Terms of Use

Introduction

Please read these Brookfield.com Website Terms of Use (“Terms of Use”) carefully before using the https://www.Brookfield.com website (the “Website”). By browsing, accessing or otherwise using the Website, you agree to accept these Terms of Use.



Your visit to the Website, including, but not limited to, all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein, including but not limited to the design, structure, selection, coordination, expression and arrangement of any of the foregoing available on or through the Website, together (the “Content”), is subject to these Terms of Use, our Privacy Policy and our Cookies Policy, which may be updated by us at any time without notice to you. If we update our Terms of Use, we will post the updated Terms of Use on the Website. Any such changes will be effective upon posting. If you do not agree with these Terms of Use, you should not use the Website and you agree that your sole and exclusive remedy is to discontinue using the Website. The Website is not designed for use by minors and minors should not provide personal information through this Website. 


Nothing contained in these Terms of Use is intended to modify any other written agreement you may have with Brookfield (if any) that may be in effect. Additional terms and conditions of use may be applicable to password-restricted areas of the Website.

For the purposes of these Terms of Use, “Brookfield,” “we” and “us” means the Brookfield entity which controls this Website and the “User” means any person accessing the Website. The websites of other Brookfield affiliates are governed by separate terms of use.

Any disputes between you and Brookfield in connection with these Terms of Use may be resolved in arbitration or small claims court, subject to applicable law.

If you have any questions or comments about these Terms of Use, please contact us at PrivacyOfficer@brookfield.com

Use of the Website and Content

You are responsible for your use of the Website and the Content. You undertake to use your best endeavors to ensure that nothing you do whilst accessing the Website will damage the Website or otherwise violate these Terms of Use.

The Website, including, the Content, is the property of Brookfield, Brookfield affiliates, or Brookfield service providers and is subject to copyright, trade mark and other laws. To the extent expressly permitted herein, Brookfield grants you a limited, revocable, non-exclusive and non-transferable personal right to view, download and print pages from the Website solely for your personal and non-commercial use. This right will terminate immediately upon your unauthorized use of the Website or Content. Subject to the foregoing, no intellectual property rights in respect of the Website or Content are granted or extended as a result of Brookfield making the Website available. All rights not expressly granted to you in these Terms of Use are reserved.

You may not (and may not encourage or assist others) to:

(i) reproduce, republish, distribute, exploit commercially, use or modify without Brookfield’s express written consent, the Website or Content;

(ii) access, copy or download the Website or Content using automated methods, including but not limited to, “web scraping” or “bots”, “robots” or “spiders” that “harvest” the Website or Content, interfere with the functioning of the Website or Content or restrict or inhibit any others from using the Website or Content;

(iii) use any trade mark, service mark or logo of Brookfield or any third party that appears on the Website without prior written consent or remove or obscure any copyright or other notices contained in the Website or the Content;

(iv) if you link other websites to the Website, imply or suggest that Brookfield has endorsed or is affiliated with such websites and you may not display the Website as “framed” or “mirrored” within another website;

(v) delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website or Content or any of the Websites’ source code or software;

(vi) transmit any virus, worm, time bomb or similar system interference through the Website;

(vii) violate these Terms of Use, the Privacy Policy or Cookies Policy or any law, regulation, rule or intellectual property or contractual rights of others, or attempt to violate the security of the Website, including attempting to gain unauthorized access to Content or use or gain access to the identities, information or computers of others through the Website;

(viii) impersonate any person or entity or create a user account for anyone other than yourself or create another user account without permission if Brookfield has suspended or terminated your user account; or

(ix) use any hidden text or metatags using “Brookfield” on a website or content published on a website or otherwise.

Brookfield has the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or any portion of the Website or Content. Brookfield may investigate any complaint regarding a suspected violation of these Terms of Use, and may report any activity relating to the Website or Content to regulators, law enforcement officials or other persons or entities that it deems appropriate.

The Website or any part of the Website may be periodically unavailable, and Content may be removed or modified at any time without notice. Brookfield may, in its sole discretion, restrict, suspend or cancel access to or use of the Website, for all or any one or number of Users. Users will have no right to compensation or other remedy for being unable to access the Website.

Restricted Access

The Website is operated and controlled by us in the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Brookfield makes no representations that the transactions, financial or investment products, securities, and other services ("Products or Services") discussed on or accessible through the Website are available or appropriate for sale or use in all jurisdictions or by all Users. Those who access the Website do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

Website Disclaimers and Limitations of Liability

Subject to any applicable law that cannot be excluded, the Website and Content are provided “as is” and “as available” without any representation, warranty or condition. No reliance should be placed on any information on the Website or the Content. Users agree to bear all risks associated with their use of the Website and Content, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the Website or Content. You agree that Brookfield is not liable for any action you take, omission, or decision you make in reliance on the Website or the Content, subject to applicable law.

The Content and the Website are for informational purposes only and are not investment, professional, legal or other advice nor are they to be relied upon in making an investment or other decision. The Website and Content is not an offer to sell, or a solicitation of an offer to buy and do not constitute an invitation or inducement of any sort to any person.

Certain information contained on the Website and in the Content may constitute “forward-looking statements” as defined in applicable securities laws. Forward-looking statements include statements that are predictive in nature, depend upon or refer to future events or conditions, and include statements regarding Brookfield’s competitive strengths, goals, expansion, growth, future success, operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, targets, goals, ongoing objectives, strategies, and outlook. Words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan” and “believe” are intended to identify forward-looking statements. No reliance should be placed on forward-looking statements because they involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or achievements of Brookfield to differ materially. Except as required by law, Brookfield undertakes no obligation to update or revise statements or information on the Website or in Content.

Any transactions described on the Website or in any Content as having been engaged in by Brookfield are included as representative transactions for illustrative purposes only. Past performance is not indicative of future results. No assurance or representation is made, that comparable results or any target returns disclosed on the Website or in Content will be achieved.

You agree that, to the maximum extent permitted by applicable law, in no event shall you seek to hold Brookfield, its affiliates and/or their respective officers, directors, managers, partners, members, shareholders, employees and agents (“Affiliates”), liable and in no event shall Brookfield or its Affiliates be liable to any party, whether in contract, tort (including negligence) or otherwise, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or any other remedy relating to the access, use, inability to use, availability of the Website or the Content, irrespective of whether Brookfield has been advised of the possibility of such damages and/or losses.

The liability of Brookfield and/or its Affiliates for breach of any condition, guarantee or warranty implied by statute that cannot be excluded, is limited to the maximum extent permitted by law, at Brookfield’s option, to the re-supply of goods or services, or the payment of the costs of having goods or services re-supplied.

Indemnification

You agree that a condition of your use of the Website and Content is that you indemnify Brookfield, its Affiliates and their respective representatives harmless against any and all liabilities, losses, damages, suits, claims, demands, costs (including court costs and legal fees), fines and actions of any kind or nature suffered as a result of your use of the Website or Content, your breach, violation or non-performance of any term or condition of these Terms of Use, or your violation of any third party’s rights relating to the Website or Content.

Linked Websites

The Website may contain links to other websites. We are not responsible for the content, security or privacy practices of other websites and we do not endorse other websites or their content by virtue of linking to them from the Website. You should review the terms of use and privacy policies of any third party website that you visit.

Password Protected Links

Some pages on the Website are available only to clients with registered accounts and log-on credentials. You are responsible for the confidentiality of your log-on credentials and account information, and for all actions taken on the Website while logged on with your credentials. You should not disclose your log-on credentials or account information and you should choose a unique password. Brookfield reserves the right to suspend or cancel Website accounts and log-on credentials at any time, for any, or no, reason and without notice. If you suspect that your log-on credentials have been compromised, please notify us immediately using the support contact information provided on the relevant account log-on page.

Pages on the Website that are accessible only via registered accounts and with log-on credentials are only available to institutional or professional Users. By accessing such pages, Users will be deemed to have confirmed that they meet the criteria for this classification. Such confirmation will be treated by Brookfield as the User's acceptance that they understand the classification of these Terms of Use as applicable under the regulatory regime of their country of residence.

User Content

Electronic communications can be intercepted by third parties and electronic mail and other transmissions to and from the Website and Brookfield may not be secure. Any communications to Brookfield should be sent to the contact information provided in the “Contact Us” section of the Website. You are responsible for any content that you post on the Website or submit to us via contact forms on the Website, email, social media accounts or otherwise, including your feedback, comments, questions, ideas, suggestions, survey responses or other information or materials (“User Content”). You hereby represent and warrant that any User Content you submit to us is either your original content or that you have obtained all necessary rights to your User Content, including the right to authorize us to use your User Content as set forth in these Terms of Use. By submitting any User Content, you hereby grant to Brookfield an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free, fully paid-up, sub-licensable license to use, display, reproduce, publish, transmit, store, modify and create derivative works of your User Content.

Material Interests

Any part of Brookfield and/or its Affiliates may have or have had an interest or holding, relationship or other arrangement with the Products or Services, which may be material. Potential investors should refer to the applicable offering documents for any Product or Service and in particular, the potential conflicts of interest discussed therein.

Notice to California Residents

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Dispute Resolution by Binding Arbitration

Subject to applicable law, in the interest of resolving disputes between you and Brookfield, you agree that Brookfield may, at its sole discretion, require that a dispute arising out of or in connection with these Terms of Use or your use of the Website or Content shall be resolved through binding arbitration or small claims court, at Brookfield’s option, instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other Users.

Governing Law

Subject to the Disputes Resolution by Binding Arbitration section above, these Terms of Use and the rights and obligations of any recipient or viewer of the Website or the Content (and any person that they represent) arising out of or in connection with the Website or the Content, whether contractual, non-contractual, pre-contractual or otherwise, are governed by the laws of the State of New York and any disputes arising out of or in connection with the foregoing shall be subject to the exclusive jurisdiction of the state or federal courts located in New York City. You agree to waive trial by jury in any such action.

No waiver by Brookfield or any of its Affiliates of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet and its various applications, of which this material forms part.

PERSONAL INFORMATION PROTECTION POLICY

Last Updated: Nov 25 2021

This Personal Information Protection Policy (“Policy”) describes how [Brookfield Investment Consulting (Shanghai) Co., Ltd.]and our affiliates within the territory of PRC (collectively referred to in this Policy as “we” or “Brookfield”) collect, use and disclose your personal information both offline and on the websites, and through the services where this Policy appears or is referenced. This Policy does not apply to personal information Brookfield collects from its employees and personnel. If services provided by Brookfield has a separate personal information protection policy, such policy shall prevail. Please refer to this Policy if the separate policy does not cover the issue you are concerned about.

By accessing a Brookfield website, or accepting service from which this Policy is referenced, you confirm that you have read, understand, and acknowledge the terms of this Policy. This Privacy Policy is not a contract and does not create any legal rights or obligations.

This Policy includes the following sections. You should read the entire Policy; however, you may use the links below to be directed to the information you are seeking.

SECTION 1.We collect and use personal information from and about you.

SECTION 2. We share your personal information with other parties.

SECTION 3. We use certain security measures.

SECTION 4. You have certain choices about how we use your personal information.

SECTION 5. Our websites and services are not intended for children.

SECTION 6. International transfers of your personal information.

SECTION 7. We may update this Policy.

SECTION 8. Feel free to contact us.

If you want to readourPrivacy Policy applicable to other parts of the world, please clickvisit:

https://www.brookfield.com/website-data-protection-policy-and-privacy-notice

SECTION 1.We collect and use personal information from and about you.

We will collect, receive, and process the personal informationabout you in the following processes ofour business relationship and interaction:

Providing specific services. When you use our services (e.g., membership registration, membership points accumulation and redemption, and special events in shopping malls managed by Brookfield), we may collect your phone number, information related to your WeChat account (e.g. nicknames, profile, region, and gender), and your purchase records (i.e. the time, amount, and store of the purchase), so asto provide you with corresponding services.

Browsing websites.When you browse our websites, the servers will automatically record some information, such as your usage of our website, IP address, URL, typeand language of the browser, by the browser, time, date and duration of your visiting.

Client relationship management. If you are interested in our business or services and seekingfor cooperation, or you have any question related to us, you may provide your name, email address, phone number, and specific questions and we will respond through the information provided by you. When you contact us regarding our service, we may receive or use the personal information you actively provide, to facilitate our response to your questions, complaints, or suggestions, and track your feedback.

Visitor management. We conduct management to those who visit restricted areasmanaged or invested by Brookfield, such as office buildings, industrial logistics parks, factories, etc. Before entering such areas, you need to register your personal information, such as your name, phone number, who you are visiting, license plates, time of entry and departure, etc.

Tenants management.For tenants who rentour office buildings, shopping malls, industrial logistics parks, if you are the contact person, we will obtain your name, contact number, email address, position, and ID number, for the purpose of execution and performance of relevant contracts.

Customer survey.We may send out questionnaires andyou are optional to fill out such questionnaires. Personal information may be involved in certain questions of the questionnaires, such asgender, date of birth, place of residence, marital status, profession, etc. Itwill enrich our understanding of you, and thus help us optimize our business layout, improve our services, and support our business decisions.

Internal audit, data analysis and research. We may also use and analyzethe information provided by you, for the purpose of assessment, maintaining, and improvement of services provided by us orour affiliates, as well as business development and customer support.

You fully acknowledge and agree that we may collect and use your personal information without your consent, under any of the following circumstances:

1. 1. where the collection or use is necessary for execution and performance of a contract requested by you;
   2. where the collection or use is necessitated by the performance of our legal obligations;
   3. where the collection or use is response to public health emergencies, or for the purpose of protecting your or others’ health and safety or property in emergencies;
   4. where the personal information is used in news reporting or public sentiment monitoring in the public interest within a reasonable scope;
   5. where the personal information is collected from publicly-available information within a reasonable scope;
   6. Other circumstances specified in laws and administrative regulations.

We may collect your personal information through a third party to enrich our understanding of you and improve the products and services accordingly. We will confirm the legality of the source of such personal information and the scope of consent. If we intend to use your personal information beyond your consent, we will seek your consent again.

Please note that, in accordance with applicable laws, if we take technical measures to process personal information, making it impossible to be used to re-identify specific individuals and such a process is irreversible, we may use such information for statistics and analysis to improve our services, and support our business decisions, which does not require separate notice and your consent.

SECTION 2. We share your personal information with other parties.

Subcontracting.Considering our limited technology, we need to procureinformation systems from professional service providers to store, process and manage your personal information.Considering your betterexperience from various activities, we may outsource specific services to suppliers to organize activities.According to our contracts, the suppliers shall use the information to the extent necessary for performing their contractual obligations, to ensure that we can smoothly provide services to you, and they have no right to use it for other purposes. Under this circumstance, our suppliers process your personal information in accordance with our instructions, and they do not constitute personal information processors.

Sharing.We will keep your personal information strictly confidential. We will not share your personal information with any company, organization or individual without your explicit consent, except under the following circumstances:

• We may share your personal information with our affiliates within the territory of PRC, for example, for the purpose of client relationship management, we may share the information to other Brookfield entities for performance check, customer service, advertising communication, and/or market research. Your consent will be sought againwhensuch entities change the purpose of processing;
• We may share your personal information in accordance with laws and regulations, or mandatory requirements of regulatory authorities.

Transfer.We will not transfer your personal information to any other company, organization or individual, except under the following circumstances:

• Transfer your personal information according to your prior explicit consent;
• If your personal information is transferred as a result of a merger, acquisition or bankruptcy liquidation, we will inform you and ensure that the surviving company or organization that will possess your personal information to be continuously bound by this Policy. If the purpose and method for personal information use changes, we will require the surviving company or organization to seek your consent again.

Public disclosure.In principle, we will not publicly disclose your personal information. If your personal information must be publicly disclosed, we will inform you of the purpose of disclosure, the type of personal information to be disclosed, and whether any sensitive personal information is involved, and seek your separate consent.Under any of the following circumstances, our sharing, transfer, or disclosure of your personal information is not subject to your consent:

• Where the collection or use is necessary for execution and performance of a contract requested by you;
• Where the collection or use is necessitated by the performance of our legal obligations;
• Where the collection or use is response to public health emergencies, or for the purpose of protecting your or others’ health and safety or property in emergencies;
• Where the personal information is used in news reporting or public sentiment monitoring in the public interest within a reasonable scope;
• Where the personal information is collected from publicly-available information within a reasonable scope;
• Other circumstances specified in laws and administrative regulations.

SECTION 3. We use security measures.

We will only retain your personal information for a limited period necessary for achieving the purposes specified in this Policy or as required by law. We will promptly delete or anonymize your personal information after such retention period expires.

We have technical and administrative measures that meet industry standards to protect your personal information, to prevent loss, misuse, unauthorized data access or public disclosure, tampering or damage.

Unfortunately, the Internet is not 100% secure. We will endeavor to ensure or guarantee the security of your personal information, but we cannot promise that your use of our websites,or services will be completely safe. Any transmission of your data to our websites is at your own risk. You should also take measures to protect your personal information, for example, do not disclose your personal information.

If you click on a link to a third-party site or a third-party app, you will be taken to a website or service we do not control. This Policy does not apply to the privacy practices of that website or services. Read the privacy policy of other websites, apps, and services carefully prior to visiting such websites or providing your personal information. We are not responsible for these third-party websites or their policies.

SECTION 4. You have certain choices about how we use your personal information.

Under relevant PRC laws and regulations, and common practices in other countries and regions, we respect and honor your rights to your personal information as the following:

Access your personal information.You have access to your personal information, with the exceptions prescribed by laws and regulations. If you want to exercise the right to access, you can send emails to china.enquiry@brookfield.com.

Correct/update your personal information.You have right to ask us to correct any mistake we made during processing your personal information. You can also send emails to china.enquiry@brookfield.com to know details of the modification process.

Delete your personal information. Under any of the following circumstances, you may contact us to delete your personal information:

• When our processing of personal information violates laws and administrative regulations;
• When we collect or use your personal information without your consent;
• When our processing of personal information violates our agreement with you;
• When the purpose of processing your personal information has been achieved, cannot be achieved, or the processing is no longer necessary (e.g. when you no longer use our services, or has deregistered your account);
• When we no longer provide you with any services; or
• When you have withdrawn your authorization and consent to our processing of your personal information.

Once your information has been removed from our services, such deletion may not be immediately synchronized in our systems, and we will delete the information once our systems are updated.

Change the scope of your consent. Each function and service requires certain basic personal information. You may withdraw your consent regarding the collection and use of any supplement personal information at any time.Once you withdraw your consent, we will not process the corresponding personal information. However, your withdrawal of consent does not affect our previous processing of your personal information based on your consent.

Obtain a copy of your personal information. You have the right to obtain a copy of your personal information that we processed. Please contact us if you need.If conditions prescribed by law are met, we can also directly transfer your personal information to a third party designated by you at your request.

Respond to your requests.You can reach us by sending emails to china.enquiry@brookfield.com. We will promptly respond to your rights requests within 15 working days, unless otherwise specified by applicable laws or regulations. You may contact us to make a complaint if you are dissatisfied with our response. We will not respond to your requests under any of the following circumstances:

• Where the processing is necessitated by the performance of our legal obligations;
• Where the processing is necessary for reasons of state security or national defense security;
• Where the processing is necessary for reasons of public security, public health, or material public interests;
• Where the processing is necessitated by the investigation, prosecution, adjudication, or law enforcement of criminal cases etc.;
• Where we have proof that your request is frivolous or vexatious;
• Where the processing is necessary for safeguarding your or others’ material legal rights and interests, such as the right to life and property, and it is difficult to obtain your consent;
• Where responding to your requests will give rise to serious damages to the rights and interests of you or other individuals or organizations;
• Where your requests involve our trade secrets.

SECTION 5. Our websites and services are not intended for children.

We regard any minor under the age of fourteen as a child.

Our business and service are intended foradults, and we will not collect, use, or spread any children’s personal information on purpose.

If you are the parents or legal guardian of the child and you have reasons to believe that the child has provided us with personal information, please email us at china.enquiry@brookfield.com and we will delete it as soon as possible.

SECTION 6. International transfers of your personal information.

All your personal information collected and generated in the course of our operations within the territory of PRC will be stored domestically. Currently, we will not transfer the information outside China. If we need to transfer personal information abroad in the future, we will seek for your separate consent, strictly follow legal procedures, and sign contracts with overseas recipients, to ensure your personal information is protected at the same level as in China.

SECTION 7. We may update this Policy.

Brookfield reserves the right to update the Policy from time to time.

Without your explicit consent, we will not diminish your rights under this Policy. If this Policy is updated, we will release the updated version through this website as well as sending significant notifications to you. Please periodically review the updated version to ensure that you are fully aware of the updated content of the Policy.

If you do not agree to our revision of the Policy, please stop using related services immediately. If you continue to use such services after this Policy is updated, you are deemed to have fully read and agreed to be bound by the updated Policy.

SECTION 8.Feel free to contact us.

If you have any questions, suggestions, or comments about our Policy or about the use of your personal information, please email us atchina.enquiry@brookfield.com.

In order to verify the identity, you may be required to provide additional materials or written requests for processing your request and/or complaint.

If you are dissatisfied with our response, especially when our personal information processing impairs your legal rights, you can also file a lawsuit with a court with jurisdiction in the defendant’s domicile.

[Brookfield Investment Consulting (Shanghai) Co., Ltd.]