Client Privacy Protection NoticeAugust 2022
This Policy shall be seen in the light of Serbian and international legislation and against the background of international conventions, such as (EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) became effective on 25 May 2018.
This Notice is addressed to any natural person who is any of the following: a client of ElevenEs, or a member, partner, shareholder, beneficial owner, officer, director, employee, or other representative of any client of ElevenEs, including any prospective client or investor (“you”) whose personal information ElevenEs 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 information, for what purposes, your privacy rights under applicable privacy laws including, where applicable, under General Data Protection Regulation (“GDPR“) and European data privacy laws and applicable US privacy laws (the “Privacy Laws”) and how we protect your personal information. 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 needs of investors and clients to be served.
The Information We Collect
In the conduct of our business, we may obtain personal information about you in connection with any person’s existing or proposed appointment or engagement of ElevenEs (any such person being an “ElevenEs Client”), including without limitation your name, date of birth address and other contact details, social security number, tax or other identification number, identity documents and information about your income, assets, and other financial information. This information may come from sources such as application, subscription or other forms or material completed or supplied by actual or prospective ElevenEs Clients, other written, electronic, or verbal correspondence which relate to transactions by or on behalf of an ElevenEs Client. We may also collect personal information provided by you in calls which are recorded by us, as required by applicable laws. We may also collect special categories of personal data (as defined in the GDPR and including health, disability and religious or ethnicity information) where provided by you, with your consent, such as disability information or religious data for purposes required by you such as scheduling of meetings or access to ElevenEs premises.
How We Use Information That We Collect
We collect your personal information to fulfil our contractual obligations, our statutory obligations and/or the legitimate interests of ElevenEs and for other purposes for which ElevenEs 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 ElevenEs Clients for funds or services offered by ElevenEs and for compliance with tax reporting requirements; (ii) for purposes of reporting to, or communicating with, ElevenEs Clients concerning their investment in ElevenEs or appointment or engagement of ElevenEs consistent with our obligations to such ElevenEs 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 enquiries or for other legal or regulatory purposes involving ElevenEs or ElevenEs 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 do so with your consent.
In addition, we may, and only with your consent, process your personal information to communicate with you for marketing purposes. In this event, we may provide additional information 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 ElevenEs. You have the right to unsubscribe when you have provided your consent to receive these communications by emailing firstname.lastname@example.org or by following the instructions in any such communication, e.g., by clicking on the link to unsubscribe.
The Disclosure of Your Information
Within ElevenEs. We may share your personal information within ElevenEs employees for any of the purposes set forth above. Our employees, in turn, are not permitted to share your information with 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 European Economic Area (“EEA“) to the ElevenEs employees outside the EEA is governed by data transfer agreements which are in the form of the standard contractual clauses approved by the European Commission
Outside ElevenEs. We may share your personal information with non-affiliated third parties for any of the purposes set forth above. By way of example, we share your personal information with:
- Service providers (e.g., attorneys, auditors, accountants, tax advisers, administrators, custodians, depositaries, distribution managers and brokerage firms, event organizers or other agent, adviser, or service provider of ElevenEs 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 information but are permitted to use the information solely to provide the specific service or as otherwise permitted by law.
- Other counterparties, including any portfolio fund, any vendor, any lender or any of their respective managers, general partners or investment advisers or administrators, or any of their respective agents or representatives or any affiliate of any of the foregoing. For example, we may share personal information with a prospective portfolio fund of any ElevenEs Client to respond to the anti-money laundering enquiries of such portfolio funds.
Where your personal information is processed by third parties outside the EEA, we will ensure appropriate safeguards are in place to adequately protect it, 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 certified under the EU-US Privacy Shield framework.
We take seriously the obligation to safeguard your non-public personal information. We maintain physical, electronic, and procedural safeguards to protect against unauthorized access to your information. Details of our IT security are set out in our Information Security Policy. We endeavour to restrict access to non-public personal information about you to those members, officers, employees, and other workers of ElevenEs and service providers who need access to that information. All our employees and service providers are required to maintain the confidentiality of all non-public personal information.
Changes to This Notice
We may change this Notice from time to time. The latest version will be posted on our website.
Updating Your Details
If any of the information that you have provided to us changes, for example if you change your email address, please let us know by sending an email to email@example.com.
You have certain rights relating to the personal information we hold in accordance with and subject to the Privacy Laws to: (i) check whether we hold personal information about you and to access such data (in accordance with our policy); (ii) request the correction of personal information about you that is inaccurate; (iii) have a copy of the personal information we hold about you provided to you or another controller where technically feasible; (iv) request the erasure of your personal information; and (v) request the restriction of processing concerning you. To do so, please send your request to firstname.lastname@example.org. You are required to ensure the personal information 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. If you provide consent for us to use your personal information, including for marketing purposes, you have the right to withdraw consent and we will process this withdrawal promptly.
We retain your personal information for a period of at least five 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).
What if I Have a Question?
Please email email@example.com if you have any questions about our privacy notice. You may also make a complaint, in accordance with applicable Privacy Laws to a supervisory authority.