The information contained within this Privacy Notice applies to individual residents (“Data Subjects”) in the European Economic Area (“EEA”) and is provided in line with the European General Data Protection Regulation (2016/679) (“GDPR”) and secondary or domestic laws implementing the foregoing (together, the “Data Protection Legislation”). The Data Protection Legislation prescribes the way in which companies, funds and/or their agents and service providers (including Administrators) may collect, retain, and handle personal information.
Halcyon Loan Advisors (UK) LLP (“HLAUK,” “we,” and “us”) has been appointed as the EU representative and ‘controller’ of your personal data for Halcyon Capital Management LLC and its affiliates (“Halcyon”). HLAUK is authorized and regulated by the UK Financial Conduct Authority and registered with the UK Information Commissioner’s Office. HLAUK maintains its registered office at 70 Jermyn Street, 3rd Floor, London, UK SW1Y 6NY.
This Privacy Notice applies to the ways in which we interact with Data Subjects in connection with our business, including, without limitation:
- Directors, officers, employees and other representatives of portfolio companies in which Halcyon has made an investment or is considering making an investment;
- Individual representatives of third party sellers, placement agents, finders, investment bankers, consultants, lawyers, accountants, advisers and other service providers, whether or not engaged by Halcyon;
- Directors, officers, employees and other representatives of Halcyon;
- Individuals applying for or enquiring about and employment with us; and
- Individuals considering or who do invest with us and their representative agents with whom we interact during the normal course of business.
We respect the privacy of Data Subjects. In respect of the collection, holding, storage, use, and processing of your Personal Data, we will:
- Process the data lawfully, fairly and in a transparent way;
- Obtain the data only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
- Collect data relevant to the purposes we have told you about and limited only to those purposes;
- Take reasonable steps to ensure that the data is accurate and kept up to date;
- Keep data in line with applicable legal and other requirements, and;
- Use appropriate technical and/or organizational measures to ensure appropriate security of the data.
Please note that Halcyon will update this Privacy Notice from time to time and in response to regulatory changes. We may also provide additional privacy notices or similar disclosures in respect of certain categories of Data Subjects (e.g. certain investors or prospective investors in a fund managed or advised by Halcyon, certain former or existing employees associated with Halcyon, etc.), and certain geographies and jurisdictions.
Data We Collect
We use the term “Personal Data” to mean information that reasonably may be used to identify you as an individual person. In connection with our business, we collect various types of Personal Data, depending on the relationship and circumstance, including, among other things:
- Identification information: name, ID card and passport numbers, nationality, place and date of birth, gender, picture, IP address;
- Contact information: postal address and e-mail address, phone number;
- Family situation: marital status, number of children;
- Tax status: tax ID, tax residence;
- Education and employment information: level of education, employment, employer’s name, remuneration;
- Financial data: bank account details, credit card number, money transfers including communications on bank transfers, assets, investor profile, credit history, debts and expenses, and;
- Other background data: information on criminal history/unlawful conduct.
The Sharing of Personal Data
We may share your Personal Data with certain parties, including but not limited to:
- Administrators and their affiliates and other sub-processors as may be necessary
- Advisers and service providers (e.g., auditors, legal counsel, tax advisers and employment service vendors); and
- Affiliates, including their officers, directors, partners or employees
We and the parties outlined above will process your Personal Data in order to:
- Provide administration or employment services
- Carry out money laundering, background and criminal record checks
- Administer investments
- Market our products and services
- Improve relationships with you
- Exercise rights at law or under contract
- Aid the prevention of money laundering and financial crime
Halcyon and the parties outlined above will collect and process your Personal Data where necessary or appropriate. Where we share your Personal Data with a third party, we require the recipients to implement adequate measures to protect it.
Your Personal Data may also be shared with law enforcement agencies, regulatory or tax authorities, and other governmental or public agencies or authorities in order to comply with our legal or regulatory obligations or at their request in furtherance of their objectives.
If investors do not provide the information requested, it will not be possible to accept your subscription application. The Fund, the Administrator, and the Investment Manager will not be able to accept your subscription to the Fund without processing your Personal Data for the purposes identified below.
If you object to your Personal Data being used to contact you in respect of prospective products and services please contact a representative or Halcyon known to you or email us at GDPR@halcyonllc.com.
Methods of Personal Data Collection
We collect this Personal Data in various ways, including:
- Directly from the Data Subject (e.g., when you voluntarily submit information on a face-to-face basis or remotely via email or other written correspondence); and
- Indirectly from other sources (e.g., from public records or from a counterparty in possession of the data).
The Lawful Basis for Processing Personal Data
We use your Personal Data for a variety of reasonable and legitimate business purposes, including, but not limited to, the following:
- Complying with legal or regulatory obligations, such as our obligations regarding know-your-client, anti-money laundering, criminal record and other background checks;
- Performing the terms of a contract with you or to take steps at your request before entering into a contract, including to: (i) provide you with information regarding products or services offered by Halcyon and its service providers, (ii) assist you and answer your requests, (iii) evaluate whether we can offer you a product or service and under what conditions.
- Other legitimate purposes, such as:
- Communicating with Data Subjects;
- Performing activities relating to client management, financial management and administration;
- Creating, improving and developing our products and services;
- Conducting market research, surveys, and similar inquiries to help us understand trends, client and site visitor needs;
- Reviewing and resolving disputes and security issues;
- Monitoring and auditing compliance with internal policies and procedures, legal obligations and to meet requirements and orders of regulatory authorities; and
- Processing and considering applications for employment, including; evaluating and confirming suitability for the position and accuracy of information submitted.
We will not use your Personal Data for purposes inconsistent with this Privacy Notice without your permission.
Transfers of Your Personal Data Outside of Europe
Halcyon transfers your information to entities within countries that provide a different level of data protection from the United Kingdom, including the United States. In such circumstances, we will have processes designed to protect your information.
Retention of Personal Data
We will keep Personal Data for as long as is necessary for the purposes for which we collect it. The precise period will depend upon the purpose for which we hold your information. In addition, as a regulated financial services institution, certain laws and regulations require minimum periods for retention of Personal Data.
Keeping your Personal Data Current
We seek to ensure that we keep your Personal Data accurate and up to date. However, you are responsible for and we kindly request that you inform us of any changes to your Personal Data, including changes in your contact details.
The Personal Data we Process: Your Rights
You have various rights under Data Protection Legislation in relation to the Personal Data relating to you Halcyon and its affiliated collect and process. These include:
- The right to request access to your Personal Data;
- The right to have your Personal Data rectified;
- The right to have your Personal Data erased in certain circumstances;
- The right to request that your Personal Data is only used for restricted purposes;
- The right to object to the processing of your Personal Data;
- The right, in some circumstances, to require certain of your Personal Data to be transferred to you or a third party; and
- The right to lodge a complaint with the relevant data regulator in your jurisdiction.
You may exercise any of these rights by contacting us at GDPR@halcyonllc.com.
You will not have to pay a fee to access your Personal Data or to exercise any of the other rights. However, we reserve the right to charge a reasonable fee if your request for access is manifestly unfounded or excessive.
Questions or Complaints
If you have questions or complaints regarding the collection or processing of your Personal Data by Halcyon, in the first instance, please contact us at GDPR@halcyonllc.com.
Complaints regarding the processing of your Personal Data may also be made directly to the relevant data protection regulator in the EU.