Investor Privacy Statement
Endless LLP and its affiliates (“Endless”) respect the privacy and security of your personal data and are committed to protecting that information. This Privacy Statement provides information about the personal data we process, why we process it, how we process it and your legal rights in connection with it. It is important that you read this notice, together with any other privacy notice, fair processing notice or other documentation we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we use your data. In order to stay up to date with new laws or changes in the ways we handle data, we reserve the right to amend the terms of this Privacy Statement from time to time.
What are our responsibilities?
Endless is a data controller of the personal data that it receives. As an investment manager, Endless determines data processing activities jointly with the General Partners of the funds under its management. The relevant General Partner will depend on the fund for which you have requested or have already been granted admission, but be can be identified as follows:
- Endless Fund II: Endless (GP) LP
- Endless Fund III: Endless III (GP) LP
- Endless Fund IV: Endless IV (GP) LP
- Enact Fund II: Enact II GP LLP
As data controllers we are required to comply with data protection laws, including the General Data Protection Regulation 2016 (“GDPR”), the Data Protection Act 2018 and any subsequent national implementing laws or successor legislation (collectively referred to as the “Data Protection Legislation”). This Privacy Statement is provided by each of us.
We are committed to following the data processing principles in ensuring that personal data are:
- Processed lawfully, fairly and transparently
- Collected and processed for limited purposes with a view to minimising that data and their storage
- Accurate and processed in a manner that ensures integrity and confidentiality
- Collected and processed in a manner that allows for accountability
What is personal data?
Your personal data includes all the information we hold that identifies you or is about you, for example, your name or email address. It also includes any sensitive information that we may hold about you, such as medical and health records (known as “special categories of data” in GDPR).
What is processing?
Everything we do with your personal data counts as processing it, including collecting, storing, amending, transferring and deleting it. We are therefore required to comply with the Data Protection Legislation to make sure that your information is properly protected and used appropriately.
What kinds of personal data do we hold?
We may collect, retain and use data provided by you or third parties in connection with your application and admission to funds managed by us, including any information provided in your Subscription Agreement or other associated documentation, or in relation to due diligence performed on you. The information we receive may include the following types of personal data:
- Contact details such as your name, title, email addresses, postal address and telephone numbers.
- Other personal details needed to verify your identity, such as your date of birth.
- Copy identification documents such as passports, driving licences and/or utility bills.
- Details of your employment, investment history and expertise, your scale and sources of net worth and your tax status. In some cases this could also include opinions that we document about you or your investment experience.
- Information relating to (including your financial interest in) the investment funds managed by us.
- Bank account details.
At Endless we do not, under any circumstances, collect “special categories” of sensitive personal data about you relating to your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, trade union membership, health or genetic and biometric data. We will only process information related to criminal records, association with legal or regulatory enforcement proceedings, or your political exposure where such information is revealed by background checks which we are required to conduct.
Why do we process your personal data?
We only process your personal data in connection with our investment activities. As an active or potential investor in one of our funds we may need to process personal data in relation to your identity, photographic image, residential address and geographical location, date of birth, contact details, source of wealth and profile in order to admit you or your organisation as an investor in one of our funds (including in particular complying with applicable anti-money laundering regulations or other legal requirements to which we are subject) and to perform our obligations to you as an investor, in accordance with the terms of our contract with you, once admitted.
In particular, for the purposes of transmitting funds we need to process information relating to your tax residence status or nominated bank account(s). Additionally, we may process your data in order to communicate with you, by issuing surveys, updates or other news from Endless, and by processing invitations and responses for events organised by Endless. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. However, please note that we may process your personal data without your knowledge or consent in accordance with these rules.
On what basis do we process your personal data?
We process most of your information on the grounds that we need to process your personal data to enter into or perform a contract with you, or to comply with a legal or regulatory obligation. We also process your information on the grounds of our legitimate interests (i.e. promoting the effective operation and administration of our business).
If none of the grounds set out above apply, we will obtain separate consent from you to the processing of your personal data. You can withdraw your consent at any time. However, this wouldn’t affect the lawfulness of any processing we carried out prior to you withdrawing your consent.
Who will receive your personal data?
We only transfer your personal data to the extent we need to. Recipients of your personal data may include:
- Service providers, including those we use as part of our IT infrastructure
- Background check providers
- Professional advisers, intermediaries and service providers used in connection with our fund management activities (including our bankers)
- Regulatory bodies and authorities
We may transfer your personal data outside of the EEA to service providers or professional advisers operating in other jurisdictions. We will only transfer data where a finding of adequacy has been made, which means the EU Commission is satisfied that any data transferred will be adequately protected or where a data transfer agreement incorporates EU model clauses meaning that appropriate safeguards will govern the transfer of the data.
How do we ensure that your data is secure?
We have put in place appropriate physical, technical and organisational security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. In the unlikely event of a suspected or actual breach of personal data, we have procedures in place to address the breach as well as to notify you and any applicable regulator where we are required to do so.
How long will we keep your personal data?
We will retain your personal data for 12 years from the date your relationship with us terminates. We retain your information for this period to comply with legal, accounting and regulatory requirements. Your information will be kept securely at all times. Following the end of the 12 year period your files and personal data we hold about you will be permanently deleted or destroyed.
What are your rights?
You benefit from a number of rights in respect of the personal data we hold about you. We have summarised your rights below, and more information is available from the Information Commissioner’s Office website (https://ico.org.uk/for-organisations/guide-to-the-general-data-protectio...). These rights apply for the period in which we process your data.
1. Access to your data
You have the right to request confirmation that we process your personal data, as well as access to your personal data. You can also ask us to provide some additional information in relation to our processing of your personal data although most of that information corresponds to the contents of this Privacy Statement.
We will provide the information free of charge unless your request is manifestly unfounded or excessive or repetitive, in which case we are entitled to charge a reasonable fee. We may also charge you if you request more than one copy of the same information.
We will provide the information you request as soon as possible and in any event within one month of receiving your request. If we need more information to comply with your request, we’ll let you know.
2. Rectification of your data
If you believe personal data we hold about you is inaccurate or incomplete, you can ask us to rectify that information. We will comply with your request within one month of receiving it, unless we don’t feel it’s appropriate in which case we’ll let you know why. We’ll also let you know if we need more time to comply with your request.
3. Right to be forgotten
In some circumstances, you have the right to ask us to delete personal data we hold about you. This right is available to you:
- where we no longer need your personal data for the purpose for which we collected it;
- where we have collected your personal data on the grounds of consent and you withdraw that consent;
- where you object to the processing and we don’t have any overriding legitimate interests to continuing processing the data;
- where we have unlawfully processed your personal data (i.e. we have failed to comply with Data Protection Legislation); and
- where the personal data has to be deleted to comply with a legal obligation.
There are certain scenarios in which we are entitled to refuse to comply with a request. If any of those apply, we’ll let you know.
4. Right to restrict processing
In some circumstances you are entitled to ask us to suppress processing of your personal data. This means we will stop actively processing your personal data but we don’t have to delete it. This right is available to you:
- if you believe the personal data we hold isn’t accurate then we’ll cease processing it until we can verify its accuracy;
- if you have objected to us processing the data (see below) then we’ll cease processing it until we have determined whether our legitimate interests override your objection;
- if the processing is unlawful; or
- if we no longer need the data but you would like us to keep it because you need it to establish, exercise or defend a legal claim.
5. Data portability
You have the right to ask us to provide your personal data in a structured, commonly used and machine-readable format so that you are able to transmit the personal data to another data controller. This right only applies to personal data you provide to us:
- where processing is based on your consent or for performance of a contract (i.e. the right does not apply if we process your personal data on the grounds of legitimate interests); and
- where we carry out the processing by automated means.
We’ll respond to your request as soon as possible and in any event within one month from the date we receive it. If we need more time, we’ll let you know.
6. Right to object
You are entitled to object to us processing your personal data:
- if the processing is based on legitimate interests or performance of a task in the public interest or exercise of official authority;
- for direct marketing purposes (including profiling); and/or
- for the purposes of scientific or historical research and statistics.
In order to object, you must have grounds for doing so based on your particular situation. We will stop processing your data unless we can demonstrate that there are compelling legitimate grounds which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of legal claims.
Automated decision making
Automated decision making means making a decision solely by automated means without any human involvement. This would include, for example, an online credit reference check that makes a decision based on information you input without any human involvement.
We don’t carry out any automated decision making using your personal data.
Your right to complain about our processing
If you think we have processed your personal data unlawfully or that we have not complied with the Data Protection Legislation, you can report your concerns to the supervisory authority in your jurisdiction. The supervisory authority in the UK is the Information Commissioner’s Office (“ICO”). You can call the ICO on 0303 123 1113 or get in touch via other means, as set out on the ICO website - https://ico.org.uk/concerns/.
Our General Counsel, Simon Hardcastle, has day to day responsibility for ensuring we comply with the Data Protection Legislation and for dealing with any requests we receive from individuals exercising their rights under the Data Protection Legislation.
If you have any questions or would like more information about the ways in which we process your data, please contact Simon Hardcastle on 0113 210 4000 or alternatively at firstname.lastname@example.org.