Introduction

Axafina and its affiliated U.S. entities (“the firm,” “we,” “us,” or “our”) adhere to the Safe Harbor Agreement concerning the transfer of personal data from the European Union (EU) to the United States of America. Accordingly, we follow the Safe Harbor Principles published by the U.S. Department of Commerce (“Principles”) with respect to all such data. This statement outlines our general policy and practices for implementing the Principles, including the types of personal data the firm gathers, how we use it, and the choices affected individuals have regarding our use of, and their ability to correct, the personal data relating to them. If there is any conflict between this statement and the Principles, the Principles will govern.

This policy applies to all personal data we handle, including on-line (except as noted below), off-line, and manually processed data. For purposes of this statement, “personal data” means information that:

• is transferred from EU to the United States
• is about, or pertains to, a specific individual
• can be linked to that individual

In this policy, the firm and its international affiliates are referred to together as “Axafina.”

Principles Protecting Individuals Privacy Notice and Choice

We notify individuals about the personal data we collect from them, how we use it and how to contact us with privacy concerns. We provide such notice through this Statement, our engagement letters or other similar documents, and direct communication with individuals from whom we collect personal data. We collect and process personal data about Axafina personnel for the purpose of human resources administration and recruitment. We collect and process personal data about our clients and their personnel for the purpose of rendering professional services to our clients.

We collect personal data from individuals only as permitted by the Principles. Consent for personal data to be collected, used, and/or disclosed in certain ways (including opt-in consent for sensitive data) may be required in order for an individual to obtain or use our services. Such consent is provided through our engagement letters or other similar documents, as well as through employment agreements or other similar documents.

Axafina does not use personal information for purposes that it considers to be incompatible with the purpose for which the information was originally collected or authorized by the individual.

Disclosures and Transfers

We do not disclose an individual’s personal data to third parties, except when one or more of the following conditions is true:

• We have the individual’s permission to make the disclosure
• The disclosure is required by law, legal process or mandatory professional standards
• The disclosure is reasonably related to the sale or other disposition of all or part of our business
• The information in question in publicly available
• The disclosure is reasonable necessary for the establishment of legal claims
• The disclosure is to another Axafina entity or to persons or entities providing services on our or the individual’s behalf (each a “transferee”), consistent with the purpose for which the information was obtained, if the transferee, with respect to the information in question:
  • Is subject to law providing an adequate level of privacy protection
  • has agreed in writing to provide an adequate level of privacy protection
  • subscribes to the Principles

Permitted transfers of personal data, either to third parties or within Axafina, include the transfer of data from one jurisdiction to another, including transfers to and from the United States of America. Because privacy laws vary from one jurisdiction to another, personal data may be transferred to a jurisdiction where the laws provide less or different protection than the jurisdiction in which the data originated. In such cases, we will take appropriate measures to protect personal data in accordance with the Principles.

Data, Security, Integrity, and Access

We employ various physical, electronic, and managerial measures, including education and training of our personnel, designed to provide personal information with reasonable protection from loss, misuse or unauthorized access, disclosure, alteration or destruction. Personal data collected or displayed through a Web site is protected in transit by standard encryption processes. However, we cannot guarantee the security of information on or transmitted via the Internet.

We process personal data only in ways compatible with the purpose for which it was collected or authorized by the individual. To the extent necessary for such purposes, we take reasonable steps to make sure that personal data is accurate, complete, current, and otherwise reliable with regard to its intended use.

If an individual becomes aware that information we maintain about that individual is inaccurate, or if an individual would like to update or review his or her information, the individual may contact us using the contact information below. The individual will need to provide sufficient identifying information, such as name, address, birth date, and Social Security number. We may request additional identifying information as a security precaution. In addition, we may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Principles. In some circumstances, we may charge a reasonable fee, where warranted, for access to personal information.

Accountability and Enforcement

We have established a program to monitor our adherence to the Principles and to address questions and concerns regarding our adherence. This program will include a statement, at least once a year, signed by an authorized representative of Axafina, verifying that this Statement is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and accessible. We encourage interested persons to raise any concerns with us using the contact information below.

Individuals may file a complaint with our Office of Ethics and Compliance in connection with Axafina’s processing of their personal data under the Safe Harbor Principles. With respect to any dispute relating to this policy that cannot be resolved through our internal processes:

• If the dispute involves data collected in the context of an employment relationship, we will cooperate with competent EU data protection authorities and comply with the advice of such authorities. In the event that we or such authorities determine that we did not comply with this policy, we will take appropriate steps to address any adverse effects and to promote future compliance.
• If the dispute involves other types of data, individuals may pursue the matter by filing a claim with the American Arbitration Association.
• Personnel who violate our privacy policies will be subject to disciplinary process.

Amendment

We may amend this policy from time to time by posting a revised policy on this Web site, or a similar Web site that replaces this Web site. If we amend the policy, the new policy will apply to personal data previously collected only insofar as the rights of the individual affected are not reduced. So long as we adhere to the Safe Harbor Principles, we will not amend our policy in a manner inconsistent with the Principles.

Information subject to Other Policies

We are committed to following the Principles for all personal data within the scope of the Safe Harbor Agreement. However, certain information is subject to policies of the firm that may differ in some respects from the general policies set forth in this statement.

Certain Axafina Web sites have their own privacy policies that apply to those Web sites. These policies may be accessed through the Web sites in question.

Information relating to present or former Axafina personnel is subject to our policies concerning personnel data privacy, which are available to current Axafina personnel on Axafina’s intranet site and former Axafina personnel upon request.

Information obtained from or relating to clients or former clients is further subject to the terms of any privacy notice to the client, any engagement letter or letters with the client, and applicable laws and professional standards.

Contact Information

For further information you may reach us as follows.
Note: This contact information is solely for questions related to Axafina´s Safe Harbor Policy.

• Online Form
• Axafina
  1621 Central Avenue
  Cheyenne, WY 82001-4531
  Attention: Privacy Legal Department
• Fax: +1 (307) 222-0529
  Attention: Legal Department

Before Axafina is able to provide you with any information, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavor to respond within an appropriate time frame.