Identity of the Data Controller
This notice (this “Privacy Notice”) is provided by Gardena Capital Ltd (“Gardena”), of 81 Wimpole Street, London, W1G 9RE. It is being provided in accordance with the requirements of data privacy laws, including GDPR, the U.S. Gramm-Leach-Bliley Act of 1999, as amended, and any other law relating to privacy or the processing of personal data and any statutory instrument, order, rule or regulation implemented thereunder, each as applicable to Gardena (collectively, “Data Protection Law”). References to “you” or a “Director” or an “Investor” in this Privacy Notice mean any Director or Investor who is an individual, or any individual connected with a Director or Investor who is a legal person (each such individual, a “data subject”), as applicable. As the delegated portfolio manager of the Gardena Alternative ICAV, including the Gardena Bond Absolute Return Fund; the Gardena Hidden Assets Arbitrage Fund; and the Gardena Euro Govies Fund (collectively, “the Funds”), Gardena is a controller of your personal data. This Privacy Notice sets forth our policies for the collection, use, storage, sharing, disclosure (collectively, “processing”) and protection of personal data relating to the Directors and Investors of the Funds.
The categories of personal information that we may hold include
The categories of personal data we may hold include names, residential addresses or other contact details, signature, nationality, place of birth, tax identification number, date of birth, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, source of funds details or other sensitive information, such as certain special categories of data contained in the relevant materials or documents.
Collecting and storing this information
We collect personal data about you from third parties to whom you have provided this information, such as the Fund Administrator or Management Company, as applicable. We may also obtain information from publicly accessible databases or registers, or other publicly accessible sources, such as the Internet or from recording and monitoring of telephone conversations and electronic communications with you, as detailed below.
The lawful basis on which we process this information
We may process your personal data for the purposes of administering the relationship between you and us, that is, in fulfilling our contractual duties as delegated portfolio manager of the Funds with respect to communications and reporting, and complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities with competent jurisdiction over our business). Your personal data will be processed in accordance with Data Protection Law and may be processed with your consent, upon your instruction, or for any of the purposes set out herein, including where we or a third-party consider there to be any other lawful purpose to do so.
Where personal data is required to satisfy a statutory obligation (including compliance with applicable anti-money laundering or sanctions requirements) or a contractual requirement, failure to provide such information may result in your subscription in the applicable Fund being rejected or compulsorily redeemed or withdrawn, as applicable. Where there is suspicion of unlawful activity, failure to provide personal data may result in the submission of a report to the relevant law enforcement agency or supervisory authority.
Who we share this information with and why
We may disclose information about you to our affiliates or third parties, including the executing brokers and trading counterparties to the funds for our everyday business purposes, such as to facilitate transactions or respond to court orders and legal investigations. It may also be necessary, under anti-money laundering and similar laws, to disclose information about the Fund’s directors or shareholders in order to facilitate the establishment of trading relationships for the Funds with executing brokers or other trading counterparties. We will also release information about you if you direct us to do so. We do not share your information with non-affiliates for them to market to you.
Monitoring of communications
We may record and monitor telephone conversations and electronic communications with you for the purposes of: (i) ascertaining the details of instructions given, the terms on which any transaction was executed or any other relevant circumstances; (ii) ensuring compliance with our regulatory obligations; and/or (iii) detecting and preventing the commission of financial crime.
Retention periods and security measures
We will not retain personal data for longer than is necessary in relation to the purpose for which it is collected, subject to Data Protection Law. Personal data will be retained for the duration of your directorship of the Fund and/or your investment in the Funds, where applicable, and for a minimum period of five to seven years after the termination of your directorship and/or a redemption of an investment from the Funds, where applicable, or liquidation of a Fund. We may retain personal data for a longer period for the purpose of marketing our products and services or compliance with applicable law. From time to time, we will review the purpose for which personal data has been collected and decide whether to retain it or to delete if it no longer serves any purpose to us.
To protect your personal information from unauthorized access and use, we apply organisational and technical security measures in accordance with Data Protection Law. These measures include computer safeguards and secured files and buildings. We will notify you of any material personal data breaches affecting you in accordance with the requirements of Data Protection Law.
Because of the international nature of a fund management business, personal data may be transferred to countries outside the EEA (“Third Countries”), such as to jurisdictions where we conduct business or have a service provider, including countries that may not have the same level of data protection as that afforded by the Data Protection Law in the EEA. In such cases, we will process personal data (or procure that it be processed) in the Third Countries in accordance with the requirements of the Data Protection Law, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf in such Third Countries.
Your rights under Data Protection Law
Under data protection legislation, you have the right to request access to information about you that we hold. To make a request for your personal information, contact Niki Lynn at firstname.lastname@example.org.
You also have the right to:
object to processing of personal data that is likely to cause, or is causing, damage or distress;
prevent processing for the purpose of direct marketing;
object to decisions being taken by automated means;
in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
claim compensation for damages caused by a breach of the Data Protection regulations.
Should you visit our website, we may use traffic log cookies to identify which pages on our website are being used. This helps us analyse data about web page traffic and improve our Website by tailoring it to the needs of users. We only use this information for statistical analysis purposes. A cookie is a small file which asks permission to be placed on your computer. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular website. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Overall, cookies help us provide a better Website by enabling us to monitor which pages users find useful and which they don’t. A cookie does not give us access to a user’s computer or any information about them, other than the data they choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, this may prevent you from taking full advantage of the Website.
For further details on cookies and how to manage them, we recommend that you visit the All About Cookies website.
Complaining to supervisory authorities
If you have a concern about the way we are collecting or using your personal data, you are welcome to raise your concern with us in the first instance. Alternatively, a complaint in respect of the portfolio manager may be made to the Information Commissioner’s Office in the United Kingdom https://ico.org.uk/concerns/.
Who to contact about this Privacy Notice
Any questions in relation to your personal data should be directed to Niki Lynn by emailing email@example.com or by writing to us at 1 Knightsbridge Green, London, SW1X 7QN.