NCH Capital Inc.
Client Privacy Notice
This notice (the “Notice”) is addressed to any natural person who is an investor in any fund managed or advised by NCH Capital Inc. or its affiliates (“NCH”) (an “NCH Fund”), or a member, partner, shareholder, beneficial owner, officer, director, employee or other representative of an investor in an NCH Fund, including any prospective investor (“you” or “NCH Client”) whose personal information NCH collects and controls in the conduct of its business.
This Notice gives information regarding your personal information (defined as “personal data” under the Privacy Laws (defined below)) and describes the basis on which we process your personal data, for what purposes, your privacy rights under applicable privacy laws including, where applicable, under the Data Protection Law, 2017 of the Cayman Islands (“DPL”), European Union’s General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”) and applicable US and Non-US privacy laws (the “Privacy Laws”) and how we protect your personal data. Maintaining your privacy is important to us and we hold ourselves to the highest standards in its safekeeping and use. We have developed policies designed to protect confidentiality, while allowing the requirement of the regulatory regimes to which the NCH Fund and NCH are subject to be observed. We do not sell any personal data and have not sold any personal data in the past.
The information we collect
In the conduct of our business, we may obtain personal data in connection with a person’s current or proposed investment in an NCH Fund (any such person being a “NCH Client”), including without limitation your name, role/position/title and area of responsibility, date of birth, address and other contact details, tax or other identification number, identity documents and financial information. We may additionally collect information about your income, assets, and other financial information, including asset situation, investment experience and objectives, risk tolerance and marital status. This information may come from public sources such as governmental authorities, public directories and screening or background checking tools, or an application, subscription or other forms or material completed or supplied by current or prospective NCH Clients, or other written, electronic or verbal correspondence which relate to transactions by or on behalf of an NCH Client as well as financial information relating to any such person’s investment in an NCH Fund or any portfolio investments, such as capital account balance, contributions, income allocations and distributions. We may also collect special categories of personal data (as defined in the GDPR) where provided by you, with your consent.
How we use information that we collect
We collect your personal data to fulfill our contractual obligations, our statutory obligations and/or to pursue the legitimate interests of NCH and for other purposes for which NCH has a lawful basis under the Privacy Laws, including: (i) for compliance with legal and regulatory requirements such as regulations aimed at prevention of money laundering or terrorist financing or “Know Your Customer” requirements, as well as to verify the status and/or eligibility of NCH Clients for funds or services offered by NCH and for determination of the suitability of such funds or services for NCH Clients and for compliance with tax reporting requirements; (ii) for purposes of reporting to, or communicating with, NCH Clients concerning their investment in NCH Funds or appointment or engagement of NCH consistent with our obligation to such NCH Clients; (iii) in connection with our investment activities, including investment due diligence or investment monitoring activities or in response to “Know Your Customer” requirements of counter-parties; (iv) in connection with litigation, investigations, regulatory or governmental inquiries or for other legal or regulatory purposes involving NCH, NCH Funds or NCH Clients; and (v) for other legitimate business interests. If you have provided special categories of personal data to us to enable us to respond to certain requests by you such as access requests or scheduling of meetings or similar requirements, we maintain such information with your consent.
In addition, we may, and only with your consent or where we have identified a legitimate interest in doing so (and to the extent permitted by law), process your personal data in order to communicate with you, on behalf of the organization for whom you work or directly for yourself, for certain marketing purposes related to NCH’s business. In such case, we may provide additional data that we believe may be of interest, including about funds or services, news updates, research or market commentary, conferences, or events offered by or in conjunction with NCH. You have the right to unsubscribe to these communications by emailing email@example.com.
The Disclosure of your Data
Within NCH. We may share your personal data with NCH affiliates including with NCH Funds for any of the purposes set forth above. NCH affiliates, in turn, are not permitted to share your data with other non-affiliated entities, except as described herein or otherwise permitted by the Privacy Laws or other applicable laws. The transfer of personal data from the UK and or the European Economic Area (“EEA”) to NCH offices outside the UK and EEA, and any other country which has been recognized by the European Commission as providing an adequate level of data protection is governed by data transfer agreements which are in the form of the standard contractual clauses approved by the European Commission. See:
- 2004/915/EC: Commission Decision of 27 December 2004 amending Decision 2001/497/EC standard contractual clauses for the transfer of personal data to third countries; and
- 2010/87/: Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council)
The transfer of personal data outside of the Cayman Islands to NCH entities in a country which the Ombudsman of the Cayman Islands does not consider as ensuring an adequate level of data protection will be subject to appropriate safeguards, as required by the DPL, such as data transfer agreements.
Outside NCH. We may share your personal data with non-affiliated third parties for any of the purposes set forth above. By way of example, we share your personal data with:
- Service providers (g., attorneys, auditors, accountants, tax advisers, administrators, custodians, depositaries, distribution managers and brokerage firms, AML service providers, event organizers or other agents, adviser or service provider of any NCH Fund or NCH Client). As is common in the industry, non-affiliated third party companies may from time to time be used to provide certain services, such as administration services, tax compliance services, reporting, account statements and other information, organizing events, conducting research on client satisfaction and gathering shareholder proxies. These companies may have access to your personal data but are permitted to use the information solely to provide the specific service or as otherwise permitted by law.
- Other counterparties, such as banks, or transactional counterparties that legitimately require your personal data for transactional business with NCH Funds.
- Law enforcement agencies and applicable regulators.
Where your personal data is processed by third parties, we will ensure appropriate safeguards are in place to adequately protect it. NCH will ensure appropriate safeguards are in place to adequately protect personal data, as required by applicable law, including the execution of standard contractual clauses (referred to above) if the recipients are not located in a country with adequate data protection laws (as determined by the European Commission or other relevant data protection authority). The transfer of personal data outside of the Cayman Islands to the third parties in a country which the Ombudsman of the Cayman Islands does not consider as ensuring an adequate level of data protection will be subject to appropriate safeguards, as required by the DPL, such as data transfer agreements.
We take seriously the obligation to safeguard your non-public personal data. We maintain physical, electronic, and procedural safeguards to protect against unauthorized access to your information. Details of our IT security measures are set out in our Written Information Security Program/Data Protection Policy. We endeavor to restrict access to non-public personal data about you to those members, officers, employees and other personnel of NCH and service providers who need to access to such information. All NCH employees and service providers are required to maintain the confidentiality of all non-public personal data.
Change to this Notice
We may change this Notice from time to time. The latest version will be on our website and sent annually with the Form ADV Part 2 and posted on NCH’s website.
Updating your Details
If any of the information that you have provided to us changes, such as contact information, please let us know by sending an email to firstname.lastname@example.org. We will take appropriate steps to verify the identity and authority of any parties (including you or your representatives) prior to responding to any inquiries or requests received relating to your personal information that we may possess.
You have certain rights relating to the personal data we hold in accordance with and subject to Privacy Laws to: (i) check whether we hold personal data about you and to access such data (in accordance with our policy); (ii) request the correction of personal data about you that is inaccurate; (iii) have a copy of the personal data we hold about you provided to you or another controller where technically feasible; (iv) the extent consistent with our business and regulatory requirements, request the erasure of your personal data and request the restriction of processing concerning you; and (v) object to processing for direct marketing purposes. You are required to ensure the personal data we hold about you is up-to-date and accurate and you must notify us of any changes to the personal data you provided to us, for example, information supplied in relation to an investment in the applicable NCH Fund. If you provided consent for us to use your personal data for marketing purposes, you have the right to withdraw consent and we will process this withdrawal promptly. Please send your request to email@example.com. These rights are not absolute: they do not always apply and exemptions may be applicable. We may, in response to a request, ask you to verify your identity and to provide information that helps us to understand your request better. If we do not comply with your request, we will explain why.
We retain your personal data for a period of at least seven years from the date on which the relevant business relationship, for which purpose such personal data was provided, has ended (or if later, the date on which the last transaction was completed or the last entry to the record was made). Thereafter, NCH will delete (or otherwise erase, de-identify or pseudonymise or equivalent) any such personal data, except as required or permitted by applicable law or regulation.
Please email firstname.lastname@example.org or call toll free (within the US only) (855) 641-3200, if you have any questions about our privacy notice. If you ever have any concerns about the way we are processing your data, or if you are concerned that your data is not being adequately protected, you have the right to make a complaint, in accordance with the applicable Privacy Laws to a supervisory authority.