HarCap Ltd., together with its affiliates, (“HarCap” or the “Firm”) respects the privacy of every individual whose personal information it handles. HarCap collects and processes Personal Data (as defined below) relating to third parties in the course of business. HarCap is committed to being transparent about how it handles Personal Data to discharge its data protection obligations.
This privacy notice (the “Notice”) explains how HarCap collects, stores and uses, shares and otherwise processes your personal information in connection with your relationship with HarCap as an investor in a, acting for an investor, or generally being interested in HarCap and its services. The Notice is prepared and disclosed in accordance with applicable legislation, including the EU General Data Protection Regulation as amended or supplemented from time to time (“GDPR”), which entered into force on 25 May 2018.
For all enquiries related to the Notice, please contact our Company Director or Compliance Officer at firstname.lastname@example.org.
The term “Personal Data” as used in this Notice means any information relating to you (i.e. name, contact details, etc.). Personal Data does not include anonymised or pseudonymised data.
Different rules apply to Personal Data which concerns race, ethnic origin, political opinions or beliefs, religious or other similar beliefs, trade union membership, physical or mental health, sexual life and any offences committed and sentences or court proceedings relating to actual or potential offences and may include photographs in specific circumstances (“Sensitive Personal Data”). Please do not send Sensitive Personal Data to HarCap unless it has been specifically requested as generally the Firm does not require it.
We may process your contact details (address, email address, telephone number) together with any other Personal Data you choose to provide to us, for example if you contact the Firm by letter, telephone, email, or any other means of electronic or personal communication. HarCap will process your Personal Data if and to the extent applicable legislation provides a lawful basis for the Firm to do so.
HarCap will only process your Personal Data if:
- you have consented in writing to the Firm doing so;
- HarCap needs your Personal Data to perform a contract entered into between you and the Firm;
- HarCap needs it to comply with a legal obligation;
- HarCap (or a third party) has a legitimate interest not overridden by your interests, including the providing of investment advisory and/or investment management services by HarCap, and administrative, legal, compliance or operational processes within HarCap.
HarCap uses your Personal Data to deliver certain services to you and/or the institution you work or act for. At your request, and with your consent, HarCap may also use your Personal Data to inform you about the Firm’s services.
HarCap reserves the right to share your contact details with other companies in the HarCap Group.
Business contact information
If you have had contact with HarCap (i.e. at a meeting), the Firm may retain your Personal Data to provide periodic business updates, organise meetings between you and HarCap’s representatives, or for professional communication.
Supplier / adviser contact information
If you are a supplier or professional adviser to HarCap, the Firm stores limited amounts of personal information relating to you, including your name, job title, qualifications, employer organisation, (potential) transactions discussed with HarCap and contact details. The Firm stores this personal information for the purposes of administering and maintaining records of services or advice we have received, commissioning further services, and for other purposes of this nature.
HarCap may need to request specific information from you to help the Firm confirm your identity and enable you to exercise your rights under applicable legislation. It is your discretion to provide Personal Data to HarCap. If you fail on request to provide HarCap with some or all of the Personal Data, the Firm may not be able to provide all or some of the services requested, enter into contracts with you, or send you information.
HarCap may be required to provide supplemental privacy notices on specific occasions when processing your Personal Data. If so, any supplemental notice will explain the purpose for which your Personal Data is being processed.
If you are involved in a transaction that HarCap and/or any affiliate of the Firm or any investment vehicle the Firm manages or advises to, or a potential transaction that HarCap considers, the Firm may, for KYC purposes, store personal information such as: your CV, previous employment history, financial status and dealings, nationality information (including copies of a passport etc.), references provided by third parties, and results of other due diligence carried out.
This information is collect and stored to:
- assess and administer actual and/or potential transactions;
- assess your suitability for involvement in future transactions;
- comply with our regulatory and legal obligations, including assessing and managing risk;
- safeguard our legal rights and interests;
- seek and receive advice from our professional advisors; and
- provide periodic business updates, as described below.
The personal information we hold about actual and/or potential management teams may be shared with:
- companies who process personal information on HarCap’s behalf and third party outsourced services providers;
- credit reference agencies;
- financial intermediaries;
- professional advisors;
- other persons who have an interest or involvement in, or who are considering an interest or involvement in, a HarCap transaction, for example: co-investors and finance providers; and
- other companies in the HarCap group.
In accordance with GDPR, our legal basis for collecting and storing the above-described Personal Data is that its processing is necessary for the Firm’s legitimate interests in running our business. Should HarCap enter into a transaction with your involvement, it will also be necessary to process your personal information for the purpose of performing that contract and to comply with our regulatory and legal obligations.
Mandatory provision of information
HarCap will explain when provision of information is mandatory together with any potential consequences of not providing such information. HarCap will only process Personal Data provided to HarCap for the purposes listed above.
Retention of personal information
The period for which HarCap shall retain Personal Data (and in very limited circumstances, Sensitive Personal Data) shall vary depending on the purposes that it was collected for. However, HarCap shall only retain your Personal Data for as long as is necessary to fulfil the purposes for which it was collected and processed, including to comply with any applicable law or regulation.
Please note that HarCap may use or disclose Personal Data if required to by law, or where the Firm believes that use or disclosure is necessary to protect the Firm’s rights and/or to comply with judicial proceedings or regulatory processes.
HarCap will take all reasonable steps to keep Personal Data accurate and, where required, up to date. If you believe that any of the information about you held by HarCap is incorrect please notify our Compliance Officer in writing at email@example.com.
Individuals whose Personal Data is held by HarCap may be entitled to access it, or to request that it is erased, that its processing is restricted, or that any inaccurate personal information is rectified. You may also have the right to object to the processing of your personal information, or in some circumstances to obtain a copy of the personal information in machine readable format.
Your rights include:
I. to request access to your Personal Data (via a subject access request) and to request certain information in relation to its processing;
II. request rectification of your Personal Data;
III. request the erasure of your Personal Data; or
IV. object to the processing of your Personal Data.
Any such request should be submitted in writing to our Compliance Officer at firstname.lastname@example.org.
Right to Withdraw Consent
If you have provided your consent to the collection, processing and transfer of your Personal Data, you have the right to fully or partly withdraw your consent. To do so, please write to the Compliance Officer at email@example.com. Once the Compliance Officer receives notification that you have withdrawn your consent, HarCap will no longer process your information for the purpose(s) to which you originally consented, unless there are legitimate grounds: (a) for further processing which override your interests, rights and freedoms; or (b) for the establishment, exercise or defence of legal claims.
International data transfers
HarCap has operations outside the EEA and as such, in very limited circumstances, your Personal Data may be required to be transferred to and stored at a country outside of your country of residence, including countries outside of the EEA. In the event that HarCap transfers personal information to group companies or third parties outside of the EEA, the Firm shall endeavour to ensure that those transfers take place in accordance with applicable legislation, for example by entering into data transfer agreements with the recipient. Where data is required to be transferred outside the EEA, safeguards will be applied to such data such that is protected in the same ways as if it had remained in the UK/EU.
HarCap will take all reasonable steps to protect the confidentiality and security of your Personal Data but cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information online over the Internet and will not hold HarCap responsible for any breach of security unless due to HarCap’s negligence or wilful default.
Third party websites
Any changes to this Notice will be posted here, so please check on a regular basis when you visit the Firm’s website.
HarCap Ltd. is registered in Malta (Registration No. C68495) and has its registered office at 4th Floor, Avantech Building, St. Julian’s Road, San Gwann, SGN 2805,Malta.