CANARAS (that is, Canaras Capital Management, LLC and its affiliated companies) understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of clients and and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
1. Information About CANARAS
CANARAS is a limited liability company formed in the state of Delaware, United States. CANARAS’s main office is 130 West 42nd Street, 15th Floor, New York, NY 10036. CANARAS is regulated by the United States Securities and Exchange Commission. Our direct telephone number is 212 372 7444.
2. What Does This Notice Cover?
This Privacy Information explains how CANARAS uses your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
3. What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that CANARAS uses is set out in Part 5, below.
4. What Are My Rights?
Under the GDPR, you have the following rights, which CANARAS will always work to uphold:
a) The right to be informed about CANARAS’s collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact CANARAS to find out more or to ask any questions using the details in Part 11.
b) The right to access the personal data CANARAS holds about you. Part 10 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by CANARAS is inaccurate or incomplete. Please contact CANARAS using the details in Part 11 to find out more.
d) The right to be forgotten, i.e. the right to ask CANARAS to delete or otherwise dispose of any of your personal data that CANARAS has. Please contact CANARAS using the details in Part 11 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to CANARAS using your personal data for a particular purpose or purposes.
g) The right to data portability. This means that, if you have provided personal data to CANARAS directly, CANARAS is using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask CANARAS for a copy of that personal data to re-use with another service or business in many cases.
h) Rights relating to automated decision-making and profiling. CANARAS does not use your personal data in this way.
For more information about CANARAS’s use of your personal data or exercising your rights as outlined above, please contact CANARAS using the details provided in Part 11.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about CANARAS’s use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
5. What Personal Data Do You Collect?
CANARAS may collect some or all of the following personal data (this may vary according to your relationship with CANARAS):
· Date of birth;
· Email address;
· Telephone number;
· Business name;
· Job title;
· Payment information;
· Information about your preferences and interests;
· Information about your financial status; and
· Information about your family composition (e.g., should you invest via a family trust)
Your personal data is obtained from you directly, in most cases, or via background checks done in conjunction with investments. Some of this information may be obtained from banks, trust companies, law firms, or fund administrators who have a need to know it in order to open, process, or maintain your account.
6. How Do You Use My Personal Data?
Under the GDPR, CANARAS must always have a lawful basis for using personal data. This may be because the data is necessary for CANARAS’s performance of a contract with you, because you have consented to CANARAS’s use of your personal data, or because it is in CANARAS’s legitimate business interests to use it. Your personal data will be used only to open, profess, or maintain your account or investments, and to communicate with you or to people you designate to represent you.
With your permission and/or where permitted by law, CANARAS may also use your personal data for marketing purposes, which may include contacting you by email, telephone, or by other means with information, news, and offers. You will not be sent any unlawful marketing or spam. CANARAS will always work to fully protect your rights and comply with obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to
opt-out. (Click the hypertext to opt out)
If we don’t hear from you within 30 days of your receiving this notice, indicating that you do not wish us to contact you for marketing purposes by e-mail, telephone, or by other means, we will assume you have opted-in to receive this information.
CANARAS uses the following automated systems for carrying out certain kinds of decision-making. If at any point you wish to query any action that CANARAS takes on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the GDPR gives you the right to do so. Please contact us to find out more using the details in Part 11.
7. How Long Will You Keep My Personal Data?
CANARAS will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected, or as required by law.
8. How and Where Do You Store or Transfer My Personal Data?
CANARAS will store or transfer your personal data in the United States or in jurisdictions in which account administrators are located, which includes the Channel Islands and the Cayman Islands. CANARAS may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that CANARAS will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.
CANARAS shares your data within the group of companies of which CANARAS is a part. Where this involves the transfer of personal data outside the EEA, our group ensures that personal data is protected by requiring all companies within the group to follow the same rules with respect to personal data usage. These are known as “binding corporate rules.” More information on binding corporate rules is available from the European Commission.
CANARAS shares your data with external third parties, as detailed below in Part 9, that are based outside of the EEA. The following safeguards are applied to such transfers:
CANARAS will only transfer your personal data to countries that the European Commission has deemed to provide an adequate level of personal data protection. More information is available from the European Commission.
We transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar levels of data protection to those in Europe. More information is available from the European Commission.
Please contact CANARAS using the details below in Part 11 for further information about the particular data protection mechanism used by CANARAS when transferring your personal data to a third country.
The security of your personal data is essential to CANARAS, and to protect your data, CANARAS takes a number of important measures, including the following:
· The use of encryption for certain data and data transfers
· Limitations of access only to parties with a need to know
· Firewalls that protect the data from access by unauthorized parties via the internet
· Alerts and audit trails that are triggered with data is accessed
· Password protected files, including when data is transmitted via the internet
· Contracts with vendors requiring vendor agreement to protect information pursuant to GDPR requirements
9. Do You Share My Personal Data?
CANARAS will not share any of your personal data with any third parties for any purposes, subject to one important exception. In some limited circumstances, CANARAS may be legally required to share certain personal data, which might include yours, if CANARAS is involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
Also, CANARAS may share your personal data with other companies in our group of affiliated companies.
If any of your personal data is required by a third party, as described above, CANARAS will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, and CANARAS and the third party’s obligations under the law, as described above in Part 8.
If any personal data is transferred outside of the EEA, CANARAS will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 8.
In some limited circumstances, CANARAS may be legally required to share certain personal data, which might include yours, if involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
10. How Can I Access My Personal Data?
If you want to know what personal data CANARAS has about you, you can ask for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request.”
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell CANARAS everything CANARAS needs to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover CANARAS’s administrative costs in responding.
CANARAS will respond to your subject access request within one week, under most circumstances and, in any case, not more than one month of receiving it. Normally, CANARAS aims to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date CANARAS receives your request. You will be kept fully informed of CANARAS’s progress.
11. How Do I Contact You?
To contact CANARAS about anything to do with your personal data and data protection, including to make a subject access request, please use the details included above
12. Changes to this Privacy Notice
CANARAS may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if CANARAS changes its business in a way that affects personal data protection.
Any changes will be made available on our website: www.canaras.com