GLOBAL PRIVACY NOTICE
Last updated: September 30, 2019
Autonomy Capital (“Autonomy”) collects nonpublic personal information (“NPI”) from current, former and prospective Clients primarily to process requests and transactions, provide customer service, and communicate information about advisory products and services. Autonomy respects the privacy of its Clients and will not use or disclose NPI for any purpose other than in connection with the servicing of Clients accounts and as required or authorized by law. This Policy details Autonomy’s privacy practices, and may be updated from time to time to reflect business changes or legal requirements. Please check back frequently for any updates.
The NPI that Autonomy collects about investors includes:
-information Autonomy receives from an investor on managed account agreements, fund subscription documents and related forms or through its website, such as name, address, Social Security number, birth date, assets, income, and investment experience; and
-information about an investor’s transactions with Autonomy, its affiliates, or others, such as account activity and balances.
Clients should note that this privacy notice does not prevent Autonomy from disclosing to appropriate third parties such information that Autonomy or the third party may, in its sole discretion, deem necessary or advisable in order to comply with applicable anti-money laundering and other applicable United States or foreign laws and regulations or as may be required by regulatory authorities with jurisdiction over Autonomy’s activities.
Autonomy restricts access to NPI that Autonomy collects about a Client to its personnel who need to know that information in order to provide products or services to the investor and to administer the firm as referenced above. Autonomy maintains physical, electronic and procedural controls in accordance with regulations of the Securities and Exchange Commission and other pertinent regulatory bodies, to safeguard NPI.
Autonomy will not market to any consumer based on any “eligibility information” about such consumer received from its affiliates, or share with any affiliate for marketing purposes any investor’s “eligibility information”, unless such consumer or investor has (i) received notice of the potential marketing use of such information; (ii) been provided a reasonable opportunity and a simple method to opt out of receiving the marketing solicitation; and (iii) has not opted out.
If you have questions or concerns about our use of the data and information you provide, please contact Autonomy at email@example.com.
We use third-party web analytics services on our website, such as Google Analytics. Analytics providers use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use our website. The information collected through these means (including IP addresses) is disclosed to our analytics provider, who uses data to evaluate our website. To learn more about Google Analytics and how to opt out, please visit: https://www.google.com/analytics/terms/us.html
Autonomy Capital – Privacy Notice for Investors in the European Economic Area (the “EEA”), the United Kingdom, Jersey and/or Switzerland, and Investors in our Cayman Islands investment funds
This notice sets forth the privacy practices of Autonomy and its affiliates and Cayman Islands investment funds (collectively, “Autonomy”) with respect to the personal data of Investors (and directors, officers, employees and/or beneficial owners of investors) in the funds for which Autonomy serves as investment adviser or general partner or in some similar capacity (“Investor Personal Data”). For the purposes of applicable data protection laws, Autonomy is the data controller. The administrator of the funds or its affiliates (collectively, the “Administrator”) may also act as a data controller of Investor Personal Data in connection with the performance of its legal and contractual obligations as Administrator of the funds. For further information you can access the Administrator’s privacy notice at: https://citco.com/footer/privacy-policy/ This Data Privacy Notice only applies to Investors in the EEA, the United Kingdom, Jersey and/or Switzerland, and Investors in our Cayman Islands investment funds. Investors must provide a copy of this Notice to any third parties whose personal data an Investor discloses to Autonomy and/or the Administrator.
Data That May Be Collected. Autonomy and/or the Administrator may collect certain Investor Personal Data, including, without limitation, (a) information received from an Investor, such as social security number, tax identification number, account information and wire transfer instructions and (b) information about an Investor’s transactions with any affiliates of Autonomy or non-affiliated third parties, such as account balances, account numbers and account activity. Autonomy and/or the Administrator may obtain such Investor Personal Data when the Investor makes an investment in an Autonomy fund, provides information on the Investor’s subscription documents and related forms, gives contact information, makes a wire transfer, provides government-issued ID, makes an additional contribution to an Autonomy fund or requests a redemption. Where Autonomy or the Administrator requires Investor Personal Data to comply with legal requirements, failure to provide this information may result in Autonomy terminating its relationship with the Investor.
Use of Investor Personal data. Autonomy and/or the Administrator will use Investor Personal Data in the course of business for tasks such as, processing transactions, performing general, financial and regulatory accounting and reporting, maintaining investor accounts, carrying out anti-money laundering checks and related actions, and responding to court orders and legal investigations. Autonomy and/or the Administrator may also use Investor Personal Data to communicate with Investors and offer products and services to Investors. The provision of Investor Personal Data by an Investor may be necessary for the performance of any contractual relationship with the Investor, for compliance with legal or regulatory obligations, and for the other purposes as set out in this Notice where in the legitimate interests of Autonomy and/or the Administrator. Where Autonomy and/or the Administrator, requires your Personal Data to comply with anti-money laundering or other legal requirements, failure to provide this data means the Investor may not be accepted or may result in the relationship with the Investor being terminated.
Disclosure to Certain Third Parties. Autonomy and/or the Administrator may disclose certain Investor Personal Data: (i) to its affiliates, service providers, such as transfer agents, custodians, broker-dealers, accountants and lawyers, in connection with the oversight, safekeeping, administration, distribution or operation of the funds; (ii) to fraud prevention agencies and law enforcement agencies in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; (iii) to courts, governmental and non-governmental regulators and ombudsmen; (iv) to any third party that acquires, or is interested in acquiring or securitizing, all or part of Autonomy’s or Administrator’s assets or shares, or that succeeds Autonomy or Administrator in carrying on all or a part of its business, whether by merger, acquisition, reorganization or otherwise; or (v) as required or permitted by law, including to comply with a subpoena or similar legal process or government request, or when Autonomy and/or Administrator believes in good faith that disclosure is legally required or Autonomy and/or Administrator has a legitimate interest in making a disclosure, such as where necessary to protect Autonomy’s and/or Administrator’s rights and property.
Transfer of Investor Personal Data Outside the EEA, the United Kingdom, Jersey and/or Switzerland, and other international transfers. Autonomy may disclose Investor Personal Data to recipients (including affiliates) located in countries outside of the EEA, the United Kingdom, Jersey and/or Switzerland, including in the U.S., which may not have data privacy laws equivalent to those the EEA, the United Kingdom, Jersey and/or Switzerland (as applicable). In such a case, Autonomy will take all necessary steps to ensure the safety of Investor Personal Data in accordance with applicable data protection laws. Autonomy has, inter alia, authorized the Administrator as its agent to ensure the transfer of data by the Administrator outside of the EEA, the United Kingdom, Jersey and/or Switzerland is subject to and governed by data transfer agreements, designed to ensure that Personal Data is protected.
Any international transfer of personal information by us or our duly authorized affiliates and/or delegates shall be in accordance with the requirements of the Data Protection Law, 2017 of the Cayman Islands (“DPL"), where applicable, and may include the foregoing measures.
Accountability for Onward Transfer. Where Autonomy transfers Personal Data from EU, British and Swiss individuals, or Personal Data of Investors in our Cayman Islands investment funds, covered by our Privacy Shield certification to a third party, we will do so consistent with the notice provided to you and any consent provided (if applicable), and contractually require the third party to process the Personal Data for limited and specified purposes consistent with the lawful basis for processing; provide at least the same level of protection as required under the Privacy Shield Principles and provide us notice of any concerns in its ability to comply with these promises. Autonomy remains liable under the Privacy Shield Principles where any third party service provider processes Personal Data subject to its Privacy Shield certification in a manner inconsistent with the Principles, except where Autonomy is otherwise not responsible for the event giving rise to the damage.
Retention. Autonomy and the Administrator will retain Investor Personal Data in accordance with Autonomy’s record-keeping policies and procedures and for as long as required to comply with applicable legal/regulatory obligations. Further details are available on request.
Security. Autonomy will take steps to protect Investors’ personal data against loss or theft, as well as from unauthorized access, disclosure, copying, use or modification, regardless of the format in which it is held. All Investor personal data will be retained in accordance with Autonomy’s record-keeping policies and procedures.
To Exercise your Privacy Rights and Choices, or to Contact us. All inquiries, requests or concerns regarding this Notice, or any requests to exercise your privacy and data protection choices and rights, or any other question or comment relating to the processing of Investor Personal Data should be sent to firstname.lastname@example.org and one of our Data Protection Representatives below. We will respond to you as soon as reasonably possible, but at least within 30 calendar days.
Data Protection Representatives:
Ciena Evasco (UK Representative) – email@example.com
Kelly Gouveia (Jersey Representative) – firstname.lastname@example.org
Recourse, Enforcement and Liability. Autonomy’s participation in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework is subject to investigation and enforcement by the Federal Trade Commission. In compliance with the Privacy Shield Principles, after you have contacted us at the email above, if we are unable to resolve your concerns, Autonomy has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. If we are unable to resolve your concerns, or you do not receive a timely acknowledgement of your complaint, please visit https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.