Privacy & Cookies Policy

June 2020

Glendower Capital, LLP, its affiliated entities and the funds / accounts it manages or advises (collectively, “Glendower”,“we”, “us” or “our”), value the privacy and security of your personal data (“personal information”), as defined below.  This Privacy Notice is designed to inform you how we may obtain your personal data through this website (this "Website"), any other personal data you may provide us, or personal data which we may collect in the course of our business. In addition, this Privacy Notice describes how we may protect and share this information; and the rights you may have in relation to this information.  

The content on this Website is intended solely to provide general information regarding Glendower. Glendower does not offer or make available its investment advisory services to the general public. Information on this Website does not constitute and is not intended as, an offer or sale of any security or investment product or investment advice. Offerings are made only pursuant to a private placement memorandum containing important information regarding risk factors, performance and other material aspects of the applicable investments.

Please read this Privacy Notice carefully. In the event that you have any questions or concerns about this Privacy Notice, please contact compliance@glendowercapital.com.

This Privacy Notice does not apply to the processing of personal information relating to Glendower employees or partners, or where we make another privacy notice available.

DATA CONTROLLER

Glendower Capital, LLP is the “data controller” for any personal information provided to Glendower any fund or account managed or advised by Glendower (each, a “Fund”) or any service provider of the foregoing. Contact details for Glendower Capital, LLP are at the end of this Privacy Notice.

USE OF PERSONAL DATA

Investors in a Fund: The personal information of any investor in a Fund (including the personal information of any natural person that is connected with an investor, for instance, ultimate beneficial owners, officers or other authorized signatories) will be used and treated in accordance with Glendower’s “Investor Privacy Policy” (as currently in force). A copy of Glendower’s current Investor Privacy Policy is available upon request to existing Fund investors from compliance@glendowercapital.com.

Business contacts: If you have had contact with Glendower, for example through emailing us or meeting a Glendower representative, we may store limited amounts of personal information relating to you which you provide to us, such as your name, job title, employer organization and contact details. We will store this personal information for a number of reasons, including:

·      maintaining a record of contacts;

·      providing periodic business updates and sending promotional materials;

·      inviting you to presentations and events and organizing meetings between you and Glendower’s representatives;

·      safeguarding our legal rights and interests;

·      administering any transaction that we enter into;

·      managing our investments or potential transactions; and

·      seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants.

Service providers and advisers: If you are a service provider, supplier to Glendower, or one of its professional advisers (or a person employed by or otherwise connected with any such third party), we will store limited amounts of personal information relating to you, including your name, job title, qualifications, employer organization and contact details. We will store this personal information for a number of reasons, including:

·      administering and maintaining records of services or advice we have received and commissioning further services;

·      complying with our regulatory, tax and legal obligations, including assessing and managing risk;

·      safeguarding our legal rights and interests; and

·      seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants.

Transaction related contacts: If you are involved in a transaction that Glendower is involved in, or a potential transaction that Glendower considers, we may store personal information relating to you.  This might include your CV, details of your previous employment history, business profile and professional activities, information relating to your financial status and dealings, nationality information (including copies of identity documents, such as a passport), references provided by third parties, and results of other due diligence carried out. We will store this personal information for a number of reasons, including:

·      assessing potential transactions;

·      maintaining records of investments;

·      administering any transaction that we enter into;

·      assessing your suitability for involvement in a transaction, including by verifying your identity;

·      complying with our regulatory, tax and legal obligations, including assessing and managing risk;

·      safeguarding our legal rights and interests;

·      seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants; and

·      providing periodic business updates and sending promotional materials.

Other individuals: Glendower also collects personal data when individuals voluntarily submit information to, or contact Glendower through, this Website, by emailing Glendower using the contact details available on this Website or through other interactions with Glendower.  For example, individuals may provide Glendower with personal data in a request for general information, through the submission of a business proposal or when expressing an interest in working with, or otherwise discussing employment with, Glendower or any portfolio company of Glendower. Glendower may use process any personal data, such as name and e-mail address, for Glendower’s reasonable and legitimate business purposes including, but not limited to, the following purposes:

·      fulfilling requests or reply to inquiries made by the relevant individual;

·      considering applications for employment;

·      providing periodic business updates and sending promotional materials subject to regulatory permissions, and other communications;

·      protecting against, identifying and preventing fraud and other unlawful activity;

·      complying with and enforcing applicable legal requirements, including, without limitation, with respect to compliance with FATCA and CRS (as well as any legislation, regulations or guidance enacted in any jurisdiction that seeks to implement a similar tax reporting or with holding tax regime), and relevant industry standards and Glendower policies;

·      helping to detect, prevent, investigate, and prosecute fraud and/or other criminal activity; and

·      managing Glendower’s information technology and to ensure the security of the Glendower’s systems.

PERSONAL DATA GLENDOWER COLLECTS BY OTHER MEANS

Investor Portal: Registered investors and representatives of investors may access our Investor Portal, which is a private section of this Website.

Promotional Materials: When you sign up to receive notifications or business updates from Glendower, we may provide periodic business updates and send promotional materials subject to regulatory permissions, and other communications.

Biometric Information: If you visit any of our offices in person, your image may be captured on our CCTV system. We operate a CCTV system to protect our buildings and assets from damage, for the personal safety of our staff and visitors and to support law enforcement bodies in the prevention, detection and prosecution of crime.

Personal data Glendower collects automatically

Cookies: At present, we do not use cookies, as definedby the Information Commissioner’s Office (ICO).

That may change in the future at whichpoint we will update this Privacy Notice.

Third-Parties: This Website may provide links to other websites for convenience and information. These websites may operate independently from Glendower.  Linked sites may have their own privacy notices or policies, which Glendower strongly suggests individuals review.  To the extent any linked websites are not owned or controlled by Glendower, Glendower is not responsible for their content, any use of the websites, or the privacy practices of the websites.

PROCESSING OF PERSONAL DATA

Your personal data may be processed by employees, officers or partners of Glendower to the extent necessary to carry out their roles and for the purposes described in this Privacy Notice.  Glendower relies on the legal bases of contractual necessity, compliance with applicable law and Glendower’s legitimate interests in operating its business and communicating with investors and other persons.

In addition to the use and processing of personal data stated above, Glendower may process your personal data for the following further reasons: (i) to exercise and comply with Glendower’s rights and obligations at law or under regulation, or under contract, including for the establishment, exercise or defense of legal claims by or against Glendower; (ii) to manage and administer Glendower’s business and to improve relationships with investors and assist with investor relationship management, and for marketing and business development activities and analysis;(iii) to help detect, prevent, investigate, and prosecute fraud and/or other criminal activity; (iv) to manage Glendower’s information technology and to ensure the security of the Glendower’s systems; (v) to disclose information to a governmental, tax or regulatory body, financial market, broker or other intermediaries, counterparties, court, auditors or other third parties and to conduct compliance activities, when Glendower thinks this is in its, or someone else’s legitimate interests; and (vi) to investigate and respond to any complaints about Glendower or any incidents relating to Glendower.

HOW GLENDOWER SHARES AND TRANSFERS PERSONAL DATA

It may be necessary for Glendower or associated third parties (including the parties to whom we disclose personal information in accordance with this Privacy Notice) to effect cross-border transfers of personal data, including to the United States of America and to other countries outside the European Economic Area (the “EEA”).  In some cases, personal data may be transferred to jurisdictions outside of the EEA that are not deemed to have data protection frameworks that are equivalent to those of the EEA countries, such as the United States of America. Such transfers may be to other Glendower entities, to governmental, regulatory or judicial authorities, auditors, legal advisors or agents as well as to sub-contractors engaged by Glendower. Glendower uses data transfer agreements incorporating standard contractual clauses approved by the European Commission to transfer personal data to such jurisdictions.

RETENTION PERIODS

Glendower and those third parties to whom personal data is transferred will retain that data as long as is necessary for the purposes set out in this Privacy Notice. In particular, Glendower will hold certain personal data and other information regarding investors in the Funds for at least as long as they remain investors.  The retention period may extend beyond the investment term where necessary for the relevant Fund’s legitimate interests, including to comply with legal or regulatory obligations or to facilitate the relevant Funds’ on-going administration and performance.

Safeguarding of personal data

The security of data is central to our business. We use reasonable technical, administrative, and physical security measures to reduce the risk of losing, unauthorized access to, or inadvertent destruction of your personal data. We train our employees to handle personal and business information in accordance with approved policies and procedures that we have established to ensure compliance with applicable laws and internal policies for protecting personal information.

You acknowledge that the transmission of information via the internet is not secure. We can not guarantee the security of your data transmitted to our public Website, any other site used by us and accessible by you or through electronic communications, and any transmission is at your own risk.

Individual rights

Individuals whose personal data is processed by Glendower have certain legal rights in respect of the information.  After Glendower receives your personal information, you will have various rights in respect of the information relating to you.  These include your right to:

·      request access to your personal data;

·      obtain information about the use of your personal data including:  (i) the purposes for which your personal data is being used; (ii) the categories of your personal data being used; (iii) to whom your personal data has been or will be disclosed; (iv) where possible, the period for which your data will be retained; (v) your right to require rectification or erasure of your personal data or restrict or object to its use; (vi) your right to lodge a complaint with the ICO or other supervisory authority; and (vii) whether your data is subject to any automated decision-making including profiling;

·      require rectification (correction) of errors in your personal data without undue delay;

·      have your personal data erased without undue delay in certain circumstances including where: (i) your personal data is no longer needs to be processed for the purposes for which it was collected; (ii) your personal data has been processed unlawfully; and (iii) erasure is required by applicable law;

·      restrict the processing of your personal datain certain situations including where: (i) you are contesting the accuracy of your personal data;(ii) your data is being processed unlawfully but you do not want your data erased; (iii) your personal data is no longer needed for the purposes for which you provided it but you require that data to help establish, exercise or defend legal claims; and

·      receive your personal data in a structured, commonly used and machine-readable format and transmit that data to a third party.

If you wish to exercise any of the rights set out above, please use the contact details below.

If you wish to exercise any of these rights and Glendower has transferred your data to a third party, Glendower will communicate such request to each relevant third party unless it would be impossible or involve disproportionate effort for Glendower to do so.

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Notice to California Residents

This section only applies to individuals who are residents of California under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100et seq) and the “Shine the Light” Law (California Civil Code section 1798.83) (hereinafter, “California Law”).

California Law requires that we disclose how we respond to a “Do not track” (“DNT”) signal. We do not track visitors of this Website. If you access this Website through the Internet, your browser may allow you to adjust your browser settings so that DNT requests are sent to the websites that you visit. However, Glendower will not disable tracking technology that may be active on this Website in response to any DNT requests that we receive from your browser. To learn more about browser tracking signals and DNT, visit https://www.eff.org/issues/do-not-track. You can also consider using the opt-out features provided by the Digital Advertising Alliance by visiting the following website: http://www.aboutads.info/consumers.

California residents are afforded certain additional Disclosure and Access Rights (“Rights”) with respect to their personal information under California Law. These Rights are not absolute and are subject to certain exceptions. In addition, California residents have the right to opt-out of having their personal information sold. We do not sell personal information.

California residents have the right to request twice in the preceding 12 months, the categories of personal information we have collected, the reason we collect this personal information, where we obtained the personal information from and the third parties with whom we share the personal information with. We collect identifiers, characteristics of protected classifications under California or U.S. law, commercial information, Internet or other electronic network activity information, geolocation data, professional or employment-related information, audio, electronic, visual, or similar information, inferences drawn about you and other categories of personal information that relate to, describe or are reasonably capable of being associated with you.

California residents can exercise their privacy rights by contacting us at compliance@glendowercapital.com.  We will address any requests to exercise the Rights described above under California Law. When a request is made, we may verify your identity to protect your privacy and security.

Children

This Website is not directed to individuals under the age of sixteen (16) and we do not knowingly collect personal data of children under the age of sixteen (16). If you have reason to believe that a child under the age of sixteen (16) has provided personal data to us through this Website, please contact us and we will endeavor to delete that personal data from our database.

Updates to this Privacy Notice

Glendower reserves the right to change or amend our Privacy Notice from time to time and at our discretion. In such event, we will post the changes in our Privacy Notice on this Website by referring to the date it was revised at the top of this page. If you are concerned about how your personal data is used, please visit this Website often for this and other important announcements and updates.

Contact details

You can opt out of receiving communications from us at any time. In addition, to the extent you have any questions about the processing of your information or wish to exercise any of the rights referred to above in relation to any of the data controllers specified in this Privacy Notice, please contact us at:

Glendower Capital, LLP

1 St. James’s Market, London

SW1Y 4AH, United Kingdom

Email: compliance@glendowercapital.com

Further Information

You can also bring any issues or concerns you have regarding your personal data to the attention of the ICO which, for purposes of an investment in the Fund, will be the relevant supervisory authority in the UK.

Details regarding the ICO and its powers can be found at:  www.ICO.org.uk.