YXS Capital Privacy Policy

Effective Date: September 1, 2025
Last Updated: September 1, 2025

1. Introduction and Commitment to Privacy
YXS Capital GP II, LLC, a Delaware limited liability company ("YXS Capital," "we," "us" or "our"), together with its affiliates and the private investment funds it manages or advises (collectively, the "Funds"), is committed to protecting the privacy and personal information of our investors, prospective investors, website visitors, and other individuals who interact with us ("you" or "your"). This Privacy Policy explains how we collect, use, store, share, and protect personal information in connection with our business operations, our website located at www.yxscapital.com (the "Website"), and related services. This Policy applies to all personal information we collect, whether through digital channels, in-person interactions, or from third parties.
By accessing our Website, submitting personal information to us, or investing in our Funds, you acknowledge and agree to the terms of this Privacy Policy and consent to our collection, use, and disclosure of your personal information as described herein.

2. Information We Collect
2.1 Website Visitors
‍When you visit our Website, we may collect:
- Contact Information: Name, email address, phone number, and mailing address when voluntarily provided
- Technical Data: IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device identifiers
- Usage Data: Information about your visit, including the full URL, clickstream data, page response times, download errors, length of visits, page interaction information (scrolling, clicks, mouse-overs), and methods used to browse away from the page
- Communication Records: Content of inquiries, requests, or other communications with us
2.2 Investors and Prospective Investors
For individuals investing or considering investment in our Funds, we collect comprehensive information including:
Identity and Contact Information:
- Full name, address, telephone numbers, email addresses
- Government-issued identification (passport, driver's license, Social Security number)
- Date of birth, nationality, citizenship, tax residency information
- Signature and physical characteristics for verification purposes
Financial Information:
- Net worth, income, financial statements, and asset information
- Bank account and wire transfer details
- Investment history, source of funds, and reason for investment
- Credit history and financial references
- Tax information and documentation
Corporate and Entity Information (for institutional investors):
- Details of directors, officers, shareholders, beneficial owners, and authorized signatories
- Corporate registration documents and certificates
- Organizational charts and ownership structures
Compliance and Due Diligence Information:
- Background checks and sanctions screening results
- Politically Exposed Person (PEP) status
- Anti-money laundering (AML) and Know Your Customer (KYC) documentation
- Records of criminal convictions, regulatory orders, or investigations
Information about business advisers and intermediaries
Transaction and Account Information:
- Subscription agreements, account balances, and investment positions
- Capital contributions, distributions, and transaction history
- Communications and meeting records with YXS Capital representatives
2.3 Third-Party Sources
We may obtain personal information from:
- Service providers, including fund administrators, custodians, and audit firms
- Regulatory authorities and government agencies
- Background check and sanctions screening providers
- Financial institutions and intermediaries
Publicly available sources, including websites and regulatory filings
- Professional advisers and placement agents

3. How We Use Personal Information
We use personal information for the following business purposes:
3.1 Fund Management and Operations
- Processing and managing investments, subscriptions, and redemptions
- Maintaining investor records and accounts
- Calculating and distributing returns, dividends, and capital distributions
- Providing investor relations services and communications
Conducting Fund administration and compliance activities
3.2 Legal and Regulatory Compliance
- Fulfilling anti-money laundering (AML) and Know Your Customer (KYC) obligations
- Complying with sanctions screening and monitoring requirements
- Meeting tax reporting and withholding obligations
- Responding to regulatory inquiries and examinations
- Satisfying record-keeping and reporting requirements under securities laws
3.3 Business Operations
- Website operation, maintenance, and security
- Internal business administration and record-keeping
- Analyzing website usage and improving user experience
- Communicating with investors about Fund performance and developments
- Facilitating corporate transactions, including mergers, acquisitions, or fund sales
3.4 Security and Fraud Prevention
- Protecting against unauthorized access, fraud, and cyber threats
- Monitoring and investigating suspicious activities
- Maintaining the security and integrity of our systems and data

4. How We Share Personal Information
We do not sell personal information to third parties. We may share personal information in the following circumstances:
4.1 Service Providers
We share personal information with trusted third-party service providers who assist with Fund operations, including:
- Legal counsel and law firms
- Accountants, auditors, and tax preparers
- Fund administrators and custodians
Investment consultants and financial advisors
- Technology vendors and system providers
- Background check and compliance screening providers
4.2 Regulatory and Legal Disclosures
We may disclose personal information to:
- Securities and Exchange Commission (SEC) and other regulatory authorities
- Law enforcement agencies and government departments
- Tax authorities in the U.S. and foreign jurisdictions
- Self-regulatory organizations
- Courts and legal tribunals in response to subpoenas or court orders
4.3 Business Transactions
We may share personal information in connection with:
- Potential sales, mergers, or acquisitions of YXS Capital or the Funds
- Due diligence activities conducted by potential investors or acquirers
- Financing transactions and credit arrangements
4.4 Other Fund Investors
With appropriate safeguards, we may share limited investor information (names, commitment amounts, jurisdictions) with other Fund investors for transparency and networking purposes.
4.5 Consent-Based Sharing
We may share personal information with your explicit consent or as otherwise directed by you.

5. Data Retention
We retain personal information for as long as necessary to fulfill the purposes outlined in this Policy and to comply with our legal and regulatory obligations. Retention periods vary based on:
- Contractual relationships and ongoing Fund investments
- Legal and regulatory requirements, including securities laws and tax regulations
- The nature and sensitivity of the informationPotential legal claims and statute of limitations periods
- Business needs and operational requirements
Investment-related records are typically retained for the life of the Fund plus applicable statutory periods, which may extend seven or more years after Fund dissolution.

6. Data Security
We implement comprehensive security measures to protect personal information against unauthorized access, disclosure, alteration, or destruction. Our safeguards include:
Physical Security:
- Secure facilities with access controls
- Locked filing systems for physical documents
- Visitor access controls and monitoring
Technical Security:
- Encryption of data in transit and at rest
- Multi-factor authentication for system access
- Regular security assessments and vulnerability testing
- Intrusion detection and monitoring systems
- Secure backup and recovery procedures
Administrative Security:
- Employee training on data protection and security
- Background checks for personnel with data access
- Incident response and breach notification procedures
- Regular review and updating of security policies
While we strive to protect personal information, no security system is completely secure. You should take steps to protect your own information, including safeguarding passwords and reporting suspected security incidents to us immediately.

7. Your Privacy Rights
7.1 General Rights
All individuals may request:
- Access to the personal information we maintain about you
- Correction of inaccurate or incomplete informationInformation about how we use and share your personal information
- Copies of communications and records involving your information
7.2 California Residents (CCPA Rights)
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA), subject to certain exceptions:
Right to Know: Request information about the categories and specific pieces of personal information we have collected, used, disclosed, or sold about you.
Right to Delete: Request deletion of personal information we have collected about you, subject to certain exceptions for legal compliance and business operations.
Right to Correct: Request correction of inaccurate personal information we maintain about you.
Right to Opt-Out: Although we do not sell personal information, you may request to opt out if our practices change.
Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights.
7.3 European Residents (GDPR Rights)
If you are in the European Economic Area or the United Kingdom, you have rights under the General Data Protection Regulation (GDPR):
- Right of access to your personal data
- Right to rectification of inaccurate data
- Right to erasure ("right to be forgotten") in certain circumstances
- Right to restrict or object to processing
- Right to data portability
- Right to withdraw consent where processing is based on consent
- Right to lodge a complaint with a supervisory authority
7.4 Exercising Your Rights
To exercise your privacy rights, please contact us using the information provided in Section 12. We will:
- Verify your identity before processing requests
- Respond within the timeframes required by applicable law
- Provide requested information in a readily accessible format
- Not charge a fee unless the request is manifestly unfounded or excessive

8. International Data Transfers
YXS Capital operates primarily in the United States. Personal information may be transferred to, stored, and processed in the U.S. and other countries where our service providers operate. These jurisdictions may have different data protection standards than your home country.
For transfers from the European Economic Area or the United Kingdom, we implement appropriate safeguards, including:
- Standard contractual clauses approved by the European Commission
- Adequacy decisions by the European Commission
- Other legally recognized transfer mechanisms under GDPR

9. Cookies and Online Tracking
9.1 Cookies
Our Website uses cookies and similar tracking technologies to:
- Remember your preferences and settings
- Analyze website traffic and user behavior
- Improve website functionality and user experience
- Provide security features and fraud prevention
9.2 Types of Cookies
- Essential Cookies: Necessary for website functionality
- Analytics Cookies: Help us understand website usage (including Google Analytics)
- Functional Cookies: Remember your preferences and choices
9.3 Managing Cookies
You can control cookies through your browser settings. Disabling cookies may affect website functionality. To opt out of Google Analytics, visit: https://tools.google.com/dlpage/gaoptout

‍10. Third-Party Links
Our Website may contain links to third-party websites. We are not responsible for the privacy practices of these external sites. We recommend reviewing the privacy policies of any third-party websites you visit.

11. Updates to This Policy
We may update this Privacy Policy periodically to reflect changes in our practices, services, or legal requirements. Updates will be posted on our Website with a new "Last Updated" date. For material changes, we may provide additional notice to investors and other affected individuals.

12. Contact Information
For questions about this Privacy Policy or to exercise your privacy rights, please contact us: contact@yxscapital.com