ACHELOUS PARTNERS– GLOBAL PRIVACY NOTICE
Last modified on 1 October 2018

Achelous Partners is committed to protecting your personal data. This Privacy Notice explains how we process and protect your personal data and respect any rights you benefit from under your local law.

1. PURPOSE OF THIS PRIVACY NOTICE

This Privacy Notice aims to give you information on how we collect and process your personal data, including any data you may provide through this website for example if you in touch such as by phone or email.

It is important that you read this privacy policy together with any other statements or fair processing notices we may provide on specific occasions when we collect or process personal data so that you are fully aware of how and why we are using your data. This Privacy Notice supplements those other notices and is not intended to override them.

2. ABOUT US

In this Privacy Notice "Achelous Partners", "we", "us" and "our" refers to our US office processing your personal data under this Privacy Notice. Contact details of our office can be found here. The data controller(s) in respect of your personal data will be Achelous Partners.

The following controls our EU marketing database, including for sending you occasional marketing information: Achelous Partners LLC. Where we process your personal data during your website visits.

Achelous Partners LLC is responsible for processing your personal data.

3. THIRD PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. You should read any policies and other statements on such websites carefully.

4. THE DATA WE PROCESS ABOUT YOU

Personal data means any information about an individual from which that person can be identified. It does not include data which has been anonymized such that a person’s identity has been removed.

We may collect, use, store and transfer different kinds of personal data. The categories of personal data which we process include:

• Contact Data such as names, job titles and other identifiers together with addresses, e-mail addresses and telephone numbers.
• Client Data including personal data in connection with and as a result of, providing our services (aside from Contact Data). This personal data varies according to the matter in question and in particular, depends on whether you represent a business or are an individual client. For example, we typically hold data about key contacts and other employees within our business clients, including information about their involvement in a matter or transaction.
• Third-Party Data including data about people other than clients in connection with our services (e.g. Data Room Providers). This usually includes Contact Data about other professionals and counterparties to a transaction. It might also include data about trustees and beneficiaries such as their names and addresses. It may also include data about third party source of funds and those with a beneficial interest in a particular legal entity.
• Technical Data including internet protocol (IP) addresses, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website. This may also include information about how you use your website and our services.
• Marketing Data includes marketing and communication preferences and data used for networking and business development such as employment history, role and information about personal interests.

5. FAIR AND LAWFUL PROCESSING

In some cases, where required by local law, we may ask you for explicit consent for processing your personal data for a specific purpose. We only collect, use, disclose or otherwise process your personal data where it is fair and lawful to do so. Where we need to collect personal data by your local law, under the terms of a contract we have with you or the organization you represent or for another lawful reason and you fail to provide that data, we may not be able to fully perform our obligations and provide you with the information you require, or even provide our services to you at all.

6. HOW YOUR PERSONAL DATA IS COLLECTED

Most of the personal data which we hold is collected directly, whether through an online data room, by email, over the phone or through face to face interactions, and will be directly from you or in some cases might be provided by your colleagues. Some of the technical data which we collect may be collected automatically as you interact with our website for example via the use of cookies and similar technologies.

7. PURPOSES FOR WHICH WE USE YOUR PERSONAL DATA

We will only use your personal data when local law allows us to. The information below explains the purposes for which we use different categories of personal data. Your local law may require us to set out in this Privacy Notice the legal grounds on which we rely in order to process your personal data. In such case the information below also explains the legal basis or bases which we believe applies to those uses. We may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data.

• Operating the Achelous Partners website

We process Contact Data and Technical Data to operate our website. This data also helps us to administer our website including troubleshooting, data analysis, testing, system maintenance and support. This means:

Our website records a variety of general data and information each time you or an automated system accesses the website. This general data and information is saved in server log files. The following may be recorded: the browser type and version used, the operating system used by the accessing system, the website from which an accessing system accesses our website (called a referrer), the sub-pages accessed on our website by an accessing system, the date and time at which the website was accessed, an internet protocol address (IP address), the internet service provider of the accessing system, and other similar data and information that serves to protect against hazards in case of attacks against our IT systems.

We do not use this general information and data in such a way that allows it to be associated with you directly. This information is instead used to correctly supply the content of our website, optimize the content of our website and advertisements on the site, ensure the long-term functionality of our IT systems and website technology, and provide criminal prosecutors the information they need for criminal proceedings in case of a cyber-attack. This data and information is recorded anonymously by Achelous Partners for statistical purposes, and is analyzed with the goal of improving data privacy and data security in our company, in order to ultimately ensure an optimal level of protection for the personal information we process. Anonymous server log file data is stored separate from all personal information provided by you.

In addition, we use cookies on our website. Cookies are text files stored and saved on your computer system by your web browser. Using cookies allows us to provide users of this website with more user-friendly services. This would not be possible without saving cookies. Data is collected and stored for marketing and optimization purposes. This data is used to create pseudonymous usage profiles, and for other purposes. Cookies may be used to create these profiles.

Cookies can be used to optimize the information and services available on our website to benefit users. They allow us to recognize returning website visitors. The purpose of this recognition is to make it easier for users to utilize our website. Users of a website that stores cookies, for example, do not need to input their access details each time they visit the site, since the website and the cookie saved on the user's computer system handles this function. This website uses analytic cookies (such as Google Analytics) in order to improve the quality and content of our website. Analytic cookies tell us how the website is being used, helping us continuously optimize our services.

You can prevent our website from saving cookies at any time by changing their web browser settings accordingly, thereby permanently objecting to cookies. In addition, cookies saved in the past can be deleted using a web browser or other software program at any time. All current web browsers are capable of deleting such cookies. If a user deletes cookies saved in their web browser, all functions of our website may not be available in full.

The use of data for this purpose is in our legitimate interests in managing and improving our website and its content which is an important tool for the development and operation of our business, and for network security.

Achelous Partners website includes information that allows you to quickly contact our company via electronic means and to communicate directly with us. You may contact us through the e-mail addressed provided. If you contact Achelous Partners via e-mail, the personal data transmitted by you is automatically saved. Such personal data provided voluntarily by you to Achelous Partners is saved for the purposes of processing or contacting you. We process your personal data for handling your request.

• Providing our services

We use Contact Data, Client Data, Third-Party Data, and sometimes Technical Data for the purpose of providing our services, and related tasks such as invoicing and payment, handling enquiries and administering our complaints procedure. This purpose may also involve us disclosing personal data to for example, other professionals involved in the matter such as solicitors, finance providers, accountants, and the advisors of counterparties. Occasionally, Contact Data and Client Data may also need to be disclosed to insurers. Where we are acting for you personally, we use data in this way on the basis that it is necessary for fulfilling our client agreement with you for the provision of the services. In addition, and also where we are acting for your organization, we use this data on the basis that it is necessary for our legitimate interests in providing our core function.

• Managing our relationship with you

We use Contact Data, Client Data, Third-Party Data, and sometimes Technical Data for the purpose of managing our relationship with you and our internal operations, such as asking you to provide feedback. We may also need to use this to respond to new enquiries which we may receive.

We do this on the basis that it is necessary for our legitimate interests in improving efficiency, training and monitoring of staff, quality control, and statistical analysis of our business performance.

• Regulatory compliance

Under your local law Achelous Partners may regulated by public authorities and is required to comply with the rules specified by that body as well as rules relating to the avoidance of money laundering and other financial crime. Where required under your local law, we use Contact Data, some Third-Party Data and Client Data, to comply with those rules such as date of birth, passport and driving license details. Some of this is obtained from third party sources including information which is a matter of public record. We may also need to disclose information to our auditors which from time to time may include Client Data.

This is necessary to ensure that we comply with the legal obligations which we are subject to in particular those we adhere to as a regulated body including regulations in relation to the proceeds of crime and money laundering avoidance.

• Managing non-client relationships

We use Third Party Data about suppliers, intermediaries and other professionals including investors, finance providers, solicitors, accountants, and legal and other professional advisors of counterparties. This usually only includes Contact Data in relation to those persons.

It is necessary to use data for this purpose for our legitimate interest in retaining services directly with such third parties, or otherwise because it is for the benefit of our clients in connection with a matter. Using this data facilitates a proper working relationship with third party professionals. We also use some of this data for business development purposes.

• Marketing and business development

We may send to you marketing communications such as information about our services and upcoming events. This use includes Contact Data and Marketing Data whether relating to our clients, professional advisors or other contacts. It may also include some Technical Data where we track user activity and engagement with marketing messages.

It is necessary for us to use data in this way to fulfil our legitimate interests in developing our business, winning new work and increasing our profile. The type and content of marketing messages subscribers receive, and if it may contain third party content, is clearly outlined at the point of subscription.

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

8. CHANGE OF PURPOSE

Where your local law requires us to do so, we will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. Please also note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

9. DATA TRANSFERS TO OTHER COUNTRIES

Your personal data may be transferred to and processed in other countries where laws governing the processing of your personal data may be less stringent than the laws in your country (including jurisdictions outside the European Union or the European Economic Area).

To deliver our services to you, it is sometimes necessary for us to share your personal data outside the European Union (EU), for example:

• with Achelous Partners office or entities outside the EU
• with your and our service providers located outside the EU
• if you are based outside the EU
• where there is an international dimension to the matter in which we are advising you
• if one of our members of staff needs to access it remotely while they are travelling outside the EU.

In such cases, where required by local law, we will ensure that there are adequate safeguards in place to protect your personal data. Depending on the location of the Achelous Partner office exporting the relevant personal data, this adequate safeguard might be a data transfer agreement with the recipient based on standard contractual clauses approved by the European Commission. Where we are legally required to do so, further details of these transfers and copies of these agreements are available from us on request.

By using our website and services, to the extent required and valid under your local law, you explicitly consent to your personal data being transferred and processed this way.

10. YOUR CHOICES REGARDING DIRECT MARKETING

We may periodically send you promotional materials related to our services which we believe are useful for you, if you have opted-in to receive such messages via e-mail or any other electronic channel (where such opt-in is required under your local law). If you do not wish to receive such communication anymore, you will always have the opportunity to “opt out” or withdraw your consent by following the unsubscribe instructions provided in each of our direct marketing e-mails or by contacting us directly (please see our contact information at “How to contact us” below).

11. YOUR PRIVACY RIGHTS

Depending on your location, you may have various rights in relation to your personal data towards Achelous Partners. These rights may include:

• Request access to your personal data (a “data subject access request”). This means you can receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of your personal data: This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. You can ask us to remove personal data where there is no good reason for us continuing to process it. You also have this right where you have successfully exercised your right to object to processing, where we may have processed your data unlawfully or where we are required to erase your personal data to comply with law. We may not always be able to comply with your request where there are particular legal reasons.
• Object to processing of your personal data where we rely on a legitimate interest basis and if the processing impacts on your fundamental rights and freedoms. You can also object to direct marketing. In some cases, we may demonstrate that we have grounds to process your data which override your rights and freedoms.
• Request restriction of processing. You can ask us to suspend the processing of your personal data: if you want us to establish the data’s accuracy; where our data use is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer need it, to establish, exercise or defend legal claims; or you have objected to use of data but we need to verify whether we have overriding legitimate grounds to use it.
• Request a data transfer. We will provide to you, or your chosen third party (where applicable), your personal data in a structured, commonly used, machine-readable format. This only applies to automated information which you provided consent for us to use or necessary to perform a contract with you.
• Withdraw consent at any time where we rely on consent to process your personal data.This will not affect the lawfulness of processing carried out before you withdraw your consent.

In addition, depending on your location, you may have the right to make a complaint to the competent supervisory authority. We would, however, like the opportunity to assist you with any concerns before you approach the competent supervisory authority so please contact us in the first instance using the details above. Note that there may be exceptions to certain rights in particular, taking account of the nature of our work. For example, regulatory rules may mean that certain data cannot be disclosed in response to a request.

12. DATA SECURITY

As the party responsible for processing this data, Achelous Partners has taken many different technical and organizational measures to provide protection for personal information processed through this website. However, in general, all transmissions of data over the internet may be affected by gaps in security, and it is not possible to guarantee absolute protection. Because of this, all affected parties are also free to provide their personal information through alternative pathways, for instance over the telephone.

13. DATA RETENTION

Statutory retention periods are used as the criteria for how long our company archives personal information. After the expiration of the legal retention period, such data is routinely deleted if it is no longer required to fulfill an agreement or initiate a contract. If the purpose for which data was saved is eliminated, or if the archiving term specified by European regulators and issuing bodies expires, personal information is routinely blocked or deleted according to statutory regulations.

14. HOW TO CONTACT US - Contact details of our office:

Achelous Partners, LLC
Floor 21 800 Third Avenue
New York NY 10022
Phone: +1 212 660 7250
Contact: eric.zitter@achelous.com

• Any questions regarding this Privacy Notice

If you have any questions about this Privacy Notice, including any requests to exercise your privacy rights or if you have any other questions about how we handle personal data under this Privacy Notice, in the EU, please contact the data protection officer of Achelous Partners: In the U.S. or any other country outside of the EU, please contact:

Achelous Partners LLC c/o Eric L. Zitter, Chief Compliance Officer : Floor 21, 800 Third Avenue New York, NY 10022 +1 (212) 660-7250 E-mail: eric.zitter@achelous.com

15. CHANGES TO THIS PRIVACY NOTICE

This Privacy Notice was last modified on October 1, 2018. This document is a notice to you and not a contract between us. We may occasionally modify or amend it from time to time. When we make changes to this Privacy Notice, we will update the revision date at the top of this Privacy Notice. Where those changes are material, we will take steps to let you know. The new modified or amended Privacy Notice will apply from that revision data. Please always verify whether you have consulted the latest version of the Privacy Notice.