Glendower Capital Privacy Notice – 23 May 2018

1.     The Purpose of this Notice

This notice sets out how the personal data provided to Glendower Capital, its affiliated entities and funds (“Funds”) (together, “Glendower”) is used, stored, transferred or otherwise processed, and other matters relating to it.

This Notice expresses our firm commitment to protecting the privacy of our current and prospective counterparties, investors, suppliers and other business contacts as they interact with us in person, through the internet, or by other means. Additional information regarding privacy issues may be provided to you in connection with a particular product or service provided or contracted by us or any of our affiliates, whether through a website, by telephone, or in writing. Such additional information may be required by applicable law or as a result of the type or nature of the product or service in question. We encourage you to read all information provided to you in connection with the use of your information.

This notice does not apply to the processing of personal information relating to Glendower employees or partners, or where we make another privacy notice available.

Any questions about the contents of this policy or how personal data will be used, stored, or transferred, should be sent to compliance@glendowercapital.com.

2.     Responsibility for personal data

Glendower Capital LLP is the “data controller” for the personal information provided to Glendower and the Funds managed by Glendower.  This means that Glendower will become responsible for how the personal data is dealt with by Glendower and associated third parties.

Glendower is also the data controller for information collected through www.glendowercapital.com (the “Website”). The content on Website is intended solely to provide general information regarding Glendower. Glendower does not offer or make available its investment advisory services to the general public. Information in the site does not constitute and is not intended as, an offer or sale of any security or investment product or investment advice. Offerings are made only pursuant to a private offering memorandum containing important information regarding risk factors, performance and other material aspects of the applicable investments.

All marketing activities by or on behalf of Glendower must comply with applicable DP Laws (and other applicable laws and regulations).

3.     Uses of personal data

Investors

Glendower requires personal information in respect of the Funds for a number of reasons, including:

  • verifying the identity of prospective investors for the purpose of complying with the statutory and regulatory requirements of the relevant Fund and any functionary of the Fund in relation to anti-money laundering in the UK or elsewhere;
  • evaluating and complying with any anti-money laundering, regulatory and tax requirements in respect of the relevant Fund;
  • contacting investors with information about other products and services provided by Glendower which it considers may be of interest to investors;
  • carrying out the function of the Manager of the relevant Fund and administering the investor’s investment in the Fund;
  • meeting the legal, regulatory, reporting and/or financial obligations of the relevant Fund or any functionary of the relevant Fund in the UK or elsewhere, including, without limitation, with respect to compliance with the US Foreign Account Tax Compliance Act (“FATCA”) and the OECD common reporting standard (“CRS”) or any legislation, regulations or guidance enacted in any jurisdiction that seeks to implement a similar tax reporting or withholding tax regime; and
  • any purpose ancillary to the management and operation of the relevant Fund and/or any of its investments.

Business contacts

If you have had contact with Glendower, for example through emailing us or meeting a Glendower representative, we may store limited amounts of personal information relating to you which you provide to us, such as your name, job title, employer organisation and contact details. We will store this personal information for a number of reasons, including:

  • maintaining a record of contacts;
  • providing periodic business updates and sending promotional materials; 
  • inviting you to presentations and events and organising meetings between you and Glendower’s representatives;
  • safeguarding our legal rights and interests;
  • administering any transaction that we enter into;
  • managing our investments or potential transactions; and
  • seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants.

Service providers and advisors

If you are a service provider, supplier to Glendower, or one of its professional advisors (or a person employed by or otherwise connected with any such third party), we will store limited amounts of personal information relating to you, including your name, job title, qualifications, employer organisation and contact details. We will store this personal information for a number of reasons, including:

  • administering and maintaining records of services or advice we have received and commissioning further services;
  • complying with our regulatory, tax and legal obligations, including assessing and managing risk;
  • safeguarding our legal rights and interests; and
  • seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants.

Transaction related contacts

If you are involved in a transaction that Glendower is involved in, or a potential transaction that Glendower considers, we may store personal information relating to you. This might include your CV, details of your previous employment history, business profile and professional activities, information relating to your financial status and dealings, nationality information (including copies of identity documents, such as a passport), references provided by third parties, and results of other due diligence carried out. We will store this personal information for a number of reasons, including:

  • assessing potential transactions;
  • maintaining records of investments;
  • administering any transaction that we enter into;
  • assessing your suitability for involvement in a transaction, including by verifying your identity;
  • complying with our regulatory, tax and legal obligations, including assessing and managing risk;
  • safeguarding our legal rights and interests;
  • seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants; and
  • providing periodic business updates and sending promotional materials.

Other individuals

Glendower also collects personal data when individuals voluntarily submit information to, or contact Glendower through, our Website, by emailing Glendower using the contact details available on the Website or through other interactions with Glendower.  For example, individuals may provide Glendower with personal data in a request for general information, through the submission of a business proposal or when expressing an interest in working with, or otherwise discussing employment with, Glendower or any portfolio company of Glendower. Glendower may process any personal data, such as name and e-mail address, for Glendower’s reasonable and legitimate business purposes including, but not limited to, the following purposes:

  • Fulfilling requests or reply to inquiries made by the relevant individual;
  • Considering applications for employment;
  • Providing periodic business updates and sending promotional materials subject to regulatory permissions, and other communications;
  • Protecting against, identifying and preventing fraud and other unlawful activity;
  • Complying with and enforcing applicable legal requirements, including, without limitation, with respect to compliance with FATCA and CRS (as well as any legislation, regulations or guidance enacted in any jurisdiction that seeks to implement a similar tax reporting or withholding tax regime), and relevant industry standards and Glendower policies;
  • Helping to detect, prevent, investigate, and prosecute fraud and/or other criminal activity; and
  • managing Glendower’s information technology and to ensure the security of the Glendower’s systems.

The submission of personal data through the Website, in person or via email is voluntary.

If you visit any of our offices in person, your image may be captured on our CCTV system. We operate a CCTV system to protect our buildings and assets from damage, for the personal safety of our staff and visitors and to support law enforcement bodies in the prevention, detection and prosecution of crime.

Glendower processes personal data where necessary for the compliance with a legal obligation (as noted above), for the performance of a contract, in connection with legitimate interests of Glendower (such as the running and promoting of our business, maintaining contact with investors, service providers, business contacts and others) or on the basis of consent received from the relevant individuals in compliance with the applicable legal requirements in respect of that consent. 

4.     Disclosure to third parties

Disclosures relating to investors

In relation to personal data processed in connection with a Fund, each Fund’s structure involves legal entities affiliated with Glendower to allow it to operate and fulfil its aims.

Glendower also relies on third parties to help it document, effect and administer investments in each Fund both at the outset and on an on-going basis.  Glendower may, therefore, transfer personal data to third parties from time to time including:

  • Glendower’s legal and other advisers to allow them to facilitate investments in the relevant Fund.
  • Any Fund’s outsourced administrator or other service providers, such as depositaries, that provide administrative services to the Fund.
  • Glendower’s financial service providers, such as placement agents, custodians, banks and others used to facilitate transactions.

Other disclosures

In wider circumstances, Glendower may also transfer personal data to third parties, including

  • Entities within the Glendower group.
  • Glendower’s legal and other advisers.
  • Glendower’s financial service providers, such as placement agents, custodians, banks and others used to facilitate transactions.
  • Glendower’s other service providers such as IT service providers and consultants, that provide support and administrative services to Glendower.
  • Credit reference agencies.
  • Financial intermediaries.
  • Other persons who have an interest or involvement in, or who are considering an interest or involvement in, a Glendower transaction, including co-investors, other providers of finance and investors in Glendower funds.

There may also be circumstances where Glendower is obliged by law to disclose personal data, including to law enforcement or other government agencies, tax authorities, applicable regulators (or in response to requests from such parties) or in the context of litigation.

5.     Information security

The security of data is central to our business. We use reasonable technical, administrative, and physical security measures to reduce the risk of losing, unauthorised access to, or inadvertent destruction of, your personal data. We train our employees to handle personal and business information in accordance with approved policies and procedures that we have established to ensure compliance with applicable laws and internal policies for protecting personal information.
You acknowledge that the transmission of information via the internet is not secure. We cannot guarantee the security of your data transmitted to our public Website, any other site used by us and accessible by you or through electronic communications, and any transmission is at your own risk.

6.     Location and transfer of personal data

It may be necessary for Glendower or associated third parties (including the parties to whom we disclose personal information in accordance with this notice) to effect cross-border transfers of personal data, including to the United States of America and to other countries outside the European Economic Area (the “EEA”).  In some cases, personal data may be transferred to jurisdictions outside of the EEA that are not deemed to have data protection frameworks that are equivalent to those of the EEA countries, such as the United States of America. Such transfers may be to other Glendower entities, to governmental, regulatory or judicial authorities, auditors, legal advisors or agents as well as to sub-contractors engaged by Glendower. Glendower uses data transfer agreements incorporating standard contractual clauses approved by the European Commission to transfer personal data to such jurisdictions.

7.     Retention periods

Glendower and those third parties to whom personal data is transferred will retain that data as long as is necessary for the purposes set out in Section 3.  In particular, Glendower will hold certain personal data and other information regarding investors in Funds for at least as long as they remain investors.  The retention period may extend beyond the investment term where necessary for the Funds’ legitimate interests, including to comply with legal or regulatory obligations or to facilitate the relevant Funds’ on-going administration and performance.

8.     Individual rights

Individuals whose personal data is processed by Glendower have certain legal rights in respect of the information.  These include:

  • The right to request access to personal data.
  • The right to obtain information about the use of personal data including: (i) the purposes for which personal data is being used; (ii) the categories of personal data being used; (iii) to whom personal data has been or will be disclosed; (iv) where possible, the period for which data will be retained; (v) the right to require rectification or erasure of personal data or restrict or object to its use; (vi) the right to lodge a complaint with a supervisory authority; and (vii) whether personal data is subject to any automated decision-making including profiling.
  • The right to require rectification (correction) of errors in personal data without undue delay.
  • The right to have personal data erased without undue delay in certain circumstances including where: (i) the personal data no longer needs to be processed for the purposes for which it was collected; (ii) the personal data has been processed unlawfully; and (iii) erasure is required by applicable law.
  • The right to restrict the processing of personal data in certain situations including where: (i) the data subject is contesting the accuracy of the personal data; (ii) the data is being processed unlawfully but the data subject does not want the data erased; (iii) the personal data is no longer needed for the purposes for which the data subject provided it but the data subject requires that data to help establish, exercise or defend legal claims.
  • The right to receive personal data in a structured, commonly used and machine-readable format and transmit that data to a third party.

If an individual wishes to exercise any of these rights and Glendower has transferred that person’s data to a third party, Glendower will communicate that request to the relevant third party unless it would be impossible or involve disproportionate effort for Glendower to do so.

To request this information, please email compliance@glendowercapital.com.

9.     Cookies

When an individual visits the Website or opens emails from Glendower, certain information may be collected by automated means, such as cookies.  Below is information about Glendower’s use of cookies.

What are Cookies?

Cookies are defined by the Information Commissioner’s Office (ICO) as ‘small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site’.
You can find more information about cookies at www.aboutcookies.org.

Cookies We Use

At present we use Functional and Performance Cookies that fall within the categories set out in the International Chamber of Commerce (ICC) UK Cookie guide.

Functional cookies allow the website to remember choices and changes you make. Performance cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages.

These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.

That may change in the future at which point we will update this notice.

Functional and Performance Cookies We Use on Our Website

We use third-party cookies and tracking pixels created by other parties, not our Website. We use Squarespace to help analyse the use of our Website. These analytical tools use ‘cookies’ which are text files placed on your computer.

Third-party cookie usage is governed by the privacy notice of that third party.

The following table provides information on the types of cookies we use. For more information, please refer to https://www.adobe.com/uk/privacy/policies/typekit.html and https://www.squarespace.com/privacy.

Cookie Provider Description Retention Purpose
p.gif Typekit.net Pixel tracker Session cookie This web beacon / tag is used by Typekit (Adobe) to track use of their font on our site.
crumb Squarespace.com Session cookie When browsing session ends These are cookies used by Squarespace, a web publishing company which we have built our site on, to collect information on how visitors interact with our site and allow some of the site’s features.
ss_cid Identifies unique visitors and tracks a visitor’s sessions on a site. 2 Years
ss_cookieAllowed Remembers if a visitor agreed to placing Analytics cookies on their browser if a site is restricting the placement of cookies 30 days
ss_cvisit Identifies unique visitors and tracks a visitor’s sessions on a site. 30 minutes
ss_cpvisit Identifies unique visitors and tracks a visitor’s sessions on a site. 2 years
ss_cvr Identifies unique visitors and tracks a visitor’s sessions on a site. 2 years
ss_cvt Identifies unique visitors and tracks a visitor’s sessions on a site. 30 Minutes

Controlling and deleting Cookies

You can control the use of cookies through browser settings. If you choose to disable cookies, it may limit your use of certain features or functions of the Website and Services.

For more information on how to manage and delete them, please visit www.aboutcookies.org or www.allaboutcookies.org.

10.    Links to other sites

The Website may provide links to other websites for convenience and information. These websites may operate independently from Glendower.  Linked sites may have their own privacy notices or policies, which Glendower strongly suggests individuals review.  To the extent any linked websites are not owned or controlled by Glendower, Glendower is not responsible for their content, any use of the websites, or the privacy practices of the websites.

11.    Automated decision-making processes

Glendower does not use personal data for any automated decision-making or profiling purposes.

12.    Updates

This Notice may be updated periodically and without prior notice to reflect changes in Glendower’s personal information practices. Glendower will post the updated version on the Website and indicate at the top of the Notice when it was most recently updated.

13.    Feedback or Complaints

Any questions about the contents of this Policy or Glendower’s use of personal data should be addressed to compliance@glendowercapital.com.

We hope that we can address any questions or concerns that you have about this notice or Glendower’s uses of your personal information or privacy practices.  However, issues or concerns individuals have regarding their personal data can also be brought to the attention of the UK Information Commissioner’s Office or any applicable supervisory authority.

Information regarding the UK Information Commissioner’s Office and its powers can be found on its website at: www.ICO.org.uk.