Data Protection Notice

Fiducia Capital Fund, Ltd. (the “Fund”) is an investment fund incorporated and regulated in the British Virgin Islands (“BVI”), authorized by the BVI Financial Services Commission. This Personal Data Protection Notice (the “Notice”) describes how the Fund collects, uses, stores, and protects personal data from individuals with whom it interacts in the course of its activities, in compliance with the Data Protection Act, 2021, of the British Virgin Islands (the “DPA”).

This Notice applies to current and prospective investors of the Fund, their legal representatives, attorneys-in-fact, vendors, and authorized persons acting on their behalf, as well as ultimate beneficial owners (“Ultimate Beneficial Owners” or “UBOs”) of investors that are legal entities (collectively, the “Data Subjects”). This Notice does not identify any specific Data Subject; it describes in general terms the Fund's data processing practices.

1. Data Controller

The data controller responsible for processing personal data in accordance with the DPA is Fiducia Capital Fund, Ltd., registered address at Casablanca House, Luck Hill, P.O. Box 3133, Tortola, British Virgin Islands.

Registered Agent: UNTITLED FIDUCIARY SERVICES LTD.

2. Purposes of Processing

The Fund processes personal data for the following purposes:

  • Suitability assessment and investor subscription process (including Know Your Customer / KYC due diligence).
  • Compliance with Anti-Money Laundering, Counter-Terrorist Financing, and Counter-Proliferation Financing (AML/CFT) obligations, including screening against sanctions lists (OFAC, UN, and other applicable lists).
  • Compliance with regulatory obligations before the BVI Financial Services Commission and other competent authorities.
  • Compliance with international automatic exchange of tax information obligations (FATCA and Common Reporting Standard / CRS).
  • Administration of the register of investors/shareholders, processing of subscriptions, redemptions, and distributions.
  • Fund communications to its investors (periodic reports, account statements, corporate notices).
  • Prevention, detection, and investigation of fraud or other unlawful activities.
  • Sending marketing or promotional communications to investors and prospective investors, where applicable, based on the Data Subject's consent.

3. Legal Basis for Processing

  • Compliance with a legal obligation: to which the Fund is subject (AML/CFT regulations, KYC, tax reporting, BVI FSC requirements).
  • Performance of a contract: the subscription agreement between the Data Subject (or the entity they represent) and the Fund.
  • Legitimate interest: of the Fund in the proper administration of the investment relationship and in protecting its assets against fraud.
  • Consent: where the Fund sends marketing or promotional communications to Data Subjects. Data Subjects may withdraw their consent at any time, without affecting the lawfulness of processing carried out prior to withdrawal.

4. Categories of Personal Data Processed

  • Identification data: name, nationality, date of birth, national ID number, passport, or other identity document, address.
  • Contact data: email address, telephone number.
  • Financial data: source and destination of funds, banking references, financial standing details relevant for due diligence.
  • Due diligence data: Politically Exposed Person (PEP) status, sanctions list screening results.
  • Legal entity data: details of directors, legal representatives, attorneys-in-fact, and ultimate beneficial owners (UBOs).

5. Source of Data

Personal data is primarily collected directly from the Data Subject through subscription documentation (Investor Identification Form, Sworn Declaration on Source and Destination of Funds, and supporting documents). In certain cases, the Fund may receive data from third parties, such as investor advisors, intermediaries, or the Fund administrator, when necessary to complete due diligence.

6. Recipients and Data Processors

The Fund may share personal data with the following categories of recipients, who act as data processors or independent controllers, as applicable:

  • The Fund's administrator.
  • The provider of the Fund's online subscription/onboarding platform.
  • The Fund's external auditor.
  • Banks, custodians, and other financial institutions involved in the Fund's operations.
  • The Fund's Compliance Officer, for AML/CFT and KYC purposes.
  • Competent regulatory and tax authorities, including the BVI Financial Services Commission and tax authorities for FATCA/CRS purposes.

The Fund contractually requires its data processors to implement adequate security measures and to commit to processing personal data in accordance with the principles of the DPA.

7. International Data Transfers

To the extent that the Fund, its administrator, or its service providers are located or perform services outside the British Virgin Islands, personal data may be transferred internationally. In such cases, the Fund adopts the necessary contractual and organizational safeguards to ensure an adequate level of protection, as required by the DPA.

Specific jurisdictions to which data is regularly transferred: These may include the jurisdictions where the Fund's administrator, the onboarding/subscription platform provider, and the Fund's external auditor are domiciled, to the extent such service providers are located outside the BVI. This section will be updated to identify the specific jurisdictions as that information is confirmed.

8. Retention Period

Personal data will be retained for the duration of the Data Subject's investment relationship with the Fund and, thereafter, for the additional period required by AML/CFT regulations and other applicable laws (five (5) years from the termination of the relationship), or for as long as necessary to handle legal, regulatory requirements, or defense against potential claims.

9. Rights of Data Subjects

Under the DPA, Data Subjects have the right to:

  • Request access to their personal data processed by the Fund.
  • Request rectification of their personal data where it is inaccurate, outdated, or incomplete.
  • Require, by written notice, that the Fund not begin, or cease, processing their personal data for direct marketing purposes.
  • Make inquiries regarding the processing of their personal data carried out by the Fund.

Any request must be submitted in writing to the Fund, using the contact details provided in Section 13 of this Notice. The Fund will respond within thirty (30) days of receipt of the request, as provided under the DPA, or such extended period as may be permitted by law, of which the Data Subject will be notified.

Data Subjects also have the right to lodge a complaint with the Information Commissioner of the British Virgin Islands, and to bring civil proceedings before the BVI High Court for damage or distress arising from a breach of the DPA.

10. Automated Decision-Making

The Fund does not make decisions based solely on automated processing of personal data that produce legal or significant effects on Data Subjects.

11. Information Security

The Fund implements reasonable technical and organizational measures to protect personal data against unauthorized access, loss, alteration, or unlawful disclosure, and requires equivalent measures from third parties processing personal data on its behalf.

12. Amendments to this Notice

The Fund may update this Notice periodically to reflect legal or operational changes. The current version will be available at all times on the Fund's website, indicating the date of its last update.

13. Contact

For general inquiries related to this Notice or the processing of personal data by the Fund, you may write to: info@fiduciacap.com.

To submit a request to exercise the rights described in Section 9 of this Notice, you may write to: registro@fiduciacap.com.

Version 1.0  |  June, 2026