Collection of Investor Information
Karya collects nonpublic personal information about its Investors and potential investors from the following sources:
- Subscription forms, investor questionnaires, account forms and other information provided by the Investors or their Representatives in writing, in person, by telephone, electronically or by any other means;
- Transactions within each Fund, including account balances, investments, withdrawals/redemptions and fees; or
- Other interactions with Karya (for example, discussions with our staff).
The type of nonpublic personal information that Karya may collect from the foregoing sources includes, but is not limited to, name, address, date of birth, nationality, social security number or tax identification number, employment information, transaction information, financial and/or income information, and investment qualifications and information.
Disclosure of Nonpublic Personal Information
Karya may share nonpublic personal information about its Investors or potential Investors that it collects with affiliates and unaffiliated third parties only as permitted by law.
For example, Karya may share nonpublic personal information with its affiliates without an Investor's consent such as to affiliated entities that provide marketing and/or portfolio management support to the Managing Member, the Investment Manager and/or a Fund. In addition, Karya may share nonpublic personal information that it collects with unaffiliated parties such as financial and non-financial service providers and others in the following situations, among others:
- To comply with federal, state or local laws, rules and other applicable legal requirements;
- To comply with a properly authorized civil, criminal or regulatory investigation or subpoena or summons by federal, state or local authorities;
- In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of the business of the Fund in which you are invested;
- To protect against or prevent actual or potential fraud, unauthorized transactions (such as money laundering), claims or other liabilities;
- To service providers of the Fund in which you are invested in connection with the administration and operations of such Fund, which may include brokers, attorneys, accountants, auditors, administrators or other professionals;
- To process or complete transactions requested by an Investor; and
- Upon consent of an Investor to release such information, including authorization to disclose such information to persons acting in a fiduciary or representative capacity on behalf of the Investor.
Karya may also disclose nonpublic personal information that it collects to affiliated and unaffiliated third parties that perform marketing services on its behalf, such as placement agents, for the purpose of calculating any amounts due to such placement agents. In such event, Karya will require the unaffiliated third party not to disclose such nonpublic personal information except to carry out the purposes for which Karya made the disclosure to the unaffiliated third party in the first instance.
Former Customers and Investors
Protection of Investor Information
Karya maintains physical, electronic and procedural safeguards that comply with applicable federal standards to protect customer information. Karya 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. Karya will destroy, erase or make unreadable data, computer files and documents containing nonpublic personal information prior to disposal.
Karya also maintains and implements a written information security program to protect Investors' personal information. The program identifies risks to the confidentiality and security of records containing personal information, and has procedures for assessing the likelihood and potential damage of such threats. Technical, physical and administrative safeguards are in place for the protection of personal information, and are regularly monitored for effectiveness.
Last Updated: April 1, 2021
Karya Capital Management LP (the “Investment Manager”) is committed to protecting your privacy and maintaining the confidentiality and security of your personal data. Any personal information processed by the Investment Manager is controlled by the Investment Manager and the Investment Manager is the data controller of your personal data. Where your details are provided to the Investment Manager as a consequence of your investment (or potential investment) in Karya Fund Limited (the “Fund”), then the Investment Manager, acting as a data controller, may itself (or through a third party such as SS&C Technologies, Inc. (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 (the foregoing collectively, “Your Personal Information”).
The Investment Manager’s United Kingdom representative is Karya Capital Management UK Limited, Ground Floor, One George Yard, London EC3V 9DF and can be contacted at firstname.lastname@example.org.
Categories of Data Collected
Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). The Investment Manager (or the Administrator) may collect, use, store and transfer different categories of personal data as follows:
- Identity data which includes first name, maiden name, last name, marital status, title, date of birth or gender;
- Contact data which includes billing and delivery address, email address and telephone number;
- Technical data which includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Investment Manager's or Administrator's website; and
- Marketing and communication data which includes your preferences in receiving marketing communications from us and our third parties and your communication preferences.
If you fail to provide your personal data
Where the Investment Manager or Administrator needs to collect personal data by law and you fail to provide that personal data when requested, the Investment Manager or Administrator may not be able to keep you up to date with any information on the Investment Manager's funds or services.
Collection of Your Personal Data
The Investment 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 (i) name, address, income, financial and investment qualifications, and tax-related information and (ii) in the case of individuals, birth date, nationality, passport or other identification number, and employment information, or in the case of entities, date and jurisdiction of formation, entity type, tax identification number, and business information);
- Transactions within the Fund, including account balances, investments, redemptions and management fees and performance allocations; and
- Other interactions with the Investment Manager (for example, discussions with our staff or third parties).
Why We Use Your Personal Information
Under data protection law, we can only use your personal data if we have proper reason, for example: (i) where you have given consent; to comply with our legal and regulatory obligations; (ii) for the performance of a contract with you or to take steps at your request before entering into a contract; or (iii) for our legitimate interests or those of a third party. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.
Your Personal Information may be processed by the Investment Manager and/or the Administrator (or any of their affiliates, agents, employees, delegates or sub-contractors) 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”) which are necessary to fulfill 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 which the Investment Manager and/or Administrator considers appropriate or necessary to fulfill 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 Investment 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 Investment 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 Investment Manager and/or Administrator or in order to pursue the legitimate interests of the Investment 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 Investment Manager and/or Administrator relating to your investment or your potential investment in the Fund.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Countries Having Access to Your Personal Information
The Investment Manager’s servers, which store and keep your personal data, are located in the United States.
The Investment Manager and the Administrator are able to legally collect and use your personal data either because:
- you have consented to their doing so; and/or
- collecting and using Your Personal Information is necessary for the Investment Manager and/or the Administrator to fulfill their legitimate business interests, which may include (i) to fulfill contractual obligations to Fund Investors or otherwise perform the Services; or (ii) 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 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;
- it is necessary to comply with any applicable regulatory, judicial or other legal obligations applicable to Investment Manager and the Administrator.
Who Else May Have Access to Your Personal Data
To best serve you, the Investment Manager may share your personal data with service providers that provide support services to us, including, but not limited to, the Administrator for the purposes of acting as the administrator of the Investment Manager's funds. Service providers are third parties who perform services on our behalf. They are contractually restricted from using your data in any manner other than in helping us to provide you with the services available from the Investment Manager.
The Investment Manager may also disclose your personal data to a third party:
- when you ask us to do so;
- where it is required by law or any regulatory obligation; or
- in the event that we sell or buy any business assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
The Investment Manager requires all third parties to respect the security of your personal data and to treat it in accordance with the law. The Investment Manager does not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specific purposes and in accordance with our instructions.
Retention of Investor Information
The Investment Manager and the Administrator will retain your personal data for as long as required for the purposes for which your personal data was collected. Your personal data may be retained for longer periods of time in the event of a complaint, to satisfy a legal requirement or if the Investment Manager reasonably believes there is a prospect of litigation in respect of its relationship with you.
You have the right to:
- obtain confirmation from the Investment Manager that your personal data is being collected, used, and retained as described above and to access your personal data held by the Investment Manager;
- have your personal data 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 data the Investment Manager holds about you at any time, subject to the Investment Manager's or the Administrator's rights to retain your personal data as provided for under the GDPR. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
- object to processing of your personal data where the Investment Manager is relying on a legitimate interest and there is something about your particular situation which makes you want to object to the processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object where the Investment Manager processes your personal data for direct marketing purposes;
- block or suppress the Investment Manager collecting and using your personal data, which means the Investment Manager can continue to store your personal data but cannot further collect or use it in any way;
- obtain and reuse any of your personal data that the Investment Manager holds about you for your own purposes across different services, which allows you to move, copy or transfer your personal data easily from the Investment Manager to another place identified by you to the Investment Manager in a safe and secure way without hindrance to the usability of your personal data;
- withdraw your consent to the use of your personal data at any time, as described below.
To make any requests as listed above, please contact the Investment Manager at email@example.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or if additional copies of your personal data are requested. Alternatively, the Investment Manager may refuse to comply with your request in these circumstances.
The Investment Manager will respond to requests relating to your rights above within one month of receipt of your request, or within two months of receipt of your request where this request is more complex. The Investment Manager may need to request specific data from you to help confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that your personal data is not disclosed to any other person who has no right to receive it. The Investment Manager may also contact you to ask you for further information in relation to your request to speed up its response to you.
Protection of Your Personal Data
The Investment Manager maintains appropriate technical and organizational measures to ensure a level of security appropriate to 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 data where appropriate;
- ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services;
- ensuring the Investment Manager can restore access to your personal data in a timely manner if a physical or technical incident occurs; and
- regular testing, assessment and evaluation of the effectiveness of its technical and organizational measures to attempt to ensure your personal data is secure.
The Investment 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 Investment Manager will destroy, erase or make unreadable data, computer files and documents containing Your Personal Information that is non-public prior to disposal.
The Investment Manager does not knowingly collect any data from anyone under 16 years of age. The Investment Manager's website and services are not intended for children under 16 years of age.
The Investment Manager will delete any data from a child under the age of 16 if it learns that it has collected or received such data.
If you believe the Investment Manager might have any data from or about a child under 16, please contact us at firstname.lastname@example.org.
If you would like to make a complaint about the way the Investment Manager has collected, used or retained your personal data, please contact us at email@example.com.
You have the right to lodge a complaint with a supervisory authority in the UK or EU Member State of your habitual residence or place of work or in the place of the alleged infringement if you consider that the processing of personal data relating to you carried out by the Investment Manager or its service providers infringes the GDPR.
Former Customers and Investors
Date of Policy: March 29, 2021
KARYA FUND LIMITED - CAYMAN DATA PRIVACY NOTICE
Karya Capital Management LP (the “Fund”) s a company created under the laws of the Cayman Islands.
The purpose of this document is to provide you with information on the Fund's use of your personal data in accordance with the Cayman Islands Data Protection Act, 2017 (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 Fund, and by persons engaged by the Fund. Under the Data Protection Legislation, individuals have rights, and the Fund has obligations, with respect to your personal data. The purpose of this notice is to explain how and why the Fund, and persons engaged by the Fund, will use, store, share and otherwise process your personal data. This notice also sets out the rights of individuals under the Data Protection Legislation, and how they may exercise them.
Your Personal Data
By virtue of making an investment in the Fund (including the initial application and ongoing interactions with the Fund and persons engaged by the Fund) 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 shares; 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 Fund; and when you provide remittance instructions.
We may also obtain personal data on you from other publicly 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 Fund 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 funds details and details relating to your investment activity.
How the Fund may use your personal data
The Fund, 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 Fund;
- assessing and processing requests you make;
- sending updates, information and notices or otherwise corresponding with you in connection with your investment in the Fund;
- 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 Fund against fraud, breach of confidence or theft of proprietary materials;
- seeking professional advice, including legal advice;
- facilitating business asset transactions involving the Fund 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 Fund continues to be a data controller even though it has engaged SS&C Technologies, Inc. (the "Administrator") and other third parties to perform certain activities on the Fund's behalf.
Sharing your personal data
We may share your personal data with our affiliates and delegates, including the Administrator. In certain circumstances we may be legally obliged to share your personal data and other financial information with respect to your interest in the Fund 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 Fund's affiliates and delegates may process your personal data on the Fund's behalf, including with our banks, accountants, auditors and lawyers which may be data controllers in their own right. The Fund's services providers, such as the Administrator, are generally processors acting on the instructions of the Fund. 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, counter terrorist financing and prevention of proliferation 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.
Rights of individuals
If you are an individual, 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 privacy notice or the personal data we hold about you. Our contact details are: firstname.lastname@example.org marking your communication "Data Protection Enquiry".