EAST LODGE CAPITAL PARTNERS LLP

DATA PRIVACY POLICY – MAY 2018

 

In the course of our correspondence and other dealings with you, we will receive information relating to you or, where you act as an agent or a representative of a legal person or other entity (rather than a natural person), information relating to other officers, directors, partners, members or employees of that legal person or other entity (such information, “personal information”). If the personal information you provide to us does not relate to you, you agree to provide the disclosures set out below to the individuals whose personal information you have provided.

 

Personal information is subject to certain legal safeguards specified in the General Data Protection Regulation (2016/679) (“GDPR”) and any national laws implementing the GDPR and the Directive on Privacy and Electronic Communications (2002/58/EC) (together, the “Data Protection Legislation”).  The Data Protection Legislation prescribes the way in which East Lodge Capital Partners LLP (“Investment Manager” or “we”) and/or its agents and service providers (including the Administrator) may collect, retain and handle personal information.

 

We are a ‘controller’ of your personal information for the purposes of the GDPR, and will process, or arrange the processing of, your personal information by our service providers, including the Administrator and other third parties as set out below.  

 

Who do we share your personal information with?

 

The Investment Manager may share certain of your personal information with the following categories of third parties for the following reasons:

 

  • the Administrator and such of its affiliates and other sub-processors as may be necessary to provide administration services to a fund, account or other vehicle advised or managed by the Investment Manager, for the purposes of carrying out money laundering checks and administering your investment;
  • advisers (e.g. auditors, legal counsel and tax advisers) to a fund, account or other vehicle advised or managed by the Investment Manager relating to or in connection with your subscription to a fund, account or other vehicle advised or managed by the Investment Manager;
  • affiliates of a fund, account or other vehicle advised by the Investment Manager (including their officers, directors, partners or employees) for the purpose of the management of your investment; and
  • law enforcement agencies; regulatory or tax authorities and other governmental or public agencies or authorities.

 

They may in turn use the services of their affiliates or service providers to process your personal information where necessary or appropriate.  Where we share your personal information with a third party, we require the recipients of that personal information to put in place adequate measures to protect it.

 

We have reviewed the purposes and appropriateness of our activities, and those of the processors of your personal information, in each case, as related to the processing of your personal information.

 

The lawful bases for processing your personal information are the ability of the Investment Manager or a fund, account or other vehicle advised or managed by the Investment Manager to perform its contractual obligations to you (or to an entity represented by you), the obligations of the Investment Manager, its affiliates and funds, accounts or other vehicles to comply with legal and regulatory requirements deriving from the laws of the European Union or the member states of the European Economic Area (“EEA”) applicable to them, including the requirement to comply with any regulatory or tax reporting requirements; to carry out money laundering/terrorist financing checks, conflict checks, for purposes of fraud prevention, to comply with any applicable auditing or financial reporting requirements; to comply with information disclosure requests from regulatory, tax or other governmental or public authorities.  In addition to the above lawful bases for processing your personal information, your personal information will also be processed on the basis of the legitimate interests of the fund, account or other vehicle as applicable, and the Investment Manager, including their legitimate interests:

 

  • to exercise and comply with the fund’s/account’s/other vehicle’s and the Investment Manager’s rights and obligations at law or under regulation, where such obligations are set out under the laws of countries outside the EEA, or under contract, including for the establishment, exercise or defence of legal claims;
  • to manage and administer the Investment Manager’s business and to improve the business relationships of the Investment Manager and any funds, accounts or other vehicles under its management, assist with relationship management, and for marketing and business development activities and analysis;
  • to communicate with you in respect of any products offered by the Investment Manager or its affiliates, for risk assessment and control, for statistical and trend analysis, for system administration, operation, testing and support and to operate control systems and management information systems;
  • to help detect, prevent, investigate, and prosecute fraud and/or other criminal activity;
  • to manage the Investment Manager’s information technology and to ensure the security of the Investment Manager’s systems;
  • to disclose information to a governmental, tax or regulatory body, financial market, broker or other intermediaries, counterparties, court, auditors or other third parties and to conduct compliance activities, when any of the Investment Manager and any fund, account or other vehicle under its management think this is in any of their, or someone else’s interests, but where EU law does not require the fund, account or other vehicle, or the Investment Manager to make this disclosure or conduct these activities;
  • to establish, exercise or defend legal claims and in order to protect and enforce the rights, property, or safety of the Investment Manager and any fund, account or other vehicle advised or managed by the Investment Manager, or to assist the investors in any fund, account or other vehicle advised or managed by the Investment Manager, or others, to do the same;
  • to investigate and respond to any complaints about the Investment Manager and its business or any incidents relating to the Investment Manager or any fund, account or other vehicle advised or managed by the Investment Manager and to help maintain quality and to deal with complaints and disputes; and
  • to make certain assessments about you in order to assess your investment objectives, risk tolerance and understanding of investment risk to assess the suitability of an investment in any fund, account or other vehicle advised or managed by the Investment Manager or other product offered by the Investment Manager or its affiliates.

 

When processing your personal information, the Investment Manager will be subject to, and shall comply with, the relevant requirements contained in the GDPR.

 

What personal information will be collected and used?

 

The types of personal information relating to you that the Investment Manager may process include, for example:

 

  • your (or your officers’, directors’, partners’, members’ or employees’) name, address, date of birth and gender;
  • your (or your officers’, directors’, partners’, members’ or employees’) bank account details, source of wealth information, accounts and bank statements, tax identification number;
  • information relating to your subscription or proof of your eligibility to purchase interests in any fund, account or other vehicle managed by the Investment Manager; and
  • copies of your (or your officers’, directors’, partners’, members’ or employees’) passport and other official documentation required for identity or address verification purposes.

 

How do we use your personal information?

 

The Investment Manager will process your personal information in order to market funds or other vehicles advised by the Investment Manager or other products offered by the Investment Manager or its affiliates, to otherwise undertake the necessary and appropriate actions in order to appropriately operate the Investment Manager’s business and provide the services it has agreed to provide, to comply with the applicable legal and regulatory obligations, and to exercise its rights at law or under contract.  This may include, without limitation, providing administrative services, preventing fraud, carrying out money laundering checks or conflict checks, reporting to national and international regulatory bodies. The Investment Manager may also process your personal information to manage and administer the Investment Manager’s business and to improve relationships with you (or any person you represent), and assist with investor relationship management, and for marketing and business development activities and analysis. 

 

The Investment Manager may also share your personal information with third parties (including legal advisors and law enforcement agencies) in order to respond to investigations, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law.

 

The Investment Manager and its affiliates may also use your information in order to provide you with information of investments or products you may be interested in.  If you object to being contacted in respect of prospective products, please contact admin@eastlodgecapital.com

 

Transfers of your personal information outside Europe

 

The Investment Manager may transfer certain of your personal information to third party service providers located in countries outside of the EEA, including to fund administrators and advisers as described above, including to the following jurisdictions: the Cayman Islands, the USA and India.

 

The Fund and/or Investment Manager may also transfer certain of your personal information to non-EEA affiliates or service providers (including their employees) located in the Cayman Islands.

 

Where your personal information is transferred outside of the EEA by the Investment Manager, the Investment Manager will, where possible, take appropriate steps to ensure it is adequately protected in compliance with the requirements of Data Protection Legislation, including by entering into appropriate data transfer agreements with third party recipients of your personal information incorporating standard contractual clauses approved by the European Commission governing data transfer contracts.  Please contact the Fund and/or Investment Manager, if you would like a copy of the model clauses.

 

How long is your personal information retained?

 

The Investment Manager will regularly review the personal information that it processes relating to you to ensure it is accurate and up-to-date, and will not retain your personal information for longer than is necessary in relation to the purposes for which your personal information is processed.  Generally, the Investment Manager will retain your personal information concerning your investment for 5 years after you have exited your investment. Personal information may be retained for longer if it is required by law, or by a tax or regulatory authority, a law enforcement agency or other governmental or public body, or considered necessary in order to allow the Investment Manager or the Administrator, or their affiliates, to act in accordance with their specific set of circumstances, for example, in light of an actual or a potential legal action or a regulatory investigation.

 

Security Measures

 

To protect your personal information from unauthorised access and use, we apply organisational and technical security measures in accordance with the Data Protection Legislation.  These measures include computer safeguards and secured files and buildings.  We will notify you of any material personal data breaches affecting you in accordance with the requirements of Data Protection Legislation.

 

Your rights in relation to the personal information we process about you

 

You have various rights under Data Protection Legislation in relation to the personal information relating to you that the Investment Manager processes.  These include:

 

  • the right to request access to your personal information;
  • the right to have your personal information rectified;
  • the right to have your personal information erased;
  • the right to request that your personal information is only used for restricted purposes;
  • (if the lawful basis for processing your personal information is the legitimate interest of the Fund/ the Investment Manager) the right to object to your personal information being processed, for example, for marketing;
  • (in some circumstances) the right to require certain of your personal information to be transferred to you or a third party; and
  • the right to lodge a complaint with the relevant data regulator in your jurisdiction.

 

You can seek to exercise any of these rights by contacting the Investment Manager.

 

Questions or complaints

 

If you have any questions or complaints regarding the processing of your personal information by the Investment Manager, in the first instance, please contact the Investment Manager directly.

 

Complaints regarding the processing of your personal information by the Investment Manager may also be made directly to the relevant data protection regulator in the EU.  In the UK, this is the Information Commissioner’s Office at www.ico.org.uk.

 

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