TERMS & CONDITIONS OF USE – OASIS WEBSITE, OASIS TWITTER FEED, AND 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.
Oasis Management Company Ltd. has been registered as a Commodity Pool Operator with the US Commodities Futures Trading Commission and a member of the US National Futures Association (NFA ID: 0323361) since September 30, 2002. Oasis is registered as an “Excluded Person” under the Securities Investment Business Law (2011 Revision) of the Cayman Islands.
Oasis Management (Hong Kong) (“Oasis Hong Kong”) has been licensed in good standing since 2004 with the Hong Kong Securities and Futures Commission to carry out Types 4 (advising on securities), 5 (advising on futures contracts) and 9 (asset management) activities (CE# AJJ190) under the provisions of the Hong Kong SFO (Cap.571).
Oasis Capital Partners (Texas) Inc. is registered with the US Securities & Exchange Commission (“SEC”) as an investment advisor under the US Advisers Act (IARD/CRD # 171703). Oasis, Oasis Hong Kong, and Oasis Capital Advisors LLC 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.
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.
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 you 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. 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. 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.
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. 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.
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.
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.
LINKS TO OTHER 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.
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, 2017 of the Cayman Islands (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 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:
- 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.
- 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 email@example.com for electronic communication. All written communication should be directed to:
Chief Compliance Officer
Oasis Management (Hong Kong)
21/F, Man Yee Building
68 Des Voeux 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.
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.
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.
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
Last updated October 2019