GENERAL PRIVACY NOTICE

Your personal data – what is it?

“Personal data” is any information about a living individual which allows them to be identified from that data (for example a name, photographs, videos, email address, or address). Identification can be by the information alone or in conjunction with any other information. The processing of personal data is governed by the Data Protection Bill/Act 2017 the General Data Protection Regulation 2016/679 (the “GDPR” and other legislation relating to personal data and rights such as the Human Rights Act 1998.

Who are we?

This Privacy Notice is provided to you by Pearl Diver Capital which is the data controller for your data.
Pearl Diver is made up of the following organisations:

• Pearl Diver Capital LLP, a UK Limited Liability Partnership
• Pearl Diver Capital NA Inc., a US Corporation

The organisations referred to above are joint data controllers. This means we are all responsible to you for how we process your data.

This Privacy Notice is sent to you by Pearl Diver Capital on its own behalf and on behalf of each of these data controllers. In the rest of this Privacy Notice, we use the word “we” to refer to each data controller, as appropriate.

What data do the data controllers listed above process?

They will process some or all of the following where necessary to perform their tasks:

• Information obtained from identification documentation (including name, nationality, date of birth and titles, and photographs);
• Contact details such as telephone numbers, addresses, and email addresses;
• Where relevant, or where you provide them to us, we may process work histories, academic and professional qualifications;
• Where you make payments or receive payments from the data controller, financial identifiers such as bank account numbers, payment card numbers, payment/transaction identifiers, and policy numbers;

How do we process your personal data?

The data controllers will comply with their legal obligations to keep personal data up to date; to store and destroy it securely; to not collect or retain excessive amounts of data; to keep personal data secure, and to protect personal data from loss, misuse, unauthorised access and disclosure and to ensure that appropriate technical measures are in place to protect personal data.

We use your personal data for some or all of the following purposes:

• Compliance with our legal obligations (such as record keeping obligations), compliance screening or recording obligations, which may include automated checks of your contact data or other information you provide about your identity against applicable sanctioned‐party lists and contacting you to confirm your identity in case of a potential match or recording interaction with you which may be relevant for compliance purposes;
• To enable us to meet all legal and statutory obligations;
• To carry out comprehensive safeguarding procedures including due diligence and complaints handling;
• To maintain our own accounts and records;
• To notify you of changes to our services;
• Managing and administering you or your organisation’s business relationship with us, including processing payments, accounting, auditing, billing and collection, support services;
• To analyse and improve our services and communications to you;
• For insurance purposes;
• For monitoring and assessing compliance with our policies and standards;
• To identify persons authorised to trade on behalf of our clients, customers, suppliers and/or service providers;
• To comply with our legal and regulatory obligations and requests anywhere in the world, including reporting to and/or being audited by national and international regulatory bodies;
• To comply with court orders and exercises and/or defend our legal rights; and
• To send you communications which you have requested and that may be of interest to you.
• For any purpose related and/or ancillary to any of the above or any other purpose for which your personal data was provided to us.

What is the legal basis for processing your personal data?

Most of our data is processed because it is necessary for our legitimate interests, or the legitimate interests of a third party (such as a fund administrator). We will always take into account your interests, rights and freedoms.

Some of our processing is necessary for compliance with a legal obligation. For example, for due diligence and KYC procedures.

We may also process data if it is necessary for the performance of a contract with you, or to take steps to enter into a contract.

Where your information is used other than in accordance with one of these legal bases, we will first obtain your consent to that use.

Sharing your personal data

Your personal data will be treated as strictly confidential. It will only be shared with third parties where it is necessary for the performance of our tasks or where you first give us your prior consent. It is likely that we will need to share your data with some or all of the following (but only where necessary):

• Fund administrators;
• Outsourced accountants; For example, for payment of invoices;
• Insurance brokers;

Personal data about other people which you provide to us

If you provide personal data to us about someone else (such as one of your directors or employees, or someone with whom you have business dealings) you must ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this Privacy Policy. In particular, you must ensure the individual concerned is aware of the various matters detailed in this Privacy Notice, as those matters relate to that individual, including our identity, how to contact us, our purposes of collection, our personal data disclosure practices (including disclosure to overseas recipients), the individual’s right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided (such as our inability to provide services).

How long do we keep your personal data?

We will keep some records permanently if we are legally required to do so. We may keep some other records for an extended period of time. For example, it is current best practice to keep financial records for a minimum period of 7 years to support HMRC audits. In general, we will endeavour to keep data only for as long as we need it. This means that we may delete it when it is no longer needed.

Keeping personal data about you secure

We will take appropriate technical and organisational measures to keep your personal data confidential and secure in accordance with our internal procedures covering the storage, disclosure of and access to personal data. Personal data may be kept on our personal data technology systems, those of our contractors or in paper files.

Your rights and your personal data

You have the following rights with respect to your personal data:

When exercising any of the rights listed below, in order to process your request, we may need to verify your identity for your security. In such cases we will need you to respond with proof of your identity before you can exercise these rights.

1. The right to access information we hold on you

• At any point you can contact us to request the information we hold on you as well as why we have
  that information, who has access to the information and where we obtained the information from.
  Once we have received your request we will respond within one month.
• There are no fees or charges for the first request but additional requests for the same data may be
  subject to an administrative fee.

2. The right to correct and update the information we hold on you

• If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.

3. The right to have your information erased

• If you feel that we should no longer be using your data or that we are illegally using your data, you can request that we erase the data we hold.
• When we receive your request we will confirm whether the data has been deleted or the reason why
  it cannot be deleted (for example because we need it for our legitimate interests or regulatory
  purpose(s)).

4. The right to object to processing of your data

• You have the right to request that we stop processing your data. Upon receiving the request we will contact you and let you know if we are able to comply or if we have legitimate grounds to continue to process your data. Even after you exercise your right to object, we may continue to hold your data to comply with your other rights or to bring or defend legal claims.

5. The right to data portability

• You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.

6. The right to withdraw your consent to the processing at any time for any processing of data to which consent was sought.

• You can withdraw your consent easily by telephone, email, or by post (see Contact Details below).

7. The right to object to the processing of personal data where applicable.

8. The right to lodge a complaint with the Information Commissioner’s Office.

Transfer of Data Abroad

Any electronic personal data transferred to countries or territories outside the EU will only be placed on systems complying with measures giving equivalent protection of personal rights either through international agreements or contracts approved by the European Union. Our website is also accessible from overseas so on occasion some personal data may be accessed from overseas.

Changes to this notice

This Privacy Notice was last updated in May 2018. We reserve the right to update and change this Privacy Notice from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. In case of any such changes, we will post the changed Privacy Notice on our website or publish it otherwise. The changes will take effect as soon as they are posted on this website.

Further processing

If we wish to use your personal data for a new purpose, not covered by this Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

Contact Details

Please contact us if you have any questions about this Privacy Notice or the information we hold about you or to exercise all relevant rights, queries or complaints at:

The Data Controller,
Email: Francesca.watson@pearldivercap.com

You can contact the Information Commissioners Office on 0303 123 1113 or via email
https://ico.org.uk/global/contact‐us/email/ or at the Information Commissioner’s Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF.