Acceptable Use Policy

By accessing this environment, you hereby consent that you have read, understood and will abide by ARK Investment Management LLC’s (“ARK” or the “Firm”) Acceptable Use Policy set out below.

Policy Purpose

ARK makes available Firm related information (hereafter referred to as “ARK Information” or “Firm Information”) and computerized technology (“ARK Technology” or “Firm Technology”) to create, store or transmit Firm Information.

ARK Information and ARK Technology are valuable assets which users are required to use with forethought, prudence and discipline, in compliance with this Acceptable Use Policy.

Scope

The Firm’s Technology includes but is not limited to telecommunication network lines and network equipment; facsimile machines; cellular or desktop phones; cloud applications and platforms; servers and desktop, laptop and handheld computers; iPhones; iPads; peripheral equipment; printers; electronic storage media, including CD-ROM disks, DVD, USB drives, and any removable storage media; computer software licensed to or owned by the Firm.

Firm Technology and the comprehensive body of ARK Information created or contained on or accessible through any of the Firm’s Technology are hereafter collectively referred to as “ARK Information Systems.”

This Acceptable Use Policy applies to all ARK employees, contractors, consultants, temporaries and other workers and guests, including all personnel affiliated with any third-party entitled to use ARK Information Systems (hereafter referred to as “Users”).

This Acceptable Use Policy also applies to any remote or offsite use of ARK Information Systems. 

General Rules Applicable to the Use of ARK Information Systems

Access to ARK Information Systems

Access to ARK’s Information Systems is given only to Users who need to know confidential Firm Information and/or need to use Firm Technology and then only to the extent necessary to carry out their job effectively.

Distribution and disclosure of Firm Information without authority or permission to disclose is strictly forbidden.

Principle of Conduct

Users of ARK Information Systems must conduct themselves appropriately, comply with applicable laws and respect the privacy and prerogatives of others, just as in any other business dealings.

Copyright Data, Files, Documents and Software

Copyright data, files, documents and software that are created, contained or accessible through ARK Technology may be used only in ways that are consistent with their copyrights or licenses.

In addition, all work products, including letters, memoranda, investment theses and models, e‑mail and all other documents, whether in hard copy or in digital file format, are considered Firm Information, and thus the property of the Firm and are protected by federal copyright law, and may not be taken or transferred from the Firm’s premises for the employee’s personal use, unless the employee receives prior proper written authorization.  The Firm retains the right to access any such material at any time without notice.

User IDs and Passwords

User IDs and passwords maintain individual accountability for ARK Information Systems usage and access.  When User IDs and passwords for ARK Information Systems are entrusted to a User, the User becomes responsible for safeguarding them from unauthorized use.

Sharing User IDs and/or passwords for ARK Information Systems with anybody, including colleagues, operators, system or network administrators, is strictly prohibited.  It is forbidden to write down passwords or to leave them where others can find them.

Software and Hardware Installation

Installing or modifying any software on Firm hardware or altering the configuration is forbidden.  Installation or modification of software is to be done solely by authorized IT personnel or with the agreement of Firm management and authorized IT personnel.

Users are furthermore not allowed to connect personal computers or equipment (such as wireless devices, network elements, modems, printers, etc.) to ARK’s corporate network except if authorized by Firm management.  All non-IT managed hardware must be connected to the guest wireless network.

Download, installation and execution of executable files (programs) on a computer within the Firm’s network, may be extremely dangerous for ARK Information Systems. This includes any email attachment containing executable code, those with “.exe” file extensions. ARK management reserves the right to detect and delete such executable files from any Firm computer, and filter downloads and email attachments on its Internet gateways.

Acceptable Use

Employee Use

ARK Technology is to be used only by Users authorized to do so and in general only for Firm business activities. As noted in ARK’s Compliance Manual, as a general guideline, all business communication should be conducted through the Firm’s approved communication systems. In particular, any communication with clients or communications related to any recommendation or advice given or proposed to be given, the placing or execution of any order to purchase or sell a security, the receipt, disbursement or delivery of funds or securities, and performance of any accounts, portfolios or securities recommendations subject to certain exceptions can only be communicated through ARK approved communication systems.  If any employee receives or inadvertently sends a communication that is required to be retained under this policy through an unapproved communication system, the employee must forward that communication (or a screenshot of the communication) to an approved communication system and continue any further related communications through the Firm’s approved systems.  If any employee is uncertain as to whether a communication is required to be retained under this policy or otherwise, please contact Compliance.

Employees who wish to use additional platforms, or apps, for electronic business communication must receive prior written approval from the Chief Compliance Officer. Additionally, employees are not permitted to use their personal email addresses or personal social media sites for business purposes. Administrative, logistical, or ministerial (e.g., scheduling) communications made via other means, such as text messaging, are not considered violations of this policy.

Incidental Personal Use

Employees using ARK’s electronic communication systems must follow appropriate business communication standards.  Incidental, personal use of corporate IT systems and electronic communication is permissible so long as employees do not send or receive communications that are inappropriate, obscene, discriminatory, threatening or otherwise offensive or in contradiction to any other ARK policy or procedure. Employees are reminded to always use their best business judgment when using the Firm’s IT systems and electronic communications.

Prohibited Use

The use of ARK Information Systems for the following purposes is prohibited:

• To gain knowledge of the affairs of others, with no business need for obtaining such information;
• To examine, change, print or use another person’s files, e‑mails, documents or username outside the scope of a business-related function without explicit prior authorization;
• To send or prepare information which is inappropriate, illegal, offensive, discriminatory, harassing, defamatory, threatening, obscene or otherwise offensive;
• To use ARK Technology for any purpose detrimental to ARK Information Systems;
• To download, copy or send documents or software in violation of copyright laws;
• To retain information intended for another person;
• To solicit Users or others for any commercial, religious, charitable or political causes or any other non-job related purpose;
• To provide access to any unauthorized person, including former employees; and
• To access, store or distribute any pornographic, obscene or illegal material. If such material is found, the Firm may, at its sole discretion, remove such material from ARK Information Systems. The Firm reserves the right to take appropriate action against any employee found in possession of such material.

Internet Usage

Generally, the Internet is to be used only for ARK business.  However, incidental personal use of the Internet is permissible so long as such use complies with the conditions of the “Acceptable Use” clause outlined above.  While using the Internet, Users shall comply with the following rules:

• Confidential information should not be transmitted unencrypted via the Internet. This rule affects client and partner communications and any other exchanges involving addresses or sites external to the Firm.  No assumption should be made that customers, partners or any other external parties are aware of security issues. It is the User’s responsibility to inform the partner about potential risks of information disclosure or address impersonation when using public networks.  There can be no exceptions to this procedure unless the partner advises Firm management in a signed written document that protection is not necessary, and that no information is at risk.
• Deliberate access to the following categories of Internet content or site is strictly forbidden:
  • Adult Material (Sex & Pornography), Gambling, Illegal/Questionable, Militancy/Extremist, Racism/Hate, Religion, Violence, Weapons and Drugs.

ARK reserves the right to block access to certain Internet content or sites including but not limited to the above-mentioned categories.

E-Mail System Use

In general, the ARK e‑mail system is to be used only for Firm business.  However, incidental personal use of the corporate e‑mail system is permissible so long as such use complies with the conditions of the “Incidental Personal Use” section detailed above. ARK reserves the right to monitor use of the e‑mail system in accordance with applicable laws to detect misuse and to filter inadequate content (spam) or malicious content (viruses).

Misuse of the Email System

Misuse of the e-mail system includes:

• Automatic forwarding of incoming messages to e‑mail addresses outside the Firm;
• Sending messages to e‑mail addresses outside ARK containing confidential information (other than in connection with the administration or normal operations of the Firm), damaging ARK’s reputation or its relationship with its business partners, or infringing copyright and other intellectual property rights;
• Sending messages where the sender’s identity had been altered or concealed (spoofing);
• Sending chain letters; and
• Forwarding messages without a legitimate business purpose under circumstances likely to lead to embarrassment of the sender or to violate the expressed desire of the sender to restrict additional dissemination.

Any employees found in violation of the above are subject to disciplinary actions, up to and including termination of employment per the “Discipline for Violations” section of this Acceptable Use Policy below.

Acceptable Use Monitoring

ARK monitors or inspects Firm Information Technology systems for purposes of assuring system security and/or compliance with the requirements set forth in this policy document. For such purposes, the Firm may, with or without notice, audit or monitor computerized information, messages or Internet transactions electronically in accordance with applicable laws. ARK may also, in accordance with applicable laws, inspect the content of folders or messages on Firm owned systems and/or devices during an investigation triggered by indications of impropriety or as necessary to locate information that is no more available by other less intrusive means. 

Discipline for Violations

ARK reserves the right to take all appropriate action against Users found to have violated the terms set forth in this policy document, up to and including termination, depending on the severity of the infringement. All remedies available by law are further reserved.