GLOBAL PRIVACY POLICY NOTICE
Data Protection Laws (as defined below) require that firms provide privacy notices in various instances and to adopt policies and procedures to protect the personal data (as defined below) of their customers.
Tyrus Capital S.A.M. (the "Investment Manager") advises private funds (each, a "Fund", and together, the "Funds"). The Investment Manager takes precautions in maintaining the privacy of personal data concerning the current, former and prospective investors in the Funds it advises. This Privacy Policy Notice covers all individuals who are investors in a Fund, who have been investors in a Fund or who are considering an investment in a Fund.
The EU General Data Protection Regulation (Regulation (EU) 2016/679) (together with applicable implementing laws, "EU GDPR"), the EU GDPR as it forms part of the laws of the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (the "UK GDPR", and, together with the EU GDPR, the "GDPR"), the Cayman Islands Data Protection Law, 2017 (together with any associated regulations and guidance, "DPL") and United States federal regulations (together, the "Data Protection Laws") are applicable to undertakings which process personal data in certain circumstances, and therefore to certain processing of personal data by certain Funds and various undertakings appointed by them.
This Privacy Policy Notice sets out information relating to the policies, procedures and purposes applicable to certain personal data processing activities, including as to the Investment Manager s policies with respect to personal data of investors who are natural persons.
The Funds, the Management Entities and the Fund Entities
In certain circumstances, each and any of the Investment Manager, Tyrus Capital Management Company II Limited, Tyrus Capital Asset Management Europe Limited, Tyrus Capital Alternatives LLP, Tyrus Capital Americas, LLC (together, the "Management Entities"), Tyrus Capital Services Ltd and the Funds (all together, the "Fund Entities") may be engaged in controlling and/or processing non-public personal information and other personal information about former, current and prospective investors who are individuals, including information that can help directly or indirectly identify those individuals ("personal data") for the purposes of the applicable Data Protection Laws.
The directors of the relevant Fund Entity, as the case may be, will be the persons responsible on behalf of the Funds for overseeing issues related to the applicable Data Protection Laws and the policies and procedures adopted by them for the purposes of compliance with the Data Protection Laws, where applicable, with the assistance of the Investment Manager. The Management Entities will oversee their own policies and procedures for the purposes of compliance with the Data Protection Laws, where applicable. Any person seeking information with respect to control or processing of personal data by any of the Fund Entities or seeking to exercise any rights afforded to them under applicable Data Protection Laws should contact us at the contact details below.
Under the applicable Data Protection Laws, any person wishing to is entitled to make a complaint with respect to any of the Fund Entities control or processing of personal data. Under GDPR, such complaint may be made to their relevant supervisory authority, such as the UK Information Commissioner s Office ("ICO") which is the supervisory authority for data protection issues in the UK. Contact details for the ICO may be found at www.ico.org.uk. Under DPL, such a complaint may be made to the Cayman Islands Ombudsman ("Ombudsman"). The Ombudsman is the Cayman Islands supervisory authority for data protections issues. Contact details for the Ombudsman may be found at www.ombudsman.ky.
The policies and procedures adopted by the Fund Entities with respect to the control or processing of personal data may be amended from time to time. Similarly, the purposes for which the Fund Entities may control or process personal data may change from time to time. If any material changes would require amendment to the information set out herein, the Fund Entities will endeavour to notify you as promptly as practicable of such changes.
Summary of Personal Data
The Fund Entities may collect, use, store and transfer personal data comprising identity data such as name, contact data such as address, telephone number and e-mail address, financial data such as taxpayer identification number and account number, transaction data such as transaction history, technical data related to internet protocol addresses, usage data, information about marketing and communication preferences and other personal information. The Fund Entities do not anticipate that, in respect of the Funds, they will process special categories of personal data (which may include details about people s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about people s health, genetic and biometric data and information about criminal convictions and offences).
Collection of Personal Data
The Fund Entities may collect personal data through a range of means. These may include sources such as: (i) direct interactions (where a person provides personal data to the relevant Fund Entity through correspondence or other direct methods of communication, including applications to invest in the Funds, forms and questionnaires, or otherwise in the course of establishing an investor relationship); (ii) investor transactions, including your transactions with the Fund, its affiliates or others (including service providers that are necessary to carry on the Fund Entities everyday business), such as your investment and withdrawal history; (iii) third-party service providers, such an investor s brokerage or financial advisory firm, financial advisor, or consultant, or the Fund Entities service providers, or their affiliates service providers; or (iv) publicly available sources (where a Fund Entity receives personal data through a publicly available source such as a website or publicly-available registry, including bankruptcy registers, sanctions screening databases, tax authorities, governmental agencies and departments, and regulatory authorities) and other sources such as credit reporting agencies or sources designed to detect and prevent fraud.
Purposes for Collection and Use of Personal Data, and Additional Information for Any Person Subject to GDPR in relation to Legal Basis
The Fund Entities will only process personal data in circumstances permitted under the applicable Data Protection Laws. At all times, the Fund Entities will limit the collection and use of personal data to that which is necessary to administer our business and to deliver the best possible service to you.
The Investment Manager and any other Fund Entity, as applicable, use your personal data for business or commercial purposes such as to service investment on behalf of investors, including processing your requests for transactions; to provide you with valuable information on your investments; to provide you with additional information about products and services; to meet contractual obligations; to meet regulatory requirements; to enable or effect commercial transactions; for its own internal marketing purposes (see further below); and for internal administration and analysis, including troubleshooting, testing, research, detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.
Fund Entities may from time to time control or process personal data for the purposes of marketing and advertising the Funds and/or other investment vehicles and/or services related to any of the Management Entities. Any person subject to GDPR who does not wish their personal data to be processed for such purposes may request an opt out from such processing by contacting us at the contact details below.
For the limited purposes outlined above, the Investment Manager may disseminate personal data concerning you internally. However, the Investment Manager will use reasonable best efforts to ensure that your personal data is treated in accordance with this Privacy Policy Notice and the policies and procedures adopted for the purposes of compliance with the Data Protection Laws, where applicable.
Each Fund Entity may control and process personal data without the knowledge or consent of data subjects to whom such personal data relates in compliance with their policies and procedures from time to time where this is permitted or required by law or a regulatory obligation.
The Fund Entities may be legally obliged to process certain personal data in order to be able to perform services and business operations or to comply with contractual requirements. If individuals choose not to provide the Fund Entities with the necessary personal data or to restrict the Fund Entities from processing personal data, the Fund Entities may not be able to meet their obligations or deliver the products or services requested. This may lead to cancellation of contracts; if this is the case, the relevant Fund Entity will endeavour to contact the individuals to discuss this.
Additional Information for Any Person Subject to GDPR in relation to Legal Basis: The Fund Entities process personal data in circumstances where the processing relates to a legitimate interest of the relevant Fund Entity and where that processing is necessary for the relevant purpose and not inconsistent with the interests, rights or freedoms of a relevant data subject. Each Fund Entity has determined that the relevant processing of personal data that they undertake relates to the legitimate interest of the Fund Entities carrying out any and all functions necessary to enable the Fund Entities to carry out the investment activities and related functions described in this Privacy Policy Notice. The circumstances include those where the relevant control or processing is necessary for the purposes of the relevant Fund Entity carrying out its activities relating to investments in the Funds, the administration of the Funds, the investment activities of the Funds or otherwise in furtherance of any contract entered into with respect to the activities of the Funds. In addition, the Fund Entities may also control or process personal data where necessary to comply with legal or regulatory obligations applicable to them. Depending on the circumstances, the Fund Entities may also need to process your personal data for the performance of a contract to which you are a party, or related pre-contractual steps; or with your consent.
Disclosure of Personal Data
Each Fund Entity may share personal data with certain third parties for the purposes set out above.
The Investment Manager, and any other Fund Entity, as applicable, does not disclose personal data about a Fund s current, former or prospective investors to any non-affiliated parties, except to third party service providers assisting in the operation of its and the relevant Fund s business, their affiliates and counterparties that have been advised as to proper handling of the personal data or as required or permitted by law or regulation or at your request or with your consent.
In the course of regular business, the Investment Manager, and any other Fund Entity, as applicable, may share personal data with regulators, legal and tax authorities, financial institutions and other service providers that support our service of your investment. These service providers may use the personal data only for the services for which the Investment Manager or the Funds hire them, and are not permitted to use or share the personal data for any other purpose or as required or permitted by law or regulation. Further details of the third parties with whom personal data may be shared are available on request from the compliance officer of the Investment Manager (see contact details below).
There may be times when the Investment Manager, and any other Fund Entity, as applicable, may distribute information about your account to regulators, financial institutions and/or service providers electronically which may include transmitting information via email or by other means over unsecure networks (see below in relation to data retention and security).
The Investment Manager, and any other Fund Entity, as applicable, may also be required to share personal data by law due to a subpoena, court order or regulatory requirements.
Wherever possible, personal data will only be disclosed by a Fund Entity 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. Third parties to whom any personal data may be disclosed will not be permitted to use personal data for their own purposes and they will only be permitted to process personal data for specified purposes and otherwise in accordance with the instructions of the relevant Fund Entity.
Transfer of Personal Data outside the European Economic Area, the United Kingdom or the Cayman Islands
The activities of the Fund Entities and their control or processing of personal data are such that it may be necessary for personal data to be transferred and/or processed outside the European Economic Area (the "EEA"), the United Kingdom ("UK") or the Cayman Islands.
In circumstances where a Fund Entity transfers personal data outside the EEA, UK or the Cayman Islands, the relevant Fund Entity will seek to ensure a similar degree of protection is provided by ensuring that personal data is transferred only to persons in countries outside the EEA, the UK or the Cayman Islands 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, the relevant Secretary of State in the UK or the Ombudsman, as applicable.
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, the relevant Secretary of State in the UK or the Ombudsman, as applicable, and as supplemented where and if required.
In the case of the EU GDPR, to persons and undertakings based in the United States if they are part of the EU-U.S Data Privacy Framework which requires them to provide similar protection to personal data shared between the EEA and the United States.
In the case of the GDPR, on one of the conditions allowed thereunder, such as consent.
Further information on specific mechanisms utilised by Fund Entities transferring personal data outside the EEA, the UK or the Cayman Islands and the countries to which such transfer may be made (which may include, but are not limited to the Cayman Islands, the Principality of Monaco and the United States) may be obtained upon request from the Investment Manager at the contact details below.
Data Security and Retention
The Investment Manager and any other Fund Entity, as applicable, restrict access to your personal data to those employees, agents or other parties who need to know the personal data to provide services to you.
The Investment Manager and any other Fund Entity, as applicable, take reasonable steps to use physical, organisational, technical and administrative safeguards to protect personal data from unauthorised access and use. Given the nature of information security, there is no guarantee that such safeguards will always be successful.
Each Fund Entity 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 the relevant Fund Entity.
In determining the appropriate retention period for any personal data, the relevant Fund Entity 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 foregoing, the Fund Entities have determined that they will retain records for at least five years, in accordance with the rules, requirements and guidance of the United Kingdom Financial Conduct Authority and with DPL.
Details of retention periods applicable to personal data under the applicable Data Protection Laws are available upon request from the compliance officer of the Investment Manager at the contact details below. In some circumstances, a person may request that a Fund Entity delete any personal data retained by them. Further, in some circumstances, a Fund Entity may anonymize personal data for research or statistical purposes, in which case such information will no longer be linked to an individual and will not constitute personal data and may be retained and utilised indefinitely without further notice.
Should you redeem your investment in a Fund, the Investment Manager and any other Fund Entity, as applicable, will continue to adhere to the privacy policies and practices as described in this Privacy Policy Notice. The Investment Manager and any other Fund Entity, as applicable, may be required by applicable law or regulation to maintain records of your personal data even after you cease to be an investor in a Fund.
Rights of Persons
Under the applicable Data Protection Laws, persons whose data is processed and/or retained by a Fund Entity will have certain rights. These rights may 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 object to processing of personal data in certain circumstances, the right to restrict processing of personal data, the right to require a transfer of personal data and the right to withdraw any consents provided to the use of personal data.
Any person seeking to exercise any such right should contact the compliance officer of the Investment Manager at the contact details below. In certain circumstances, the relevant Fund Entity may charge reasonable fees if any such request is clearly unfounded, repetitive or excessive.
Cookies
The Management Entities may obtain information about your general internet usage by using a cookie file, which is stored on the hard drive of your computer, for the purposes of systems administration. Cookies contain information that is transferred to your computer's hard drive and help the Management Entities to improve this website and to deliver a better and more personalised service to you, including by storing information about your preferences and to recognise you when you return to this website. You may refuse to accept cookies by activating the setting on your browser, which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of this website. Unless you have adjusted your browser setting so that it will refuse cookies, the system will issue cookies when you log on to this website.
Contact Details
If you have any questions about this Privacy Policy Notice, please call the Investor Relations team at +377 9999 5030 or write to the compliance officer of the Investment Manager at [email protected].