Privacy Notice
1. Vespa Capital
1.1 In this Privacy Notice “Vespa Capital”, “we”, “us” and “our” means Vespa Capital LLP, its affiliates and any investment funds advised or managed by Vespa Capital or one of its affiliates (collectively, “Vespa Capital Group”).
2. About this Privacy Notice
2.1 This Privacy Notice sets out the basis on which personal data about you will be processed by Vespa Capital. Please take the time to read and understand this Privacy Notice.
2.2 For the purposes of applicable data protection law, including the European Union’s General Data Protection Regulation, Vespa Capital is a data controller in respect of your personal data. Vespa Capital is responsible for ensuring that it processes your personal data in compliance with applicable data protection law.
2.3 This Privacy Notice applies if you:
(A) are a client or prospective client of Vespa Capital;
(B) use any of our products or services;
(C) visit any of our websites; or
(D) have a business relationship with, or provide services to, Vespa Capital.
3. Personal data that Vespa Capital might process
3.1 The personal data we collect and process about you depends on the nature of our relationship with you, but may include:
(A) Information that you provide to Vespa Capital: This might include your name and address (including proofs of name and address), contact details, date of birth, gender, nationality, photograph, signature, copies of identity documents, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information, and political opinions. Such information might be provided in a subscription agreement, deed of adherence or in other documents (as part of an application process or at other times), face-to-face, by telephone, by email or otherwise.
(B) Information that Vespa Capital collects or generates: This includes information that we produce as record of our relationship with you, which might include information: (i) relating to your (or an applicant’s) investment in any fund; (ii) collected in correspondence with you, including via email, call recordings and messages submitted through our websites; and/or (iii) relating to your use of our websites, including via the use of cookies or similar technologies for more information see our Cookies Policy https://www.vespacapital.com/cookies-policy
(C) Information that the Vespa Capital obtains from other sources: This might include information: (i) obtained for the purpose of Vespa Capital’s know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, sanctions checks, among other things); (ii) from government or public bodies, public websites and other public sources; and/or (iii) received from your advisers or from intermediaries.
4. Uses of your personal data
4.1 Your personal data may be collected and processed by Vespa Capital for the following purposes:
(A) Performing our obligations under contracts entered into with, or for the benefit of, you, and to allow you to use and access our products, services and websites.
(B) Communicating with you about changes to our products, services and website, and to communicate any new products and services we offer.
(C) Assessing and processing applications for interests in any investment funds and transfers of any such interests, including performing know-your-client procedures, receiving payments from and making payments to you (or your advisor), calculating net asset value, and overseeing these processes.
(D) General business administration, including: (i) communicating with investors; (ii) communicating with service providers and counterparties (such as our professional advisors including accountancy and audit services); (iii) risk monitoring; (iv) the administration, maintenance and protection of our systems and websites (including IT and communications systems); and (v) monitoring and improving our products and services (including conducting market research).
(E) Compliance with: (i) legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments; and (ii) our internal policies and procedures.
(F) To exercise, establish or defend our legal rights.
4.2 Vespa Capital is entitled to process your personal data in these ways for the following reasons:
(A) We have obtained your consent.
(B) It is necessary for the performance of a contract entered into by, or on behalf of, you.
(C) Processing may be necessary to discharge a relevant legal or regulatory obligation.
(D) We need to in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings.
(E) The processing is necessary for our legitimate business interests (or the legitimate interests of one or more of the Vespa Capital Group entities), such as:
(1) communicating with you about changes to our products, services and website, and to communicate any new products and services we offer; and
(2) general business administration, including: (i) communicating with investors; (ii) communicating with service providers and counterparties (such as our professional advisors including accountancy and audit services); (iii) risk monitoring; (iv) the administration, maintenance and protection of our systems and websites (including IT and communications systems); and (v) monitoring and improving our products and services (including conducting market research).
4.3 In respect of any processing of sensitive personal data falling within special categories of personal data, such as any personal data relating to the political opinions of a politically exposed person, Vespa Capital is entitled to process your personal data because:
(A) we have obtained your explicit consent; or
(B) we need to in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings; or
(C) the processing is necessary for reasons of substantial public interest.
5. Disclosure of your personal data to third parties
5.1 Vespa Capital may from time to time, in accordance with the purposes described above, disclose your personal data to other parties, including:
(A) within the Vespa Capital Group,
(B) professional advisers of the Vespa Capital Group, such as law firms and accountancy
firms;
(C) other service providers of the Vespa Capital Group, including technology service providers;
(D) counterparties; and
(E) courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with Vespa Capital’s instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties.
5.2 Vespa Capital may also disclose your personal data to prospective buyers for due diligence purposes in connection with the any sale of any Vespa Capital Group entity.
6. International transfers of your personal data
6.1 Your personal data may be transferred to and stored by persons outside the jurisdiction in which it was originally collected (including outside of the European Economic Area and UK) (the “Relevant Location”), and in particular may be transferred to and stored by Vespa Capital Group entities or service providers outside the Relevant Location.
6.2 Where personal data is transferred outside the Relevant Location, Vespa Capital will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted under applicable data protection law. For example, the country to which the personal data is transferred may be approved by the data protection authority of the Relevant Location as offering an adequate level of protection for your personal data or the recipient may have agreed to model contractual clauses approved by the data protection authority of the Relevant Location that oblige them to protect the personal data.
6.3 You can obtain more details of the protection given to your personal data when it is transferred outside the Relevant Location, including a copy of any model contractual clauses entered into with recipients of your personal data, by contacting Vespa Capital using the details set out under “Contacting Vespa Capital ” below.
7. Necessity of personal data for an investment in investment funds
7.1 The provision of certain personal data is necessary for interests in certain investment funds to be issued to any applicant and for compliance by Vespa Capital and its service providers with certain legal and regulatory obligations. Accordingly, if certain personal data is not provided when requested, an application for interests in certain investment funds might not be accepted.
8. Retention of personal data
8.1 How long Vespa Capital holds your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which Vespa Capital is using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which Vespa Capital has to keep your personal data).
9. Your rights
9.1 You have a number of legal rights in relation to the personal data that Vespa Capital holds about you. Depending on your location, these rights may include one or more of the following:
(A) The right to obtain information regarding the processing of your personal data and to access to the personal data that Vespa Capital holds about you.
(B) In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that Vespa Capital transmits that data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to Vespa Capital.
(C) The right to withdraw your consent to Vespa Capital’s processing of your personal data. Please note, however, that we may still be entitled to process your personal data if we have another legitimate reason (other than consent) for doing so.
(D) The right to request that Vespa Capital rectifies your personal data if it is inaccurate or incomplete.
(E) The right to request that Vespa Capital erases your personal data in certain circumstances. Please note that there may be circumstances where you ask Vespa Capital to erase your personal data but Vespa Capital is legally entitled to retain it.
(F) The right to object to, and the right to request that Vespa Capital restricts, its processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask Vespa Capital to restrict, its processing of your personal data but Vespa Capital is legally entitled to continue processing your personal data or to refuse that request.
(G) The right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by Vespa Capital .
9.2 You can exercise your rights by contacting us using the details set out under “Contacting Vespa Capital” below. You can find out more information about your rights by contacting an EU data regulator such as the UK’s Information Commissioner’s Office, or by searching its website at ico.org.uk.
10. Contacting Vespa Capital
If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions and requests to Megan Lester at megan@vespacapital.com.