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Influent Private Markets Limited
Data Protection Policy - Client Data

You must read this policy as it contains important information about your obligations under Data Protection Law. If there is anything in this policy that you do not understand or if you have any concerns about your obligations under this policy, please contact Daniel Roddick or Gareth Morgan.

 

Introduction

 

This Policy sets out the obligations of Ely Place Partners Limited (“the Company”) regarding data protection and the rights of clients, new prospect clients, investors, and other business contacts (“data subjects”) in respect of their personal data under Data Protection Law.

This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its consultants, partners, employees, agents, contractors, and other parties working on behalf of the Company.

 

Definitions 

 

consent

 

means the consent of the data subject which must be a freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them;

data controller

 

means the natural or legal person or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Policy, the Company is the data controller;

 

data processor” 

 

means a natural or legal person or organisation which processes personal data on behalf of a data controller;

 

data subject

 

means a living, identified, or identifiable natural person about whom the Company holds  personal data;

EEA

 

means the European Economic Area, consisting of all EU Member States, Iceland, Liechtenstein, and Norway;

personal data

 

means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that data subject; 

personal data breach

 

means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed;

processing

 

means any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

pseudonymisation

 

means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person; and

special category personal data

 

means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual life, sexual orientation, biometric, or genetic data.

 

Scope

This policy applies to the personal information of all clients, new prospect clients,

investors, and other business contacts.

The Company places high importance on the correct, lawful, and fair handling of all

personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.

All consultants, partners and senior team members are responsible for ensuring that all junior 

team members, employees, agents, contractors, or other parties working on behalf of the Company comply with this Policy and, where applicable, must implement such practices, processes and controls as are reasonably necessary to ensure such compliance.

Any questions relating to this Policy or to Data Protection Law should be referred to Daniel 

Roddick. In particular, Daniel Roddick should always be consulted in the following cases:

 

if there is any uncertainty relating to the lawful basis on which personal data is to be collected, held, and/or processed;

if consent is being relied upon in order to collect, hold, and/or process personal data; 

if there is any uncertainty relating to the retention period for any particular type(s) of personal data; 

if any new or amended privacy notices or similar privacy-related documentation are required;

if any assistance is required in dealing with the exercise of a data subject’s rights (including, but not limited to, the handling of subject access requests);

if a personal data breach (suspected or actual) has occurred;

if there is any uncertainty relating to security measures (whether technical or organisational) required to protect personal data;

if personal data is to be shared with third parties (whether such third parties are acting as data controllers or data processors);

if personal data is to be transferred outside of the EEA and there are questions relating to the legal basis on which to do so;

when any significant new processing activity is to be carried out, or significant changes are to be made to existing processing activities, which will require a Data Protection Impact Assessment; 

when personal data is to be used for purposes different to those for which it was originally collected;

if any automated processing, including profiling or automated decision-making, is to be carried out; or

if any assistance is required in complying with the law applicable to direct marketing.

 

The Data Protection Principles

This Policy aims to ensure compliance with Data Protection Law. The GDPR sets out the following principles with which any party handling personal data must comply. Data controllers are responsible for, and must be able to demonstrate, such compliance. All personal data must be:

processed lawfully, fairly, and in a transparent manner in relation to the data subject;

collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes; 

adequate, relevant, and limited to what is necessary in relation to the purposes for which it is

processed;

accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay;

kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of the data subject;

processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.

 

The Rights of Data Subjects

The GDPR sets out the following key rights applicable to data subjects:

The right to be informed;

the right of access;

the right to rectification;

the right to erasure (also known as the ‘right to be forgotten’);

the right to restrict processing;

the right to data portability;

the right to object; and

rights with respect to automated decision-making and profiling.

 

Lawful, Fair, and Transparent Data Processing

Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the GDPR states that processing of personal data shall be lawful if at least one of the following applies:

the data subject has given consent to the processing of their personal data for one or more specific purposes;

the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract;

the processing is necessary for compliance with a legal obligation to which the data controller is subject;

the processing is necessary to protect the vital interests of the data subject or of another natural person;

the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or 

the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

If the personal data in question is special category personal data (also known as “sensitive

personal data”), at least one of the following conditions must be met:

the data subject has given their explicit consent to the processing of such data for one or more specified purposes (unless the law prohibits them from doing so);

the processing is necessary for the purpose of carrying out the obligations and exercising specific rights of the data controller or of the data subject in the field of employment, social security, and social protection law (insofar as it is authorised by law or a collective agreement pursuant to law which provides for appropriate safeguards for the fundamental rights and interests of the data subject);

the processing is necessary to protect the vital interests of the data subject or of another

natural person where the data subject is physically or legally incapable of giving consent;

the data controller is a foundation, association, or other non-profit body with a political,

philosophical, religious, or trade union aim, and the processing is carried out in the course of

its legitimate activities, provided that the processing relates solely to the members or former

members of that body or to persons who have regular contact with it in connection with its

purposes and that the personal data is not disclosed outside the body without the consent of

the data subjects;

the processing relates to personal data which is manifestly made public by the data subject;

the processing is necessary for the conduct of legal claims or whenever courts are acting in

their judicial capacity;

the processing is necessary for substantial public interest reasons, on the basis of the law which shall be proportionate to the aim pursued, shall respect the essence of the right to data protection, and shall provide for suitable and specific measures to safeguard the fundamental

rights and interests of the data subject;

the processing is necessary for the purposes of preventative or occupational medicine, for

the assessment of the working capacity of an employee, for medical diagnosis, for the provision of health or social care or treatment, or the management of health or social care systems or services on the basis of the law or pursuant to a contract with a health professional, subject to the conditions and safeguards referred to in Article 9(3) of the GDPR;

the processing is necessary for public interest reasons in the area of public health, for example, protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis the law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject (in particular, professional secrecy); or

the processing is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) of the GDPR based on law which shall be proportionate to the aim pursued, respect the essence of the right to data protection, and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

 

Consent

If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:

Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action. Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent. 

Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters.

Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly.

If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to the data subject when they first provided their consent, consent to the new purpose or purposes may need to be obtained from the data subject.

If special category personal data is processed, the Company shall normally rely on a lawful basis other than explicit consent. If explicit consent is relied upon, the data subject in question must be issued with a suitable privacy notice in order to capture their consent.

In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Company can demonstrate its compliance with consent requirements.

 

Specified, Explicit, and Legitimate Purposes

The Company collects and processes:

personal data collected directly from data subjects and

personal data obtained from third parties.

Data subjects must be kept informed at all times of the purpose or purposes for which the

Company uses their personal data.

 

Adequate, Relevant, and Limited Data Processing

The Company will only collect and process personal data for and to the extent necessary for

the specific purpose or purposes of which data subjects have been informed (or will be informed).

Consultants, partners, employees, agents, contractors, or other parties working on behalf of the Company may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected.

Consultants, partners, employees, agents, contractors, or other parties working on behalf of the Company may process personal data only when the performance of their job duties requires it. Personal data held by the Company cannot be processed for any unrelated reasons.

 

Accuracy of Data and Keeping Data Up to Date

The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up to date.

The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.

 

Data Retention

The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.

When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.

 

Secure Processing

The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage.

All technical and organisational measures taken to protect personal data shall be regularly reviewed and evaluated to ensure their ongoing effectiveness and the continued security of personal data.

Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows:

only those with a genuine need to access and use personal data and who are authorised to do so may access and use it;

personal data must be accurate and suitable for the purpose or purposes for which it is collected, held, and processed; and

authorised users must always be able to access the personal data as required for the authorised purpose or purposes.

 

Keeping Data Subjects Informed

The Company shall provide the information set out in Part 13.2 to every data subject:

where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and

where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose:

if the personal data is used to communicate with the data subject, when the first communication is made; or

if the personal data is to be transferred to another party, before that transfer is made; or 

as soon as reasonably possible and in any event not more than one month after the personal data is obtained.

Data subjects shall be provided with information in the form of a Privacy Notice outlining their rights and the Company’s obligations relating to the data which the Company holds on them as required by the GDPR. This Privacy Notice is to be found on the company website.

 

Data Subject Access

Data subjects may make subject access requests (“SARs”) at any time to find out more about the personal data which the Company holds about them, what it is doing with that personal data, and why.

Responses to SARs must normally be made within one month of receipt, however, this may be extended by up to two months if the SAR is complex and/or numerous requests are made. If such additional time is required, the data subject shall be informed.

All SARs received must be forwarded immediately to Daniel Roddick who will be responsible for dealing with them.

The Company does not charge a fee for the handling of normal SARs. The Company reserves the right to charge reasonable fees for additional copies of information that has already been supplied to a data subject, and for requests that are manifestly unfounded or excessive, particularly where such requests are repetitive.

 

Rectification of Personal Data

Data subjects have the right to require the Company to rectify any of their personal data that is inaccurate or incomplete.

The Company shall rectify the personal data in question, and inform the data subject of that rectification, within one month of the data subject informing the Company of the issue. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of any rectification that must be made to that personal data.

 

Erasure of Personal Data

Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances:

 

it is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;

the data subject wishes to withdraw their consent to the Company holding and processing their personal data;

the data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so);

the personal data has been processed unlawfully; or

the personal data needs to be erased in order for the Company to comply with a particular legal obligation.

 

Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.

In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).

 

Restriction of Personal Data Processing

Data subjects may request that the Company ceases processing the personal data it holds about them. If a data subject makes such a request, the Company shall retain only the amount of personal data concerning that data subject (if any) that is necessary to ensure that the personal data in question is not processed further.

In the event that any affected personal data has been disclosed to third parties, those parties shall be informed of the applicable restrictions on processing it (unless it is impossible or would require disproportionate effort to do so).

 

Objections to Personal Data Processing

Data subjects have the right to object to the Company processing their personal data based on legitimate interests.

Where a data subject objects to the Company processing their personal data based on its legitimate interests, the Company shall cease such processing immediately, unless it can be demonstrated that the Company’s legitimate grounds for such processing override the data subject’s interests, rights, and freedoms, or that the processing is necessary for the conduct

of legal claims.

Where a data subject objects to the Company processing their personal data for direct marketing purposes, the Company shall cease such processing promptly.

 

Direct Marketing

The prior consent of data subjects is required for electronic direct marketing including email, text messaging, and automated telephone calls subject to the following limited exception:

The Company may send marketing text messages or emails to a customer provided that that customer’s contact details have been obtained in the course of a sale, the marketing relates to similar products or services, and the customer in question has been given the opportunity to opt-out of marketing when their details were first collected and in every subsequent communication from the Company.

The right to object to direct marketing shall be explicitly offered to data subjects in a clear and intelligible manner and must be kept separate from other information in order to preserve

its clarity.

If a data subject objects to direct marketing, their request must be complied with promptly. A

limited amount of personal data may be retained in such circumstances to the extent required to ensure that the data subject’s marketing preferences continue to be complied

with.

 

Data Security - Storage

The Company shall ensure that the following measures are taken with respect to the

storage of personal data:

All electronic copies of personal data should be stored securely using passwords;

All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely.

 

Data Security - Disposal

When any personal data is to be erased or otherwise disposed of for any reason

(including where copies have been made and are no longer needed), it should be

securely deleted and disposed of.

 

Data Security - Use of Personal Data

The Company shall ensure that the following measures are taken with respect to the

use of personal data:

No personal data may be shared informally and if a consultant, partner, employee, agent, contractor, or other party working on behalf of the Company requires access to any personal data that they do not already have access to, such access should be formally requested from Daniel Roddick;

Personal data must be handled with care at all times and should not be left unattended or on view to unauthorised persons at any time;

If personal data is being viewed on a computer screen and the computer in question is to be left unattended for any period of time, the user must lock the computer and screen before leaving it;

 

Data Security - IT Security

The Company shall ensure that the following measures are taken with respect to IT

and information security:

All passwords used to protect personal data should be changed regularly and should not use words or phrases that can be easily guessed or otherwise compromised.

Under no circumstances should any passwords be written down or shared between any consultants, partners, employees, agents, contractors, or other parties working on behalf of the Company, irrespective of seniority or department. If a password is forgotten, it must be reset using the applicable method.

All software (including, but not limited to, applications and operating systems) shall be kept up to date.

 

Organisational Measures

The Company shall ensure that the following measures are taken with respect to the

collection, holding, and processing of personal data:

All consultants, partners, employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under Data Protection Law and under this Policy, and shall be provided with a copy of this Policy;

All sharing of personal data shall comply with the information provided to the relevant data subjects and, if required, the consent of such data subjects shall be obtained prior to the sharing of their personal data;

All consultants, partners, employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;

All consultants, partners, employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of Data Protection Law and this Policy by contract;

All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and Data Protection Law;

Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure;

 

Transferring Personal Data to a Country Outside the UK

The Company may from time to time transfer (‘transfer’ includes making available remotely) personal data to countries outside of the UK.

The transfer of personal data to a country outside of the UK shall take place only if one or more of the following applies:

  1. The UK has issued regulations confirming that the country in question ensures an adequate level of protection (referred to as ‘adequacy decisions’ or ‘adequacy regulations’).

  2. Appropriate safeguards are in place including binding corporate rules, standard contractual clauses approved for use in the UK (this includes those adopted by the European Commission prior to 1 January 2021), an approved code of conduct, or an approved certification mechanism.

  3. The transfer is made with the informed and explicit consent of the relevant data subject(s);

  4. The transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject);

  5. The transfer is necessary for important public interest reasons;

  6. The transfer is necessary for the conduct of legal claims;

  7. The transfer is necessary to protect the vital interests of the data subject or other individuals where the data subject is physically or legally unable to give their consent; or

  8. The transfer is made from a register that, under UK law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.

 

Data Breach Notification

All personal data breaches must be reported immediately to Daniel Roddick.

If a consultant, partner, employee, agent, contractor, or other party working on behalf of the Company becomes aware of or suspects that a personal data breach has occurred, they must not attempt to investigate it themselves. Any and all evidence relating to the personal data breach in question should be carefully retained.

If a personal data breach occurs and that breach is likely to result in a risk to the rights and freedoms of data subjects (e.g. financial loss, breach of confidentiality, discrimination, reputational damage, or other significant social or economic damage), the Company must ensure that the Information Commissioner’s Office is informed of the breach without delay, and in any event, within 72 hours after having become aware of it.

In the event that a personal data breach is likely to result in a high risk (that is, a higher risk than that described under Part 26.3) to the rights and freedoms of data subjects, the Company must ensure that all affected data subjects are informed of the breach directly and without undue delay.

Data breach notifications shall include the following information:

  1.  The categories and approximate number of data subjects concerned;

  2. The categories and approximate number of personal data records concerned;

  3. The name and contact details of the Company’;

  4. The likely consequences of the breach;

  5. Details of the measures taken, or proposed to be taken, by the Company to address the breach including, where appropriate, measures to mitigate its possible adverse effects.

 

Implementation of Policy

This Policy shall be deemed effective as of 1st January 2024.

This Policy has been approved and authorised by:

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