Privacy Statement from Horizon Portfolio Limited and its feeder funds

  

 

Horizon Portfolio Limited (the “Master Fund”)

Horizon Portfolio I Limited (the “Fund”)

Horizon Portfolio, L.P. (the “LP”)

 

The Fund and the Master Fund are incorporated in the Cayman Islands and their registered office is at PO Box 309, Ugland House, George Town, Grand Cayman, KY-1104.

 

The LP is a limited partnership organised in Delaware, the United States. 

 

The Master Fund, the Fund and the LP shall collectively be referred to as the “Funds”.

 

About this privacy notice

 

The Funds are a data controller in respect of any of your personal data which they hold for the purposes of data protection law, such as the European Union’s General Data Protection Regulation. The Funds are responsible for ensuring that they use your personal data in compliance with data protection law.

 

International Fund Services (Ireland) Limited, the Fund’s administrator, will generally process personal data provided to it in connection with an investment in the relevant fund in accordance with the relevant fund’s instructions.

 

This privacy notice applies to you if (i) you personally are an applicant for shares in the Fund or interests in the LP, (ii) your personal data has been provided to the Fund or the LP in connection with an application for shares in the Fund or interests in the LP by another person (such as where you are a director, partner, trustee, employee, agent or direct or indirect owner of an applicant) or (iii) the Fund otherwise uses your personal data in accordance with this privacy notice. This privacy notice sets out the basis on which personal data about you will be processed by the Funds. Please take the time to read and understand this privacy notice.

 

Personal data that the Funds might use

 

The Funds might process the following personal data about you:

 

(a)        Information provided to the Funds by you or (if different) the applicant: This might include your name and address (including proofs of name and address), contact details, date of birth, gender, nationality, photograph, signature, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information. Such information might be provided in an application form or in other documents (as part of an application process or at other times), face-to-face, by telephone, by email or otherwise.

 

(b)        Information that the Funds collect or generate: This might include information relating to your (or an applicant’s) investment in the Fund or the LP, emails (and related data), call recordings and website usage data.

 

(c)        Information that the Funds obtain from other sources: This might include information obtained for the purpose of the Fund’s or the LP’s know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, sanctions checks, among other things), information from public websites and other public sources and information received from the applicant’s advisers or from intermediaries.

 

Uses of your personal data

 

Your personal data may be stored and processed by the Funds for the following purposes:

 

(a)        Assessing and processing applications for shares in the Fund or interests in the LP and other share dealings, including performing know-your-client procedures, issuing and redeeming shares, receiving payments from and making payments to the applicant, calculating net asset value, and overseeing these processes.

 

(b)        General business administration, including communicating with investors, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems and monitoring and improving products.

 

(c)        Compliance with legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments.

 

(d)        In respect of in information shared with Horizon Asset LLP (the “Investment Manager”) and its affiliates, their business activities relating to the Fund or the LP, such as investor relations, discussions with the Fund’s or the LP’s service providers and counterparties, decision-making in relation to the Fund or the LP, and business strategy, development and marketing.

 

The Funds are entitled to process your personal data in these ways for the following reasons:

 

(a)        If you are the applicant, you may enter into an investment contract with the Fund or the LP and some processing will be necessary for the performance of that contract, or will be done at your request prior to entering into that contract.

 

(b)        Processing may be necessary to discharge a relevant legal or regulatory obligation.

 

(c)        The processing will, in all cases, be necessary for the legitimate business interests of the Funds, the Investment Manager, the Fund’s administrator or another person, such as:

 

(i)         carrying out the ordinary or reasonable business activities of the Funds, the Investment Manager, the Funds’ administrator or other persons, or other activities previously disclosed to the Funds’ investors or referred to in this privacy notice;

 

(ii)         ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;

 

(iii)        establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and

 

(iv)        ensuring the security of information systems.

 

(d)        In respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be necessary for reasons of substantial public interest.

 

Disclosure of your personal data to third parties

 

The Funds may from time to time, in accordance with the purposes described above, disclose your personal data to other parties, including (a) the Investment Manager and its affiliates, (b) the Funds’ administrator and its affiliates, (c) professional advisers such as law firms and accountancy firms, (d) other service providers of the Funds, the Investment Manager and the Funds’ administrator, including technology service providers, (e) counterparties and (f) courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with the Funds’ instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties.

 

Transfers of your personal data outside the European Economic Area

 

Your personal data may be transferred to and stored by persons outside the European Economic Area (the “EEA”), and in particular may be transferred to and stored by affiliates or service providers of the Funds or the Funds’ administrator outside the EEA.

 

Where personal data is transferred outside the EEA, the Funds will ensure that the transfer is subject to appropriate safeguards or is otherwise permitted under applicable law. For example, the country to which the personal data is transferred may be approved by the European Commission, the recipient may have agreed to model contractual clauses approved by the European Commission that oblige them to protect the personal data, or the recipient may be located in the United States and be a certified member of the EU-US Privacy Shield scheme.

 

You can obtain more details of the protection given to your personal data when it is transferred outside the EEA, including a copy of any standard data protection clauses entered into with recipients of your personal data, by contacting the Fund using the details set out under “Contacting the Funds” below.

 

Necessity of personal data for an investment in the Funds or the LP

 

The provision of certain personal data is necessary for shares in the Funds or interests in the LP to be issued to any applicant and for compliance by the Fund or the LP and their service providers with certain legal and regulatory obligations. Accordingly, if certain personal data is not provided when requested, an application for shares might not be accepted or shares might be compulsorily redeemed.

 

Retention of personal data

 

How long the Funds hold your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which the Funds are using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which the Funds have to keep your personal data).

 

Your rights

 

You have a number of legal rights in relation to the personal data that the Funds hold about you. These rights include the following:

 

(a)        The right to obtain information regarding the processing of your personal data and access to the personal data that the Funds hold about you.

 

(b)        In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that the Funds transmit that data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to the Funds.

 

(c)        The right to request that the Funds rectify your personal data if it is inaccurate or incomplete.

 

(d)        The right to request that the Funds erase your personal data in certain circumstances. Please note that there may be circumstances where you ask the Funds to erase your personal data but the Funds are legally entitled to retain it.

 

(e)        The right to object to, and the right to request that the Funds restrict their processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask the Funds to restrict their processing of your personal data but the Funds are legally entitled to continue processing your personal data or to refuse that request.

 

(f)         The right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by the Funds.

 

You can exercise your rights by contacting the Funds using the details set out under “Contacting the Funds” below. You can find out more information about your rights by contacting an EU data regulator such as the UK’s Information Commissioner’s Office, or by searching their website at ico.org.uk.

 

Contacting the Funds

 

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions and requests to InvestorDataProtection@horizon-asset.co.uk  

 

 

Privacy Statement from Horizon Asset LLP

 

General

 

Horizon Asset LLP (“Horizon”, the “firm” or “we”) is committed to safeguarding the personal data which you may provide to Horizon (whether through this site or otherwise) or that Horizon itself may collect (including data collected when you visit our website). Horizon is a data controller in respect of any of your personal data which we hold for the purposes of data protection law, such as the European Union’s General Data Protection Regulation (GDPR). We are responsible for ensuring that we use your personal data in compliance with data protection law.

 

This privacy notice is divided into four sections as detailed below. Please read the sections applicable to your circumstances. The three distinct sections of this policy are below. Section 4 is applicable to all:

 

1. Prospective employees: this covers personal data you supply to the firm when you apply for a job at the firm or that the firm may collect about you in connection with such application.

 

2.  Prospective or current investors: this covers information you supply to Horizon and its Investor Relations team as a prospective or current investor.

 

3. Data policy for visitors to Horizon’s website or physical offices: this covers information supplied or collected by Horizon from those who visit its website for any other reason.

 

4. Applicable to all.

 

In each case this policy describes how Horizon collects, uses and processes your personal data, and how, in doing so, it complies with its legal obligations to you.

 

We may amend this privacy notice from time to time and updates will be posted here. Please visit this page to stay up to date.

 

Identity and contact details of data controller

 

With respect to each of the three circumstances referred to above we will be the data controller. Our contact details are:

 

Horizon Asset LLP

16 New Burlington Place

London W1S 2HX

 

You may contact InvestorDataProtection@horizon-asset.co.uk if you have any queries or concerns regarding the handling of your personal data.

 

 

1. Privacy notice for prospective employees

 

What kind of personal data does Horizon collect?

 

In order to assess your suitability for any employment opportunities that may be available, Horizon needs to process certain pieces of information about you. We will only ask for details that will assist us in this process, such as your name, contact details, education details, employment history, immigration status and references.

 

How does Horizon collect personal data?

 

Horizon may collect personal data through a range of means. These may include:

 

a)     direct interactions: where you provide personal data to us through telephone or email correspondence or other direct methods of communication, in CVs/ job applications;

b)    from third parties: such as recruitment firms;

c)     other publicly available sources (such as a websites (for example, LinkedIn) or publicly available registries (for example, FCA or other regulatory registers));

d)    your referees may share personal information about you with Horizon; and

e)     in some cases we may advise you that we will seek to do a background check – this will require you to sign a release form.

 

How does Horizon use your personal data?

 

Your personal details may be used by Horizon to help us: (a) to contact you to discuss your application and arrange any interviews; (b) assess your suitability for the role that you have applied for; (c) carry out background checks including criminal record checks, verification and referencing on you as a candidate (however background and criminal record checks will only be carried out once you have been offered a role and with your consent); (d) to carry out Horizon’s obligations relating to any potential contracts entered into between Horizon and you; (e) to comply with legal or regulatory obligations applicable to Horizon.

 

The provision and processing of your personal data is necessary for Horizon in the context of your potential employment. Without the ability to process your personal data, Horizon would not be able to assess you for employment at the Firm and therefore this is necessary for the legitimate business interests of the Firm as part of its pre-employment screening.

 

Who does Horizon share your personal data with?

 

Your personal data may be shared with Horizon’s affiliates for the purposes of candidate selection and appointment. Your personal data may also be shared with third party suppliers who provide screening and testing services to the firm as well as legal, tax and HR advisers and third party recruiters. If references are sought Horizon will also share your personal data with previous employers and referees.

 

How long does Horizon retain your personal data for?

 

If your application does not proceed to employment with Horizon we may retain your personal details for up to six months after the position you applied for is filled. After that point Horizon’s policy is to delete your personal data from its systems unless Horizon believes in good faith that the law or other regulation requires Horizon to retain it, or if Horizon considers that you may be suitable for an alternative role for which it is hiring. If you do receive an offer of employment, further details shall be provided to you on or before your start date regarding how your personal data may be used for the purposes of your employment.

 

Transfer of Personal Data outside the European Economic Area

 

Your personal data may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by individuals operating outside of the EEA who work for our affiliates or for one of our suppliers.

 

Where we transfer your personal data outside the EEA, we will ensure that it is protected in a manner that is consistent with how your personal data will be protected by us in the EEA. This can be done in a number of ways, for instance:

  • the country that we send the data to might be approved by the European Commission as offering a sufficient level of protection;
  • the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal data; or
  • where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme. 

In other circumstances the law may permit us to otherwise transfer your personal data outside the EEA. In all cases, however, we will seek to ensure that any transfer of your personal data is compliant with data protection law.

 

You can obtain more details about the protection given to your personal data when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your personal data) by contacting us in accordance with the “Contacting Horizon” section below.

 

Incidental personal data processed via email

 

During the recruitment process, we may receive certain personal data, such as the name, address, email and/or telephone number of a recruiter or referee. In such circumstances, the personal data of that contact may be retained on a general contact database that is maintained by Horizon or a third party service provider, and/or in Horizon’s email storage system, or the storage system of a third party, for as long as is necessary to process the personal data for the purpose for which Horizon is using it and to comply with our legal and regulatory obligations. Such personal data will be processed in compliance with Horizon’s data protection and data security policies and procedures.

 

 

2. Privacy notice for prospective or current investors

 

What kind of personal data does Horizon collect?

 

In order to provide you with information about Horizon and its Funds it may be necessary for Horizon to process certain personal information such as your name, and contact details, information required to classify you as a professional investor (under the UK FCA rules) who is located in a jurisdiction into which we are permitted to market.

 

How does Horizon collect personal data?

 

Horizon may collect personal data through a variety of means. These may include:

 

a)     direct interactions: where you provide personal data to Horizon through telephone or email correspondence or other direct methods of communication, including applications to invest in Horizon’s Funds;

b)    from third parties: such as intermediaries, financial advisers and banks in the case of prospective investors; and

c)     other publicly available sources such as a websites.

 

How does Horizon use your personal data?

 

Information about prospective investors may be used by Horizon: (a) for the purpose of reviewing a potential investment in the Fund; (b) assessing an investor’s appropriateness (as a professional investor) to invest in the Fund; (c) to carry out Horizon’s obligations relating to contracts to be entered into between the Fund and you; (d) for the general administration of potential investments into the Fund; and (e) to comply with legal or regulatory obligations and industry standards.

 

In order to ensure Horizon provides you with efficient investor relations service and access to information about Horizon and the Fund, Horizon may store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of conversations, meetings and investor preferences. The provision and processing of your personal data is necessary for Horizon in the context of your potential interest in the fund. Without the ability to process your personal data, Horizon would not be able to assess you as suitable to invest in the Fund and therefore this is necessary for the legitimate business interests of the Firm as part of its investor screening activities.

 

Who does Horizon share your personal data with?

 

Horizon may share personal data on prospective investors with the Fund, the Fund’s board, administrators to the Fund and their affiliates, professional advisers such as law firms and accountancy firms, as well as other third party service providers, including technology service providers. These third parties will be subject to confidentiality requirements and they will only use your personal data as specified by us in the relevant agreement and to the extent required by law. They may be permitted to further disclose the personal data to other parties.

 

How long does Horizon retain your personal data for?

 

How long Horizon will hold your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which Horizon is using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which the Funds have to keep your personal data).

 

Transfer of personal data outside the European Economic Area

 

Your personal data may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by individuals operating outside of the EEA who work for our affiliates or for one of our suppliers.

 

Where we transfer your personal data outside the EEA, we will ensure that it is protected in a manner that is consistent with how your personal data will be protected by us in the EEA. This can be done in a number of ways, for instance:

  • the country that we send the data to might be approved by the European Commission as offering a sufficient level of protection;
  • the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal data; or
  • where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme. 

In other circumstances the law may permit us to otherwise transfer your personal data outside the EEA. In all cases, however, we will seek to ensure that any transfer of your personal data is compliant with data protection law.

 

You can obtain more details about the protection given to your personal data when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your personal data) by contacting us in accordance with the “Contacting Horizon” section below.

 

Incidental personal data processed via email

 

In the process of providing our investor relations service and information about Horizon and its Funds, we may receive certain personal data, such as the name, address, email and/or telephone number of a financial adviser or other contact of prospective investors. In such circumstances, the personal

data of that contact may be retained on a general contact database that is maintained by Horizon or a third party service provider, and/or in Horizon’s email storage system, or the storage system of a third party, for as long as is necessary to process the personal data for the purpose for which Horizon is using it and to comply with our legal and regulatory obligations. Such personal data will be processed in compliance with Horizon’s data protection and data security policies and procedures.

 

 

3. Data policy for other visitors to Horizon’s website and offices

 

We use cookies on our website. A "cookie" is a piece of information that is saved to your computer's hard disk by the web server.  When someone visits our website we use a third party service to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make any attempt to find out the identities of those visiting our website.

 

Our website is administered by a third party service provider.

 

Please be aware that if you visit Horizon’s offices CCTV is in use for security purposes and that you will be recorded in public areas of the office. Please also be aware that many of our telephone lines are recorded and monitored in accordance with regulatory requirements applicable to us.

 

 

4. Your rights and contacting Horizon (applicable to all)

 

Your rights

 

You have a number of legal rights in relation to the personal data that the Firm holds about you. These rights include the following:

 

a)     The right to obtain information regarding the processing of your personal data and access to the personal data that the Firm holds about you.

b)    In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that the Firm transmits that data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to Horizon.

c)     The right to request that the Firm rectifies your personal data if it is inaccurate or incomplete.

d)    The right to request that the Firm erases your personal data in certain circumstances. Please note that there may be circumstances where you ask the Firm to erase your personal data but the Firm is legally entitled to retain it.

e)     The right to object to, and the right to request that the Firm restricts their processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask the Firm to restrict their processing of your personal data but the Firm is legally entitled to continue processing your personal data or to refuse that request.

f)     The right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by the Firm.

 

You can exercise your rights by contacting the Firm using the details set out under “Contacting Horizon” below. You can find out more information about your rights by contacting an EU data regulator such as the UK’s Information Commissioner’s Office, or by searching their website at ico.org.uk.

 

Contacting Horizon

 

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions and requests to InvestorDataProtection@horizon-asset.co.uk