1. Introduction

AMCAP MANAGEMENT LTD (“us” or “we”) respects your privacy, is strongly committed to protect your privacy and wants to be transparent about the data it collects and how data is used. This Privacy and Cookies Policy applies to the personal data which is collected and processed through your use of this website www.amathus.capital including inter-alia any data that our website visitors and subscribers (“you”) may provide through this website. This Privacy and Cookies Policy does not apply to information collected and processed by other means (including inter-alia third party websites). By using our website, you consent to the data practices, described in this Privacy and Cookies Policy.

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

We are a data controller in respect of such personal data. This means that we are responsible for determining the purposes and means of the processing of such personal data.

For the purposes of this Privacy and Cookies Policy, ‘Personal Data’ means any information relating to an identified or identifiable natural person and ‘Processing’ means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, storage, use, disclosure, erasure or destruction.

Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”) and The Protection of Natural Persons against the Processing of their Personal Data and the Free Movement of such Data Law of 2018 (L.125(I)/2018), as amended and other applicable data protection laws, as amended from time to time, we are required to notify you of the information contained herein.

This website is not addressed to anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18 and if we become aware that we have collected Personal Data from anyone under the age of 18 without verification of parental consent, we take steps to remove that information from our servers.

2. Our Principles

When we collect your Personal Data, we ensure that it is:

(i) Processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);

(ii) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; (‘purpose limitation’);

(iii) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(iv) Accurate and, where necessary, kept up to date; every reasonable step is taken to ensure that Personal Data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(v) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the Personal Data are processed (‘storage limitation’);

(vi) Processed in a manner that ensures appropriate security of the Personal Data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

3. Categories of Personal Data

We process the following categories of Personal Data in respect of each class of data subjects:

Website Visitors (ordinary use of our website):

(i) IP address, location data, device specifications and other information relating to your search and/or visit of our website; and
(ii) Location data.

Website/Newsletter Subscribers:

(i) Contact information such as first name, last name, address, telephone, fax number, e-mail address, country of residence;

(ii) Personal characteristics such as date of birth, country/place of birth;

(iii) Government issued identifiers such as passport and/or identification card; and

(iv) Profession and employment details.

If during the course of our business relationship, there is a change in your Personal Data you must ensure that the above details (as and where applicable) are updated by contacting us as soon as possible. Please contact us through the contact section of our website.

4. Purposes of Processing

We will process your Personal Data (as and where applicable) for the purposes of:

(i) the operation, management and control of the affairs of our business and its purposes including inter-alia our website;

(ii) maintaining and improving the contents of our website;

(iii) providing any information to you about our business and/or our affairs;

(iv) general planning and organisation of our business and/or our website;

(v) maintaining and developing our business relationship with you, the carrying out of surveys and direct marketing (including inter alia for subscription to our newsletters and/or other marketing material)

(vi) maintaining our IT systems, administrative and management systems, processes and policies; and

(vii) complying with any requirement of law and/or regulation and/or of any competent authority or professional body (where applicable) of which we are a member.

5. Lawful Basis of Processing

We are committed to your privacy. As part of the values we stand for, we will always consider your fundamental rights as a data subject and we only use your Personal Data when L.125(I)/2018 allows us to. We process your Personal Data for the purposes mentioned above on the lawful basis that (i) the processing is necessary for compliance with a legal obligation to which we are subject; (ii) the processing is necessary for the performance of an agreement which you have entered into with us; (iii) you have given consent (if and where applicable); and (iv) the processing is necessary for the purposes of the legitimate interests pursued by us.

Such legitimate interests include, inter-alia, our commercial interests and the management, operation and marketing of our business and/or t0 disclose information to other data recipients such as our fund administrator, and/or marketing service providers, and/or to monitor and improve our relationships with you and/or to keep our internal records and/or to monitor communication to/from you using our systems and/or to protect the integrity of our IT systems.

Where we decide to rely on explicit consent to process your Personal Data, we will contact the relevant data subject to request this accordingly. In case consent is relied solely upon to achieve a lawful basis of processing of your Personal Data, you will have the right to withdraw this consent at any time.

6. Disclosure of Personal Data

We may share your Personal Data with the following categories of recipients:

(i) other member companies and/or entities of and/or affiliated entities to the group of companies which we belong to;

(ii) our public relations and marketing service providers and third-party website providers;

(iii) our contractors, vendors and/or other business associates;

(iv) our IT service providers and other companies who assist us with the effective operation of our website by providing technological expertise, file storage and record management, logistic services and solutions and other subcontractors; and

(v) public and regulatory authorities and other competent authorities of which we are a member and/or are licensed under (where applicable), for the purposes described above.

When we transfer Personal Data to countries located outside of the EEA we carry out such transfers (i) to a recipient who is in a country which provides an adequate level of protection for Personal Data or (ii) to a recipient who is in a country which does not provide an adequate level of protection for Personal Data, under appropriate safeguards pursuant to the provisions of applicable data protection laws (e.g. under an agreement in the form of standard data protection clauses adopted by the European Commission), the form of which is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en. In some (occasional) cases we may carry out such transfers where (a) we have obtained the explicit consent from the relevant data subject in respect of the proposed transfer, provided that the data subject has been informed of the possible risks of such transfer (due to the absence of an adequacy decision and appropriate safeguards); (b) the transfer is necessary for the performance of a contract between the data subject and us, or (c) the transfer is necessary for the performance of a contract concluded in the interest of the data subject between us and another person or (d) the transfer is necessary for the establishment exercise or defense of legal claims.

7. Your Rights as a data subject

You have the following data protection rights:

(i) Right of access – you have the right to request a copy of the information that we hold about you.

(ii) Right of rectification – you have a right to correct or update data that we hold about you that is inaccurate or incomplete.

(iii) Right to be forgotten (right to erasure) – where certain criteria are met you can ask for the data we hold about you to be erased from our records.

(iv) Right to restriction of processing – where certain criteria are met you can ask to restrict the processing of your data.

(v) Right to object – you have the right to object to certain types of processing.

(vi) Right of portability – you have the right to have the data we hold about you transferred to another organisation. You have the right to be provided with a copy of your personal information in a structured, machine-readable and commonly used format.

(vii) Right to withdraw consent – where the processing is based on your documented consent you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

(viii) The right to lodge a complaint to a supervisory authority – You have a right to lodge a complaint with the relevant competent data protection authority in your jurisdiction. For more information, please contact your local data protection authority in the European Economic Area (EEA).

We may ask you to verify your identity prior to responding to the above-mentioned requests.

8. Retention of Personal Data

We shall process and store your Personal Data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements and/or as required under any applicable law. We may retain your Personal Data for longer periods for the purposes of our legitimate interests in case of any complaints or legal process commencing.

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, regulatory, tax, accounting or other requirements.

9. Security

As part of our privacy policy, we process Personal Data which is adequate, relevant and limited to what is necessary in relation to the purposes mentioned above and implement appropriate technical and organizational measures to ensure an adequate level of security appropriate to the applicable risk. Such measures aim to prevent unauthorized or unlawful processing, accidental loss, unauthorized use or access, destruction or damage of Personal Data and include inter-alia, pseudonymization and encryption of Personal Data.

10. Cookies Policy

10.1. Definition

Cookies are small data sent from our website and stored on your computer or device upon your access to our website. When you visit our website, we collect information from you (by obtaining consent) through cookies.

Two basic types of cookies used on our website include the following:

Session cookies that are cookies which remain in your browser during your browser session only, i.e. until you leave the website; and

Persistent cookies which are cookies remaining in your browser for a set period of time after the browser session (unless deleted by you).

Additionally, there are four categories of cookies being used for the following purposes:

(i) Strictly Necessary (Functionality) Cookies: These cookies are fundamental to website functionality and cannot be switched off without blocking features on the site. They are usually set in response to your actions on the site, such as filling in forms, setting preferences, or logging in.

(ii) Performance (Analytical) Cookies: These cookies allow us to gather analytics to improve the performance and functionality of our site for example, by ensuring that visitors are sending what they are looking for easily. These analytics can include measurements on the popularity of a page, common patterns of how people browse around the site, and how frequently a certain feature is used.

(iii) Customization cookies: These cookies help us to understand how effective our marketing campaigns are and enhance your online experiences with our business.

(iv) Advertising cookies: We may present ads to you on sites that are not owned or operated by us to promote our services, articles or events. These cookies are used to make advertising messages more relevant to you and your interests. They also perform functions like preventing the same advertisement from continuously re-appearing. These advertisements are solely intended to make you aware of relevant promotions. We do not sell your data to any third parties.

10.2. How to control Cookies

You can control and manage cookies using the settings of your browser. Please note that removing or blocking cookies can impact your user experience and some functionality may be affected.

11. Further Information

Further information and/or queries and/or requests regarding the processing of your Personal Data and any of your rights (where applicable) in respect of your Personal Data, can be requested by contacting us through the contact section of our website.

12. Amendments

This Privacy and Cookies Policy is kept under regular review and is updated from time to time. We will, where appropriate, notify you about amendments as soon as practically possible.