This Privacy Notice is provided by Monarch Alternative Capital LP, 535 Madison Avenue, New York, NY 10022 and Monarch Alternative Capital (Europe) Ltd, 50-52 Welbeck Street, 1st Floor, London W1G 9HL, which, directly or indirectly, act as investment adviser or agent to the fund(s) or other vehicles in which you invest (the “Fund”) and are data controllers for purposes of the Data Protection Act 2018, the EU General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Law, 2017 of the Cayman Islands, each, as may be amended from time to time (together the “Data Protection Legislation”) of the personal information which you give to us. This Privacy Notice sets forth the policies of the Fund with respect to the collection, sharing and protection of personal information of the Fund’s investors, prospective investors and former investors and other individuals whose personal information we process. In the United States, these policies apply to individuals and Individual Retirement Accounts only. In the United Kingdom and in the European Union, these policies apply to all individuals whose personal data, as defined in the Data Protection Legislation, we process. In the Cayman Islands, these policies apply to individuals whose personal data, as defined in the Data Protection Law, we process. Please read this Privacy Notice carefully to understand what the Fund does as regards your personal information.
Monarch Alternative Capital (Europe) Ltd has notified the Information Commissioner’s Office of its activities in accordance with the Data Protection Legislation (Registration No. ZA084739). This notification can be viewed at ico.org.uk.
2. INFORMATION WE MAY COLLECT FROM YOU
Information you give us. You may provide us with personal information, such as your name, address, contact information, regulatory status, date of birth, place of birth, occupation, bank account information, social security number, passport number, identity card number, assets and/or income information: (i) in Subscription Agreements and related documents; (ii) in correspondence and conversations with the Fund’s representatives, consultants, placement agents and administrator; (iii) through our website (including certain technical information); and (iv) through transactions in the Fund. Some of this information is collected and processed for the purpose of legal compliance and some for the purposes of our legitimate business interests (subject to your rights), and in order to continually provide and improve our business and services (including, without limitation, our website).
Information we receive from other sources. We work closely with third parties (including, for example, business partners, sub-contractors in technical services, analytics providers, search information providers, credit reference agencies, placement agents, brokers, consultants, administrators, auditors, legal advisors) and may receive information about you from them. Where this is the case the relevant third party is responsible for obtaining the relevant consents from you (if necessary) to ensure you are happy with the ways in which your personal data will be used.
4. USES MADE OF YOUR INFORMATION
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to provide you with access to certain parts of our website;
- to administer our website;
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to comply with our on-boarding, “know your client”, and anti-money laundering obligations;
- to comply with regulatory, contractual, counterparty and other legal requirements applicable to us and the Funds in which you invest;
- to provide you with information about other funds or advisory services we offer that are similar to those that you have already invested in, subject to receiving your consent and consistent with applicable law. Where you have elected to receive such information, this may be provided by telephone, email or an in-person meeting;
- to notify you about changes to our advisory services;
- to update you in respect of your investment;
- to ensure that content from our website is presented in the most effective manner for you and for your computer or your smartphone browser;
- to enable your use of the advisory services, including our investor portal, available on the website; and
- to deal with enquiries and complaints made by or about you relating to our advisory services, or our website.
- to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our website to ensure that content is presented in the most effective manner for you and for your computer; and
- as part of our efforts to keep our website safe and secure.
5. DISCLOSURE OF YOUR INFORMATION
We do not disclose any of your personal information to anyone other than to: (i) members of our group, which includes our subsidiaries and affiliates, (ii) our group’s attorneys, auditors, counterparties, brokers, other financial institutions or service providers, in each case only as necessary to facilitate the acceptance and management of your investment and/or for operational and/or administrative purposes, (iii) regulators or other government agents purporting to have jurisdiction over the group, including in connection with any government or self-regulatory organization request or investigation, (iv) tax authorities in the relevant jurisdictions as requested by such authority or as required by applicable laws and regulations of such jurisdictions and (v) as may otherwise be permitted by law. Anti-money laundering and similar laws or policies purported to be adopted by market participants may require or request of us, for example, to disclose information about the Fund’s investors. We will also release information about you if you direct us to do so or if we are compelled to do so by law (whether by oral question, interrogatory, subpoena, civil investigative demand or similar process) or by order of any court. In the event we seek to buy or sell any business or assets, we may release information about you to the prospective buyer or seller and if we or substantially all of our assets are acquired by a third party your personal data will be one of the transferred assets. We ask all of the third parties to whom we send your personal information to treat it securely and in accordance with this Privacy Notice, and will take reasonable steps to enforce this.
Where you consent, we may allow carefully selected third parties, including placement agents or group companies to contact you about services that may be of interest to you. They may contact you by telephone or e-mail. If you change your mind about being contacted by these companies in the future, please let us know by contacting us via the details set out in Section 9 below. You may also opt out of receiving any marketing communications you receive by following the instructions outlined in these communications. We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
We will carefully safeguard your private information and, to that end, we restrict access to personal information about you to those employees and other persons who need to know the information to enable the Funds to provide services to you. We maintain appropriate physical, electronic and procedural safeguards to protect your personal information and we only keep your information for as long as Data Protection Legislation allows.
All information you provide to us is stored on our secure servers and third-party back-up servers. Any payment transactions will be effectuated using appropriate technology. If we have given you (or you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take reasonable precautions to protect your personal information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security measures to try to prevent unauthorized access to it. Please note that information that we obtain from you may be transferred to, and stored at, a destination outside of the European Economic Area (“EEA”) and/or the Cayman Islands, which will be accessible by employees and other persons working on our behalf, located outside of the EEA and/or the Cayman Islands, including to certain service providers (including but not limited to technical service providers and electronic data storage providers) who may process the information you give us. By submitting your personal data, you are acknowledging this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Notice and the Data Protection Legislation. Depending on where the investor is resident, this may mean that we will only generally transfer your information to third parties (a) that are in countries that have been confirmed by the European Commission or the Cayman Islands, as applicable, to provide an adequate level of protection to personal information; (b) to whom the transfer of such information is made pursuant to a contract that is compliant with the model contracts for the transfer of personal data to third countries from time to time approved by the European Commission; or (c) that are based in the United States if they are part of the EU-U.S. Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the United States, or otherwise in accordance with the Data Protection Legislation.
Further information on specific mechanisms which we may use when transferring personal data outside the EEA and the countries to which such transfer may be made (which may include, but are not limited to, the United States and the Cayman Islands), may be obtained from us upon request at the contact details provided below.
6. YOUR RIGHTS
You have the right to see the information we hold about you and to ask us to: (a) make any changes to ensure that any information we hold about you is accurate and up to date; (b) erase or stop processing any information we hold about you where there is no longer a legal ground for us to hold it; or (c) transfer any information we hold about you to a specified third party. If you wish to do this, please contact us using the contact details set out below. The supply of appropriate evidence of your identity will be required when making such a request. For this purpose, we will usually accept a photocopy of your passport certified by a lawyer or bank plus an original copy of a utility bill showing your current address. We may withhold such personal information to the extent permitted by law.
We will usually inform you (before collecting your information) if we intend to use your information for marketing purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us via the details set out at Section 9.
You also have the right to be informed of a personal data breach (unless the breach is unlikely to be prejudicial to you).
Should you have any queries or complaints in relation to how we use your information, please contact us via the details set out at Section 9 below. Should you wish to take any complaints or queries further, you have the right to contact the Information Commissioner’s Office (or equivalent local data protection authority) regarding such issues.
The Fund’s administrator (the “Administrator”) may be engaged in controlling and/or processing personal data for the purposes of the Data Protection Legislation. It receives personal data from individuals investing in the Fund and officers and employees of corporate and other institutional investors in the Fund. The Fund has therefore appointed the Administrator as a “processor” of personal data on its behalf. In some circumstances, the Administrator may use the personal data it receives from the Fund for purposes other than the provision of services to the Fund, including but not limited to the completion of due diligence on investors. In such circumstances, the Administrator is acting as a “controller” of personal data received from the Fund, as it determines the purposes and means of processing the personal data.
8. CHANGES TO THIS PRIVACY NOTICE
We may update this Privacy Notice from time-to-time at our sole discretion. If any changes would require a material amendment to the information set out herein, details of such changes will be made available in the current version of this Privacy Notice as available from time to time. If you do not agree to any changes we make to this Privacy Notice you must not continue to use our services.
Questions, comments and requests regarding this Privacy Notice are welcomed and should be addressed to firstname.lastname@example.org.
You also have the right to make a complaint at any time to the Information Commissioner’s Office (https://ico.gov.uk), the UK supervisory authority for data protection issues and, as applicable, the Ombudsman of the Cayman Islands.
LAST UPDATED: February 2020