Privacy Statement

Elysium Fund Management Limited

This website, www.elysiumfundman.com (the “Site”), is the website of Elysium Fund Management Limited ("EFML", "we", "us" or "our") having our registered office at PO Box 650, 1st Floor, Royal Chambers, St. Julian's Avenue, St. Peter Port, Guernsey, GY1 3JX.

It is important to us that we protect the privacy of personal information and for you to know what type of information we collect and how we treat information we may receive from you.

This Privacy Statement sets out how EFML uses and protects any personal information that you give to EFML either when you use the Site or by other means e.g. filling out forms which contain your personal information.

The Site's home page and other sections giving general information do not request, require or collect personal information. Other areas of the site may request personal data. Such personal information will be held and processed by EFML in accordance with the Data Protection (Bailiwick of Guernsey) Law, 2017 (as amended) (the “Data Protection Law”) and this Privacy Statement.

The types of information we collect from you

We may collect and store the following types of personal information about you when you use the Site or by corresponding with us (for example, by letter or email) for any reason. The information given to, or collected by us (including data available in the public domain) may include:

information obtained from identification documentation (including your name, contact details, nationality and national identity numbers (where applicable));
your professional title and occupation;
your age and marital status;
financial information, tax status, account details and evidence of ownership of financial assets;
personal identifiers such as your social security number, national insurance number, tax file number, IP address or our internal electronic identifiers;
information which we or our service providers need to conduct ‘know your client’ checks such as details relating to your passport and credit history;
other information you provide in the course of your dealings with us or which we require to provide you with products and services;
information in connection with communications you send us, for example to report a problem, recruitment enquiries and legal or regulatory enquiries; and
details of the functions and services you use on the Site.

The personal data we collect may also include so called ‘sensitive’ or ‘special categories’ of personal data. Where reasonably practicable, we will usually seek permission from you in writing to process these special categories of personal data.

Automated collection of information

Each time you use the Site, we may automatically collect the following types of information:

Technical information: For example, the type of internet browser and the operating system. This information would be used to help provide a good user experience on the Site.
Log information: For example, the details of the use of the Site by you, the visits to the Site and traffic data. This information would be used to help us understand how users use the Site and to improve user experience.

Legal basis for processing

Our processing of your personal information is necessary: (i) for the performance of contracts to which you will be a party and in order to take steps at your request prior to you entering into those contracts; (ii) where required by a legal or regulatory obligation; and (iii) for the purposes of legitimate interests pursued by us.

Legitimate interests

Our processing of your personal data is necessary for the purposes of legitimate interests pursued by us, namely: (i) collecting user information to provide you with a safe, smooth, efficient and customised experience; (ii) to make sure you receive updated information on EFML's business activities; (iii) to provide the services you have requested and to provide them efficiently; (iv) to ensure that the content on the Site is presented in the most effective manner for you and your device; (v) to allow you to participate in any features on the Site when you choose to do so; (vi) for our own marketing, research and investor relations; (vii) in connection with our investment activities; and (viii) for the efficient running of our business.

Purposes of processing and use of your personal information

We may use your personal information specifically to:

consider your application where you have applied for a position with us;
carry out our obligations arising from any agreements entered into between you and us;
communicate with you;
administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
keep the Site safe and secure;
report regulatory and tax related information to regulatory and tax authorities in order to comply with a legal obligation, including any obligation arising under legislation implementing the U.S. Foreign Account Tax Compliance Act of 2010, as amended, and the Organisation for Economic Co-operation and Development's Common Reporting Standard; and
comply with legal and regulatory obligations.

Disclosure of personal information

Except as expressly set out in this Privacy Statement we do not share, sell, or lease personal information about you to any third parties for their marketing use.

We may disclose personal information to service information requests, respond to legal requirements, enforce our policies and protect our rights and property. The personal information you provide to us may also be shared with our affiliates if this is necessary to fulfil our obligations, respond to your enquiries or for any other related purposes.

We may also provide third party advisers and service providers access to information where they support or provide services to us. We will ensure that if we share information with, or provide access to, third party service providers, any such disclosure or access is at all times in compliance with data protection legislation.

We may also share your personal information with:

third parties who support our information technology or handle mailings or events on our behalf;
law enforcement agencies, other governmental agencies or third parties if we are required by law to do so, or in other limited circumstances (for example if required by a court order or regulatory authority, or if we believe that such action is necessary to prevent fraud or cyber-crime or to protect the Site, our technology assets or the rights, property or personal safety of any person);
third party advisers who assist us in relation to our investment and other business activities; and
other business entities should we plan to merge with or be acquired by that business entity, or if we undergo a re-organisation with that entity.

How long will we keep your information?

We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us reviewing our files to check that information is accurate, up-to-date and still required.

Your rights

You have a number of rights concerning the way that we use your information. At any time, you have the right to:

be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third-party sources from whom it was obtained, confirmation of whether we undertake automated decision-making, including profiling, and the logic, significance and envisaged consequences);
request access to or a copy of any personal data we hold about you;
request the rectification of your personal data, if you consider that it is inaccurate;
request the erasure of your personal data, if you consider that we do not have the right to hold it;
object to your personal data being processed for a particular purpose or to request that we stop using your information;
request not to be subject to a decision based on automated processing and to have safeguards put in place if you are being profiled based on your personal data;
ask us to transfer a copy of your personal data to you or to another service provider or third party where technically feasible; and
ask us to stop or start sending you marketing messages at any time by using the below contact details (see "Opt-Out" below).

Any request for access to or a copy of your personal data must be in writing and we will endeavour to respond within a reasonable period and in any event within one month in compliance with applicable data protection legislation.

Security and storage of your information

Although we maintain physical, electronic, and administrative safeguards to protect your personal information from unauthorised or inappropriate access, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your personal information transmitted to us or provided though the Site.

Personal information that you submit may be sent to, and stored on, secure servers owned by or operated for us. If we collect personal information about you through the use of the Site we will only retain that information for as long as is reasonably necessary to fulfil the activity requested, or as may be required by law.

Transferring data outside of Bailiwick of Guernsey

Your personal information may be transferred to, and stored at, a destination outside of the Bailiwick of Guernsey, the European Union and/or to countries which have not been deemed to provide adequate protection by the European Commission ("Third Party Countries").

When we, or our permitted third parties, transfer your information to Third Party Countries, we or they will impose contractual obligations on the recipients of that data to protect your information to the standard required by the Data Protection Law.

We or they may also require the recipient to subscribe to international frameworks intended to enable secure data sharing. Details of such safeguards will be made available on request.

In the case of transfers by us, we may also transfer your information: (i) to a country within the EU; (ii) to a country deemed by the European Commission to provide adequate protection of your information; or (iii) where you have consented to the transfer.

Opt-Out

You also have the option of "unsubscribing" from our mailing list for email news alerts and updates at any time, thereby disabling any further such email communication from being sent to you.

If you decide at any time that you no longer wish to receive such information from EFML, please contact EFML at Elysium Fund Management Limited, PO Box 650, 1st Floor, Royal Chambers, St Julian's Avenue, St Peter Port, Guernsey, GY1 3JX or on +44 (0)1481 810 100, or by emailing elysium@elysiumfundman.com with the word 'remove' in the subject line and the email address that you wish to be removed within the email.

In addition, each electronic mailing we send you will contain details of how you can unsubscribe.

Automated processing

We do not carry out automated decision-making or profiling in relation to your personal information.

Contacting Us/Complaints

If you have any questions about this Privacy Statement, please contact EFML by email (elysium@elysiumfundman.com) or by telephone (+44 (0)1481 810 100) before using this website.

If you have any concerns about our use of your information, you also have the right to make a complaint to the Office of the Data Protection Authority, which regulates and supervises the use of personal data in Guernsey and whose website is https://www.odpa.gg/.

Changes to this Policy

We may amend this Privacy Statement at any time by posting the amended terms on the Site. All amended terms will automatically take effect immediately on posting. Please check this Privacy Statement periodically to inform yourself of any changes. If you do not accept the changes made to this Privacy Statement you should immediately stop using the Site.

Version: August 2024