GHO Capital Partners LLP
Privacy Notice to Investors
- About this notice
This notice (the “Privacy Notice”) describes how GHO Capital Partners LLP and its affiliated entities (“the Firm”, “we”, “us”, “our”) collect, access, use, store, disclose and otherwise process personal data relating to existing, prospective and former investors in each of the private investment partnerships managed directly or indirectly by the Firm (“the Funds”). We are committed to respecting the confidentiality of personal data and will process investors’ personal data in accordance with applicable data protection laws. For the purposes of this Privacy Notice, any information or data that relates to you, or from which you can be identified, is known as “personal data”.
Where an applicant for or investor in the Funds is an institutional investor, the Firm will process personal data about the directors, officers and ultimate beneficial owners of that institution. This Privacy Notice also explains how the Firm processes personal data about individual investors, and “you” is used in this Privacy Notice to refer to any of these people.
This Privacy Notice was last updated on 9 March 2021.
- About us
We are GHO Capital Partners LLP (company number 0C389512), registered at 21 St. James’s Square, London, SW1Y 4JZ. For the purposes of data protection legislation, we will be a controller of your personal data.
- Contacting us
Should you have any questions or concerns about this Privacy Notice or our processing of your personal data, please write to us at the address listed above or contact Investor Relations at firstname.lastname@example.org.
- Personal data we collect
We collect and process or otherwise verify some or all of the following types of personal data when you interact with the Firm for the purposes described in this Privacy Notice:
- Contact information, such as your name, address, email and telephone number.
- Employment information, such as your job title, place of work, compensation and work history.
- Identification information, such as your signature, date of birth, national insurance or social security number, driver’s licence, passport and other government identification and/or numbers.
- Background information, such as information needed for or revealed in know-your-customer, fraud, terrorist financing, sanctions and anti-money laundering checks, investor due diligence, accreditation and consents.
- Financial information and account history, such as information about your assets, income, net worth, amounts and types of investments, profit and loss allocations, capital account balances, capital commitments and contributions, withdrawals, redemptions, subscriptions, account data, other investment participation information, funds transfer information, beneficiaries, positions, percentages of fund, share or option numbers and values, vesting information, investment history, and transaction and tax information.
We collect the personal data referred to above from the following sources:
- Personal data provided through forms completed by you or on your behalf, such as subscription and partnership agreements, investor questionnaires, applications and other forms.
- Personal data provided by your or your employer, financial intermediary and/or designated representative in correspondence with us, including by letter, email and telephone.
- Your transactions with the Firm and other parties in relation to the Funds and our services.
- Personal data we receive from consumer reporting agencies, investment brokers, public databases, our service providers and other sources we engage in connection with conducting due diligence, know-your-customer, anti-money laundering and other checks required to be performed in relation to the Funds and our services.
- Our website, including registration information and any information captured via cookies.
- Our legal basis for collecting and using your personal data
The Firm will use your personal data for the purpose or purposes for which we collected or received it, unless we reasonably consider that we need to use the personal data for another reason that is compatible with the original purpose or we have another legal basis to do so.
We collect and process your personal data:
- Where required by applicable laws and regulations, including laws relating to know-your-customer requirements, tax and the prevention of money laundering, fraud and terrorist financing which require the Firm to screen information about investors against sanctions lists. This may involve disclosing personal data to regulators, government bodies and tax authorities where required by applicable laws and regulations (for example, the U.S. Foreign Account Tax Compliance Act and associated inter-governmental agreements and the EU Directive 2014/107/EU on the automatic exchange of information in the field of taxation).
- Where necessary for the Firm to enter into or perform a contract with you, or to take steps at your request prior to entering into a contract – for example, to process your subscription application, provide information you have requested, create and administer your account, administer your investments, maintain shareholders’ registers and communicate with you about your investments.
- Where necessary for the Firm’s legitimate interests or the legitimate interests of another person, unless your interests outweigh these interests – for example, to operate and facilitate our business and services, undertake business management, planning, statistical analysis, market research and marketing activities, administer and maintain the Firm’s core records, protect our rights and interests, ensure the security of the Firm’s assets, systems and networks, prevent, detect and investigate fraud, unlawful or criminal activities in relation to our services and enforce our terms and conditions.
- Where necessary for the establishment, exercise or defence of legal or regulatory claims.
In some cases, the Firm relies on your consent to process your personal data. For example, we may do so to send electronic direct marketing to you. We will only rely on your consent where we have specifically asked for it and, in each case, you will have the right to withdraw your consent at any time. When we approach you for your written consent to allow us to process certain specific personal data, we will provide you with full details at the time we request your consent. You have the right to withdraw any consent you provide and doing so will not affect the legality of the processing of your data prior to that point. If you decline to provide or withdraw your consent to our use of your personal data and, under applicable law, we are relying on consent on the legal basis for its processing, there may be circumstances in which we will not be able to provide you with access to the Funds or our services or otherwise take action on your behalf.
Where we require personal data to comply with our legal or contractual obligations, the provision of this personal data is mandatory. If it is not provided, we will not be able to provide access to the Funds or our services or otherwise meet the obligations placed on us. In all other cases, the provision of the personal data that we request is optional.
- Sharing your personal data
The Firm will disclose your personal data to third parties in the context of your investment in the Funds and the provision of our services, including to our affiliates for purposes and uses that are consistent with this Privacy Notice. We may also share your personal data:
- With service providers who, on our behalf or for your benefit, provide services to the Firm or have a reasonable need to receive the personal data in connection with the conduct of our business, including our lawyers, auditors, regulatory and tax advisers, custodians and broker-dealers, and with entities and individuals otherwise acting in a representative or fiduciary capacity on behalf of investors or the Funds.
- With prospective lenders to, or other creditors of, a Fund or a portfolio company in which a Fund has or is considering investing, in connection with the making, management or disposition of any Fund investment, or as otherwise necessary to effect, administer or enforce investor or Fund transactions. Among other activities, the Funds may also share information with their service providers, lawyers, accountants, custodians and broker-dealers, and with persons otherwise acting in a representative or fiduciary capacity on behalf of investors or the Funds.
- As required by applicable law and regulations and to legal or government regulatory authorities as required in connection with legal or regulatory matters, including in connection with background screening, claims, disputes or litigation, or if we determine that disclosure is necessary to enforce our legal rights or contractual commitments.
- In connection with a corporate business transaction such as a merger, acquisition, joint venture or financing of the Firm’s assets, or if one or more of the Funds are sold or transferred to a third party or if there is a change in any advisory to a Fund.
- Third parties to which you or your designated representatives request or authorise us to disclose your personal data.
- Where we store your personal data
The Firm stores your personal data in the United Kingdom (“UK”) and the European Economic Area (“EEA”). However, your personal data may also be transferred to and processed in Jersey, the Cayman Islands and the United States of America, where our support and management services and affiliates are based. The laws of some of these countries may not offer the same standard of protection for personal data as the UK and EEA. To the extent required by applicable data protection law, we rely on appropriate or suitable safeguards in respect of international transfers of your personal data, including:
- Using standard contractual clauses approved by relevant authorities as ensuring adequate safeguards.
- Using a third party’s binding corporate rules.
- Obtaining your consent to transfer personal data after informing you about the possible risks of the transfer.
- When the transfer is necessary for the performance of a contract between you and the Firm, or the transfer is necessary for the performance of a contract between the Firm and a third party, and the contract was entered into in your interest.
- When the transfer is necessary to establish, exercise or defend legal claims.
Please contact us using the details above if you would like more information on the specific mechanism we use when transferring your personal data.
- Keeping your personal data
We will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Notice, subject to your rights, under certain circumstances, to have your data erased. The Firm may be required by law to hold certain personal data for specific periods. In other cases, we will retain your personal data for an appropriate period after our relationship ends to protect ourselves from legal claims or to administer our business.
When deciding how long to retain your personal data, we take into account our legal and regulatory obligations, the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process the personal data and whether we can achieve those purposes through other means. We may also retain your personal data to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.
- Your rights
9.1 Your rights in relation to your personal data
Under certain circumstances, you have the right to:
- Request access to your personal data that we are processing. This enables you to request a copy of the personal data we hold about you and to check that we are processing it lawfully.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no legitimate reason or legal requirement for us continuing to process it.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party). You also have the right to object at any time to our use of your personal data for direct marketing.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data – for example, you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to another party in a machine-readable, commonly used and structured format. This right will apply where we process personal data based on your consent or where the processing is necessary for the performance of a contract between us.
- Withdraw consent at any time if we are processing your personal data based on your consent.
These rights are not absolute and each is subject to certain exceptions or qualifications. For example, if you wish to withdraw your consent or object to processing, we may need to determine whether our use of your personal data needs to continue for other lawful purposes, such as fulfilment of a legal or contractual requirement.
We will respond to your request within one month of receipt of your request. In some cases, we may not be able to fulfil your request to exercise the right before this date and may need to request more time. Where we cannot provide a full response to you for any reason, we will let you know about this in our initial reply to your request.
9.2 Your duty to inform us of changes
It is important that we maintain accurate records of key information about you. Please notify us of any significant changes in your personal circumstances as soon as they occur (for example, a change of name or updated contact information). From time to time, we may also ask you to complete a new personal data form to ensure that our records are up to date.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights described above). In some cases, we may charge a reasonable fee if your request is clearly unfounded or excessive (for example, if you request multiple copies of the personal data). Alternatively, we may refuse to comply with the request in such circumstances.
9.4 What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of the other rights described above). We have this security measure in place to ensure that personal data is not disclosed to any person who has no right to receive it.
9.5 Right to complain
If you wish to request further information about any of the above rights, or if you are unhappy with how we have handled your personal data, please contact us using the details above. If you are not satisfied with our response, you have the right to lodge a complaint with your competent data protection regulator. However, we would appreciate the opportunity to address your concerns before you do this, so please contact us in the first instance. The data protection regulator in the UK is the Information Commissioner’s Office, which can be contacted at https://ico.org.uk/global/contact-us/ or 0303 123 1113.
- Links to other websites
Links on our website may take you to third party sites over which we have no control. While such links are provided for your convenience, you should be aware that the personal data handling practices of the linked websites might not be the same as ours. You should review any privacy notices on those linked websites. We are not responsible for any linked websites.
- Changes to our Privacy Notice
We keep this Privacy Notice under review and reserve the right, at our discretion, to change, modify, add to or remove portions from it, and we will update the date above accordingly. On some occasions, we may also actively advise you of specific personal data handling activities or significant changes to this Privacy Notice where we are required to do so by applicable law.