Data Protection Policy- Private Equity

Who is the data controller for the personal data

The data controller for the personal data is Altamar Private Equity, S.G.I.I.C., S.A.U. (the ‘Management Entity’ or ‘AltamarCAM’).

Address: Paseo de la Castellana, 91, 28046, Madrid, Spain

Telephone: +34 91 290 07 00

Email: altamarcam@altamarcam.com

AltamarCAM has appointed a Data Protection Officer, who is responsible for overseeing compliance on the subject of data protection, and who can be contacted by email at: dpo@altamarcam.com

What type of personal data does AltamarCAM process and how is it obtained?

As a result of the Investment agreement, AltamarCAM may engage in the processing of identification data for: (i) the Investor; (ii) the Investor’s legal representative(s); (iii) the Investor’s beneficial owners; (iv) the owners that indirectly control the company; (v) members of the Investor’s management team; (vi) family members and minors, if applicable. In addition, as a result of the Investment Commitment, AltamarCAM may engage in processing of socio-economic data; data on reputation, solvency, risk, and fraud; and data on compliance or non-compliance with financial obligations. Here, all this data will be referred to jointly as the ‘Personal Data’.

AltamarCAM obtains the Personal Data using the following means, as applicable: (i) from the commitment letter and suitability test; (ii) from interviews or from telephone conversations with investors, whether in relation to queries, requests, or contracting of any product, or in relation to any transaction or operation; (iii) from third-party databases maintained for purposes of combatting money laundering and fraud; (iv) from various open-access media; (v) from the records of public entities; and finally (vi)  (vi) from databases on compliance or non-compliance with financial obligations. All this personal data may be stored in the Management Entity’s computerised file systems.

In order to process the Investor’s request, it is compulsory for all data requested to be provided. The above is understood as without prejudice to the need to provide any other data the Management Entity may ask for in conformity with the legislation applicable at the time when that request is being managed, and refusal to provide that data may make it impossible to manage such requests.

What is the purpose and legal basis for AltamarCAM’s processing of an Investor’s personal data

The execution of your investment commitment entails the following data processing:

The Management Company shall treat your Personal Data to complete the investment made through this Investment

• Likewise, depending on the fund where you are investing, the Management Company shall be entitled to assign only those Personal Data which may be strictly necessary, to third party depositories of the appropriate fund where you are investing. If you would want to know the identity of those depositaries do contact the Management Company.
• Data processing required to comply with accounting, legal, tax and administrative obligations of the fund.
• Data processing required to manage any consultations, data updating, suggestions and claims from your side.
• The Management Company may consult and process your patrimonial solvency data and credit records provided by any entity providing credit and patrimonial solvency information services, as well as from the Bank of Spain’s Central Credit Register in order to prove the degree of commitment with the proposed investment. In the case you would not assume your investment commitments, the Management Company may carry out certain activities aimed to require its accomplishment.
• The Management Company may assign any other identification data (including those obtained in compliance with antimoney laundering and terrorism financing regulations) when required in order to complete investments made by any funds managed by the Management Company. Consequently, those Personal Data may be notified to the underlying funds, coinvestments or investments in other type of vehicles, their depositories and to any other service provides for the exclusive purpose of closing or holding those investments. Such assignment shall be carried out with all guarantees and under the Personal Data assignment proportionality and minimizing principles. Assignees may be based inside or outside the European Union and the Investor shall be regularly informed of the identity of those assignees. In any event, if the Investor wanted to obtain further detail relating those assignees it shall be entitled to request such information from the Data Protection Delegate of AltamarCAM.
• The Management Company will periodically provide the Investor with information on the products contracted. Additionally, though the Investor’s “Private Area”, hosted on the corporate website, the Management Company will process the relevant information, as well as the data related to the verification of the identity that allows access to each.
• Lastly, only when the Investor does not comply with the investment commitments acquired, the Management Company may carry out payment requirement activities.
• Consequently, by executing this Investment Commitment Letter, the Investor declares to be aware and to accept the foregoing conditions.

Compliance with a legal obligation:

• Due to the obligations imposed by the relevant rules on anti-money laundering and terrorist financing prevention (Law 10/2010, of 28 April, prevention of money laundering and terrorism financing and Royal Decree 304/2014 of 5th May approving the Regulations to Law 10/2010, of 28 April, prevention of money laundering and terrorism financing) the Management Company:
• Will be obliged to formally and really identify the Investor and any person requesting any product from the Management Company. The Management Company also has to identify the professional or entrepreneurial activity of the foregoing. To such effect, the Management Company shall request from the Investor those documents considered necessary to evidence the development of the activity declared by the Investor.
• Can communicate Investor’s Personal Data to those entities directly and indirectly participated by AltamarCAM CAM Partners S.L., located in the European Union for the purposes of compliance with any anti-money laundering and terrorist financing prevention rules. You may obtain further detail regarding such entities through the following URL: https://www.altamarcam.com/altamarcam-entities/.
• Can request and update of the Investor’s Personal Data, both through the AltamarCAM Group internal data bases and through external data bases set up for anti-money laundering and terrorist financing prevention purposes.
• Can communicate Investor’s Personal Data to public administrations and regulators located both inside or outside the European Union when such assignment is mandatory under the applicable laws due to material public order reasons.
• With the aim of avoiding any fraudulent behavior, the Management Company may disclose Investor’s Personal Data to centralized information systems and to those entities directly and indirectly participated by Altamar CAM Partners S.L., located in the European Union. You may obtain further detail regarding such entities through the following URL: https://www.altamarcam.com/altamarcam-entities/
• Also, on the basis of other regulations to which the Management Company may be subject to, different regulatory authorities or Courts may require information regarding personal data of the Investor.
• Data treatment derived from the exercise of Investor’s data protection rights, from the obligation detailed in the Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights.

Legitimate interest:

The communication of the Investor’s Personal Data to those entities directly and indirectly participated by Altamar CAM Partners S.L., located in the European Union for administrative and activity coordination within the business purpose of the Management Company consisting of investment advice and alternative asset management services. You may obtain further detail regarding such entities through the following URL: https://www.altamarcam.com/altamarcam-entities/

This treatment shall not entail any breach of the Investor’s data protection rights since only those data relevant for the purposes listed above will be processed for this purpose. In order to reach this conclusion, the Management Company has carried out an analysis in order to weight AltamarCAM’s legitimate interest based on the following criteria: (i) all the information treated is based on specific data that the investor knows, (ii) the treatment is legitimized by law, (iii) will inform in the moment of the acquisition of the fulfillment of this treatment, (iv) there is a clear option of objection always through any of the means established in the paragraph entitled “How do I exercise my personal data protection rights?”

 Commercial communications sent by post or presentation at meetings. Developed in the paragraph entitled “Communications and commercial labors”

In case that an Investor is interested in learning more about the weighting analyses that have been carried out for these identified treatments, you may contact AltamarCAM´s Data Protection Delegate through the address: dpo@altamarcam.com

Do we process third party data?

The Management Company may process third party personal data including the following: legal representative(s), ultimate beneficial owner(s), indirect controlling entities, directors, close associates and minors. The Investor hereby declares that the Personal Data and third party information notified by the Investor by filling this Investment Commitment Letter is true and accurate and that the Investor has informed and obtained the consent of any such third parties to assign their personal data as part of the investment documents to be filled in by the Investor. Likewise, the Investor should be able to give this third parties the data protection information with the aim of informing of the treatment of his data by the Management Company. At any moment, the Investor may require this information, through the e-mail: dpo@altamarcam.com or through the web link: 

https://www.altamarcam.com/legal-notice/. As regards the processing of personal data on minors, the Management Company shall only process such information with the due authorization of the minor’s legal representative (parent/ tutor).

Do we assign or allow third party access to your personal data?

The Management Company will only assign your Personal Data to:

• Depositaries of the funds where you shall be investing.
•  Management companies of underlying funds, those underlying funds, co-investments or investments in other type of vehicles, their depositaries and any other company providing services only for the purposes listed in the section entitled “What is the purpose of AltamarCAM’s processing your Personal Data and AltamarCAM’s legitimacy to do so”.
• Regulators and public institutions of the State General Administration, Autonomous Communities and Local Entities administration or any other authorities located within or outside the European Economic Space when AltamarCAM shall be under a legal obligation to assign such personal data.
• Competent courts.
• Solvency or credit risk common data basis: either common data basis on monetary obligations compliance or to the Bank of Spain Risk Information Central.
• In order to avoid fraudulent behavior, as well as to centralize the obligations regarding anti-money laundering, data may be shared between entities that are directly or indirectly participated by Altamar CAM Partners, S.L. located within the European Union. Detailed available to consultation in our website at: https://www.altamarcam.com/altamarcam-entities/, as well as in centralized information systems.

Likewise, third party service providers of the Management Company (such as auditors, external experts, legal counsel, consultancy service providers, IT maintenance service providers, technological platforms, development and service of data hosting, backed copy services, financing services, potential purchasers or investors, administrative and document destruction services, amongst other) may access Personal Data in the provision of their services. The Management Company selects and hires those services providers based on certain criteria pertaining data protection compliance, has included relevant personal data protection provisions in the agreements formalized with them and controls that such provisions are duly complied with.

It may be the case that the management companies of underlying funds or entities providing the services listed in the paragraph above may be located in countries outside the European Union, whose level of data protection is not the same as that of the European Union, mainly located in the U.S.A. or Chile. In this cases, we are in the assumptions described in article 49 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), or in compliance with article 46 of the same regulatory body, AltamarCAM takes the adequate guarantees signing an agreement that stablishes the contractual clauses approved by the European Commission to guarantee the protection of Personal Data, as well as reinforced measures with the aim that these third parties guarantee a level of protection similar to the European level with specific measures to preserve confidentiality, integrity, availability, resilience, and control of the personal data that it may process. If you need additional information or details of the contractual measures you can contact the Data Protection Officer of AltamarCAM at: dpo@altamarcam.com.

Communications and commercial labors

The Management Company may, if the Investor does not indicate the contrary by ticking the following box, process personal data in order

to send information, both through electronic or ordinary means, though other services or products offered by it.

The legal basis to be able to offer AltamarCAM’s products is found on:

• In the case of communications by any electronic mean, the Law 34/2002, of 11th July, on information society services and ecommerce.
• In the case of communicating through telephone calls from managers the Law 9/2014 of 9th May on Telecommunications
• In the case of communicating through postal mail or promotional documentation that may be delivered at presentations, the Management Company considers that it has a legitimate interest in carrying out these activities after a weighing analysis of these interest and the data protection rights of its customers. In particular, the interest of improving and personalizing the different services offered and generating new investment commitments, will not harm de data protection rights of the clients, based on the following criteria: (i) all activity done is realized based on the information obtained from the client, (ii) there is a prior contractual relationship between the client and the Management Company, (iii) the commercial communications are referred to products and services of the Management Company similar to those acquired previously, (iv) the client is hereby informed of the processing that the management company may carry out, and lastly (v) there is a clear option to object to the processing , both in this document and throughout the client’s life with the Management Company, as established in the paragraph entitled “How can I exercise my personal data protection rights?”. If you want to know all the detail about the analysis carried out on the subject, you can request it through the following address: dpo@altamarcam.com. Only if the Investor is interested the Management Company will communicate its data to other entities participated by Altamar CAM Partners, S.L. https://www.altamarcam.com/altamarcam-entities/ so they can send them commercial communications, both through electronic or ordinary media (telephone calls or postal mail), about services and products offered by these entities. Lastly, AltamarCAM, with the aim of carrying out tasks of commercialization of financial products and services may, except express refusal by marking the box below, use your name, company name or brand, mentioning your status as an AltamarCAM investor 

Data Protection Risk Analysis

The Management Company has carried out a risk analysis to guarantee the protection of all the processes identified in this document. In the issues analyzed, , the following aspect were taken into account; processing of special categories of data: volume of data; third party participation in the data flow; evaluation of personal aspects of individuals; categorization/segmentation; performance of solvency management tasks; use of external files as a reference, hiring of external suppliers, transfer of data; bases of legitimation of the processing and the possibility of exercise of the data protection rights by the interested, among others. Following the analyses done, Data Protection Impact Assessments have been carried out, which have been determined after the previous risk analyses carried out. Any additional information can be consulted in the following email contact: dpo@altamarcam.com.

How long will we store your personal data?

Any Personal Data provided by you to the Management Company will only be processed as long as there is a contractual relationship in place between you and the Management Company. Upon termination of such contractual relationship, the Management Company will keep your Personal Data duly blocked, during the statute of limitation applicable to the contractual relationship held with you. In any event, the Management Company will keep that information obtained as mandated under the anti-money laundering and terrorist financing prevention rules for a period of 10 years from the termination of the relevant contractual relationship. Upon expiry of such 10 year term your personal data shall be duly erased from the Management Company systems.

How can I exercise my rights on the subject of data protection?

The Investor can exercise its rights of access, amendment, suppression, challenge and also its right to request that the processing of its personal

data be limited, the portability of such personal data and its right not to be subject of automated individualized decisions, through written notice to the Data Protection Delegate/ Management Company Compliance Department, at Paseo de la Castellana 91, 28046 Madrid, enclosing a copy of its national identity card number or other identification document or through written notice sent to dpo@altamarcam.com.

Where can claims on the subject of data protection be submitted?

If the Investor considers that its data protection rights have been breached or has any other claim relating to its personal data it shall be entitled

to file a claim with the Data Protection Delegate of the AltamarCAM so that the latter may solve such claim. To such effect the following address may be used: dpo@altamarcam.com. In any event, any interest party may appear before the Spanish Data Protection Agency, which is the regulator in charge of data protection matters, http://www.aepd.es.