Why are you seeing this notice?
- Astatine Investment Partners LLC (together with its affiliated entities, including but not limited to Alinda Capital Partners LLP, “AIP” or “Astatine Investment Partners”) treats all Personal Data and Sensitive Personal Data in accordance with the Cayman Islands Data Protection Act (the “DPA”) and the EU General Data Protection Regulation 2016/679 (the “GDPR”) and other applicable data protection laws (together “Data Protection Legislation”).
- The purpose of this document is to provide you with information on AIP’s use of your personal data in accordance with the Data Protection Legislation. We want you to understand how and why we use, store and otherwise process your Personal Data when you deal with us or our relevant affiliates.
- All references to the Cayman Islands and the DPA in this Data Privacy Notice should be considered only if you invested or intend to invest in a fund or other investment vehicle (as applicable, “the Fund”) subject to the Cayman Islands laws and regulations and managed or advised by AIP.
- “Personal Data” and “Sensitive Personal Data” has the meaning given in the GDPR (and in the DPA to the extent you invest in a Fund located in the Cayman Islands) and includes any information relating to an identifiable individual.
- You have rights with respect to the processing of your Personal Data and Sensitive Personal Data which are described in this Data Privacy Notice.
- We ask that investors promptly provide the information contained in this Data Privacy Notice to any individuals whose Personal Data they provide to, or is otherwise processed by, AIP including the Fund or its affiliates in connection with KYC/AML requests or otherwise.
Please read the information below carefully. It explains how and why Personal Data is processed by us.
Who is providing this notice?
AIP is committed to protecting and respecting your privacy. This privacy statement is made on behalf of AIP, including, where applicable, the relevant Fund and AIP investment adviser with which you contract, transact or otherwise share Personal Data.
Where we use the terms “we”, “us” and “our” in this Data Privacy Notice, we are referring to AIP, and where applicable, the Fund and the Fund’s investment adviser.
When you provide us with or when we otherwise process your Personal Data, AIP and, where applicable, the Fund and the Fund’s investment adviser, acts as a “data controller”.
In simple terms, this means that we:
- “control” the Personal Data that you provide — including making sure that it is kept secure; and
- make certain decisions on how to use and protect your Personal Data — but only to the extent that we have informed you about the use or as otherwise permitted by law.
For transparency, a list of controllers that may be relevant to our relationship is included in the Appendix.
Please consult your subscription documents, private placement memorandum or other offering documentation provided to you by or on behalf of the Fund to identify the name and contact details of the Fund and/or, where applicable, the Fund’s investment adviser relevant to our relationship with you.
You can contact us if you have any queries (details below).
What Personal Data and Sensitive Personal Data do we collect about you?
The types of Personal Data we collect and share depends on the relationship, product or service you have with us and the nature of your relationship or investment. This can include or be related to:
- social security number and income
- assets and investment experience
- risk tolerance and transaction history
- investment activity
- accounts at other institutions
- financial details, including tax-related information/codes, bank account details
- information used for monitoring and background checks to comply with laws and regulations, including ‘know your client’ and sanctions checks
- date/place of birth, nationality, country of residence, documentation required for anti-money laundering checks (such as passport and national identity information)
- information concerning source of funds and any applicable restrictions on your investment (such as political exposure or sanctions)
We do happen to process special categories of Personal Data and/or Personal Data related to criminal convictions and offences as targeted by articles 9 and 10 of GDPR respectively (altogether to be referred as “Sensitive Personal Data”). However, we do process these Sensitive Personal Data in certain limited circumstances only. We may notably process Sensitive Personal Data (a) which you have manifestly made public; (b) necessary for reasons of substantial public interest; (c) under the control of an official authority; and/or (d) when mandated or authorised by applicable law providing appropriate safeguards for your rights and freedoms.
As a matter of illustration, we may process Sensitive Personal Data revealing political opinions (which you have not necessarily manifestly made public) or relating to criminal convictions and offences when implementing our “know your customer” obligations or screening employees.
We may also fortuitously process Sensitive Personal Data when wilfully processing non-sensitive Personal Data. As a matter of illustration, although we neither require nor need Personal Data revealing racial or ethnic origin or religious beliefs, nor genetic or biometric data, but this information is sometimes disclosed in the official identification documents (such as passport photo pages) we receive for the purpose of implementing our “know your customer” obligations or screening employees.
The Personal Data collected about you will help us provide you with a better service and facilitate our business or other relationship.
We may combine Personal Data that you provide to us with Personal Data that we collect from, or about you from other sources, in some circumstances. This will include Personal Data collected in an online or offline context.
Where do we obtain your Personal Data?
We collect, and have collected, Personal Data about you from a number of sources, including from you directly:
- Personal Data that you give us
- from the forms and any associated documentation that you complete when establishing a relationship with us, including when subscribing for an investment, shares and/or opening an account with us. This can include information about your name, address, date/place of birth, passport details or other national identifier, driving licence, your national insurance or social security number and income, employment information, bank account details, and details about your investment or retirement portfolio(s)
- when you provide it to us in correspondence and conversations
- when you make transactions with us including, in respect of the Fund, when you purchase securities from us and/or tell us where to send money
- Personal Data we obtain from others
- publicly available and accessible directories and sources
- bankruptcy registers
- tax authorities, including those that are based outside the Cayman Islands, UK and the EEA if you are subject to tax in another jurisdiction
- governmental and competent regulatory authorities to whom we have regulatory obligations
- credit agencies
- fraud prevention and detection agencies and organisations
- transaction counterparties
Why do we process your Personal Data?
AIP may collect Personal Data and Sensitive Personal Data for purposes including, but not limited to, verifying investors’ identities, verifying employees’ identities and maintaining its operations as a business. AIP would collect Personal Data and Sensitive Personal Data on bases including, but not limited to, the performance of contracts, compliance with legal obligations and the pursuit of legitimate interests.
Specifically, when you invest in a Fund, we process your Personal Data for the following reasons:
It is necessary to perform our contract with you to:
- administer, manage and set up your investor account(s) to allow you to purchase your holding (of shares) in our funds
- meet the resulting contractual obligations we have to you
- facilitate the continuation or termination of the contractual relationship between you and the Fund
- facilitate the transfer of funds, and administering and facilitating any other transaction, between you and the Fund
- Compliance with law
It is necessary for compliance with an applicable legal or regulatory obligation to which we are subject to:
- undertake our client and investor due diligence, and on-boarding checks
- carry out verification, know your client (KYC), terrorist financing, sanctions, and anti-money laundering checks
- verify the identity and addresses of our investors (and, if applicable their beneficial owners)
- comply with legal requests from regulatory, governmental, tax and law enforcement authorities
- for surveillance and investigation purposes
- carry out audit checks
- maintain statutory registers
- prevent and detect fraud
- comply with sanctions requirements
- Our legitimate interests
For our legitimate interests or those of a third party (such as a transaction counterparty or lender) to:
- manage and administer your holding in any funds in which you are invested, and any related accounts on an ongoing basis
- assess and process any applications or requests made by you
- open, maintain or close accounts in connection with your investment in, or withdrawal from, the Fund scheme
- send updates, information and notices or otherwise correspond with you in connection with your investment in the Fund scheme
- address or investigate any complaints, claims, proceedings or disputes
- provide you with, and inform you about, our investment products and services
- monitor and improve our relationships with investors
- comply with applicable regulatory obligations, including anti-money laundering and ‘know your client’ checks which are not legally required
- manage our risk and operations
- comply with our accounting and tax reporting requirements
- comply with our audit requirements
- assist with internal compliance with our policies and process
- ensure appropriate group management and governance
- keep our internal records
- prepare reports on incidents / accidents
- protect our business against fraud, breach of confidence, theft of proprietary materials, and other financial or business crimes (to the extent that this is not required of us by law)
- analyse and manage commercial risks
- seek professional advice, including legal advice
- enable any actual or proposed assignee or transferee, participant or sub-participant of the partnership’s or Fund vehicles’ rights or obligations to evaluate proposed transactions
- facilitate business asset transactions involving the Fund partnership or Fund-related vehicles
- protect the security and integrity of our IT systems
- manage our financing arrangements with our financiers and financing transaction counterparties, including payment providers, intermediaries, correspondent and agent banks
We only rely on these interests where we have considered that, on balance, our legitimate interests are not overridden by your interests, fundamental rights or freedoms.
Who we share your Personal Data with
AIP will not share Personal Data or Sensitive Personal Data with third parties without the data subject’s consent, except:
- where AIP is required by law do so, including but not limited to, law enforcement agencies, competent regulatory, prosecuting and other governmental agencies, financial regulators, public authorities, courts and dispute-resolution bodies or litigation counterparties, in any country or territory; or
- where AIP is required by contract to do so including, but are not limited to, IT service providers, client relationship management platforms and service providers with a need to access such information.
Specifically, when you invest in a Fund, your Personal Data will be shared with:
- Fund associates
We share your Personal Data with our associates, related parties and members of our group. This is:
- to manage our relationship with you
- for the purposes set out in this Data Privacy Notice
- Fund Managers, Depositories, Administrators, Custodians, Investment Advisors
- delivering the services you require
- managing your investment
- supporting and administering investment-related activities
- complying with applicable investment laws and regulations
- Tax Authorities
- to comply with applicable laws and regulations
- where required by Cayman Islands or UK/EEA tax authorities (who, in turn, may share your Personal Data with foreign tax authorities)
- where required by foreign tax authorities, including outside of the Cayman Islands or UK/EEA
- Service Providers
- delivering and facilitating the services needed to support our business relationship with you
- supporting and administering investment-related activities
- Financing counterparties, lenders, correspondent and agent banks
- assisting these transaction counterparties with regulatory checks, such as know your client and anti-money laundering procedures
- sourcing credit for fund-related entities in the course of our transactions and fund life cycles
- Our lawyers, auditors and other professional advisors
- providing you with investment-related services
- to comply with applicable legal and regulatory requirements
Do you have to provide us with this Personal Data?
Where we collect Personal Data from you, we will indicate if:
- provision of the Personal Data is necessary for our compliance with a legal obligation; or
- it is purely voluntary and there are no implications for you if you do not wish to provide us with it.
Unless otherwise indicated, you should assume that we require the Personal Data for business and/or compliance purposes and more specifically the purposes set out in this Data Privacy Notice.
Some of the Personal Data we request is necessary for us to perform our contract with you and if you do not wish to provide us with this Personal Data, it will affect our ability to maintain our relationship with you, provide our services to you and manage your investment.
Sending your Personal Data internationally
AIP will only transfer Personal Data or Sensitive Personal Data outside of the European Economic Area (“EEA”) when such a transfer complies with GDPR and the DPA. Reasons for transferring Personal Data and Sensitive Personal Data outside the EEA include, but are not limited to, public interest, contractual obligations, the pursuit or defense of legal claims and, as permitted by law, AIP’s legitimate interests.
In the event of such a transfer of Personal Data or Sensitive Personal Data outside the EEA, AIP will ensure that any recipient(s) of Personal Data or Sensitive Personal Data maintain levels of data protection comparable with the protections afforded by GDPR and the DPA.
Where we transfer Personal Data to other members of our group, or our service providers, we have put in place data transfer agreements and where EU data protection or the DPA applies, safeguards using European Commission approved terms or other approved transfer methods.
Please contact us if you would like to know more about these agreements or receive a copy of them. Please see below for our contact details.
Consent – and your right to withdraw it
We do not generally rely on obtaining your consent to process your Personal Data.
If we do, we ask you to give your consent under particular circumstances for a specific Personal Data processing. After you give us your consent, you have the right to withdraw this consent at any time without prejudice to the processing of your Personal Data carried out until such withdrawal.
Please contact us or send us an email at email@example.com at any time if you wish to do so.
Retention and deletion of your Personal Data
We keep your Personal Data for as long as it is required by us for our legitimate business purposes, to perform our contractual obligations, or where longer, such longer period as is required by law or regulatory obligations which apply to us and in accordance with AIP’s compliance and other policies and procedures.
As a general principle, we do not retain your Personal Data for longer than we need it.
If you invest in a Fund:
- we will generally retain Personal Data about you throughout the life cycle of any investment you are involved in and some Personal Data will be retained after your relationship with us ends; and
- we will usually delete your Personal Data (at the latest) after you cease to be an investor in any Fund and there is no longer any legal or regulatory requirement or other purposes as set out in this Data Privacy Notice for retaining your Personal Data. We may thus retain your Personal Data for a period of 10 years after you cease to be an investor in any Fund to the extent necessary to comply with such laws and regulations applicable to us or to establish, exercise or defend actual or potential legal claims, subject to the applicable statutes of limitation in relation to such claims.
You have certain data protection rights, including:
- the right to be informed: to contact AIP, and to be informed by AIP how, why and for what time period AIP will use your Personal Data;
- the right to access your Personal Data: you have the right to receive confirmation that your Personal Data are being processed by us (or not), to access and receive a copy of your Personal Data held by AIP, and to receive supplementary information;
- the right to restrict the use of your Personal Data in certain circumstances: this right allows you to ‘block’ or suppress a specific processing of your Personal Data;
- the right to have incomplete or inaccurate Personal Data corrected (right to rectification);
- the right to stop processing and right to object: you have the right to stop, not begin or object at any time, on grounds relating to your particular situation, to any further processing of Personal Data, including profiling, concerning you, which is based on our legitimate interests or on the performance of a task carried out in the public interest or in the exercise of any official authority that we would be vested in. In this case, we shall no longer process your Personal Data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. The DPA gives individuals an absolute right to stop the processing of their personal data for direct marketing purposes;
- the right to erasure (also known as right to be forgotten) the right to require us to delete your Personal Data in some limited circumstances; and
- the right not be subject to decisions based solely on automated processing or decision making, including profiling: to object to the automated making of decisions or the automated creation of profiles based on your Personal Data. AIP does not currently make decisions or create profiles automatically.
Where GDPR applies, you also have the right in some circumstances to request for us to “port” your Personal Data in a portable, re-usable format to other organisations (where this is possible).
If you wish to exercise any of these rights, please contact us (details below).
Concerns or queries
We take your concerns very seriously. We encourage you to bring it to our attention if you have any concerns about our processing your Personal Data. This Data Privacy Notice was drafted with simplicity and clarity in mind. We are, of course, happy to provide any further information or explanation needed. Our contact details are below.
If you want to make a complaint, you can also contact the body regulating data protection in your country, where you live or work, or the location where the data protection issue arose.
The DPA supervisory authority is the Cayman Islands Ombudsman, whose website is at https://ombudsman.ky.
The Luxembourg supervisory authority is the Commission Nationale pour la Protection des Données – CNPD, whose website is at https://cnpd.public.lu/fr.html.
A list of the EU data protection authorities is available by clicking this link: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080
Please contact us if you have any questions about this Data Privacy Notice or the Personal Data we hold about you.
AIP has determined that the Chief Compliance Officer will take primary responsibility for ensuring AIP’s compliance with GDPR and DPA, including the obligation to respond to any concerns raised by data subjects.
The Chief Compliance Officer is James McNamara, who can be reached on +1 203 930 3830 or firstname.lastname@example.org.
Contact us by email at email@example.com.
Contact us in writing using this address:
Astatine Investment Partners LLC, 33 Benedict Place, Greenwich, CT 06830 USA.
Please consult your subscription documents, private placement memorandum or other offering documentation provided to you by or on behalf of the Fund and/or the Fund’s investment adviser, where applicable, to identify the name and contact details of the relevant controller(s) of your Personal Data.
Changes to this Data Privacy Notice
We keep this Data Privacy Notice under regular review. This Data Privacy Notice can be amended at our sole discretion. Where required to be notified to you, such amendments will be notified by any means that we deems appropriate, including by public announcement. This Data Privacy Notice was last updated 7 December 2022.
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