Your privacy is important to us. This privacy notice (“Privacy Notice”) applies to every person from the EEA:
- who visits or registers with Equinexcapital.com where this policy is posted (each a “Site”);
- who uses the products and services that we make available from the Site or who engages with us to use the services that Equinex Capital provides, as described on the Site (our “Services”);
- whose personal data we may process as a result of providing the Services to others;
- who contacts Equinex Capital either in relation to the Site or the Services; or
- who applies to work at Equinex Capital.
This Privacy Notice explains to data subjects in the EEA the type of personal data that Equinex Capital and their affiliates (“we”, or “us”) might collect from you, or which we have obtained about you from a third party, the purposes for which we process your personal data and your rights in respect of our processing of your personal data.
Please also note that this Privacy Notice only applies to the use of your personal data obtained by us, it does not apply to your personal data collected during your communications with third parties.
We are the data controllers responsible for your personal data processed via the Site.
Please note that depending on which Equinex Capital entity you contract with in relation to the Services, or to which Equinex Capital entity you apply for a job, or our partners may also be data controllers responsible for your personal data processed in relation to the Services.
Our primary goal in collecting personal data from you may be: (i) to verify your identity; (ii) to help us deliver the Services; (iii) to develop new products or Services and conduct analysis to enhance current products and Services; (iv) to review the usage and operations of the Site (and related Equinex Capital digital channels, including Equinex Capital social media channels) and to improve its content; (v) to provide you with customized Site content and site experience (including on related Equinex Capital digital channels, including Equinex Capital social media channels); (vi) to carry out requests made by you on the Site or in relation to Services; (vii) to investigate or settle inquiries or disputes; (vi) to comply with any applicable law, court order, other judicial process, or the requirements of any relevant regulator; (vii) to enforce our agreements with you; (viii) to protect the rights, property or safety of us or third parties, including our other clients and users of the Site or Services; (ix) to provide support for the provision of Services; (x) for recruitment, talent management, brand building, company communications and employment purposes; and (xi) to use as otherwise required or permitted by law.
To undertake these goals we may process the following personal data:
Visitors to the Site
- Contact information, including your name, job title, address, email address, telephone, or mobile number.
- Your interaction with the Site.
- IP address.
- Demographic information such as postcode, preferences and interests (including demographic information provided by third parties which may include amongst other things: location, hardware details for trouble shooting, search engine and social media interactions).
- Other information relevant to provision of Services.
Individual clients or investors to whom we provide or propose to provide Services
- Contact information, including your name, job title, address, email address, telephone, or mobile number wire transfer instructions.
- Other information relevant to provision of Services.
- Information that you provide to us as part of our providing the Services to you which depends on the nature of your agreement with Equinex Capital
- Relevant information as required by any regulatory Know Your Client and or Anti Money Laundering regulations (or similar) applicable to Equinex Capital. This may possibly include evidence of source of funds, at the outset of and possibly from time to time throughout our relationship with clients, investors, shareholders and intermediaries, which we may request and/or obtain from third party sources. The sources for such verification may comprise documentation which we request from the prospective client or through the use of online sources or both.
- Any other personal data you provide to us.
Individuals whose personal information may be processed by us as a result of providing the Services to others (including corporate clients, investors or intermediaries)
Primarily Equinex Capital is engaged by corporate clients, investors or intermediaries (i.e. other corporate entities) and as such those clients, investors or intermediaries are not data subjects. However as part of such instructions personal data about other persons may be provided to us, e.g. personal data relating, without limitation, to any workers, employees, partners, members, directors, representatives or similar of our corporate clients, investors or intermediaries or prospective clients, investors or intermediaries).
The following is a non-exhaustive list which is reflective of the varied nature of the personal data processed as part of our business.
For instance, if we are providing services to a corporate client, investor or intermediary we may be provided with, and then process, personal data about their representatives including but not limited to the representative’s name and contact details and any other information necessary to fulfil the Services (e.g. but without limitation including any regulatory Know Your Client and or Anti Money Laundering regulations (or similar) information).
We might also need to process personal data in relation to a corporate client’s, investor’s or shareholder’s workers who use a Service in the course of their work for such corporate entity.
Please note that in this Privacy Notice when we reference the processing of personal data related to any corporate clients, investors, or intermediaries we also mean any individual whose personal data may be processed by us as a result of providing the Services.
Potential recruits to Equinex Capital in the EEA
- Name and job title.
- Contact information including email address.
- Curriculum vitae, your education, employment history and similar matters and similar information that you may provide to us.
- Other information relevant to potential recruitment to Equinex Capital (including background checks, reference checks, immigration status, relevant test scores in relation to any application).
- Any other personal data you provide to us as part of any application for a job at Equinex Capital.
- Please note that Equinex Capital may also receive information from third party recruiters, agents and from your references as part of any recruitment process.
Suppliers (including trading counterparties, subcontractors and individuals associated with our suppliers and subcontractors)
We collect and process personal data about our suppliers (including trading counterparties) and their representatives in order to manage the relationship, contract, to receive services from our suppliers and, where relevant, to provide the Services to our clients.
We may use your personal data for the following purposes:
Fulfilment of Services
We collect and maintain personal data that you voluntarily submit to us during your use of the Site and/or our Services to enable us to perform the Services that we provide to you. Please note also that the terms of the relevant contract will also apply when we provide Services.
These purposes include:
- to ensure any investor is aware of the performance of their investment;
- to make necessary regulatory communications with clients, investors or intermediaries;
- general client, investor, or intermediary management to ensure Services are provided correctly; and
relationship management between Equinex Capital and any client, investor, shareholder or intermediary.
What is our legal basis?
It is necessary for us to use your personal data to perform our obligations in accordance with any contract that we may have with you or where it is in our legitimate interest or a third party’s legitimate interest to use personal data in such a way to ensure that we provide the Services in the best way that we can.
Business management, administration and legal and regulatory compliance.
We use your personal data for the following business management, administration and legal and regulatory compliance purposes:
- to manage and administer Equinex Capital’s business;
- to manage and administer any PAMM that we manage and in which you may be an investor (please note further information will be provided in the relevant LPOA);
- to comply with our applicable legal and regulatory obligations, including but not limited to Know Your Client, AntiMoney Laundering or Anti-Bribery or similar obligations);
- to enforce our legal rights;
- to maintain regulatory records of our business activities;
- to make any necessary corporate filings;
- protect rights of third parties; and
- in connection with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets.
What is our legal basis?
Where we use your personal data in connection with a business transition, to enforce our legal rights, or to protect the rights of third parties it is in our or a third party’s legitimate interest to do so. For all other purposes described in this section, it is our legal obligation to use your personal data to comply with any legal obligations imposed upon us.
Recruitment and Talent Management
We use your personal data for the following recruitment and talent management purposes:
- to assess your suitability for any position for which you may apply at Equinex Capital (or future positions for which we think you may be suitable) including employment or freelancer positions, member level positions, summer placements or internships and also any business support or services role whether such application has been received by us online, via email or by hard copy or in person application;
- to take any steps necessary to enter into any contract of employment (or otherwise) with you;
- to comply with any regulatory or legal obligations in relation to any such application; and
- to review Equinex Capital´s equal opportunity profile in accordance with applicable legislation. Equinex Capital does not discriminate on the grounds of gender, race, ethnic origin, age, religion, sexual orientation, disability or any other basis covered by local legislation.
What is our legal basis?
Where we use your personal data in connection with recruitment and talent management it will be in connection with us taking steps at your request to enter a contract we may have with you or it is in our legitimate interest to use personal data in such a way to ensure that we can make the best recruitment and talent management decisions for Equinex Capital or it is our legal obligation to use your personal data to comply with any legal obligations imposed upon us. We will not process any special data except where we are able to do so under applicable legislation or with your explicit consent.
Insight and Analysis
We analyse your contact details with other personal data that we observe about you from your interactions with our Site and/or with our Services.
- a session ID to track usage statistics on our Site;
- information regarding your personal or professional interests, demographics, buying habits, experiences with our products and contact preferences.
Our web pages contain “cookies” “web beacons” or “pixel tags” (all referred to in this Privacy Notice as “cookies”). Cookies allow us to track you, to count users that have visited a web page or opened an e-mail and collect other types of aggregate information.
By using this information, we are able to measure the effectiveness of our content, digital channels, and branding efforts and how visitors use our Site. This allows us to learn what pages of our Site are most attractive to our visitors, which parts of our Site are the most interesting and what kind of information our registered users like to see.
We also use this information for marketing purposes (see the “Marketing Communications” section below for further details).
What is our legal basis?
Where your personal data is not in an anonymous form, it is in our legitimate interest to use your personal data in such a way to ensure that we provide the very best products and services to you and our other clients.
Marketing communications. We carry out the following marketing activities using your personal data:
We use information that we observe about you from your interactions with our Site, our email communications to you, our interactions with you on our other digital channels such as social media and/or with Services (see the Insight and Analysis section above for more details of the information collected and how it is collected) and/or your address details, to provide information that we think will be of interest about us and our Services. For example, industry updates and insights, newsletters, invites to events and, where permitted by applicable law, promotional materials from Equinex Capital.
What is our legal basis?
Where your personal data is not in an anonymous form, such as your email address, it is in our legitimate interest to use your personal data for email marketing.
We will only send you marketing communications via email where you have consented to receive such marketing communications or where we have a lawful right to do so.
Online personalised advertising.
We use information that we observe about you from your interactions with our Site (and from third parties), our email communications to you and/or with Services (see the “Client Insight and Analysis” section above for more details of the information collected and how it is collected) to provide you with personalised online advertising.
What is our legal basis?
Where your data is not in an anonymous form, it is in our legitimate interest to use your data for marketing purposes.
Social media remarketing
We use information that we observe about you from your interactions with our Site, our email communications to you and/or with Services (see the Client Insight and Analysis section above for more details of the information collected and how it is collected) to provide you with personalised advertising on social media channels.
What is our legal basis?
Where your personal data is not in an anonymous form, it is in our legitimate interest to use your personal data for marketing purposes.
Your feedback about our Services
From time to time we will contact you to invite you to provide feedback about our Services. We use this information to help us improve the quality of service provided by our staff. We also use your feedback to monitor the quality of our Services.
What is our legal basis?
It is in our legitimate business interests to use the information you provide to us in your feedback for the purposes described above.
Where our use of your personal data requires your consent, you can provide such consent:
- at the time we collect your personal data following any instructions provided; or
- by informing us by e-mail, post or phone using the contact details set out in this Privacy Notice.
The Site uses certain essential and functional cookies, pixels, beacons, log files and other technologies to allow the Site to function (all referred to as “cookies”).
Please note that no marketing, advertising or analytics cookies are used by the Site.
For more information on cookie management and blocking or deleting cookies for a wide variety of browsers, visit www.allaboutcookies.org.
What are cookies?
Cookies and similar technologies are very small text documents or pieces of code which often include an anonymous unique identifier. When you visit a website or use a mobile application, a computer asks your computer or mobile device for permission to store this file on your computer or mobile device and access information from it. Information gathered through cookies and similar technologies may include the date and time of visits and how you are using the particular website or mobile application. Cookies are used by us as part of the functioning of the Site.
What cookies do we use on the Site? The table below sets out more information about the individual cookies used on the Site and the purposes for which they are used:
- Cookie Type:
Improve efficiency re server affinity. This is set so that when the load balancer directs users to a specific web server, the users continue to use that server. Although this is not something we require, it is controlled by amen.pt load balancer.
Essential and used for session management
For more information about Microsoft cookies please see:
Deleted when browser is closed
We will only share personal data with others when we are legally permitted to do so. When we share personal data with others, we use reasonable efforts to put contractual arrangements and security mechanisms in place to protect the personal data and to comply with our data protection, confidentiality and security standards.
Please note that when processing your personal data we may need to share it with other third parties as follows:
- Our affiliated companies and licensees using the Equinex Capital or other Equinex Capital affiliate name, including subsidiaries of such companies.
- Third party service providers that provide applications/functionality, data processing or IT services to us.
- We use third parties to support us in providing our services and to help provide, run and manage our internal IT systems. For example, providers of information technology, cloud based software as a service providers, identity management, website hosting and management, data analysis, data back-up, security, recruitment portals, advertising and marketing and storage services. The servers powering and facilitating that cloud infrastructure are located in secure data centres around the world and personal data may be stored in any one of them.
- Third party service providers that otherwise assist us in providing Services or information (including but without limitation any Administrator of an PAMM managed by Equinex Capital).
- Third party organizations that assist us with our marketing activities listing above.
- Auditors, lawyers, accountants and other professional advisers.
- Law enforcement or other government and regulatory agencies or to other third parties as required by, and in accordance with, applicable law or regulation.
Occasionally, we may receive requests from third parties with authority to obtain disclosure of personal data, such as to check that we are complying with applicable law and regulation, to investigate an alleged crime, to establish, exercise or defend legal rights. We will only fulfil requests for personal data where we are permitted to do so in accordance with applicable law or regulation.
Please note that, due to the international operations of Equinex Capital, where necessary to deliver the Services we will transfer personal data to countries outside the EEA (including to Equinex Capital partners) and such personal data may be stored on servers located outside the EEA. When doing so we will use reasonable efforts to comply with our legal and regulatory obligations in relation to the personal information including but without limitation having a lawful basis for transferring personal data and putting appropriate safeguards in place to ensure an adequate level of protection for the personal data.
Regarding visitors to the Site, we will retain relevant personal data for at least six years from the date of our last interaction with you and in compliance with our obligations under the EU General Data Protection Regulation or similar legislation around the world (or for longer as we are required to do so according to our regulatory obligations or professional indemnity obligations).
Regarding personal data we have processed as part of providing you with the Services, we will retain relevant personal data for at least six years from the date of our last interaction with you and in compliance with our obligations under the EU General Data Protection Regulation or similar legislation around the world (or for longer as we are required to do so according to our regulatory obligations or professional indemnity obligations). We may then destroy such files without further notice or liability. If you request your files and documents we may charge you for the costs of copying a duplicate.
Regarding personal data we have processed in relation to any recruitment activity, if you are unsuccessful in your application your personal data will be kept for a period after informing you that you were unsuccessful. If you are successful any retention protocols that apply to staff members at Equinex Capital will apply. In considering how long to keep your personal data its relevance to Equinex Capital’s business and your potential employment either as a record or in the event of a legal claim will be taken into account.
If personal data is only useful for a short period, e.g. for specific marketing campaigns, we may delete it after such retention period.
We take the security of all the personal data we hold very seriously. We use reasonable efforts to adhere to internationally recognised security standards.. We have a framework of policies, procedures and training in place covering data protection, confidentiality and security and regularly review the appropriateness of the measures we have in place to keep the personal data we hold secure.
Right of access
If you ask us, we will confirm whether we are processing your personal data and, if necessary, provide you with a copy of that personal data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
Right to rectification
If the personal data we hold about you is inaccurate or incomplete, you are entitled to have it rectified. If you are entitled to rectification and if we have shared your personal data with others, we will let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you who we have shared your personal data with so that you can contact them directly.
Right to erasure
You can ask us to delete or remove your personal data in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we have shared your personal data with others, we will let them know about the erasure where possible. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personal data with so that you can contact them directly.
Right to restrict processing
You can ask us to ‘block’ or suppress the processing of your personal data in certain circumstances such as where you contest the accuracy of that personal data or you object to us. If you are entitled to restriction and if we have shared your personal data with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we will also tell you who we have shared your personal data with so that you can contact them directly.
Right to data portability
With effect from May 25, 2018, you have the right, in certain circumstances, to obtain personal data you have provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.
Right to object
You can ask us to stop processing your personal data, and we will do so, if we are:
- relying on our own or someone else’s legitimate interests to process your personal data, except if we can demonstrate compelling legal grounds for the processing; or
- processing your personal data for direct marketing.
Rights in relation to automated decision-making and profiling
You have the right not to be subject to a decision when it is based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.
Right to withdraw consent
If we rely on your consent (or explicit consent) as our legal basis for processing your personal data, you have the right to withdraw that consent at any time.
Right to lodge a complaint with the supervisory authority
If you have a concern about any aspect of our privacy practices, including the way we have handled your personal data, you can report it to your local data protection regulators – for instance but without limitation those regulators in the EU :
In the UK the data protection regulator is the Information Commissioner’s Office (ICO). You can contact the ICO using the following website https://www.ico.org.uk.
In Ireland the data protection regulator is the Data Protection Commissioner- Ireland (DPC). You can contact the DPC using the following website https://www.dataprotection.ie/docs/Making-a-Complaint-to-the-Data-Protection-Commissioner/r/18.htm.
In Italy the data protection regulator is the Italian Data Protection Authority-Garante per la protezione dei dati personali (Garante Privacy). You can contact Garante Privacy using the following website http://www.garanteprivacy.it/web/guest/home_en.
The Site contains links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as Equinex Capital has no control over information that is submitted to, or collected by, these third parties.
We may make changes to this Privacy Notice from time to time.
To ensure that you are always aware of how we use your personal data we will update this Privacy Notice from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. We encourage you to review this Privacy Notice periodically to be informed of how we use your personal data.
If you have any questions about this Privacy Notice or want to exercise your rights set out in this Privacy Notice, please contact us by sending an e-mail to [email protected]
EFFECTIVE DATE: Oct 10, 2018, Version Number 1.1