Averna LLP, and its affiliates, (“We”) are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 2018 (the “Act”), the data controller is Averna LLP of 13 Tedworth Square, London, SW3 4DU.

1. Information we may collect from you

Web Site

We may collect and process the following data about you:

• Information that you provide by filling in forms on our Web Site https://avernacapital.com (our “Web Site”). This includes information provided at the time of registering to use our Web Site, posting material or requesting further services. We may also ask you for information when you report a problem with our Web Site.
• If you contact us, we may keep a record of that correspondence, including your name, phone number, email address and any other information you provide to us about you.
• Details of your visits to our Web Site including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.
• Various personal and financial details as well as any details of goods or services that we have provided to you.

IP addresses We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

Cookies For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information and are transferred to your computer’s hard drive and used to track your usage patterns and preferences, helping Averna to make the Web Site quicker and easier for you to use. They help us to improve our Web Site and to deliver a better and more personalised service. Some of the cookies we use are essential for the Web Site to operate.

We use the following cookies:

– Google analytics:

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These cookies are used to improve the user experience of the Web Site by building up anonymous data profiles that enable us to understand user journeys and behaviour across the Web Site.

You block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be to access all or parts of our Web Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon you visit our Web Site.

Except for essential cookies, all cookies will expire after the session has ended.

Investors

We may collect the following information provided to us about previous, current and future investors who are natural persons and about the individuals associated with the investors who are non-natural persons:

(i)  Personal contact information such as first name, last name, place and date of birth, gender, nationality, business and home telephone, fax, postal or e-mail address and such other identifiers that we may request;

(ii)  Government issued identifiers such as passport, identification card, tax identification number, national insurance number;

(iii)  Financial and tax information such as financial qualifications for subscription, bank details, invested amount and holdings in funds, employment details, details of your sources of wealth, tax identification details, individual self-certification form for tax reporting;

(iv)  Information regarding a potential investor’s eligibility to invest in a fund.

Service providers suppliers and professional advisors

We store limited amounts of personal information relating to service providers, suppliers and professional advisors (and individuals employed by or otherwise connected with any such third party) including personal contact information such as first name, last name, gender, business and home telephone, fax, postal or e-mail address as well as job title, qualifications and employer organisation.

Transaction personnel

If you are involved in a transaction that we and/or the funds that we manage or advise enters into, or a potential transaction that we consider, we may store personal information relating to you. This might include your CV, details of your previous employment history, business profile and professional activities, information relating to your financial status and dealings, nationality information (including copies of identity documents such as passports and national identity cards), references provided by third parties, and results of other due diligence carried out.

2. Uses made of the information and the legal basis

Website

We use information held about you in the following ways:

• To ensure that content from our Web Site is presented in the most effective manner for you and for your computer.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our service, when you choose to do so.
• To notify you about changes to our service.
• To contact you and respond to queries.
• To market our services.

The lawful basis for the processing of your personal data through the Web Site will generally be because it is necessary for our legitimate interests in operating the Web Site as part of our business, and communicating with individuals who express an interest in Averna.  In some circumstances, the performance may be necessary for the performance of a contract or to comply with a legal obligation.

Investors

We require personal information in respect of Averna funds for a number of reasons, including:

• verifying the identity of prospective investors for the purpose of complying with the statutory and regulatory requirements of the relevant fund and any functionary of the fund in relation to anti-money laundering requirements
• evaluating and complying with any anti-money laundering, regulatory and tax requirements in respect of the relevant fund;
• contacting investors with information about other products and services provided by us which we consider may be of interest to investors;
• carrying out the function of the manager of the relevant fund and administering the investor’s investment in the fund;
• meeting the legal, regulatory, reporting and/or financial obligations of the relevant fund or any functionary of the relevant fund or elsewhere, including, without limitation, with respect to compliance with the US Foreign Account Tax Compliance Act (“FATCA”) and the OECD common reporting standard (“CRS”) or any legislation, regulations or guidance enacted in any jurisdiction that seeks to implement a similar tax reporting or withholding tax regime; and
• any purpose ancillary to the management and operation of the relevant fund and/or any of its investments.

In the case of investors and individuals associated with investors, our legal basis for processing personal information about you is that such processing is, in some cases, necessary for the performance of a contract, and in other cases is necessary for compliance with a legal obligation or is necessary for our legitimate interests in running and operating our business and ensuring effective communications with investors.

Service providers suppliers and professional advisors

We will hold personal information relating to service providers, suppliers and professional advisors (and individuals employed by or otherwise connected with any such third party) for thepurposes of (without limitation):

• administering and maintaining records of services or advice we have received and commissioning further services;
• complying with our regulatory, tax and legal obligations, including assessing and managing risk;
• safeguarding our legal rights and interests; and
• seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants.

In the case of personal information relating to service providers, suppliers and professional advisors (and individuals employed by or otherwise connected with any such third party), our legal basis for processing personal information about you is that such processing is, in some cases, necessary for the performance of a contract, and in other cases is necessary for compliance with a legal obligation or is necessary for our legitimate interests in running and operating our business and ensuring effective communications with our providers and other business contacts.

Transaction personnel

We require personal information relating to transaction personnel for the purposes of (without limitation):

• assessing potential transactions;
• maintaining records of investments;
• administering any transaction that we enter into;
• assessing your suitability for involvement in a transaction, including by verifying your identity;
• complying with our regulatory, tax and legal obligations, including assessing and managing risk;
• safeguarding our legal rights and interests;
• seeking and receiving advice from our professional advisors, including accountants, lawyers and other consultants; and
• providing periodic business updates.

In the case of transaction personnel, our legal basis for processing personal information about you is that such processing is necessary for our legitimate interests in assessing potential transactions and, occasionally, for compliance with legal obligations.

3. Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by an affiliate of us operating outside the EEA. Such affiliate maybe engaged in, among other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.

We will ensure that appropriate or suitable safeguards are in place to protect your personal information and that transfer of your personal information is in compliance with applicable data protection laws.

Where required by applicable data protection laws, we have ensured that service providers (including affiliates) sign standard contractual clauses as approved by the European Commission or other supervisory authority with jurisdiction over the relevant Firm exporter. You can obtain a copy of any standard contractual clauses in place which relate to transfers of your personal data by contacting us using the details set out below.

You have a right to request a copy of any data transfer agreement under which your personal data is transferred, or to otherwise have access to the safeguards used. Any data transfer agreement made available to you may be redacted for reasons of commercial sensitivity.

4. Your rights as a data subject

Right to access, correct and delete your personal data

We aim to ensure that all personal data are correct. You also have a responsibility to ensure that changes in personal circumstances (for example, change of address and bank accounts) are notified to us so that we can ensure that your data is up-to-date.

You have the right to request access to any of your personal data that we may hold, and to request correction of any inaccurate data relating to you. You furthermore have the right to request deletion of any irrelevant data we hold about you.  To correct/update data about yourself, please contact us using the details set out below.   

Data portability

Where we are relying upon your consent or the fact that the processing is necessary for the performance of a contract to which you are party as the legal basis for processing, and that personal data is processed by automatic means, you have the right to receive all such personal data which you have provided to us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.

Right to restriction of processing

You have the right to restrict our processing of your personal data where:

• you contest the accuracy of the personal data until we have taken sufficient steps to correct or verify its accuracy;
• where the processing is unlawful but you do not want us to erase the data;
• where we no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims; or
• where you have objected to processing justified on legitimate interest grounds (see below) pending verification as to whether we have compelling legitimate grounds to continue processing

Where personal data is subjected to restriction in this way we will only process it with your consent or for the establishment, exercise or defence of legal claims.

Right to withdraw consent

Where we have relied on your consent to process particular information and you have provided us with your consent to process data, you have the right to withdraw such consent at any time. You can do this by contacting us using the details set out below. It will only however be rarely that we rely on your consent to process personal data.

Right to object to processing justified on legitimate interest grounds

Where we are relying upon legitimate interest to process data, then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

Right to complain

You also have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes applicable law.

For further information regarding your rights, or to exercise any of your rights, please contact us using the details set out below.

Right to “Opt out”

Right to “be forgotten” I.e the removal of your data

5. Automated decision making and profiling

At present, we do not operate any automated decision-making procedures in relation to profiling of users of the Web Site or investors.

In the event that we decide to apply automated decision making and profiling in relation to the personal data that we hold, the details of any such procedures shall be made available.

6. Disclosures

Disclosures relating to investors

In relation to personal data processed in connection with a fund, each fund’s structure involves legal entities affiliated with Averna that allow us to operate and fulfil its aims.

We also rely on third parties to help us document, effect and administer investments in each fund both at the outset and on an on-going basis.  We may, therefore, transfer personal data to third parties from time to time including:

• Our legal and other advisers including, without limitation, to allow them to facilitate investments in the relevant fund.
• Any fund’s outsourced administrator or other service providers, such as depositaries, that provide administrative services to the fund.
• Our financial service providers, such as placement agents, custodians, banks and others used to facilitate transactions.

Other disclosures

In wider circumstances, we may also transfer personal data to third parties, including:

• Entities with the Averna group,

• Our legal and other advisers.
• Our financial service providers, such as placement agents, custodians, banks and others used to facilitate transactions.
• Our other service providers such as IT service providers and consultants, that provide support and administrative services to us.
• Credit reference agencies.
• Financial intermediaries.
• Other persons who have an interest or involvement in, or who are considering an interest or involvement in, an Averna transaction, including co-investors, other providers of finance and investors in our funds.

There may also be circumstances where we are obliged by law to disclose personal data, including to law enforcement or other government agencies, tax authorities, applicable regulators (or in response to requests from such parties) or in the context of litigation.

7. Retention of personal data

We endeavour to ensure that personal data are kept as current as possible and that irrelevant or excessive data are deleted or made anonymous as soon as reasonably practicable.

Our general approach is to only retain personal data for as long as is required to satisfy the purpose for which it was collected by us or provided by you. In relation to investors, this will usually be the period of your investment plus the length of any applicable limitation period following the end of your investment, although some data may need to be kept for longer, such as contact information for the purposes of marketing further investment opportunities.  We may keep some specific types of data, for example, tax records, for different periods of time, as required by applicable law.  Some personal data may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.

8. Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

9. Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected].  Please also contact us at this address if you wish to exercise any of the rights described above.