This notice (“Privacy Notice”) is provided by Alanda Capital Management Limited, Alanda Capital Management (Malta) Limited (together the “Manager Entities”), Alanda Opportunities Master Fund Limited, Alanda Opportunities Fund Limited and Alanda and Alanda Opportunities Fund LP (together the “Fund Entities”) and any other affiliates, acting as Joint Controllers (collectively known as “Alanda”) and sets out our policies with respect to the collection, sharing and use of personal information. The Manager Entities and the Fund Entities have agreed that the Manager Entities will be responsible for Alanda’s obligations as Joint Controllers to the Fund Entities.
As you are likely to be aware, the European Union General Data Protection Regulation (the “GDPR”) will come into force on 25th May 2018 and will significantly change the current data protection regime across the EU. Amongst other things, the GDPR requires us to provide certain information regarding how Alanda deals with the personal data that you give to us, our affiliates or agents, or that we otherwise obtain.
Alanda commits to:
process personal information fairly and lawfully. We only collect and use personal information lawfully and in ways one would reasonably expect and without unjustified adverse effects. We do our best to be transparent about how we intend to use your personal information.
comply with statutory requirements imposed by the General Data Protection Regulation and other national laws requiring an adequate data protection standard.
collect only enough information needed for each specific purpose. Personal information will not be used for any other purpose than as described at the point where you choose to disclose the information.
only process your personal information, that we may use to inform you by telephone, email, or mail, if we deem that it is of interest to you in your profession, or if you have expressed your consent. You can notify us at any time that you do not wish to receive additional information from us (“opt out”), and we will respect your request.
apply, use, or take reasonable steps to have security procedures and safeguards that we consider appropriate for the level of personal information you provide us with. We have adopted and implemented systems, security policies, and procedures intended to reduce the risk of unintended destruction or loss, or the unauthorized disclosure of, or access to, your personal information.
Alanda may collect and use your personal information for the purposes of administering the relationship between us, marketing our products and services to you or the businesses with which you are associated, monitoring and analysing our activities, and complying with applicable legal or regulatory requirements.
Alanda will use one of the permitted grounds under the applicable law to process your information. Such grounds include instances where you have given your consent and cases where your consent is not required under applicable law, such as where we are required to comply with a legal obligation, or where we or a third party determine that is necessary for our legitimate interests to collect and use your personal information.
The legitimate interests to collect your personal information may include any of the purposes identified above and any other purpose where we or a third party have determined that you have a reasonable expectation for us or a third party to collect or use your personal information for such purpose. You have the right to object to the use of your personal data for direct marketing purposes.
How we collect information about you
Alanda may collect personal data about you through:
information provided directly to us by you, or another person on your behalf, through our website, by email or post, or in person;
information that we obtain in relation to any transactions between you and us; or
recording and monitoring of telephone conversations and electronic communications with you as described below.
Alanda may also, in some circumstances, receive personal information about you from third parties, such as service providers or trading counterparties, regulatory or law enforcement agencies, credit reference agencies and agencies conducting background checks, Know Your Client and Anti-Money Laundering checks. Personal information may also be obtained from publicly accessible sources of information, such as public databases, industry associations, social media and online professional networks.
As a regulated financial services firm, Manager Entities are subject to legal and regulatory obligations that may require us to collect and store your personal information, such as the requirements to comply with the applicable law on prevention of financial crime, tax and regulatory reporting, or the rules on recording and monitoring of communications (as described below).
Alanda may also need to collect and use your personal information for the purposes of entering into or performance of a contractual arrangement between us.
A refusal to provide us with personal information may, depending on the purpose for which your personal information is required, have various consequences such as us being unable to communicate with you, the termination of any service or other contractual arrangement between us, or, where we have a reasonable suspicion of illegal activity, we may be required to make a report to regulatory or enforcement agencies.
The types of personal data we may collect and use
The categories of personal data we may collect will depend on the nature of our relationship with you and the purpose of which information is being collected. Such personal data may include names, residential addresses or other contact details, signature, nationality, date and place of birth, national insurance or other tax identification number, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, criminal and administrative offences, source of funds details, as well as special categories of data, such as biometric data, information about a person’s ethnic origin, religious beliefs, health, or other sensitive information.
Do we share your personal information with third parties?Alanda may (to the extent relevant to the purpose for which we collect your information), share your personal data with third parties, such as:
our affiliates or other entities that are part of our group or with our clients;
any person to whom we have a right or obligation to disclose personal data, or where we determine that disclosure is necessary to protect or defend our rights or property, including with regulators, courts of law, governmental, regulatory or law enforcement agencies;
our internet, IT, telecommunications and other service providers, including legal advisers, accountants, payroll administrators, insurance and employee benefits providers and administrators;
service providers and trading counterparties to our clients, including placement agents or distributors, brokers, banks, trading venues, clearing houses, custodians, corporate services providers, administrators of our funds, and providers of customer relationship management tools;
credit reference agencies and other third parties conducting background checks in the context of employment or client, counterparty, or investment due diligence;
any person, as directed by you; or
any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.
Transfers of personal information to countries outside of the European Economic Area (EEA)
Due to the international nature of our business, your personal data may be transferred to countries outside of the EEA, such as to jurisdictions where we or our clients conduct business or have a service provider, including countries that may not have the same level of data protection as that afforded by the EU General Data Protection Regulation and other data protection rules applicable to us (collectively, “Data Protection Law”). In these circumstances, we take steps to ensure that the recipient agrees to keep your information confidential and that it is held securely in accordance with the requirements of Data Protection Law, such as by requesting appropriate contractual undertakings in our legal agreements with service providers.
For how long do we keep your personal information?
We will generally keep personal information about you for as long as necessary in relation to the purpose for which it was collected, or for such longer period if required under applicable law or necessary for the purposes of our other legitimate interests.
The applicable retention period will depend on various factors, such as any legal obligation to which we or our service providers are subject as well as on whether you decide to exercise your right to request the deletion of your information from our systems. As a minimum, information about you will be retained for the entire duration of any business relationship we may have with you, and for a minimum period of five years after the termination of any such relationship.
We will, from time to time, review the purpose for which we have collected information about you and decide whether to retain it, update it, or securely delete it, if the information is no longer required.
We may record and monitor telephone conversations and electronic communications with you for the purposes of:
ascertaining the details of instructions given, the terms on which any transaction was executed or any other relevant circumstances;
ensuring compliance with our regulatory obligations; or
detecting and preventing the commission of financial crime.
Copies of recordings will be stored for a period of five years, or such other longer period as we may determine from time to time.
What are your rights?
You have certain rights under Data Protection Law in respect of the personal data we hold about you and which you may exercise. These rights are:
to request access to your information;
to request rectification of inaccurate or incomplete information;
to request erasure of your information (a “right to be forgotten”);
to restrict the processing of your information in certain circumstances;
to object to our use of your information, such as where we have considered such use to be necessary for our legitimate interests (e.g. in the case of direct marketing activities);
where relevant, to request the portability of your information;
where you have given consent to the processing of your data, to withdraw your consent; and
to lodge a complaint with the competent supervisory authority.
How to contact us
If you have any questions about this Privacy Notice or requests with regards to the personal data we hold about you, you may contact our Compliance Officer by email at firstname.lastname@example.org or by writing to Alanda Capital Management Limited, 166 Piccadilly, London, W1J 9EF.
Complaining to ICO
You have the right to complain to the Information Commissioner’s Office (ICO). Further information is available from the ICO’s website.