GDPR & DPL Investment Manager Privacy Notice
About this privacy notice
Third Point LLC and its affiliates (collectively, the "Investment Manager"), are data controllers with respect of your personal data for the purposes of applicable data protection laws, such as the European Union’s General Data Protection Regulation ("GDPR"), the GDPR as incorporated into the laws of the United Kingdom (the “UK GDPR”) and the Data Protection Law, 2017 of the Cayman Islands (the “DPL”, together with the GDPR, collectively, the “Data Protection Laws”) . The Investment Manager is responsible for ensuring that it uses your personal data in compliance with such data protection laws. The Investment Manager will generally process personal data provided to it in connection with a potential investment or consummated investment by in one or more of funds or accounts managed by the Investment Manager (an “Investment”).
This privacy notice applies to you if you are an individual in the European Economic Area, the UK, or Cayman Islands and (i) you have been or are contacted by the Investment Manager in connection with an Investment, (ii) in certain circumstances, your personal data has been provided to the Investment Manager by another person (such as where you are a director, partner, trustee, employee, agent or direct or indirect owner of an investor) in connection with an Investment or (iii) in certain circumstances, the Investment Manager otherwise has or uses your personal data. This privacy notice sets out the basis on which personal data about you will be processed by the Investment Manager.
If you are an individual, please take the time to read and understand this privacy notice.
If you are an entity or other body, you must pass this privacy notice to all individuals whose personal data you have provided (or will provide) to the Investment Manager. These will include, for example, individuals whose information has been provided to the Investment Manager to determine the eligibility and suitability of an investor, individuals who are authorised to give instructions regarding your Investment, and individuals who have communicated with the Investment Manager. Passing on this privacy notice to these individuals will help to ensure compliance by the Investment Manager with its legal obligations.
Personal data that the Investment Manager might use
The Investment Manager might process the following personal data about you:
(a) Information provided to the Investment Manager by you or (if different) the investor: This might include your name and address, contact details, date of birth, gender, nationality, photograph, signature, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information. Such information might be provided in a subscription agreement or in other documents (in connection with your subscription, continued investment or at other times), face-to-face, by telephone, by email or otherwise.
(b) Information that the Investment Manager collects or generates: This might include information relating to your (or, if different, an investor’s) emails (and related data), call recordings and website usage data.
(c) Information that the Investment Manager obtains from other sources: This might include information obtained by the Investment Manager to form a substantive pre-existing relationship prior to an Investment, information from public websites and other public sources and information received from your (or, if different, the investor’s) advisers or from intermediaries.
Uses of your personal data
Your personal data may be stored and processed by the Investment Manager for the following purposes:
(a) Assessing and processing your Investment, transaction requests in the applicable funds managed by the Investment Manager and other share or interest dealings, including eligibility, performing know-your-client procedures, automatically exchanging information for tax purposes (e.g., under FATCA or CRS) issuing and redeeming shares or interests, receiving payments from and making payments to the investor or intermediaries, calculating net asset value, and overseeing these processes.
(b) General business administration, including communicating with and servicing of investors, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems and monitoring and improving products.
(c) Compliance with legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments.
(d) With respect to the business activities relating to the Investment Manager, such as investor relations, discussions with the service providers and counterparties of the funds managed by the Investment Manager, decision-making, business strategy and development and marketing in relation to the funds managed by the Investment Manager.
The Investment Manager is entitled to process your personal data in these ways for the following reasons:
(a) If you are the potential investor, you may enter into an investment contract with the Investment Manager and/or with one or more of the funds managed by the Investment Manager and some processing will be necessary for the performance of such contracts, or will be done at your request prior to entering into such contracts.
(b) Processing may be necessary to discharge a relevant legal or regulatory obligation.
(c) The processing will, in all cases, be necessary for the legitimate business interests of the Investment Manager, the fund(s) managed by the Investment Manager in which you or your interested party has an investment, the applicable fund’s administrator or another person, such as:
(i) carrying out the ordinary or reasonable business activities of the Investment Manager, the applicable fund’s administrator or other persons, or other activities previously disclosed to the applicable fund’s investors or referred to in this privacy notice;
(ii) ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
(iii) establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and
(iv) ensuring the security of information systems.
(d) In respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be necessary for reasons of substantial public interest.
Disclosure of your personal data to third parties
The Investment Manager may from time to time, in accordance with the purposes described above, disclose your personal data to other parties, including (a) the applicable fund’s administrator and its affiliates, (b) professional advisers such as law firms and accountancy firms, (c) other service providers of the Investment Manager, including technology service providers, (d) counterparties and (d) courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with the Investment Manager’s instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties.
Transfers of your personal data outside the European Economic Area
Your personal data may be transferred to and stored by persons outside the European Economic Area (the “EEA”) or the UK, and in particular may be transferred to and stored by affiliates or service providers of the Fund or the Fund’s administrator outside the EEA or the UK.
Where personal data is transferred outside the EEA or the UK by the Investment Manager, the Investment Manager will take appropriate safeguards with respect to such transfer. For example, the country to which the personal data is transferred may be approved by the European Commission or the UK Government, the recipient may have agreed to model contractual clauses approved by the European Commission or the UK Government that oblige them to protect the personal data.
You can obtain more details of the protection given to your personal data when it is transferred outside the EEA or the UK by contacting the Investment Manager using the details set out under “Contacting the Investment Manager” below.
Transfers of your personal data outside the Cayman Islands
Your personal data may also be transferred to and stored by persons outside of the Cayman Islands. Where this takes place, we will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted by the DPL or other applicable law.
You can obtain more details of the protection given to your personal data when it is transferred outside the Cayman Islands by contacting the Investment Manager using the details set out under “Contacting the Investment Manager” below.
Necessity of personal data for your Investment
The provision of certain personal data is necessary for compliance by the Investment Manager and its service providers with certain legal and regulatory obligations. Accordingly, if certain personal data is not provided when requested, a subscription for shares or interests might not be accepted or shares or interests might be compulsorily redeemed.
Retention of personal data
How long the Investment Manager holds your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which the Investment Manager is using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which the Investment Manager has to keep your personal data).
You have a number of legal rights in relation to the personal data that the Investment Manager holds about you. These rights include the following:
(a) The right to obtain information regarding the processing of your personal data and access to the personal data that the Investment Manager holds about you.
(b) In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that the Investment Manager transmits that data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to the Investment Manager.
(c) The right to request that the Investment Manager rectifies your personal data if it is inaccurate or incomplete.
(d) The right to request that the Investment Manager erases your personal data in certain circumstances. Please note that there may be circumstances where you ask the Investment Manager to erase your personal data but the Investment Manager is legally entitled to retain it.
(e) The right to object to, and the right to request that the Investment Manager restricts, its processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask the Investment Manager to restrict, its processing of your personal data but the Investment Manager is legally entitled to continue processing your personal data or to refuse that request.
(f) The right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by the Investment Manager.
You can exercise your rights by contacting the Investment Manager using the details set out under “Contacting the Investment Manager” below. You can find out more information about the rights you may have under the GDPR by contacting an EU data regulator, or about the rights you may have under the UK GDPR by contacting the UK’s Information Commissioner’s Office, or by searching their website at ico.org.uk. For more information about the rights you may have under the DPL, please contact the Cayman Islands Data Protection Ombudsman whose details are available at www.ombudsman.ky.
Contacting the Investment Manager
If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please contact Investor Relations at +1-212-715-6707 or at firstname.lastname@example.org.