DATA PRIVACY STATEMENT
Summary
To meet the requirements of the EU General Data Protection Regulation we have updated our privacy policy.
We process your personal information to fulfill the loan agreement that you have entered into with us and to comply with money laundering legislation. The personal information we process are name, address and your social security number. We are Data Controller for the personal information and keep your information secure.
Your personal information may be shared with our service providers, delegates and their duly authorized agents and any of their respective related, associated or affiliated companies.
We keep your personal information as long as you have active loan agreements with us or as long as it is required for settlement and accounting purposes or to meet any legislative requirements.
You have the right to gain insight into the personal information we register and treat about you. If you think we have registered incorrect information about you, please contact us and we will correct the information. You can also contact us, if you require an electronic copy of the personal information we have registered about you.
Should you wish to complain against our processing of your personal information, you may complain to the Danish Data Protection Agency, which you will find at www.datatilsynet.dk.
Legal
In accordance with the General Data Protection Regulation (697/2016/EU) (the “GDPR”) and applicable Irish data protection legislation (currently the Irish Data Protection Acts 1988 to 2003) (collectively, “Data Protection Legislation”) Kinnerton Mortgage Funds plc (the “Fund”) being a data controller, must provide you with information on how the personal data that you provide as part of your loan with the Fund will be processed by the Fund, its service providers and delegates and their duly authorised agents and any of their respective related, associated or affiliated companies.
As a consequence of your loan with, the Fund, the Fund, acting as a data controller, may itself (or through third parties including but not limited to Quintillion Limited in its capacity as administrator of the Fund (the “Administrator”), any sub-custodians that may be appointed from time to time to hold and/or administer your loan, loan agents and mailing firms appointed by any of the foregoing (together the “Service Providers”)) process your personal information or (if you are not a natural person) that of your directors, officers, employees, intermediaries and/or beneficial owners.
In circumstances where any of Kinnerton Credit Management Limited (the “AIFM”) in its capacity as the Fund’s Alternative Investment Fund Manager, SMT Trustees (Ireland) Limited (the “Depositary”) in its capacity as depositary of the Fund, the Administrator and Jyske Bank in its capacity as sub-custodian of the Fund (the [“Sub-Custodian”]) uses your personal data for its own purposes, it will also be considered a data controller and all rights afforded to you as a data subject under the GDPR shall be solely exercisable against them.
In this regard, please note the following:
Purposes of Processing and Legal Basis for Processing
The personal data collected from you or provided by you or on your behalf in connection with your dealings with the Fund will be collected, stored, disclosed, used and otherwise processed by the on behalf of the Fund for the purposes outlined in the table below.
| Processing Activity by the Fund or the AIFM | Legal Basis for Processing |
| If you are a borrower and have a loan with the Fund, managing and administering your loan and any related account on an ongoing basis | Performance of the contract between the Fund and you. |
| Disclosures to third parties such as auditors, regulatory, tax authorities and technology providers in the context of the day to day operations of the Fund; | Performance of the contract between the Fund and you. |
| Complying with any applicable legal, tax or regulatory obligations imposed on the Fund including legal obligations under Fund law, the AIFM Regulations and the AIF Rulebook under tax law and under anti-money laundering / counter terrorist financing legislation | Compliance with a legal obligation to which it is subject. |
| (i) Carrying out statistical analysis and mar ket research; and (ii) direct marketing. |
Pursuing the legitimate interests of the Fund or the AIFM. |
| Processing Activity by the Depositary or the Administrator | Legal Basis for Processing |
| If you are a borrower and have a loan with the Fund, managing and administering your loan and any related account on an ongoing basis | Performance of the contract between the Fund and you. |
| Complying with any applicable legal, tax or regulatory obligations imposed on the Depositary or the Administrator including legal obligations under tax law and under anti-money laundering / counter terrorist financing legislation | Compliance with a legal obligation to which it is subject and/or the discharge of its statutory oversight and monitoring obligations (on the basis of its legal obligations). |
| Disclosures to third parties such as technology providers in the context of the day to day operations of the Fund; | For risk oversight, monitoring, analysis and auditing of its business and IT systems. |
| (i) Carrying out statistical analysis; and (ii) market research. |
Pursuing the legitimate interests of Depositary or the Administrator. |
| Processing Activity by the Sub-Custodian | Legal Basis for Processing |
| Managing and administering your loan and any related account on an ongoing basis | Performance of the contract between the Fund and you. |
| Processing Activity by the Fund or the AIFM | Legal Basis for Processing |
| Disclosures to third parties such as auditors, regulatory, tax authorities and technology providers in the context of the day to day operations of the [Loan Agent]; | Performance of the contract between the Fund and you. |
| Complying with any applicable legal, tax or regulatory obligations imposed on the Fund including legal obligations under anti-money laundering / counter terrorist financing legislation; | Compliance with a legal obligation to which it is subject. |
Please note that where personal data is processed in the pursuit of the relevant entity’s legitimate interests, you have a right to object to such processing and the Fund and its appointed Service Providers will no longer process the personal data unless it can be demonstrated that there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Profiling and Screening
The Fund and its appointed Service Providers may engage in PEP screening and financial sanctions screening programs defined by the European Union (“EU”), the United Nations (“UN”), Her Majesty’s Treasury (“HMT”) and the Office of Foreign Assets Control (“OFAC”) for the purposes of complying with anti-money laundering and counter terrorist financing legislation and with UN, EU and other applicable sanctions regimes. The implementation of such PEP screening and financial sanctions screening programmes may result in the Fund or its Service Providers discontinuing the Fund’s business relationship with you, if you, your directors or any beneficial owner of your shares appear on such screening programmes. In the event that you are identified as a PEP as a result of the screening process, you may be required to provide additional information and/or documentation to the Fund or its Service Providers. Such processing, which may reveal your political opinion, is considered lawful on the grounds of substantial public interest permitted under Article 9(2)(g) of the GDPR.
Disclosures to Service Providers and / or Third Parties
Personal data relating to you which is collected from you or provided by you or on your behalf may be handled by Service Providers appointed by the Fund and its or their duly appointed agents and any of related, associated or affiliated companies within the Kinnerton, SMT and Quintillion group(s) for the purposes specified above.
These Service Providers will be obliged to adhere to the data protection laws of the countries in which they operate.
The Fund and/or the AIFM may disclose your personal data to other third parties where required by law or for legitimate business interests. This may include disclosure to third parties such as auditors and the Central Bank of Ireland, regulatory bodies, taxation authorities and technology providers.
The Service Providers may share the personal data with its respective delegates and agents. All rights afforded to you under GDPR in circumstances where the AIFM, the Depositary or the Administrator is a data controller of your personal data will be exercisable by you solely against the AIFM, the Depositary or the Administrator (as applicable) who are contactable at the address for each as stated in the Prospectus of the Fund.
Transfers Abroad
Personal data collected from you or provided by you or on your behalf may be transferred outside of Ireland including to companies situated in countries outside of the European Economic Area (“EEA”) which may not have the same data protection laws as in Ireland. These countries include but may not be limited to the United States and the United Kingdom should the latter leave the EEA as is currently contemplated.
Where data transfers outside the EEA or a third country in respect of which the European Commission has not issued a finding of adequacy with regard to data protection, take place , the Fund is required to take the necessary steps to ensure that appropriate safeguards have been put in place to protect the privacy and integrity of such personal data, in particular the implementation of binding corporate rules between companies within the Kinnerton, SMT or Quintillion Groups and/or ensuring the implementation of model contracts by the Service Providers and their affiliates. Please contact the Matthew Baker of the AIFM at mjb@kinnertoncredit.com or compliance@kinnertoncredit.com should you wish to obtain information concerning such safeguards.
Data Retention Period
The Fund and its appointed Service Providers will retain all information and documentation provided by you for such period of time as may be required by legal and regulatory requirements, being at least six years after the period of your investment has ended or the date on which you had your last transaction with us.
Your data protection rights
Please note that you have the following rights under the GDPR. In each case, the exercise of these rights is subject to the provisions of the GDPR:
(i) You have a right of access to and the right to amend and rectify your personal data.
(ii) You have the right to have any incomplete personal data completed.
(iii) You have a right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you carried out by the Fund infringes the GDPR.
(iv) You have a right to be forgotten (right of erasure of personal data).
(v) You have a right to restrict processing.
(vi) You have a right to data portability.
(vii) You also have the right to object to processing where personal data is being processed for direct marketing purposes and also where the Fund is processing personal data for legitimate interests.
Where you wish to exercise any of your data protection rights against the Fund or against the AIFM, please contact us via the details provided below under “Contact Us”.
The Fund or the AIFM will respond to your request to exercise any of your rights under the GDPR in writing, as soon as practicable and in any event within one month of receipt of your request, subject to the provisions of the GDPR. The Fund or the AIFM may request proof of identification to verify your request.
Failure to provide personal data
As outlined in the section titled “Purposes of Processing and Legal Basis for Processing”, the provision of personal data by you is required for us to manage and administer your holdings in the Fund or your loan and so that we can comply with the legal, regulatory and tax requirements referenced above. Where you fail to provide such personal data in order to comply with anti-money laundering/counter terrorist financing or other legal requirements, in certain circumstances, we may be required to discontinue our business relationship with you.
Contact us
If you have any questions about our use of your personal information, please contact our Head of Legal & Compliance, Christian Bach, at cba@kinnertoncap.dk.
