Data privacy note
Introduction
The purpose of this notice is to provide you with information on our use of your personal data in accordance with the Cayman Islands Data Protection Law, 2017 (the “DPL”). The DPL, effective September 30, 2019, is applicable to individual persons associated with the Cayman Island‐domiciled entities. The DPL is based on a set of internationally recognized privacy principles, and provides a framework of rights and duties designed to give individuals greater control over their personal data. This does not change the manner in which we use or intend to use your personal data.
In this document, “we,” “us” and “our” refers to the Lynk Capital Markets Limited (“Lynk” hereafter), its affiliates and/or delegates.
Personal Data
By virtue of your interactions with us and you providing us with personal information of individuals connected with you (including for example directors, trustees, employees, representatives, shareholders, investors, clients, beneficial owners or agents), certain personal information that you provide may constitute personal data within the meaning of the DPL (“Personal Data”). We may also obtain Personal Data from other public sources. Personal Data includes, without limitation, the following information relating to you and/or any individuals connected with you as an investor: 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.
In our use of Personal Data, Lynk may be characterised as a “data controller” for the purposes of the DPL. Additionally, we or our funds its’ affiliates and delegates may act as “data processors” for the purposes of the DPL.
Who this Affects
If you are a natural person, this will affect you directly. If you are a corporate investor that provides us with Personal Data on individuals connected to you for any reason in relation to your dealings 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.
How We May Use Your Personal Data
Lynk, as the data controller, may collect, store and use Personal Data for lawful purposes, including, in particular:
(i) Where this is necessary for the performance of our rights and obligations under our arrangements with you, including but not limited to those described in the relevant Program Documents including but not limited to the Subscription Agreements, Terms and/or other constitutional and operational documents.
(ii) Where this is necessary for compliance with a legal and regulatory obligation to which we are subject (such as compliance with anti‐money laundering requirements); and/or
(iii) Where this is necessary for the purposes of our legitimate interests and such interests are not overridden by your interests, fundamental rights or freedoms.
Our service providers may use Personal Data, for example to provide its services or to discharge the legal or regulatory requirements that apply directly to it but such use of Personal Data by the Administrator will be compatible with at least one of the aforementioned purposes for which we process Personal Data.
Should we wish to use Investor Data for other specific purposes (including, if applicable, any purpose that requires your consent), we will contact you.
Why We May Transfer Your Personal Data
In certain circumstances we and/or our authorised affiliates or delegates may be legally obliged to share Personal Data and other information with the 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.
We anticipate disclosing Personal Data to parties who provide services and their respective affiliates (which may include certain entities located outside the Cayman Islands or the European Economic Area), who will process your personal data on our behalf. Such parties may include, to the extent applicable:
(i) Custodians, administrator and/or sub‐administrator, as set forth in the program documents; and
(ii) Investment advisers, accountants, auditors, custodians, depositories, financial advisors, lawyers and other outside professional advisors to the Fund.
The Data Protection Measures We Take
Any transfer of Personal Data by us or our duly authorised affiliates and/or delegates outside of the Cayman Islands shall be in accordance with the requirements of the DPL.
We and our duly authorised affiliates and/or delegates shall apply appropriate technical and organisational information security measures designed to protect against unauthorised or unlawful processing of Investor Data, and against accidental loss or destruction of, or damage to, Investor Data.
We shall notify you of any Investor Data breach that is reasonably likely to result in a risk to the interests, fundamental rights or freedoms of either you or those data subjects to whom the relevant Investor Data relates.
Getting In Touch
Should you have any queries or wish to discuss your data protection rights with us, please email Lynk.data@Lynkcm.com