With effect from 25 May 2018, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (together with applicable implementing laws, “GDPR”) will apply, to the extent relevant, to the processing of personal data by Ahren Innovation Capital LLP (“Ahren”). This notice sets out information relating to those activities.
The Ahren Entities
Ahren is a controller of personal data for the purposes of the GDPR and will process personal data. Information regarding such processing is set out herein.
Any person seeking information with respect to control or processing of personal data by Ahren or seeking to exercise any rights afforded to them under GDPR should contact the compliance department of Ahren Innovation Capital LLP at firstname.lastname@example.org. Under GDPR, any person that so wishes, is entitled to make a complaint with respect to any of the Ahren’s control or processing of personal data directly to the relevant supervisory authority for data protection issues. In the UK this is the Information Commissioner’s Office (“ICO”). Contact details for the ICO may be found at www.ico.org.uk.
The policies and procedures adopted by Ahren with respect to the control or processing of personal data may be amended from time to time. Similarly, the purposes for which Ahren may control or process personal data may change from time to time. If any changes would require a material amendment to the information set out herein, details of such changes will be made available in the current version of this document from time to time.
Summary of Personal Data
For the purposes of GDPR, personal data means any information about an individual from which that person can be identified. In the course of its business, Ahren may collect, use, store and transfer personal information from individuals that are employees, directors, officers or other representatives or agents of market counterparties, professional services and other service providers, trade associations, public bodies and other entities or undertakings. Such personal data is typically limited in scope, and includes but is not limited to, for example, the name and contact details of such individuals, as well as some technical data (such as internet protocol addresses), usage data and information about marketing and communication preferences.
In addition, the Ahren may also use, store and transfer personal information concerning former applicants for positions of employment at or membership of, or former employees or members of, Ahren. Such personal data may include some or all of the following: name and contact details, information about employment and educational history, performance records, salary data, references, account details, identification data, tax information, social security numbers and information regarding immigration status. Ahren will endeavour to contact those former job applicants or former employees if the personal data processed in relation to the same is material in order to inform them of the continued processing of their personal data, the nature of that processing, the lawful basis upon which the processing is taking place, and their rights under the GDPR with respect to such processing.
Collection of Personal Data
Ahren may collect personal data through a range of means. These may include direct interactions (where a person provides personal data to Ahren through correspondence or other direct methods of communication), through third-party service providers (for example, recruitment agents) or publicly available sources (where Ahren receives personal data through a publicly available source such as a website or publicly-available registry).
If you Contact Us
If you contact us through our website or otherwise, you may provide personal data to us in the course of your correspondence with us. This may include, but is not necessarily limited to, your name, address, place of business, email address, other contact details, job title, CV, correspondence records and your opinions. We may also generate personal data about you in connection with the correspondence, such as correspondence records and opinions.
The purposes for which we may collect, store and use such personal data about you and our ‘lawful basis’ for processing such data are set out in the table below. The GDPR specifies certain ‘lawful basis’ for which we are allowed to use your personal data where that processing is subject to the GDPR.
||Lawful basis for processing
|To correspond with you, respond to your enquiry or address matters raised by your correspondence.
||Our legitimate interests in responding to or addressing your enquiry or otherwise communicating with you in the course of our business.
If you Sign up to the Ahren Newsletter or an Ahren event
If you sign up to our newsletter or an Ahren event through our website you may be required to provide, but is not necessarily limited to, your name, address, place of business, email address, other contact details, job title, correspondence records and your opinions. The purposes for which we may collect, store and use such personal data about you and our ‘lawful basis’ for processing such data are set out in the table below.
||Lawful basis for processing
|To raise the profile of our business, our portfolio companies and our industry. This may include direct electronic marketing.
||Our legitimate interests in promoting our products and services and growing our business.
Potential Investment Evaluation
If you are connected with (e.g. a director, officer or employee of) an entity which we are evaluating for a potential investment, we may collect the following types of personal data: name, place of business, email address, other contact details, corporate contact information, signature, nationality, country of residence, place of birth, date of birth, employment and job history, education details, correspondence records, passport number. We may also generate personal data about you to help us evaluate our potential investment, such as correspondence records and opinions.
We may collect this personal data ourselves when you provide information to us or others acting on our behalf and we may also receive personal data from third parties such as public sources or information vendors or your service providers.
The purposes for which we may collect, store and use such personal data about you and our ‘lawful basis’ for processing such data are set out in the table below.
||Lawful basis for processing
|To undertake pre-investment steps including assessing the investment prospects of our potential investment and undertaking due diligence.
||Compliance with applicable legal obligations and our legitimate interests in conducting our business in a proper manner.
|To maintain our records.
||Our legitimate interests in conducting our business in a proper manner.
|To monitor our investment including undertaking valuations.
||Our legitimate interests in conducting our business in a proper manner.
||Lawful basis for processing
|To administer and maintain our website and record and monitor your use of our website (which may include analysing your use of our website).
||Our legitimate interests in studying how our website is used, keeping our website updated and relevant, developing our business and informing our marketing strategy.
In addition to the uses above, we may also process your information where required by law to do so or if we reasonably believe that it is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal process.
We may also process personal data for purposes other than those for which the personal data was originally collected (provided that such new purposes are not incompatible with the original purposes). Where this is the case, we will provide you with information about that further processing.
Special Categories of Personal Data
There are more limited bases for processing special category personal data. This is personal data which reveals or contains racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data, sex life and sexual orientation.
We do not intend to actively collect special category data about you. Whilst we will use reasonable efforts to limit our holding of such data, please be aware that we may hold such data incidentally. For example, where you volunteer special category data to us, such as if you send us an email containing special category data.
Use of Personal Data
Ahren will only process personal data in circumstances where they have established a lawful basis under GDPR to do so. These circumstances include where the processing of the relevant data relates to a legitimate interest of Ahren, further described below. In such circumstances Ahren will have established that the processing is necessary for the relevant purpose, and not inconsistent with the interests, rights or freedoms of a relevant data subject.
In accordance with the above, Ahren has determined that the lawful bases for its processing of personal data are the legitimate interests of Ahren to undertake activities necessary and ancillary to the carrying on of an investment management business, including where necessary for the purposes of Ahren carrying out its activities relating to any fund, vehicle or account in respect of which Ahren acts as general partner, investment manager, sub-investment manager, investment adviser or sub-investment adviser (the “Funds”), the administration of the Funds, the investment activities of the Funds, otherwise in furtherance of any contract entered into with respect to the activities of the Funds, to exercise and comply with the relevant Fund’s or Ahren’s rights and obligations at law or under regulation where such obligations are not set out under the laws of any member state of the European Economic Area (“EEA”), to establish, exercise or defend legal claims and in order to protect and enforce its (or another person’s) rights, property, or safety, or to assist others to do the same, and in order to provide information about its services and any investment products it offers.
In addition, Ahren may also control or process personal data where necessary to comply with legal or regulatory obligations applicable to them under the laws of the European Union or any member state of the EEA, or in order to give effect to a contract, or to take necessary pre-contractual steps with a view to potentially entering into a contract (including in its capacity as an employer or a prospective employer), to the extent applicable.
Ahren may from time to time control or process personal data for the purposes of operating their business, entering into contractual arrangements in the context of their investment management business, including in respect of the Funds’ marketing, and advertising the Funds and/or other investment vehicles and/or services related to the Ahren. We would like to send you information about new products and services of ours and companies within our group which may be of interest to you. If you have consented to receive marketing, you can opt out at a later date. You have a right at any time to stop us from contacting you for marketing purposes. Any person subject to GDPR who does not wish their personal data to be processed for marketing purposes may opt out of such processing by notifying the compliance department of Ahren Innovation Capital LLP at email@example.com.
Ahren will only use personal data for the purposes that it has been collected for, unless they reasonably consider that they need to use it for another reason and that reason is compatible with the original purpose of the control or processing. Any person requiring information with respect to any additional purpose for which personal data may be controlled or processed may obtain such information from the compliance department of Ahren Innovation Capital LLP. If Ahren needs to control or process personal data for an unrelated purpose it will use its reasonable endeavours to notify affected persons and to explain the basis on which they are permitted to undertake the same.
Disclosure of Personal Data
Ahren may share personal data with certain third parties for the purposes set out above. The relevant third parties with whom such personal data may be shared include entities appointed to provide services to the Funds, Ahren and its affiliates, and regulatory, legal and tax authorities. Further details of the third parties with whom personal data may be shared are available on request from the compliance department of Ahren Innovation Capital LLP. Wherever possible, personal data will only be disclosed by Ahren to a third party in circumstances where that third party has agreed to respect the security of personal data and treat it in accordance with applicable law. Ahren will seek to ensure that third parties to whom any personal data may be disclosed will not use personal data for their own purposes and only process personal data for specified purposes and otherwise in accordance with the instructions of Ahren and/or with the GDPR.
Transfer of Personal Data outside the European Economic Area
The activities of Ahren are such that it may be necessary for personal data to be transferred and/or processed outside the EEA.
In circumstances where Ahren transfers personal data outside the EEA, they will seek to ensure a similar degree of protection is afforded to it by ensuring that personal data is generally transferred only to persons in countries outside the EEA in one of the following circumstances.
To persons and undertakings in countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
To persons and undertakings to whom the transfer of such personal data is made pursuant to a contract that is compliant with the model contracts for the transfer of personal data to third countries from time to time approved by the European Commission.
To persons and undertakings based in the United States if they are part of the EU-U.S. Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the United States.
Further information on specific mechanisms utilised by Ahren transferring personal data outside the EEA and the countries to which such transfer may be made (which may include, but are not limited to The Bailiwick of Guernsey and the United States) may be obtained from the compliance department of Ahren Innovation Capital LLP upon request.
Ahren will retain personal data for as long as necessary to fulfil the purposes for which it has been collected. This will include any period of retention required to satisfy any legal, regulatory, taxation, accounting, regulatory or reporting requirement applicable to Ahren.
In determining the appropriate retention period for any personal data, Ahren will consider the amount, nature and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of the data, the purpose for which the relevant data is being processed, the extent to which the purposes for which the relevant data is being processed can be achieved by other means and any applicable legal requirements. Without prejudice to the generality of the forgoing, Ahren has determined that they will retain records for at least 10 years.
Details of retention periods applicable to personal data subject to GDPR are available upon request from the compliance department of Ahren Innovation Capital LLP. In some circumstances, a person may request that Ahren delete any personal data retained by it. Further, in some circumstances, Ahren may anonymize personal data for research or statistical purposes, in which case such information may be retained and utilised indefinitely without further notice.
Once we no longer require your personal data for the purposes for which it was collected, we will securely destroy your personal data in accordance with applicable laws and regulations.
Rights of Persons
Under GDPR, persons whose data is processed by Ahren will have certain rights. These rights include the right to access personal data, the right to require correction of personal data, the right to require erasure of personal data in certain circumstances, the right to restrict processing of personal data, and the right to require a transfer of personal data. In addition, if the processing of personal data is based on a legitimate interest of Ahren, a person will have the right to object to the processing of that personal data.
Any person seeking to exercise any such right should contact the compliance department of Ahren Innovation Capital LLP. In certain circumstances, Ahren may charge reasonable fees if any such request is clearly unfounded, repetitive or excessive.
Changes to this Privacy Notice
Our practices with respect to personal data may vary from time to time and we may update this Privacy Notice at any time. The latest version of this Privacy Notice will be made available to you on our website. If we intend to process your personal data for a purpose other than the purposes referred to above, we will provide you with additional information about that purpose.
This Privacy Notice was written with brevity and clarity in mind and is not an exhaustive account of all aspects of our collection and use of personal data. If you require any further information, please do not hesitate to contact us using the following contact details: firstname.lastname@example.org