← Back to home

EU Privacy Policy

Introduction

Liquibit Capital (the “Manager“) is committed to protecting your privacy and maintaining the confidentiality and security of your personal information. Any personal information processed by the Manager is controlled by the Manager, and the Manager is the data controller of your personal information. When your details are provided to the Manager as a consequence of your investment (or potential investment) in Liquibit USD Market Neutral Arbitrage Fund (the “Fund”), then the Manager, acting as a data controller, may itself (or through a third party such as Trident Fund Services (Malta) Limited (the “Administrator”), acting in its capacity as the Fund’s administrator) process your personal information or, if you are an entity, that of your (i) beneficial owner(s), (ii) employees, and (iii) directors, officers, trustees, general partners, managers, or other persons serving in a similar capacity (as distinguished from the entity itself) (the foregoing collectively, “Your Personal Information“). When processing Your Personal Information, the Administrator may also act as a data controller.

This policy (the “EU Privacy Policy“) explains the manner in which the Manager collects, utilises, and maintains nonpublic personal information about investors and potential investors (“Investors“) based in the European Union (“EU“) or the European Economic Area (“EEA“), as required under the General Data Protection Regulation (EU) 2016/679 (“GDPR“). This EU Privacy Policy applies to your investment (or potential investment) in the Fund.

Personal Information

The Manager collects Your Personal Information from the following sources, as applicable:

  • subscription documents and other information provided by the Investor in writing, in person, by telephone, electronically, or by any other means (this information includes 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, source of funds details and details relating to your investment activity);
  • transactions within the Fund, including account balances, investments, redemptions, and management fees and performance allocations; and
  • other interactions with the Manager (for example, discussions with our staff or by completing any form on this website).

How We May Use Your Personal Information

Your Personal Information may be processed by the Manager and/or the Administrator (or any of their affiliates, agents, employees, delegates, or subcontractors) for the following purposes, as applicable:

  • to facilitate your investment in the Fund and the management and administration of your investment in the Fund on an ongoing basis (the “Services”) as necessary to fulfil all contractual and regulatory obligations related to your investment in the Fund, including without limitation the acceptance and processing of subscription documents and redemption and transfer requests;
  • in order to carry out anti-money laundering checks and related actions that the Manager and/or Administrator considers appropriate or necessary to fulfil any of their legal obligations on an ongoing basis (i) with respect to the prevention and/or detection of fraud, money laundering, terrorist financing, bribery, corruption, and/or tax evasion and (ii) to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions, all of the foregoing in accordance with the Manager’s and the Administrator’s anti-money laundering policies and procedures;
  • to comply with their legal obligations and, in particular, to report tax-related information to tax authorities;
  • to disclose information to other third parties such as service providers of the Manager and/or Administrator (including, for example, attorneys, accountants, auditors, or other professionals), regulatory authorities, and technology providers in order to comply with any legal obligation imposed on the Manager and/or Administrator or in order to pursue the legitimate interests of the Manager and/or Administrator;
  • to monitor and record electronic communications and if applicable, calls, for any of the purposes specified herein; and/or
  • to otherwise pursue the legitimate interests of the Manager and/or Administrator relating to your investment or your potential investment in the Fund and/or where the processing of Your Personal Information would be in the public interest.

Countries Having Access To Your Personal Information

The Manager’s servers, which store and keep Your Personal Information, are located in Germany and Singapore. The Manager also has service providers whose personnel will have access to Your Personal Information and that are located in other jurisdictions. Transfers to these service providers are necessary for the performance of the contract between the Manager and the Investor. These jurisdictions either (i) afford an adequate level of protection for Your Personal Information (as declared by the European Commission) or, (ii) if they do not, then the Manager has entered into agreements with these service providers incorporating clauses that are the same as or substantially similar to the standard contractual clauses, as well as other relevant provisions contained in the GDPR, and impose obligations no less onerous than those contained in this EU Privacy Policy.

Collecting Investor Information Legally

The Manager and the Administrator are able to legally collect and use Your Personal Information because:

  • you have consented to their doing so;
  • it is necessary for the performance of a contract to which the Investor is a party or in order to take steps at the request of the Investor prior to entering into a contract or to otherwise perform the Services;
  • collecting and using Your Personal Information is necessary for the Manager and/or the Administrator to fulfil their legitimate business interests, which may include to investigate, defend against, or prosecute any actual, threatened, or potential claim in a court of law or other judicial or regulatory forum or otherwise protect their legal rights; and/or
  • it is necessary to comply with any applicable regulatory, judicial, or other legal obligations applicable to Manager and the Administrator.

Retention of Investor Information

The Manager and the Administrator will retain Your Personal Information for as long as required for the purposes described above.

In particular, and without limitation to the foregoing, the Manager and the Administrator may have obligations imposed on them under applicable legal systems that require them to retain Your Personal Information for certain minimum time periods.

Your Rights

You have the right to:

  • be informed, as this EU Policy seeks to do, about Your Personal Information that the Manager and/or the Administrator collects from you, uses, and retains;
  • obtain confirmation from the Manager that Your Personal Information is being collected, used, and retained as described above and access Your Personal Information held by the Manager and/or the Administrator;
  • have Your Personal Information corrected if it is inaccurate or incomplete at any time;
  • erasure (or the right to be forgotten) which means you can request deletion or removal of any of Your Personal Information the Manager and/or the Administrator holds at any time, subject to the Manager’s or the Administrator’s rights to retain Your Personal Information as provided under the GDPR;
  • block or suppress the Manager’s and/or the Administrator’s collecting and using Your Personal Information, which means the Manager and the Administrator can continue to store Your Personal Information but cannot further collect or use it in any way;
  • obtain and reuse any of Your Personal Information that the Manager and/or the Administrator holds for your own purposes across different services, which allows you to move, copy, or transfer Your Personal Information easily from the Manager and/or the Administrator to another place identified by you to the Manager in a safe and secure way without hindrance to the usability of Your Personal Information;
  • object to the Manager’s and/or the Administrator’s collecting, using, or retaining Your Personal Information when this is based on
    • your legitimate interest or the performance of a task in the public interest or
    • your desire not to receive direct marketing even if otherwise legally permitted; and
  • withdraw your consent to the use of Your Personal Information at any time, as described below.

To make any requests as listed above, please contact the Manager info@liquibit.io

The Manager will respond to requests relating to your rights above within 30 calendar days of receipt of your request.

Withdrawal Of Your Consent

You can tell the Manager to stop collecting, using, and retaining Your Personal Information at any time by emailing the Manager at info@liquibit.io. You should note that notwithstanding your withdrawal of consent, the Manager and the Administrator may be legally required to retain some or all of Your Personal Information.

When the Manager or the Administrator requires Your Personal Information to comply with AML or other legal requirements, failure to provide this information will mean that you will be unable to be accepted as an investor in the Fund and/or may be mandatorily redeemed from the Fund if you are already an Investor.

Protection of Investor Information

The Manager maintains appropriate technical and organisational measures to ensure a level of security appropriate to address potential risks, including physical, electronic, and procedural safeguards that comply with the GDPR to protect customer information, including:

  • the pseudonymization and encryption of Your Personal Information when appropriate;
  • ensuring the ongoing confidentiality, integrity, availability, and resilience of processing systems and services;
  • ensuring that the Manager can restore access to Your Personal Information in a timely manner if a physical or technical incident occurs; and
  • regular testing, assessment, and evaluation of the effectiveness of its technical and organisational measures to attempt to ensure Your Personal Information is secure.

The Manager restricts access to the personal and account information of Investors to those employees who need to know that information in the course of their job responsibilities. The Manager will destroy, erase, or make unreadable data, computer files, and documents containing Your Personal Information that is nonpublic prior to disposal.

Complaints

If you would like to make a complaint about the way the Manager has collected, used, or retained Your Personal Information, please contact us at info@liquibit.io.

You have the right to lodge a complaint with a supervisory authority in the EU Member State of your habitual residence or place of work, or place of the alleged infringement if you consider that the processing of Your Personal Information carried out by the Manager or its service providers infringes the GDPR.

Disclaimer, Policy Updates and Further Information

This Policy should not be construed as giving business, legal, or other advice or warranting as fail-proof the security of information provided through the website. The Internet is not 100% secure, and we cannot promise that your use of the website or software will be completely safe. The Fund and the Manager therefore disclaims any liability with respect to any information obtained by a third party through illegal entry into or breach of the website.

This EU Privacy Policy is in addition to the Manager’s existing Privacy Policy adopted under Cayman Islands law. The Manager reserves the right to change this EU Privacy Policy at any time and without prior notification. The examples contained within this EU Privacy Policy are illustrations and are not intended to be exclusive. This EU Privacy Policy is intended to comply with the GDPR regarding privacy. You may have additional rights under other foreign or domestic privacy laws. If you have any questions about this EU Privacy Policy, please call or email us at info@liquibit.io. No further action is required on your part.

This policy was last updated on 9th March 2020.