We may collect personal data of individuals from time to time in connection with our clients, prospective clients or other third parties or their employees, directors, officers or representatives (any of whom are referred to as “you” in this statement). Depending on the location where services are provided, Aptimus Capital Partners (Ireland) Limited, Aptimus Capital Partners (London) Limited or Aptimus Capital Partners (Spain) S.L. may be the data controller in relation to your personal data.

This Notice explains how we use your personal data.

If you are a legal entity or partnership, by engaging in the provision of services with us, you confirm to us that you have provided your employees, directors, officers or representatives with the information set out in this statement and that they have consented to us using, in accordance with this statement, any personal data about them that you provide to us in connection of our financial services business. By continuing to engage in the provision of services with us, you authorise us to use and transfer the personal data about your employees, directors, officers or representatives in accordance with this statement as amended from time to time in accordance with the “Notification of changes” section below.

We may control, process and use your “personal data” which may include names, postal addresses, e-mail addresses, telephone numbers or any other personal data that you provide to us. We may also, in appropriate cases and to the extent permitted by law, control, process and use certain “sensitive personal data” (e.g. when undertaking “Know Your Customer” (“KYC”) or anti-money laundering (“AML”) checks, we may collect information about any offences that you or your employees, directors, officers or representatives have committed and biometric data, if previously agreed with you, for identification verification purposes. We will offer alternative options for identification verification purposes to those data subjects who do not wish to provide us with their biometric data. For the purposes of the relevant jurisdiction in which we receive your personal data we are respectively the data controller or the data user of your personal data.

In the course of running our financial services business we may provide your personal data to any of the following recipients or categories of recipients:

• Our employees, board members, partners, officers or representatives;
• Our third-party service providers, business associates, distributors, advisors or auditors (including their employees, directors, officers, sub-contractors or representatives);
• Domestic and foreign regulators (“Regulators”), governments, law prevention, detection, investigation or enforcement authorities, tax, social or labour authorities (“Authorities”) and any other authorities or official bodies and their representatives;
• Domestic and foreign courts, tribunals, arbitrators, ombudsmen, mediators, other dispute resolution bodies (“Courts/Tribunals”) and their representatives;
• Any person that you request us or permit us to keep informed. If you no longer wish us to share your personal data with such person(s) or wish to change your preferences in this respect, please inform compliance@aptimuscapital.com

When we provide your personal data to any of the above recipients, that recipient may process your personal data on our behalf or for its own purposes. If the recipient processes the personal data for its own purposes, it will be responsible for its compliance with any applicable law with regard to your personal data.

We may process, use or transfer your personal data for the following purposes connected to our financial services business:

• Administering the provision of services between us including, without limitation, billing, internal reporting and analysis and any other ancillary matters;
• Complying with any present or future law, rule, regulation, guidance, decision or directive (including those concerning anti-terrorism, fraud, AML and anticorruption) and, in appropriate cases, carrying out KYC, reputational and financial checks and other procedures that we undertake as part of our business acceptance, finance and administration processes;
• Establishing, exercising or defending rights;
• Complying with demands and requests made by, or making voluntary disclosures to Regulators, governments, Authorities or Courts/Tribunals;
• Obtaining advice, receiving services or providing a third party with information about matters that may impact on Aptimus Capital.
• Providing you with marketing information relating to our products or services; and
• Any other purposes that are incidental to or directly connected with the foregoing purposes or otherwise in the course of our legitimate financial services business activity.

We are entitled to process your personal data in these ways for the following reasons:

1. Processing may be necessary to discharge a relevant legal or regulatory obligation.
2. The processing will, in all cases, be necessary for the legitimate business interests of Aptimus Capital or another person, such as:
   1. Carrying out the ordinary or reasonable business activities of or other activities previously disclosed to you or referred to in this privacy notice;
   2. Ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
   3. Establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and
   4. Ensuring the security of information systems.
3. In respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be necessary for reasons of substantial public interest.

If you do not wish to provide your personal data for any of the purposes listed immediately above except for the purpose of providing you with marketing information, we will not be able to provide our financial services to you.

For the purpose of providing you with marketing information relating to our products or services, you are providing your personal data to us on a voluntary basis.

Your personal data collected by Aptimus Capital will be stored in Aptimus’s servers in Ireland and may be transferred to any of the potential recipients identified in this statement in connection with our financial services business, some of which may be outside the EEA including but not limited to the UK (where Aptimus Capital Partners (London) Limited is located), and may be processed by us and any of these recipients in any country worldwide.

Where personal data is transferred outside the EEA, we will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted under applicable law. For example, the country to which the personal data is transferred may be approved by the European Commission or the recipient may have agreed to model contractual clauses approved by the European Commission that oblige them to protect the personal data.

You can obtain more details of the protection given to your personal data when it is transferred outside the EEA, including a copy of any standard data protection clauses entered into with recipients of your personal data, by contacting us using the details set out under “Contacting Aptimus” below.

It is important for us to maintain accurate records of your personal data. Please inform us of any changes to or errors in your personal data as soon as possible and we will update our records accordingly.

We will only retain your personal data for as long as, in our reasonable opinion, is necessary to comply with applicable law or for the purposes for which we process your personal data (as set out in this statement).

To the extent permitted by and in accordance with applicable law, we may monitor and/or record your telephone calls with us.

You have a number of legal rights in relation to the personal data that we hold about you. These rights include the following:

1. The right to obtain information regarding the processing of your personal data and access to the personal data that we hold about you.
2. 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 we transmit 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 us.
3. The right to request that we rectify your personal data if it is inaccurate or incomplete.
4. The right to request that we erase your personal data in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal data, but we are legally entitled to retain it.
5. The right to object to, and the right to request, that we restrict our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict its processing of your personal data but we are legally entitled to continue processing your personal data or to refuse that request.
6. 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 us.

You can exercise your rights by contacting us using the details set out under “Contacting Aptimus” below. You can find out more information about your rights by contacting an EU data regulator such as the Irish Data Protection Commission (or by searching their website at www.dataprotection.ie) or by contacting the UK data regulator, the Information Commissioner’s Office (or by searching their website at www.ico.org.uk).

We use Google Analytics to collect information about visitor behaviour on our website. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. This Analytics data is collected via a JavaScript tag in the pages of our site and is not tied to personally identifiable information. Unless you complete a sign-up form, we therefore do not collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.

You can find out more about how Google uses information from sites that use its analytics service at https://policies.google.com/technologies/partner-sites.

If you have any questions or comments on this statement please contact compliance@aptimuscapital.com

This Notice is dated 1 January 2021. From time to time we may amend this Notice without warning and an amended statement will be available by contacting compliance@aptimuscapital.com

This may be for a number of reasons, including changes in law, market practice or our treatment of your personal data.