This privacy notice describes how the personal data provided in respect of Spadea HoldingsLimited are used, stored, transferred or otherwise processed, and other matters relating to it. This may relate to you if you are an individual or to your individual representatives if you are a body corporate. This notice also contains information about rights in relation to personal data.
Charles Gomez (Compliance Director) is responsible for overseeing compliance with this privacy notice. Any questions about the contents of this privacy notice or how personal data will be used, stored, or transferred, should be sent to Charles Gomez at Spadea Holdings Limited 2nd Floor, The West Wing, Montarik House, 3 Bedlam Court, Gibraltar GX11 1AA.
2. Responsibility for personal data
This privacy notice is provided on behalf of: Spadea holdings Limited and each of its respective group companies (together the Spadea Holdings entities).
When personal data is provided to us, Spadea will, in relation to some or all of the personal data, be acting as a "data controller". The data controller determines how the personal data is used and for what purposes.
3. The data we collect
The types of personal data we collect, and share depends on the nature of the contract. The types of information which we may collect include:
(a) Name, address and other contact information.
(b) Information about your date of birth, place of birth, passport details or other national identifier, national insurance or social security number and information about your family.
(c) Information regarding bank account details, assets, income, employment, source of funds, investment history and risk tolerance.
4. How we use personal data
We require personal information for several reasons, including:
(a) For compliance with applicable legal or regulatory obligations to:
Verify the identity and addresses of our counter parties, directors, employees and contractors and, if applicable, any beneficial owners and individual representatives.
Undertake our due diligence and checks.
Carry out verification, KYC, terrorist financing and anti-money-laundering checks and to ensure compliance with sanctions.
Comply with requests from regulatory, governmental, tax and law enforcement authorities [including, without limitation, with respect to compliance with the US Foreign Account Tax Compliance Act (“FATCA”) and the OECD common reporting standard (“CRS”) or any legislation, regulations or guidance enacted in any jurisdiction that seeks to implement a similar tax reporting or withholding tax regime].
Undertake investigation, surveillance and audit checks and to prevent and detect fraud.
Maintain statutory registers.
(b) In order to perform our contract with co-invested parties so that we can:
Establish, administer and manage investments.
Meet our contractual obligations.
Facilitate the relationship between them and the Fund.
(c) For our legitimate interests or for those of a third party to enable us to:
Administer and manage investments including corresponding with co-investors in connection with investments.
Review, analyse and process requests or transactions
Address or investigate any complaints, claims, proceedings or disputes and to seek professional advice, including legal advice.
Meeting our obligations and requirements including, accounting, tax reporting and audit.
Ensure appropriate management and governance, management of risk and operations (including protecting our business against fraud and other risks) and to maintain our internal records and act in accordance with our policies and procedures.
5. Consequences of not providing personal data
We require personal information in respect of the Funds to be able to comply with our legal and regulatory obligations and to operate the relevant Fund. Accordingly, if personal data required is not provided, an investor or prospective investor may not be able to invest in a Fund and we may not be able to manage your investment.
6. Disclosure to third parties
In relation to personal data affiliated entities to which personal data may be transferred include:
Managers, advisers and administrators in connection with the management of investments, the administration of investment related activities and to enable compliance with applicable laws and regulations.
Tax authorities to comply with applicable laws and regulations or where requested by such tax authority (including authorities outside of the European Economic Area (EEA)).
Service providers and our professional advisers to facilitate investments, provide investment related services and to provide us with relevant legal advice.
There may also be circumstances where Spadea Holdings Limited is obliged by law to disclose personal data, including to law enforcement agencies.
7. Location of personal data
It may be necessary for Spadea Holdings Limited or associated third parties to effect cross-border transfers of personal data, including to the United States of America and to countries outside the EEA. In some cases, personal data may be transferred to jurisdictions outside ofGibraltar and the EEA that are not deemed to have data protection frameworks that are equivalent to those of the EEA. Such transfers may be to governmental, regulatory or judicial authorities, auditors, legal advisors or agents as well as to sub-contractors engaged by Spadea Holdings Limited. In these circumstances we will seek to put appropriate safeguards in place to maintain the security of your data.
8. Retention of your data
Spadea Holdings Limited and those third parties to whom personal data is transferred will retain that data as long as is necessary for the purposes set out above.
9. Individual rights
Individuals whose personal data is processed by us have certain legal rights in respect of the information. These include:
The right to request access to personal data.
The right to obtain information about the use of personal data.
The right to require rectification (correction) of errors in personal data without undue delay.
The right to have personal data erased without undue delay in certain circumstances.
The right to restrict the processing of personal data in certain situations.
The right to receive personal data in a structured, commonly used and machine-readable format and transmit that data to a third party.
If an individual wishes to exercise any of these rights and Spadea Holdings Limited has transferred that person’s data to a third party, Spadea Holdings Limited will communicate that request to the relevant third party unless it would be impossible or involve disproportionate effort for Spadea Holdings Limited to do so.
10. Right to withdraw consent
In the limited circumstances where the individual may have provided their consent to the collection, processing and transfer of personal information for a specific purpose, the individual has the right to withdraw consent for that specific processing at any time.
To withdraw consent, please contact Charles Gomez. Once we have received notification that the individual has withdrawn consent, we will no longer process information for the purpose or purposes that the individual originally agreed to, unless we have another legitimate basis for doing so in law.
11. Updates
This notice is under regular review and may be updated periodically and without prior notice to reflect changes in Spadea Holdings Limited's personal information practices.
12. Concerns or Queries
Any questions about the contents of this notice or Spadea Holdings Limited’s use of personal data should be addressed to Charles Gomez at Spadea Holdings Limited 2nd Floor,The West Wing, Montarik House, 3 Bedlam Court, Gibraltar GX11 1AA.
Issues or concerns individuals have regarding their personal data can also be brought to the attention of the applicable supervisory authority in your country, where you live or work, or the location where the data protection issue arose.
