PRIVIUM maintains appropriate technical and organisational security procedures in order to keep your personal information confidential and protect users’ personal information against the loss, misuse, unauthorised access, disclosure or alteration, in accordance with applicable data protection and privacy laws. However, PRIVIUM cannot ensure or warrant the security of any user information.
Collection and Use of Personal Information
You may browse areas of the Site that do not require entry of log-in credentials without actively entering personal information. However, certain information may be provided to PRIVIUM automatically by your web browser or application when entering or utilising the Site, including, as examples: IP addresses, other device identifiers, browser types, operating systems, access dates and times, and referring and exiting URLs.
Certain areas and services on the Site may ask you to provide information, including through completion of forms on the Site. This may include providing personal information. PRIVIUM will only use the information provided for the purpose for which it was provided or other purposes for which you give consent.
PRIVIUM may collect and use your personal information for the purposes of administering the relationship between us, marketing our products and services to you or the businesses with which you are associated, monitoring and analysing our activities, and complying with applicable legal or regulatory requirements.
PRIVIUM will use one of the permitted grounds under the applicable law to process your personal information. Such grounds include instances where you have given your consent and cases where your consent is not required under applicable law, such as where PRIVIUM is required to comply with a legal obligation, or where PRIVIUM, or a third party, determines that it is necessary for our legitimate interests to collect and use your information.
The legitimate interests to collect your personal information may include any purpose where PRIVIUM or a third party have determined that you have a reasonable expectation for PRIVIUM or a third party to collect or use your personal information for such purpose.
Also, we may collate, process and share any statistics based on an aggregation of information held by us provided that any individual is not identified from the resulting analysis and the collation, processing and dissemination of such information is permitted by law.
You have the right to object to the use of your personal information for direct marketing purposes.
What Are the Consequences of Failing to Provide Your Personal Information?
A refusal to provide PRIVIUM with personal information may, depending on the purpose for which your personal information is required, have various consequences such as PRIVIUM being unable to communicate with you, the termination of any service or other contractual arrangement between us, or, where PRIVIUM has a reasonable suspicion of illegal activity, PRIVIUM may be required to make a report to regulatory or enforcement agencies.
Sharing of Personal Information
PRIVIUM may (to the extent relevant to the purpose for which PRIVIUM collects your information), share your personal information with third parties, this may include, but is not limited to:
- Our affiliates and offices;
- Any person to whom PRIVIUM has a right or obligation to disclose your personal information, or where PRIVIUM determines that disclosure is necessary to protect or defend our rights or property, including with regulators, courts of law, governmental, regulatory or law enforcement agencies;
- Our internet, IT, telecommunications and other service providers, including legal advisers, accountants, payroll administrators, insurance and employee benefits providers and administrators;
- Any person, as directed by you; or
- Any person to whom PRIVIUM transfers any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.
Third party agents/suppliers or contractors are bound by obligations of confidentiality, in connection with the processing of your personal information for the purposes described in this Policy.
Transfers of Personal Information Across National Borders
Your personal information may be processed in countries outside the European Economic Area (“Third Country”), that may not offer the same level of data protection as that afforded by the EU General Data Protection Regulation (“GDPR”).
Where we transfer your personal information outside of the European Economic Area, we will ensure that it is protected and transferred in a manner consistent with legal requirements applicable to the information. This can be done in a number of different ways, for instance:
- the Third Country to which we send the personal information may be approved by the European Commission;
- the recipient may have signed a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal information; or
- where the recipient is located in the US, it may be a certified member of the EU-US Privacy Shield scheme.
In other circumstances, the law may permit us to otherwise transfer your personal information outside Europe. In all cases, however, any transfer of your personal information will be compliant with applicable data protection law.
How Long Does PRIVIUM Keep Your Personal Information?
PRIVIUM will ensure that the personal information that we hold is subject to appropriate security measures.
Your Rights Under the Data Protection Law
You may have certain rights under Data Protection Law in respect of the personal information PRIVIUM holds about you and which you may exercise. These rights are:
- To request access to your Information;
- To request rectification of inaccurate or incomplete Information;
- To request erasure of your Information (a “right to be forgotten”);
- To restrict the processing of your Information in certain circumstances;
- To object to our use of your Information, such as where PRIVIUM has considered such use to be necessary for our legitimate interests (e.g., in the case of direct marketing activities);
- Where relevant, to request the portability of your Information;
- Where you have given consent to the processing of your Information, to withdraw your consent; and
- To lodge a complaint with the competent supervisory authority.
PRIVIUM can, on request, tell you which data protection authority is relevant to the processing of your personal information.
How to Contact PRIVIUM
Privium Fund Management (UK) Limited
The Shard, 24th Floor
32 London Bridge Street
London SE1 9SG
Privium Fund Management B.V.
26/F Gustav Mahlerplein 3,
1082 MS Amsterdam
Privium Fund Management (HK) Limited
5th floor, Champion Tower
3 Garden Road,
Central Hong Kong
All such requests will be handled in accordance with applicable data protection and privacy laws, including the Data Protection Law.