Privacy Notice

1. INTRODUCTION

This Privacy Notice aims to give you information about how we collect and process your personal data either through your use of this website (https://www.tristancap.com/), or in relation to general enquiries before you become a client and we issue you with a Privacy Notice. This includes any data you may provide through this website when, for example, you sign up to receive our newsletters or other published information, or request further information from us either via the website or other means.

Our website is not intended for children and we do not knowingly collect data relating to children from our website. If the products or services we supply to you require us to collect data relating to children relevant information will be provided to you in an appropriate privacy notice.

It is important that you read this Privacy Notice together with any other privacy notice that we may provide on specific occasions when we are collecting or processing your personal data.

Data Controller and our Contact Details

Tristan Capital Partners LLP is the controller and responsible for your personal data (collectively referred to as ”Company”, “we”, “us” or “our” in this Privacy Notice).

We have appointed a Data Protection Officer who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights relating to your personal data, please contact the Data Protection Officer using the details set out below.

Our full details are:

Full name of legal entity: Tristan Capital Partners LLP

Name of Data Protection Officer: Tina Ng

Email address: tng@tristancap.com

Postal address: Tristan Capital Partners, 8th Floor, Berkeley Square House, Berkeley Square, London, W1J 6DB

Complaints and Contacting the Regulator

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to make a complaint in the UK at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues. You can contact them by calling +44 (0) 303 123 1113 or go online to www.ico.org.uk/concerns(opens in a new window; please note we can’t be responsible for the content of external websites).

If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.

We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us in the first instance using the details set out above.

Changes to the Privacy Notice and / or Your Data

This version of our Website Privacy Notice was effective on 1st March 2022. This Privacy Notice may be amended from time to time, consistent with changing legal, regulatory, or client requirements. We will post any changes to this Privacy Notice on our website. If we make a material change to this Privacy Notice, we will provide you with appropriate notice on our website prior to the change becoming effective. We encourage you to periodically review our website for the latest information on our privacy practices.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third Party Links

Our 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 statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. YOUR PERSONAL DATA

Personal data is any information about an individual, from which that person can be identified. It does not therefore include data where the identity has been removed (anonymous data), including for statistical or analysis purposes.

From our website or as a result of initial enquires or requests for further information we may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.

Contact Data includes address, email address and telephone numbers.
Financial Data includes card details.

Technical Data includes internet protocol (IP) address, your login data, 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 this website.

Profile Data includes your username and password, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our website, products and services.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

We do not collect any Special Categories of Personal Data about you from our website, also known as Sensitive Personal Data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

If you become a client we will issue a separate privacy notice detailing the additional personal data we will collect, how it will be processed and your rights and freedoms in respect of the same.

3. HOW DO WE COLLECT YOUR PERSONAL DATA?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email, via our website or otherwise. This includes personal data you provide when you:

subscribe to our service or publications;

request marketing to be sent to you;

give us some feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy tab on website for further details.

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources such as set out below:
Analytics providers (such as Google Analytics).
Contact, Financial and Transaction Data from providers of technical, payment and delivery services
Identity and Contact Data from data brokers, recruitment agencies, aggregators, etc.
Identity and Contact Data from publicly availably sources

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.
Where we have obtained your consent.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

We set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new client or customer

(a) Identity

(b) Contact

Performance of a contract with you

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Your consent (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Your consent (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

Your consent.

To review and process your CV/recruitment application if sent to us directly (i.e. not through an agency or headhunter)

Identity
Contact

Performance of a legitimate request following contact made by applicant.

Your consent.

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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the details set out in the section above about the Data Controller and our Contact Details.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please 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.

Cookies

We will ask for your consent to place cookies on your device, except in certain circumstances where cookies are necessary for the transmission of a communication, or where cookies are strictly necessary for us to provide you with a service that you have requested.

You can withdraw your consent to the use of non-essential cookies or manage any other cookie preferences by visiting our preference management centre for cookies in the footer of our website.

You can also set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please contact us for our IT policy.

6. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table above.

Internal Third Parties (see Glossary).

External Third Parties (see Glossary).

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. INTERNATIONAL TRANSFERS

We may share your personal data within the Tristan Capital Partners Group. This would involve transferring your data outside the European Economic Area (EEA).

Some of our external third parties are based outside the United Kingdom (UK) or the European Economic Area (EEA) so their processing of your personal data may involve a transfer of data outside the UK or the EEA.

Whenever we transfer your personal data out of the UK or the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the regulator. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countriesandInternational transfers after the UK exit from the EU Implementation Period.

https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en

https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers-after-uk-exit/

Where we use certain service providers, we may use specific contracts approved by the relevant regulator which give personal data the same protection it has in UK or the EU. (for further details, see European Commission: Model contracts for the transfer of personal data to third countriesandInternational transfers after the UK exit from the EU Implementation Period), and having undertaken a transfer impact assessment, we are satisfied that the data subjects of the transferred data continue to have a level of protection essentially equivalent to that under the UK / EU data protection regime.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers-after-uk-exit/

Please contact us if you would like further information on the specific mechanism used by us when transferring your personal data out of the UK or the EEA using the details set out in the section above about the Data Controller and our Contact Details.

8. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting us using the details set out in the section above about the Data Controller and our Contact Details.

Please note that we are required to retain some information for seven years in order to comply with legal and regulatory requirements.

In some circumstances you can ask us to delete your data (you can find further details on how and when to do that in section 10 below about Your Legal Rights) and in others we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10. YOUR LEGAL RIGHTS

You have rights under data protection laws in relation to your personal data, including to:

Request access to your personal data (known as a subject access request or SAR) – this enables you to 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 that we erase your personal data - This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data - This enables you to object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request that we restrict the processing your personal data - This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw your consent to us processing your personal data - where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact our Data Protection Officer using the details set out in the section above about the Data Controller and our Contact Details.

Please note that, whilst you will not normally have to pay a fee to access your personal data (or to exercise any of the other rights), we may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

In order to confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights) we may need to request specific information from you. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. GLOSSARY

This section explains the terminology used above. If you have further questions please contact us using the details set out in the section above about the Data Controller and our Contact Details.

Aggregated Data means statistical data about several individuals that has been combined to show general trends or values without identifying individuals within the data.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Internal Third Parties means other companies in the Tristan Group acting as controllers or processors and who are based inside and outside the UK or the EU, and who may provide IT and system administration services and undertake leadership reporting among others.

Special Categories of Personal Data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation. For the purposes of this Privacy Notice, we treat personal data about the commission or alleged commission of any offence, or any proceedings for any offence committed or alleged to have been committed, the disposal of such proceedings or the sentence of any court in such proceedings as Special Categories of Personal Data too.

External Third Parties means

Service providers acting as processors who provide IT and system administration services.

Professional advisers acting as processors or controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities acting as processors or controllers who require reporting of processing activities in certain circumstances.

Ole Christian Iversen

Ulrik H. Johannessen