Privacy Policy

1) Introduction

 In accordance with the EU General Data Protection Regulation 2016 (ie "GDPR”), in particular Article 12-"Transparant information and communication”, Article 13- "Information to be provided where collected from Data Subjects” and Article 14-"Information to be provided where not obtained from Data Subjects”, this Privacy Notice explains how AGC Equity Partners Limited (ie "AGC”) processes, stores and shares the personal data information of individuals. Additionally, it explains the rights of individuals in relation to their personal information processed by AGC.

 2) Who We Are

 AGC Equity Partners Limited is an alternative asset investment firm and is authorised and regulated by the UK regulator the Financial Conduct Authority (licence FRN number 480570).

 The registered address is 33 Davies Street, London, W1K 4LR, United Kingdom. The telephone number is +44 20 7959 3450.

 For the purposes of the GDPR law, AGC is defined as the Data Controller.

 3) Contact Us

 If you have any questions or comments concerning this Privacy Notice, the name of our appointed Data Protection Officer is Sangeet Dhanani and the email address is sdhanani@agcequitypartners.com

 4) The Purposes of the Processing Personal Information

4.1) If you are an existing or potential client or investor:

·Preparation and signing of investment contracts and / or fund applications

·Fulfilling our legal or regulatory obligations eg Anti-money laundering processes to prevent fraud or terrorist funding

·Distribution of investment report updates or private equity deals

·Processing requests received

·Managing of our relationships with clients / investors

·Recording of telephone conversations if discussing investment fund products

 4.2) If you are an adviser of an existing or potential client or investor, or an employee of an institutional client, or you are exercising investment control on behalf of client / investor:

·Verifying your identity

·Fulfilling our legal or regulatory obligations

·Assessing and developing products with our institutional investors

·Managing the relationship with the advisors of our clients

·Emailing of marketing materials

·Recording of telephone conversations if discussing investment fund products

 

4.3) If you are an existing or potential supplier:

·Verifying your identity

·Fulfilling our legal or regulatory obligations

 

5) The Source of the Personal Data

 The majority of the information AGC processes comes directly from you, or your advisor, or your appointed intermediary.

AGC may also receive personal information concerning you from other sources such as:

·Events - whereby AGC attends or sponsors

·Compliance screening providers - whereby AGC undertakes anti-money laundering due diligence process controls

·Your employer - whereby AGC receives employee details as point of contacts from its institutional clients

 6) The Lawful Basis for the Processing

 Article 6-"Lawfulness of processing” of GDPR defines the various conditions to enable AGC to process your personal information legally when one or more of the following conditions have been satisfied:

 

Legal Condition

Use of Your Information by AGC

1) Consent

 

Your consent must be provided freely, in an informed manner and given with a positive affirmative action manner.

 

You can withdraw your prior consent at any time by contacting the Data Protection Officer of AGC.

 

  

Your Consent will be requested if you select the email address on our Contact Us tab of the website.

 

 A pop up banner will appear requiring you to select the option "Consent to processing your personal information”.

2) Performance of a Contract

 

 Your personal information is necessary to the processing of a contract.

Performing and / or administrating your investments such as :

· Processing applications

· Completing requests received from you eg change of personal details

· Updating of your investments eg Fact Sheets or fund valuation statements

 

Managing relationships with our institutional client investors or advisors of clients such as:

· Contacting you for the effective performance of the contact

· Relationship management eg queries or requests

 

Legal Condition

Use of Your Information by AGC

Administration of Suppliers such as:

· If you are an employee of any of our Suppliers concerning the negotiation of a contract or relationship management.

3) Compliance with a Legal Obligation

Your personal information is necessary for the legal obligations of AGC concerning anti- money laundering obligations being registered and authorised by the UK financial regulator, the Financial Conduct Authority (ie "FCA”).

Verification of Identity and the Prevention of Fraud such as:

· Know Your Client (ie "KYC”) process controls relating to identification documents eg Passport / Driving Licence

· Employee back ground checks eg references / criminal and credit searches

Registration of Telephone Calls

· Legal requirement under the MiFID II regulation to record the telephone lines of AGC for employees that undertake transmission and execution of investment orders for its fund products

D) Legitimate Interests

 AGC my process personal information when it has a "legitimate interests” and such interests do not outweigh your privacy rights and freedoms.

 

Electronic marketing or telephone calling such as:

· To promote effective communication of investments to existing investors

· Market potential investments in private equity secondary programs to institutional client investors

 

7) The "Legitimate Interests” for the Processing

 For existing clients and investors, AGC will use "Legitimate Interests” as the lawful basis concerning electronic marketing or the communication of the pending launches of new fund products, or the raising of investor interest in private equity deals.

 As per Article 21 "Right to Object” of GDPR, you have the right to object to your personal information being processed for Legitimate Interests. AGC will evaluate your objections and assess which activities affect your interests, or fundamental rights and freedoms.

 8) The Categories of Personal Data Stored

 AGC may collect and process the following personal information:

 A. Personal information

·This includes data such as name, date of birth and nationality.

 This type of information is required for legal obligations relating to Know Your Client (ie "KYC”) process controls.

 B. Unique Government Identifiers

·This includes identifier numbers on government documents such as passport or driving licence numbers and employee national insurance numbers.

 This type of information is required for legal obligations as per point A) above, or for the performance of contracts eg employees contracts.

 C. Contact Information

·This includes data such as email, postal address and phone number.

 This type of information is required for the performance of contract and managing relationships with our institutional client investors or advisors of clients.

 D. Financial Information

·This includes data such as bank account details in relation to payments of investments or payment of salaries to employees.

 This type of information is required for legal obligations as per point A) above, or for the performance of contract eg to invest in fund products or private equity deals.

E. Third Party Information

·This includes data such as power of attorney information relating to the delegation of investments by clients or investors.

 9) The Recipients of your Personal Information

 A. AGC restricts the access of your personal information to only the relevant employees who require such data to conduct their day to day responsibilities.

 B. AGC may also share your personal information to third parties such as:

·Auditors and Legal advisors

·Service Providers eg Fund Administrators and Transfer Agents

·Financial regulators eg Financial Conduct Authority

·Governmental departments eg HM Revenue and Customs

·Credit and Fraud Prevention Agencies

 10) The Transfers of Personal Information to Third Countries or International Organisations

 AGC does not host Cloud storage in countries outside of the European Economic Area (EEA). However, AGC may disclose your data within the AGC Group which encompasses entities located outside the EEA. Where data is transferred outside the EEA, these entities will adhere to this policy.

 AGC has no direct contracts with Service Providers outside of the European Economic Area (EEA) which processes the personal information of EU citizens or residents.

 Concerning the investment fund products advised by AGC, it is possible that the Fund administrators servicing these products will share your data to countries outside of the European Economic Area (EEA). The sharing of your personal data by the Fund administrators may be required as part of the process to identify and verify your personal information for their legal and regulatory obligations. You are advised to read the prospectus and / or subscription fund documents concerning the significance of such arrangements.

 11) Security of Data

 The security of your personal information is important to us. Our security policy measures include:

·The transfer of all data to our backup services are encrypted

·Fire walls

·Only authorised employees have access to personal data

 12) The Retention period for Personal Data

 AGC will comply with Article 5- "Principles relating to processing of personal data” of GDPR, in particular clause (E) which states that "personal data shall be kept for no longer than is necessary for which the personal data is processed”.

 AGC retention period will be no longer than it’s governmental or regulatory obligations, or any specific contractual requirements. For the UK regulator, the FCA, the retention period (excluding pension transfers) of personal information is five years after the termination of client relationship. For the UK governmental department the HM Revenue and Customs, the retention period of personal information is six years plus the current year

 13) The Rights available to Individuals in respect of Processing

 You can exercise your rights to the following by contacting the Data Protection Officer (DPO) at AGC. The DPO will respond to Subject Access Requests (ie SAR) of individuals within 30 days of receipt.

 1) Right of Access to your Personal Information

 As per Article 15- "Right to Access by Data Subject” of GDPR, you have the right to obtain the data stored by AGC concerning your personal information.

 2) Amending or Adding to your Personal Data Record

 As per Article 16- "Right to Rectification” of GDPR, you can have inaccurate or incomplete data stored by AGC corrected or added concerning your personal information.

 

3) Right to Erasure (ie Right to be forgotten)

 As per Article 17- " Right to Erasure” of GDPR, you can ask AGC to delete your personal information in certain circumstances such as, AGC does not need to retain your information for legal or regulatory purposes, or you have withdrawn you Consent to process your information.

 4) Restricting the processing of Personal Information

 As per Article 18- "Right to Restriction of Processing” of GDPR, you can contest the accuracy or the lawfulness of your personal information and stop the processing of this information until AGC has investigated your query.

 5) Data Portability

 As per Article 20 "Right to Data Portability” of GDPR, you can request AGC to send a copy of your personal information in an electronic format to you or to another firm in its capacity as a Data Controller.

 6) Right to Object

 As per Article 21 "Right to Object” of GDPR, you have the right to object to your personal information being processed for Direct Marketing purposes and for AGC to evaluate whether the processing of your personal information for Legitimate Interests affects your interests, or fundamental rights and freedoms.

 14) The Right to Withdraw Consent

 As per Article 7 "Conditions for Consent” of GDPR, you have the right to withdraw your prior consent of processing your personal information at any time.

 15) The existence of Automated decision making including Profiling

 AGC does not process the personal information of potential or existing clients or investors using machine learning algorithmic programmes such automated decision making rules or profiling.

16) The Right to lodge a complaint with the Supervisory Authority

If you are unsatisfied with how AGC is processing your personal information data, or how AGC has responded to your Data Rights explained in Point 11 above, as per Article 77- "Right to lodge a complaint with a Supervisory Authority” of GDPR, you have the right to contact: 

 Information Commissioner’s Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, UK.

 Telephone number: 0303 123 1113 (local charge rate)


 

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