Your privacy is important to us. This privacy notice is provided by Navegar I GP Ltd. Philippine ROHQ, the regional operating headquarters of Navegar I GP Ltd., and Advisor to Navegar I L.P., Navegar I (Parallel) L.P., and Navegar II L.P., (collectively “the Navegar Funds”).
This Privacy Notice sets out our policies for the collection, use, storage, sharing, disclosure (collectively, “processing”) and protection of personal data relating to current, prospective and former investors in the Navegar Funds.
This Privacy Notice is being provided in accordance with the requirements of data privacy laws, including the EU General Data Protection Regulation 2016/679 (“GDPR”) (such data privacy laws, including GDPR, the “Data Protection Law”).
References to “you” or a “investor” in this Privacy Notice mean any customer who is an individual, any individual connected with a customer who is a legal person, and in certain instances any individual connected with our counter-parties or service suppliers (each such individual, a “data subject”), as applicable.
The types of personal data we may collect and use
The categories of personal data we may collect include such personal data as names, residential addresses, e-mail addresses, phone numbers, or other contact details, signature, nationality, tax identification number, date of birth, place of birth, copies of identification documents, such as passports, bank account details, information about assets or net worth, source of funds details or finance-related information such as amount invested, and other details of the investment made.
How we collect personal data
We may collect personal data about you through: (i) information provided directly to us by you, or another person on your behalf; (ii) information that we obtain in relation to any transactions between you and us; and (iii) recording and monitoring of telephone conversations and electronic communications with you as described below.
We also may receive your personal information from third parties or other sources, such as our affiliates, including B&P Fund Service AB, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities or other publicly accessible sources.
Using your personal data: the legal basis and purposes
We may process your personal data for the purposes of administering the relationship between you and us (including communications and reporting), marketing of our products and services and complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities with competent jurisdiction over our business). Your personal data will be processed in accordance with the Data Protection Law.
Where personal data is required to satisfy a statutory obligation (including compliance with applicable anti-money laundering or sanctions requirements) or a contractual requirement, failure to provide such information may result in your investment subscription being rejected or compulsorily cancelled. Where there is suspicion of unlawful activity, failure to provide personal data may result in the submission of a report to the relevant law enforcement agency or supervisory authority.
How we may share your personal data
We may disclose information about you to our affiliates or our service providers for our everyday business purposes, such as to facilitate transactions, maintain your account(s) or respond to legal investigations. It may also be necessary, under anti-money laundering and similar laws, to disclose information about customers in order to accept investments from them.
We may share your information with our affiliates for marketing purposes, such as offers of products and services to you by us or our affiliates. We may also disclose information about your transactions and experiences with us to our affiliates for their everyday business purposes. When you are no longer our investor, we may continue to share your information as described in the Privacy Notice.
Monitoring of communications
We may in certain instances record and monitor telephone conversations and electronic communications with you for the purposes of: (i) ascertaining the details of instructions given, the terms on which any transaction was executed or any other relevant circumstances; (ii) ensuring compliance with our regulatory obligations; and/or (iii) detecting and preventing the commission of financial crime.
We will not retain personal data for longer than is necessary in relation to the purpose for which it is collected, subject to Data Protection Law. Personal data will be retained for the duration of your investment in the Navegar Funds and for a maximum period of ten years thereafter. From time to time, we will review the purpose for which personal data has been collected and decide whether to retain it or to delete if it no longer serves any purpose to us.
To protect your personal information from unauthorised access and use, we apply organisational and technical security measures in accordance with Data Protection Law. These measures include computer safeguards and secured files and buildings. We will notify you of any personal data breaches affecting you in accordance with the requirements of Data Protection Law.
Because of the international nature of a fund management business, personal data may in certain instances be transferred to countries outside the EEA (“Third Countries”), such as to jurisdictions where we conduct business or have a service provider, including countries that may not have the same level of data protection as that afforded by the Data Protection Law in the EEA. In such cases, we will process personal data (or procure that it be processed) in the Third Countries in accordance with the requirements of the Data Protection Law, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf in such Third Countries.
Your rights under Data Protection Law
You have certain rights under GDPR in relation to our processing of your personal data and these are, generally: (i) the right to request access to your personal data; (ii) the right to request rectification of your personal data; (iii) the right to request erasure of your personal data (the “right to be forgotten”); (iv) the right to restrict our processing or use of personal data; (v) the right to object to our processing or use where we have considered this to be necessary for our legitimate interests (such as in the case of direct marketing activities); (vi) where relevant, the right to request portability; (vii) where your consent to processing has been obtained, the right to withdraw your consent at any time; and (viii) the right to lodge a complaint with a supervisory authority. You should note that your right to be forgotten that applies in certain circumstances under GDPR is not likely to be available in respect of the personal data we hold, given the purpose for which we collect such data, as described above.
Complaining to supervisory authorities
Under the Data Protection Law, you have the right to lodge a complaint with a supervisory authority. A complaint may be made to the Swedish Data Protection Authority in Sweden.
Changes to this privacy notice
This privacy notice was published in May 2018. We may update this notice from time to time.
If you have any questions in relation to this privacy notice or our processing of personal data, please contact our Data Protection Manager:
Head of Compliance
The Navegar Fund
Phone: +63 2 8808 4566