Your privacy is important to Novo Tellus and our private funds. We are committed to protecting your privacy when you provide information to us, including information that is personally identifiable. This notice explains our personal information policies and practices, including the purposes for which we may collect your information, the circumstances in which we may disclose that information to third parties, and the measures we take to secure the confidentiality of your information. The notice also provides contact information you may use to address any privacy concerns you may have or to exercise your right to limit or control the data we collect from you.
Cayman Islands Data Privacy Notice
for investors in Novo Tellus funds
The purpose of this document is to provide investors in Novo Tellus funds (the "Funds") with information on the Funds' use of your personal data in accordance with the Cayman Islands Data Protection Act (As amended) and, in respect of EU data subjects, the EU General Data Protection Regulation (together, the "Data Protection Legislation").
If you are an individual investor, this will affect you directly. If you are an institutional investor that provides us with personal data on individuals connected to you for any reason in relation to your investment with us, this will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.
Your personal data will be processed by the Funds, and by persons engaged by the Funds. Under the Data Protection Legislation, you have rights, and the Funds has obligations, with respect to your personal data. The purpose of this notice is to explain how and why the Funds, and persons engaged by the Funds, will use, store, share and otherwise process your personal data. This notice also sets out your rights under the Data Protection Legislation, and how you may exercise them.
Your personal data
By virtue of making an investment in the Funds (including the initial application and ongoing interactions with the Funds and persons engaged by the Funds) or by virtue of you otherwise providing us with personal information on individuals connected with you as an investor (for example directors, trustees, employees, representatives, shareholders, investors, clients, beneficial owners or agents), you will provide us with certain personal information which constitutes personal data within the meaning of the Data Protection Legislation. In particular, you will provide us with personal information within the forms and any associated documentation that you complete when subscribing for interests; when you provide it to us or our service providers in correspondence and conversations (including by email); when you make transactions with respect to the Funds; and when you provide remittance instructions.
We may also obtain personal data on you from other public accessible directories and sources. These may include websites; bankruptcy registers; tax authorities; governmental agencies and departments, and regulatory authorities, to whom we have regulatory obligations; credit reference agencies; sanctions screening databases; and fraud prevention and detection agencies and organisations, including law enforcement.
This includes information relating to you and/or any individuals connected with you as an investor in the Funds such as: name, residential address, email address, contact details, corporate contact information, signature, nationality, place of birth, date of birth, tax identification, credit history, correspondence records, passport number, bank account details, and source of Fundss details and details relating to your investment activity.
How the Funds may use your personal data
The Funds, as the data controller, may collect, store and use your personal data for purposes including the following.
The processing is necessary for the performance of a contract, including:
administering or managing the Funds;
processing your subscription and investment in the Funds, such as entering your information in the register of shareholders;
sending you statements relating to your investment;
facilitating the continuation or termination of the contractual relationship between you and the Funds; and
facilitating the transfer of Fundss, and administering and facilitating any other transaction, between you and one or more of the Funds.
The processing is necessary for compliance with applicable legal or regulatory obligations, including:
undertaking investor due diligence including anti-money laundering and counter-terrorist financing checks, including verifying the identity and addresses of our investors (and, where applicable, their beneficial owners);
sanctions screening and complying with applicable sanctions and embargo legislation;
complying with requests from regulatory, governmental, tax and law enforcement authorities;
surveillance and investigation activities;
carrying out audit checks, and instructing our auditors;
maintaining statutory registers; and
preventing and detecting fraud.
In pursuance of our legitimate interests, or those of a third party to whom your personal data are disclosed, including:
complying with a legal, tax, accounting or regulatory obligation to which we or the third party are subject;
assessing and processing requests you make;
sending updates, information and notices or otherwise corresponding with you in connection with your investment in the Funds;
investigating any complaints, or pursuing or defending any claims, proceedings or disputes;
providing you with, and informing you about investment products and services;
managing our risk and operations;
complying with audit requirements;
ensuring internal compliance with our policies and procedures;
protecting the Funds against fraud, breach of confidence or theft of proprietary materials;
seeking professional advice, including legal advice;
facilitating business asset transactions involving the Funds or related entities;
monitoring communications to/from us (where permitted by law); and
protecting the security and integrity of our IT systems.
We will only process your personal data in pursuance of our legitimate interests where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights or freedoms.
The Funds continues to be a data controller even though it has engaged an administrator (the "Administrator") and other third parties to perform certain activities on the Funds' behalf.
Sharing your personal data
We may share your personal data with our affiliates and delegates. In certain circumstances we may be legally obliged to share your personal data and other financial information with respect to your interest in the Funds with relevant regulatory authorities such as the Cayman Islands Monetary Authority or the Tax Information Authority. They, in turn, may exchange this information with foreign authorities, including tax authorities and other applicable regulatory authorities.
The Funds’s affiliates and delegates may process your personal data on the Funds' behalf, including with our banks, accountants, auditors and lawyers which may be data controllers in their own right. The Funds' services providers, such as the Administrator, are generally processors acting on the instructions of the Funds. Additionally, a service provider may use your personal data where this is necessary for compliance with a legal obligation to which it is directly subject (for example, to comply with applicable law in the area of anti-money laundering and counter terrorist financing or where mandated by a court order or regulatory sanction). The service provider, in respect of this specific use of personal data, acts as a data controller.
In exceptional circumstances, we will share your Personal Data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened) in any country or territory.
Sending your personal data internationally
Due to the international nature of our business, your personal data may be transferred to jurisdictions that do not offer equivalent protection of personal data as under the Data Protection Legislation. In such cases, we will process personal data or procure that it be processed in accordance with the requirements of the Data Protection Legislation, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf.
Retention and deletion of your personal data
We will keep your personal data for as long as it is required by us. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us to. We will generally retain your personal data throughout the lifecycle of the investment you are involved in. Some personal data will be retained after your relationship with us ends. We expect to delete your personal data (at the latest) once there is no longer any legal or regulatory requirement or legitimate business purpose for retaining your personal data.
We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your personal data, unless we have considered the proposed processing in a particular case and concluded in writing that it meets the applicable requirements under the Data Protection Legislation.
You have certain data protection rights, including the right to:
be informed about the purposes for which your personal data are processed;
access your personal data;
stop direct marketing;
restrict the processing of your personal data;
have incomplete or inaccurate personal data corrected;
ask us to stop processing your personal data;
be informed of a personal data breach (unless the breach is unlikely to be prejudicial to you);
complain to the Data Protection Ombudsman; and
require us to delete your personal data in some limited circumstances.
We are committed to processing your personal data lawfully and to respecting your data protection rights. Please contact us if you have any questions about this notice or the personal data we hold about you. Our contact details are: firstname.lastname@example.org marking your communication "Data Protection Enquiry".
Singapore Personal Data Protection Act Notice
for investors in Novo Tellus funds
The purpose of this document is to provide investors in Novo Tellus funds (the "Funds") with information on the Funds' use of your personal data in accordance with the Singapore Personal Data Protection Act 2012 of Singapore and its regulation(s) (“PDPA”).
This policy does not override data protection requirements in the other above mentioned policies to the extent those requirements are in addition to the requirements of this policy or protect personal data to at least the same standard as this policy. This policy overrides the data protection requirements in the other above-mentioned policies to the extent this policy imposes additional requirements or requires a higher standard of protection of personal data. For the avoidance of doubt, nothing herein shall require the Funds to act in breach of applicable Singapore laws.
We will collect, use or disclose personal data for reasonable business purposes only if there is consent or deemed consent from the individual and information on such purposes have been notified. We may also collect, use or disclose personal data if it is required or authorised under applicable laws.
Collection of Personal Data
We collect personal data when it is necessary for business purposes or to meet the purposes for which the investors have submitted the information.
We will only collect, hold, process, use, communicate and/or disclose such personal data, in accordance with this policy.
Use of Personal Data
We use your personal data for the following purposes:
to provide our services
to respond to the investor’s request or for the purposes for which it was provided to us as stated at the time of the collection (or as is obvious from the context of collection)
to maintain contact with investors and other contacts
to keep investors and other contacts informed of the services we offer, industry developments and other information that may be of interest to them
for general management and reporting purposes, such as fund reporting and communications
all other purposes related to our business.
Any investor may choose to unsubscribe from mailing lists, registrations, or elect not to receive further marketing information from us by contacting our Data Protection Officer, or if we have contacted such investor by email, such investor may use the unsubscribe function in that email to notify us. Such requests will be processed within 28 days.
Disclosure of Personal Data to Third Parties
We do not disclose personal data to third parties except when required by law, when we have the investor’s consent or deemed consent or in cases where we have engaged third parties such as data intermediaries or subcontractors specifically to assist with our firm’s activities. Any such third parties whom we engage will be bound contractually to keep all information confidential.
We may disclose personal data within the Novo Tellus group, where it is necessary (i) to meet the purpose for which such investor has submitted the information; or (ii) to enable such investor to be provided with information at a later date which may be of relevance and interest to such investor based on the nature and purpose of such investor’s voluntary requests. We may also transfer all data in our possession to a successor-in-interest to our business or assets.
Access to and Correction of Personal Data
Upon request, we will provide the investor with access to their personal data or other appropriate information on their personal data in accordance with the requirements of the PDPA.
Upon request, we will correct an error or omission in the investor’s personal data that is in our possession or control in accordance with the requirements of the PDPA.
We may charge for a request for access in accordance with the requirements of the PDPA.
Withdrawal of Consent
Upon reasonable notice being given by an investor of his withdrawal of any consent given or deemed to have been given in respect of our collection, use or disclosure of his personal data, we will inform the investor of the likely consequences of withdrawing his consent. We will cease (and cause any of our data intermediaries and agents to cease) collecting, using or disclosing the personal data unless it is required or authorised under applicable laws.
Accuracy of Personal Data
We will make a reasonable effort to ensure that personal data collected by us or on our behalf is accurate and complete.
Security and Protection of Personal Data
We have implemented generally accepted standards of technology and operational security to protect the personal data in our possession or under our control and to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. All Funds' personnel follow a corporate security policy. Only authorised Funds personnel are provided access to personally identifiable information and these personnel have agreed to ensure confidentiality of this information. The Funds' policy is to use secure socket layer technology for the protection of credit card information submitted through web forms. This policy is also required for any fulfilment agents of Funds.
Retention of Personal Data
We will cease to retain personal data, as soon as it is reasonable to assume that the purpose for collection of such personal data is no longer being served by such retention, and such retention is no longer necessary for legal or business purposes.
Transfer of Personal Data outside of Singapore
We will ensure that any transfers of personal data from Singapore to a territory outside of Singapore will be in accordance with the PDPA so as to ensure a standard of protection to personal data so transferred that is comparable to the protection under the PDPA.
Privacy on Our Websites
This Policy also applies to any personal data we collect via our websites. Cookies may be used on some pages of our websites. “Cookies” are small text files placed on your hard drive that assist us in providing a more customised website experience. Cookies are now used as a standard by many websites to improve users’ navigational experience. If individuals are concerned about cookies, most browsers permit individuals to decline cookies. In most cases, a visitor may refuse a cookie and still fully navigate our websites, however other functionality in the site may be impaired. After termination of the visit to our site, a visitor can always delete the cookie from his system if he wishes.
We reserve the right to modify or amend this Policy at any time. The effective date will be displayed at the beginning of this Policy.
Data Protection Officer
If an investor believes that information we hold about them is incorrect or out of date, or if an investor has concerns or further queries about how we are handling his personal data, or any problem or complaint about such matters, please contact our Data Protection Officer at email@example.com.