This EU Privacy Notice (this “EU Privacy Notice”) applies to the extent that EU Data Protection Legislation (as defined below) applies to the processing of personal data by an Authorized Entity (as defined below) or to the extent that a data subject is a resident of the United Kingdom (the “UK”), the European Union (the “EU”) or the European Economic Area (the “EEA”). If this EU Privacy Notice applies, the data subject has certain rights with respect to such personal data, as outlined below.
For this EU Privacy Notice, “EU Data Protection Legislation” means all applicable legislation and regulations relating to the protection of personal data in force from time to time in the EU, the EEA or the UK, including the following: the Data Protection Directive (95/46/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection (Processing of Sensitive Personal Data) Order 2000, any other legislation that implements any other current or future legal act of the EU concerning the protection and processing of personal data (including Regulation (EU) 2016/679 (the General Data Protection Regulation) and any national implementing or successor legislation) and any amendment or re-enactment of the foregoing. The terms “data controller”, “data processor”, “data subject”, “personal data” and “processing” in this EU Privacy Notice shall be interpreted in accordance with the applicable EU Data Protection Legislation. Unless the context otherwise requires, as used here in the words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. All references to “investor(s)” in this EU Privacy Notice shall be to such actual or potential investor(s) and, as applicable, any of such investor(s)’ partners, officers, directors, employees, shareholders, members, managers, ultimate beneficial owners and affiliates.
Please direct any questions arising out of this EU Privacy Notice to Dunes Point Capital at legal@dunespointcapital.com.
Categories of personal data collected and lawful bases for processing
In connection with Dunes Point Capital and its respective administrators, legal and other advisors and agents (the “Authorized Entities”) may collect, record, store, adapt and otherwise process and use your personal data, including from the following sources:
- (a) information received in telephone conversations, in voicemails, through written correspondence, via email or on subscription agreements, investor questionnaires, applications or other forms (including any anti-money laundering, identification and verification documentation);
- (b) information about transactions with any Authorized Entity or other person or entity;
- (c) information captured on any Authorized Entity’s website, fund data room and/or investor reporting portal (as applicable) including registration information and any information provided through online forms and any information captured via “cookies”;
- (d) information from publicly available sources, including from:
- publicly available and accessible directories and sources;
- bankruptcy registers;
- tax authorities, including those that are based outside the UK and the EEA if the applicable data subject is subject to tax in another jurisdiction;
- governmental and competent regulatory authorities to whom any Authorized Entity has regulatory obligations;
- credit agencies;
- fraud prevention and detection agencies and organizations.
Any Authorized Entity may process the following categories of personal data:
- (a) names, dates of birth and birth place;
- (b) contact details and professional addresses (including physical addresses, email addresses and telephone numbers);
- (c) account data and other information contained in any document provided by investors to the Authorized Entities (whether directly or indirectly);
- (d) information regarding your use of our website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history);
- (e) risk tolerance, transaction history, investment experience and investment activity;
- (f) information regarding an investor’s status under various laws and regulations, including social security number, tax status, income and assets;
- (g) accounts and transactions with other institutions;
- (h) information regarding an investor’s interest in Dunes Point Capital’s products, including owner ship percentage, capital commitment, income and losses and any other confidential information relating to an investor;
- (i) information regarding an investor’s citizenship and location of residence;
- (j) source of funds used to make an investment;
- (k) anti-money laundering, identification (including passport and drivers’ license) and verification documentation.
Any Authorized Entity may, in certain circumstances, combine personal data it receives from an investor with other information that it collects from or about such investor. This will include information collected in an online or offline context. In addition, personal data of investors could be processed and controlled irrespective of whether you are admitted to our investment funds.
One or more of the Authorized Entities are “data controllers” of your personal data. In simple terms, this means such Authorized Entities: (a) “control” the personal data that they or other Authorized Entities collect from investors or other sources; and (b) make certain decisions on how to use and protect such personal data.
There is a need to process personal data for the purposes set out in this EU Privacy Notice as a matter of contractual necessity pursuant to applicable legal obligations and, in the legitimate interests of the Authorized Entities (or those of a third party), to operate their respective businesses. From time to time, an Authorized Entity may need to process the personal data on other legal bases, including the following: with consent; to comply with a legal obligation; if it is necessary to protect the vital interests of an investor or other data subjects; or if it is necessary for a task carried out in the public interest.
A failure to provide the personal data requested to fulfill the purposes described in this EU Privacy Notice may result in the applicable Authorized Entities being unable to provide the services as contemplated.
Purpose of processing
The applicable Authorized Entities process the personal data for the following purposes (and in respect of paragraphs (c), (d) and (f), in the legitimate interests of the Authorized Entities):
- (a) The performance of obligations under certain agreements, including in connection with assessing suitability of investors in our investment funds.
- (b) The administrative processes (and related communication) carried out between the Authorized Entities in preparing for the admission of investors.
- (c) Ongoing communication with investors (including the negotiation, preparation and execution of documentation) during the process of admitting investors to our investment funds.
- (d) The ongoing administrative, accounting, reporting and other processes and communications required to operate our business.
- (e) Any legal or regulatory requirement.
- (f) Keeping investors informed about the business of Dunes Point Capital and its affiliates generally.
- (g) Any other purpose for which notice has been provided, or has been agreed to, in writing.
The Authorized Entities monitor communications where the law requires them to do so. The Authorized Entities also monitor communications, where required to do so, to comply with regulatory rules and practices and, where not prohibited to do so, to protect their respective businesses and the security of their respective systems.
Sharing and transfers of personal data
In addition to disclosing personal data amongst themselves, any Authorized Entity may disclose personal data, where not prohibited by EU Data Protection Legislation, to other service providers, employees, agents, contractors, consultants, professional advisors, lenders, data processors and persons employed and/or retained by them in order to fulfill the purposes described in this EU Privacy Notice. In addition, any Authorized Entity may share personal data with regulatory bodies having competent jurisdiction over them, as well as with tax authorities, auditors and tax advisors (where necessary or advisable to comply with law).
Any Authorized Entity may transfer personal data to a Non-Equivalent Country (as defined below), in order to fulfill the purposes described in this EU Privacy Notice and in accordance with applicable law, including where such transfer is a matter of contractual necessity to enter into, perform and administer certain agreements, and to implement requested pre-contractual measures. For information on the safeguards applied to such transfers, please contact Dunes Point Capital. For the purposes of this EU Privacy Notice, “Non-Equivalent Country” shall mean a country or territory other than (a) a member state of the EEA; or (b) a country or territory which has at the relevant time been decided by the European Commission in accordance with EU Data Protection Legislation to ensure an adequate level of protection for personal data.
Retention and security of personal data
Dunes Point Capital and its Affiliates consider the protection of personal data to be a sound business practice, and to that end, employ appropriate technical and organizational measures, including physical, electronic and procedural safeguards to protect personal data in their possession or under their control.
Personal data may be kept for as long as it is required or advisable for legitimate business purposes, to perform contractual obligations or, where longer, as long as is required to comply with applicable legal or regulatory obligations. Personal data will be retained throughout the life cycle of any investment in our investment funds. However, some personal data will be retained after a data subject ceases to be an investor in our investment funds.
Data Subject Rights
It is acknowledged that, subject to applicable EU Data Protection Legislation, the data subjects to which personal data relates have the following rights under EU Data Protection Legislation: to obtain information about, or (where applicable) withdraw any consent given in relation to, the processing of their personal data; to access and receive a copy of their personal data; to request rectification of their personal data; to request erasure of their personal data; to exercise their right to data portability; and to exercise their right not to be subject to automated decision-making. Please note that the right to erasure is not absolute, and it may not always be possible to erase personal data on request, including where the personal data must be retained to comply with a legal obligation. In addition, erasure of the personal data requested to fulfill the purposes described in this EU Privacy Notice may result in the inability to provide the services as contemplated by Dunes Point Capital.
In case a data subject to whom personal data relate disagrees with the way in which his or her personal data is being processed, the data subject has the right to object to this processing of personal data and request restriction of the processing. The data subject may also lodge a complaint with the competent data protection supervisory authority in the relevant jurisdiction.
A data subject may raise any request relating to the processing of his or her personal data with Dunes Point Capital at the contact information provided above.