIS TWITTER FEED, OR OTHER FORMS OF SOCIAL MEDIA ON WHICH OASIS CONTENT MAY APPEAR, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND OF OASIS PROCESSING YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE, THE OASIS TWITTER FEED, OR OTHER FORMS OF SOCIAL MEDIA ON WHICH OASIS CONTENT MAY APPEAR. YOUR CONTINUED USE OF THE WEBSITE, THE OASIS TWITTER FEED, OR OTHER FORMS OF SOCIAL MEDIA ON WHICH OASIS CONTENT MAY APPEAR FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

Thank you.

Last updated November 2022

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