PORTFOLIO PRIVACY STATEMENT
Endless LLP (“Endless”) respects the privacy and security of your personal data and is 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?
As a data controller 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”).
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 receive and hold that identifies you or is about you, for example your name or email address.
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?
As an employee and/or officer of a portfolio company in which funds managed by us have invested we may collect, retain and use the following types of personal data:
- Name, date of birth, gender & contact details including home address
- Identification documents and proof of home address
- The contents of your CV including experience and qualifications
- Information contained within your service contract including salary and bonus provisions and pension and benefits information
- Other work history and employment related information such as role description(s), length of service including employment start and termination dates, location(s) of employment, performance and records related to disciplinary or grievance procedures
- Information considered and obtained as part of contract negotiations with you
- Credit history
- Shareholdings in entities within the group
- Images of you included within photographs and/or video footage being used for marketing or promotional purposes
In addition, we may process more sensitive “special category” data related to health.
Why do we process your personal data?
We process your personal data so that we can effectively manage our investment in portfolio companies and to satisfy our regulatory compliance requirements.
We process health related data only where this is relevant to the assessment of your working capacity as an employee and to enable effective decisions to be made regarding your ability to perform the duties associated with your particular role and only to the extent we need to know that information to manage our investment.
On what basis do we process your personal data?
We process most of your information on the grounds of our legitimate interests (i.e. promoting the effective operation and administration of our business and the management of the investment we have made). We may also rely on the fact that we need to process your personal data to fulfil contractual obligations or to comply with a legal obligation.
Who will receive your personal data?
We only transfer your personal data to the extent we need to. Recipients of your personal data include:
- General service providers we use as part of our IT infrastructure
- Specialist service providers we use for specific functions
- Relevant regulatory bodies
- Professional advisers
- Other Group Entities
We may transfer your personal data outside of the EEA to standard global service providers 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?
Unless required by law or regulation to retain data for a longer period, we will retain your personal data only for so long as it is needed to further the purpose for which it was collected. Your information will be kept securely at all times. Following the end of the relevant period the 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, 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 the 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 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. 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 we would welcome the opportunity to address those concerns with you. However, you can also report your concerns to 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.