Legal Disclaimer

LEGAL DISCLAIMER, TERMS OF USE, PRIVACY POLICY AND RELATED INFORMATION

 

LEGAL DISCLAIMER

The content on this website (the “Website”) which is owned and maintained by Aeolus Capital Management Ltd.  and its subsidiaries and affiliates (collectively “Aeolus”) only seeks to provide general information on our organization and where relevant, its operating affiliates (including but not limited to Aeolus Re Ltd.) for the benefit of our clients, investors and other interested parties.  In no circumstances should such information be deemed to constitute an offer to sell or a solicitation of an offer to buy or sell any securities, financial and/or (re)insurance products. Further, the Website is not intended to provide investment, legal, or tax advice and should in no circumstances be relied upon as such.

The products and services offered by Aeolus and described on this Website are not necessarily available to all persons, or to residents of all jurisdictions. Reinsurance counterparties should contact a broker or reinsurance intermediary for fulsome information on our reinsurance offerings. Investors should consult with their own professional investment, legal, or tax advisers regarding the appropriateness of any of the securities or investment strategies discussed on this Website.

TERMS OF USE

General Terms of Use

By accessing or using this Website, you are hereby accepting and agreeing to comply with the terms and conditions set forth in the following terms of use (the “Agreement”). In this Agreement, “Aeolus”, “we”, “us”, and “our” refers to Aeolus, and “you” and “your” refers to each visitor to this Website.

This Agreement constitutes a binding agreement between you and Aeolus and governs your access to and use of this Website. We may change the terms and conditions of this Agreement at any time, without prior notice. It remains your responsibility to access and review this Agreement and to identify any applicable changes to the Agreement whenever you access this Website. Your use of this Website following any such changes constitutes your agreement to follow and be bound by the terms and conditions as changed. If you do not wish to be bound by the terms and conditions of this Agreement, you may not continue to use or access this Website.

You may only use this Website in accordance with the terms of this Agreement and all applicable laws, rules and regulations.

Content

All information and materials, including, but not limited to, names, logos, publications, images, drawings, illustrations, designs, icons, photographs, video clips, audio clips, and other materials that appear as part of this Website (collectively, the “Content”) are copyrights, trademarks, trade dress, and/or other intellectual property rights and licenses held by Aeolus or by third parties who have licensed their materials to us.

The Content, and this Website as a whole, is intended solely for personal, noncommercial use by the users of our Website. You may download, print, and store the Content and downloadable materials displayed on this Website for your personal, noncommercial use only. You will gain no right, title, or interest in any downloadable materials or software as a result of any such downloading. We reserve complete title and full intellectual property rights in any Content you download from this Website. Neither this Website nor any portion of it may be reproduced, duplicated, copied, sold, published, transmitted, distributed, displayed, modified or otherwise exploited for any commercial purpose without Aeolus’ express prior written consent.

Suspension and Discontinuance

Aeolus may, in its sole discretion and at any time, suspend or discontinue this Website, or any part thereof, with or without notice. You agree that you do not have any rights to this Website and that Aeolus will have no liability to you if this Website is suspended or discontinued or your ability to access it is terminated.

Links to Third Party Sites

This Website may contain links to other websites owned and operated by parties other than Aeolus. Such links are inserted in this Website for convenience only and do not constitute endorsement of material on such websites. We do not control such websites and cannot be held responsible for their content or accuracy.  You therefore acknowledge and agree that Aeolus is not responsible for and is not liable for the content, products, services or other materials on or available from such websites.  We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites or for any action you may take as a result of linking to any such website.  We are under no obligation to maintain any links to other websites on this Website and may remove a link at any time in our sole discretion for any reason whatsoever.

No Warranty

The information contained on this Website is provided on an “as is” and “as available” basis and Aeolus expressly disclaims all warranties of any kind, whether express or implied.  We make no warranty with respect to any Content provided through or in conjunction with this Website.  Furthermore, we make no warranty as to the accuracy, correctness, or completeness of any information or communication obtained through use of this Website. We shall not be legally responsible for (i) any errors or omissions arising from the use of any information obtained through use of this Website, (ii) any failures, delays, or interruptions in the delivery of any information related to this Website, (iii) losses or damage arising from the use of the information obtained through use of this Website, or (iv) any modification, suspension, or discontinuance of this Website or of your ability to access it.

Limitation of Liability

You understand and agree that Aeolus shall not be liable (whether for breach of contract, breach of warranty, tort, negligence, or any other reason) to you or any third parties under any circumstances for any direct, indirect, incidental, consequential, special, punitive, or exemplary damage or loss, including, but not limited to, damages for lost profits or loss of goodwill, loss of sales, loss of revenue, loss of any software or data, or loss of opportunity, however caused, arising from your use of or inability to use this Website, or any other matter related to this Website.

Indemnity

You agree to indemnify, defend and hold Aeolus and its directors, officers, agents, partners, and employees, harmless from and against any and all claims, demands, losses, liabilities, damages and expenses (including, but not limited to, penalties, interest, attorneys’ fees and court costs), incurred by us in connection with (i) your use of this Website, (ii) any claim made by any third party due to or arising out of your use of this Website, (iii) your breach of the terms of this Agreement, or (iv) your violation of any applicable law, statute, regulation or of any third party’s rights (including, but not limited to, any intellectual property rights).

General and Governing Law

This Agreement forms the entire understanding of the parties and supersedes all previous agreements, understandings and representations relating to the subject matter and the terms or your use of this Website. If any provision of this Agreement is found to be unenforceable, this shall not affect the validity of any other provision. Aeolus may delay enforcing its rights under this Agreement without losing them. These terms and conditions shall be governed and interpreted in accordance with Bermuda law, and you consent to the non-exclusive jurisdiction of the Bermuda courts.

Cookies Policy

What are cookies?

Cookies are small text files that a website stores on your computer or mobile device when you visit the website.  They are widely used in order to make websites work, or work more efficiently, as well as to provide information to website owners.

Why do we use cookies?

Our Website uses cookies to distinguish you from other users of our Website. This practice seeks to provide you with a positive experience when you browse our Website and also allows us to improve our site and to deliver a better and more personalized service.

Controlling cookies

You may control the use of cookies on your device, including deleting and blocking the cookies we use, through the browser settings on your device. Please keep in mind that without cookies you may be unable to access certain parts of our Website and/or the functionality of some parts of our Website may be affected.

  

PRIVACY POLICY 

Background

In the course of doing business with Aeolus, we may ask you to share certain Personal Data with us. We respect your right to privacy regarding this data and recognize the importance of protecting unnecessary or unauthorized access to it. We are therefore committed to being transparent as to the ways in which we collect, use, share and otherwise process Personal Data. As described in this Privacy Policy (“the Policy”), we collect, process, and share your Personal Data only to the extent necessary to perform the services which you request of us, to comply with any legal obligations to which Aeolus may be subject, and in limited circumstances when you have consented to specific uses or sharing of information. 

Scope

This Policy governs the processing of Personal Data relating to investors, cedants, brokers and service providers as well as their agents and/or representatives that conduct business with Aeolus. “Personal Data” includes any information relating to an identified or identifiable natural person, namely, someone who can be identified directly, or indirectly based on the data which has been provided to Aeolus by such parties or their approved representatives.

 

  1. Personal Data that we collect

We are likely to collect Personal Data about you when you communicate or transact business with Aeolus. You may provide this information in writing, electronically or by telephone, directly to us or alternatively, via one of our or your service providers. In particular, we may collect the following categories of Personal Data about you from different sources:

  • Contact Information (including but not limited to business contact details). You or your agents or representatives, such as brokers, investment consultants or investment managers, provide this Personal Data to us during physical meetings or telephone conversations, via email or other forms of electronic communication, or through the submission of contact forms;
  • Background/KYC Information (including but not limited to certain credit information). You provide this to us through subscription documentation, “Know Your Customer” (“KYC”) forms, and/or other requisite documentation completed by you or your representatives and provided to Aeolus or our third-party fund administrator; and
  • Financial Information. This includes your transactions and account positions with us or other financial institutions or representatives (including, for example, your own investment manager, broker or custodian).
  1. Purposes for which we process your Personal Data

The Personal Data you provide to us may be processed for several purposes related to Aeolus’ performance of our business services, namely those related to the management and administration of: i) investments, ii) reinsurance, retrocession or other risk transfer agreements and/or iii) services agreements. Such processing activities may include (but may not be limited to) the following:

  • Confirming and verifying your identity and conducting due diligence on you as a counterparty, including credit assessment;
  • Completing KYC processes, including our Anti-Money Laundering and Anti-Terrorist Financing procedures which may include the processing of on-line screening reviews;
  • Processing for internal operational, statistical and general business purposes or analysis;
  • Providing you with information concerning Aeolus products and services which may be related to the services and products we already provide you and may be of interest to you;
  • Inviting you to attend marketing meetings, events and opportunities as part of our effort to build our business relationship with you;
  • Corresponding with you generally to discuss any aspect of our business relationship;
  • Complying with any of Aeolus’ global legal, regulatory or compliance requirements;
  • Obtaining legal advice or establishing, exercising or defending Aeolus’ legal rights or otherwise for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings); and
  • Investigating, detecting and preventing fraud and other crimes.
  1. Basis on which we use Personal Data

We rely on a number of legal bases to process your information in the ways described in Section 2 above, which include but may not be limited to the following:

  • The processing is necessary to perform the contractual obligations which we have mutually agreed;
  • The processing is necessary to comply with a legal obligation, court order, or to otherwise exercise or defend legal claims;
  • The processing is necessary for the purposes of pursuing our legitimate interests, for example, we believe it is in our legitimate interests to ensure that our clients are fully informed as to the services and products available to them; and/or
  • You have expressly consented to such processing, which you have the right to revoke.
  1. Information that we disclose

Generally, we will not disclose your Personal Data to third parties except in the following, limited circumstances:

  • To service providers and other vendors that help us perform the processing outlined in Section 2, above;
  • To service providers that help us maintain, process or service your transactions or account(s) including, where applicable, our third-party fund administrator, banks and/or financial institutions;
  • If you request or authorize us to do so, for institutional risk control, or in other circumstances where we believe in good faith that disclosure is required or permitted under law;
  • Complying with any of Aeolus’ legal, regulatory or compliance requirements, anywhere in the world; and
  • To third parties to whom you expressly request or otherwise consent for us to distribute your Personal Data.

To the extent possible, we require third parties – through the use of contractual terms and conditions – to use only the information required for the services for which we hire them, and to protect the confidentiality and security of this information.

  1. Safeguarding your Personal Data

We maintain physical, electronic, and procedural safeguards consistent with commercially reasonable practices to protect your Personal Data. While we strive to protect your Personal Data, please be aware that no method of transmission over the internet or form of electronic storage is 100% secure. Therefore, while we will strive to protect your Personal Data, we cannot guarantee its complete security.

  1. International Data Transfer

Aeolus’ primary operation is located in Bermuda. As a result, your Personal Data is likely to be processed in Bermuda and possibly other jurisdictions to perform the services for which you have contracted with Aeolus, and these jurisdictions may have different privacy and data protection laws than those that apply in your home jurisdiction. Further, we may also transfer your Personal Data overseas to comply with reasonable requests under law. Regardless of the location of your Personal Data, we will continue to apply a number of safeguards to protect it.

  1. Retaining your Personal Data

We will retain your Personal Data for as long as necessary under applicable laws and consistent with good practice. Information that is no longer relevant to your relationship with us will be deleted in a reasonable amount of time, consistent with applicable legal requirements.

  1. Your rights

We understand that depending on the jurisdiction in which you are located, you may have the right to request from us access to and rectification or erasure of your Personal Data, the right to restrict processing, object to processing and (in certain circumstances) the right to data portability. Similarly, if you have provided your consent for the processing of your Personal Data, you may have the right (in certain circumstances) to withdraw that consent at any time. In cases where you request that we cease processing your Personal Data, we will comply unless we have compelling legitimate grounds to continue. Such withdrawal of your consent will not affect the lawfulness of the processing before your consent was withdrawn. Where you wish for us to cease using your Personal Data for marketing purposes, please email your instruction to . If you have any concerns as to how your Personal Data is processed or wish to assert any of these rights, we ask that you please contact us at .

  1. Amendments

We may amend the terms of this Policy from time to time. If we believe the changes are material, we will send you an email or message drawing your attention to such changes. However, we encourage you to check back regularly and review any updates to this page in any event.