Privacy Notice

This Privacy Policy (“Policy”) explains how we use the personal information that Chenavari Investment Managers collects or generates both in relation to this website and our products and services.

The aim of this policy is to explain to you – as Data Subject – what kind of personal information we gather on you, why and how we process it as Data Controller.

This Policy covers the United Kingdom’s Data Protection Act 2018 as thereafter amended and the European Union’s General Data Protection Regulation (“EU GDPR”).

The list below sets out what is covered in this Privacy Policy and you can click on the headings below to go to a specific section.

1. BACKGROUND
2. THE PRODUCTS AND SERVICES WE PROVIDE
3. THE TYPES OF PERSONAL DATA WE COLLECT
4. HOW WE USE YOUR INFORMATION
5. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
6. INTERNATIONAL TRANSFERS OF PERSONAL DATA
7. HOW WE SAFEGUARD YOUR INFORMATION
8. HOW LONG WE KEEP YOUR PERSONAL DATA
9. YOUR RIGHTS
10. QUESTIONS AND CONCERNS

1. BACKGROUND
   1.1  Chenavari Financial Group Ltd and Chenavari Credit Partners LLP with their registered offices at 80 Victoria Street, London SW1E 5JL and other companies in the Chenavari group (“Chenavari Investment Managers”) collect and use certain Personal Data. Chenavari Investment Managers is responsible for ensuring that it uses that Personal Data in compliance with applicable data protection laws.

    1.2  At Chenavari Investment Managers we respect the privacy of our clients and we are committed to keeping all your Personal Data secure. This Privacy Policy governs the handling of Personal Data by Chenavari Investment Managers in the course of carrying on commercial activities.

1.3 We use the following definitions in this Privacy Policy:
“Chenavari Investment Managers”, “we or “us” means Chenavari Financial Group Ltd, Chenavari Credit Partners LLP, Chenavari Investment Managers (Luxembourg) Sarl and Chenavari Asset Management SAS and other companies in the Chenavari Investment Managers group.

“Personal Data” means any data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, Chenavari Investment Managers (or its representatives or service providers). In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of Chenavari Investment Managers or any other person in respect of an individual.

2. THE PRODUCTS AND SERVICES WE PROVIDE
   
   2.1 This Privacy Policy concerns the following categories of information that we collect about you when providing the following products and services:
   (A) Information we receive through our websites (“Chenavari Investment Managers Websites”);
   (B) Information we receive through our products (“Chenavari Investment Managers Products”);
   (C) Information we receive through our support, mobile security solution or cloud-based services (“Chenavari Investment Managers Services”).

3. THE TYPES OF PERSONAL DATA WE COLLECT
   
   3.1 Many of the services offered by Chenavari Investment Managers require us to obtain Personal Data about you in order to perform the services we have been engaged to provide. In relation to each of the services described at paragraph 2.1 above, we will collect and process the following Personal Data about you:

• Information that you provide to Chenavari Investment Managers. This includes information about you that you provide to us. The nature of the services you are requesting will determine the kind of Personal Data we might ask for, though such information may include (by way of a non-exhaustive list):
  – basic Personal Data (such as first name; family name; position in the company; company name; company email address; business phone number; business address; city; postcode; country);
  – any information that you choose to share on Chenavari Investment Managers internet forums which may be considered Personal Data.
• Information that we collect or generate about you. This includes (by way of non-exhaustive list):
  – a file with your contact history to be used for enquiry purposes so that we may ensure that you are satisfied with the services which we have provided to you;
  – through our cloud security services, traffic and security reports that include information on the internet usage of the organisation’s computer users (e.g. what websites were visited by each user, any documents downloaded, security incidents, prevention measures taken by the gateway, etc.); and
  – activity data relating to the use of protected documents, such as altering a document’s permissions and information regarding the individual that performed the activity.
• Location information (such as IP address, IP address location).
• Information we obtain from other sources.
• Cookies.
  – When you visit Chenavari Investment Managers Websites, cookies are used to collect technical information about the services that you use, and how you use them.
  – We primarily use cookies to ensure a consistent and user-friendly experience when you use our website. For more information on cookies, please see our Cookie Policy.
• Anonymized data
  – In addition to the categories of Personal Data described above, Chenavari Investment Managers will also process further anonymized information and data that is not processed by reference to a specific individual.

4. HOW WE USE YOUR INFORMATION

4.1  Your Personal Data may be stored and processed by us in the following ways and for the following purposes:

• for ongoing review and improvement of the information provided on Chenavari Investment Managers Websites to ensure they are user friendly and to prevent any potential disruptions or cyber attacks;
• to allow you to use and access the functionality provided by the Chenavari Investment Managers Products;
• to assess your application for Chenavari Investment Managers Products, where applicable;
• to set up customers to use Chenavari Investment Managers Products;
• to conduct analysis required to detect malicious data and understand how this may affect our IT system;
• for statistical monitoring and analysis of current attacks on devices and systems and for the on-going adaptation of the solutions provided to secure devices and systems against current attacks;
• to understand feedback on Chenavari Investment Managers Products and to help provide more information on the use of those products and services quickly and easily;
• to communicate with you in order to provide you with services or information about Chenavari Investment Managers and Chenavari Investment Managers Products;
• for in-depth threat analysis;
• to understand your needs and interests;
• for the management and administration of our business;
• in order to comply with and in order to assess compliance with applicable laws, rules and regulations, and internal policies and procedures; or
• for the administration and maintenance of databases storing Personal Data.

4.2  However we use Personal Data we make sure that the usage complies with law and the law allows us and requires us to use Personal Data for a variety of reasons. These include:

• we need to do so in order to perform our contractual obligations with our customers;
• we have obtained your consent;
• we have legal and regulatory obligations that we have to discharge;
• we may need to do so in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings;
• the use of your Personal Data as described is necessary for our legitimate business interests, such as:
  – allowing us to effectively and efficiently manage and administer the operation of our business;
  – maintaining compliance with internal policies and procedures;
  – monitoring the use of our copyrighted materials;
  – enabling quick and easy access to information on Chenavari Investment Managers Products;
  – offering optimal, up-to-date security solutions for mobile devices and IT systems; and
  – obtaining further knowledge of current threats to network security in order to update our security solutions and provide these to the market.

4.3  We will take steps to ensure that the Personal Data is accessed only by employees of Chenavari Investment Managers that have a need to do so for the purposes described in this Privacy Policy.

5. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
   
   5.1 We may share your Personal Data within the Chenavari Investment Managers group of companies for the purposes described above.

5.2 We may also share your Personal Data outside of the Chenavari Investment Managers group for the following purposes:

• with our business partners. For example, this could include our partners from whom you or your company or your organisation purchased the Chenavari Investment Managers product(s). Personal Data will only be transferred to a business partner who is contractually obliged to comply with appropriate data protection obligations and the relevant privacy and confidentiality legislation;
• with third party agents and contractors for the purposes of providing services to us (for example, Chenavari Investment Managers’ accountants, professional advisors, IT and communications providers and debt collectors). These third parties will be subject to appropriate data protection obligations and they will only use your Personal Data as described in this Privacy Policy;
• to the extent required by law, for example if we are under a duty to disclose your Personal Data in order to comply with any legal obligation (including, without limitation, in order to comply with tax reporting requirements and disclosures to regulators), or to establish, exercise or defend our legal rights;
• if we sell our business or assets, in which case we may need to disclose your Personal Data to the prospective buyer for due diligence purposes; and
• if we are acquired by a third party, in which case the Personal Data held by us about you will be disclosed to the third party buyer.
• as otherwise described to you at the point of collection.

6. INTERNATIONAL TRANSFERS OF PERSONAL DATA
   
   6.1 Chenavari Investment Managers is a global business. Our customers and our operations are spread around the world. As a result, we collect and transfer Personal Data on a global basis. That means that we may transfer your Personal Data to locations outside of your country.

6.2 Where we transfer your Personal Data to another country outside the EEA, we will ensure that it is protected and transferred in a manner consistent with legal requirements. In relation to data being transferred outside of Europe, for example, this may be done in one of the following ways:

• the country that we send the data to might be approved by the European Commission as offering an adequate level of protection for Personal Data (the United Kingdom is an approved country);
• the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your Personal Data; or
• in other circumstances the law may permit us to otherwise transfer your Personal Data outside Europe.

6.3 You can obtain more details of the protection given to your Personal Data when it is transferred outside Europe (including a copy of the standard data protection clauses which we have entered into with recipients of your Personal Data) by contacting us as described in paragraph 11 below.

7. HOW WE SAFEGUARD YOUR INFORMATION

7.1 We have controls in place to maintain the security of our information and information systems. Client files are protected with safeguards according to the sensitivity of the relevant information. Appropriate controls (such as restricted access) are placed on our computer systems. Physical access to areas where Personal Data is gathered, processed or stored is limited to authorised employees.

7.2 As a condition of employment, Chenavari Investment Managers employees are required to follow all applicable laws and regulations, including in relation to data protection law. Access to sensitive Personal Data is limited to those employees who need to it to perform their roles. Unauthorised use or disclosure of confidential client information by a Chenavari Investment Managers employee is prohibited and may result in disciplinary measures.

7.3 When you contact a Chenavari Investment Managers employee about your file, you may be asked for some Personal Data. This type of safeguard is designed to ensure that only you, or someone authorised by you, has access to your file.

8. HOW LONG WE KEEP YOUR PERSONAL DATA

8.1 How long we will hold your Personal Data for will vary and will be determined by the following criteria:

• the purpose for which we are using it – Chenavari Investment Managers will need to keep the data for as long as is necessary for that purpose; and
• legal obligations – laws or regulation may set a minimum period for which we have to keep your Personal Data.

9. YOUR RIGHTS

9.1 In all the above cases in which we collect, use or store your Personal Data, you may have the following rights and, in most cases, you can exercise them free of charge. These rights include:

Right to access Personal Data

You have the right to seek a copy of the personal information we keep on you and the right to know what information we have about you:

• the source of your Personal Data;
• the purposes, legal basis, and methods of processing;
• the data controller’s identity; and
• the entities or categories of entities to whom your Personal Data may be transferred.

Right to rectify or erase Personal Data

You have the right to ask us to correct any incomplete or incorrect Personal Data. Before making corrections, we might try to confirm that the personal data is accurate.

You may also ask us to delete your personal information in certain situations:

• it is no longer required for the purposes for which it was collected;
• you have revoked your consent, if the processing of your data was based on your consent;
• you have successfully exercised a right to object (see Right to object below);
• it has been processed unlawfully;
• it is required by law; or
• it is necessary for us to comply with a legal obligation.

We are not required to comply with your request to delete Personal Data if the processing of your Personal Data is necessary for any of the reasons below:

• for compliance with a legal obligation; or
• for the establishment, exercise, or defence of legal claims.

Right to restrict the processing of your Personal Data

You can request that we limit how we use your personal data in the following circumstances:

• to enable us to confirm its accuracy if its accuracy is disputed; or
• despite the fact that the processing was illegal, you do not want it removed; or.
• we still need it to make, use, or defend against legal claims even though we no longer need it for the reasons it was collected; or
• Your right to object has been used, and the verification of any relevant overriding grounds is still pending.

We can continue to use your Personal Data following a request for restriction:

• where we have your consent; or
• to establish, exercise, or defend legal claims; or
• to protect the rights of another natural or legal person.

Right to transfer your Personal Data

Your Personal Data may be transferred directly to another data controller upon request or may be made available to you from us in a structured, commonly used, machine-readable format, but only in the following circumstances:

• Your consent or the fulfillment of a contract with you are the bases for the processing; and
• Automated tools are used to carry out the processing.

Right to object to the processing of your Personal Data

If you believe that your fundamental rights and freedoms are more important than our legitimate interests, you can object to any processing of your personal data based on our legitimate interests.

If you object, we have the opportunity to demonstrate that we have compelling legitimate interests that override your rights and freedoms.

Right to object to how we use your Personal Data for direct marketing purposes

You can ask us to change the way we contact you for marketing purposes.

You can ask us not to transfer your personal data to unrelated third parties for direct marketing or other purposes.

Right to obtain a copy of Personal Data safeguards used for transfers outside your jurisdiction

You have the right to request a copy of or a reference to the safeguards that apply when your personal data is transferred outside of the European Union / United Kingdom.

To protect business terms, we might redact data transfer agreements.

Right to lodge a complaint with your local supervisory authority

The UK Information Commissioner’s Office is the main regulatory body in charge of regulating Chenavari Investment Managers in terms of privacy and data protection.  In case of complaint, you should contact the Information Commissioner’s Office (ICO) on its website ico.org.uk. 

If you are unhappy with the way your personal data is being processed, you also have the right to complain to your local supervisory authority.

In France, you can make a complaint to CNIL on its website www.cnil.fr or by post to the following address : 3 Place de Fontenoy, TSA 80715, 74334 Paris Cedex 07.

While you are always free to get in touch with your supervisory authority, we ask that you please try to settle any disputes with us first.

Please send us a request at the address or email listed at the end of this policy below if you wish to exercise any of the rights mentioned above. Please specify in your message which right you wish to exercise and which information you wish to access, review, correct, or delete.

Before providing you with the Personal Data you’ve requested, we may need more proof of your identity for security reasons. In cases where it is legal, such as, when your request is obviously unreasonable or excessive, we reserve the right to charge a fee.

We will use every reasonable effort to promptly honor your request, subject to legal and other permissible considerations, or we will let you know if we need more details to complete your request.

It is possible that we won’t always be able to fully satisfy your request, for instance, if doing so would violate our obligation of confidentiality to others or if we have another legal option.

9.2 You can exercise your rights by contacting us using the details listed in paragraph 10 below.

10. QUESTIONS AND CONCERNS

10.1 If you have any questions or concerns about Chenavari Investment Managers’ handling of your Personal Data, or about this Policy, please contact us using the following contact information:
Address: 80 Victoria Street, London SW1E 5JL

Email Address: dataprotectionofficer@chenavari.com

We are usually able to resolve privacy questions or concerns promptly and effectively. If you are not satisfied with the response you receive from us, you may escalate concerns to the applicable privacy regulator in your jurisdiction. Upon request, Chenavari Investment Managers will provide you with the contact information for that regulator.