Trium Privacy Notice

Trium Capital LLP (‘TRIUM’) is subject to various privacy regulations, including, but not limited to, General Data Protection Regulation (‘GDPR’) of the European Economic Area (‘EEA’) and Regulation S-P of the United States Securities and Exchange Commission (‘SEC’). Under such regulations, TRIUM must 1) ensure the security and confidentiality of client/investor records and information; 2) protect against any anticipated threats or hazards to the security or integrity of client/investor records and information; and, 3) protect against unauthorized access to or use of client/investor records or information that could result in substantial harm or inconvenience to any client/investor.

This notice sets out what personal information is collected TRIUM and how TRIUM as a Data Controller will process such personal information. This includes when personal data relating to TRIUM clients and investors into a fund managed by TRIUM is provided to TRIUM, or its associated Data Processors including the Administrator of a TRIUM fund or Alternative Investment Fund Manager or other persons processing the data on TRIUM’s behalf.

POLICY

TRIUM does not disclose any nonpublic personal information about its clients or investors to nonaffiliated third parties except to service or manage the client’s or investor’s account or as permitted by law. Furthermore, TRIUM restricts access to the personal information of its clients/investors to those employees who need that information to provide products or services to the client/investor.

Purposes of collecting/processing of personal information; legal basis for collecting/processing

TRIUM collects nonpublic personal information about its clients/investors to serve their investment needs, provide customer service, offer new products and services and comply with legal and regulatory requirements. In particular, TRIUM collects information to help determine which products and services clients/investors are eligible for and which products and services are best suited for its clients/investors. The type of nonpublic personal information TRIUM collects from clients/investors may include the following:

  • name;
  • address;
  • telephone number;
  • information regarding existing securities accounts;
  • educational and employment history;
  • prior investment experience with different types of investment vehicles, and any relationships a client/investor may have with others involved in the securities business;
  • national or tax identification number; and
  • financial status (assets and income).

 

TRIUM collects this information about its clients/investors from the following sources:

  • documents such as new account applications;
  • transactions with TRIUM and its affiliates in which the client/investor participates; and
  • correspondence and other communications (including telephone, mail and e‐mail) with clients/investors.

When managing and administrating a client’s investment or an investor’s holdings in any relevant fund, TRIUM or its Data Processors may process a client’s or investor’s personal data to carry out anti-money laundering (‘AML’) checks and related actions which TRIUM considers appropriate to meet any legal obligations imposed on TRIUM relating to the prevention of fraud, money laundering, terrorist financing, bribery, corruption, tax evasion and to prevent the provision of financial and other services to persons who may be subject to economic or trade sanctions.

TRIUM or its Data Processors may monitor and record calls and electronic communications for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution, and to enforce or defend TRIUM and its Data Processors’ rights, itself or through third parties to whom it delegates such responsibilities or rights in order to comply with a legal obligation imposed on TRIUM and to assist with investigations, complaints, regulatory requests, litigation, arbitration, mediation or to pursue any other legitimate interests for which TRIUM or its Data Processors may be entitled.

USES AND RECIPIENTS OF PERSONAL DATA

Client/investor information may be used internally to provide advisory services to clients/investors, to process transactions for client/investor accounts, for account maintenance and otherwise to provide investment advisory services.

TRIUM may also provide nonpublic personal information (including each type of nonpublic information that it collects listed above) about its clients/investors and former clients/investors to:

  • unaffiliated financial service providers, such as a broker‐dealers, custodians or other firms that have a need for such information in order to service or process a financial product or service requested or authorized by the client/investor or who will maintain or service client/investor accounts on TRIUM’s behalf;
  • broker‐dealers and other financial institutions in connection with determinations of eligibility to participate in initial public offerings;
  • broker‐dealers, issuers and their counsel in connection with determinations of eligibility and participation in private securities placements such as the TRIUM funds;
  • attorneys, accountants and auditors retained by TRIUM, to the extent required by them to perform services for TRIUM and its clients/investors;

 

  • as permitted or required by federal state or local law, such as in response to a subpoena, to prevent fraud or to comply with an inquiry or other requirement of a governmental agency or regulator; and
  • to an affiliate of whose privacy and confidentiality policy is at least co‐extensive with that of

Many jurisdictions have created or changed, or are in the process of creating or changing , anti‐money laundering, embargo and trade sanction, or similar laws, regulations, requirements or regulatory policies (whether or not with force of law) and many financial intermediaries have created or changed, or are in the process of creating or changing ,responsive disclosure and compliance policies (collectively “AML Policies”). TRIUM may provide nonpublic personal information that has been collected from clients, former clients, and prospective clients in respect of AML Policies or information requests related thereto to relevant third parties.  During processing personal data about the investor and (if applicable) its directors, officers, employees and beneficial owners to carry out money laundering and identity checks and comply with legal obligations, TRIUM or its Data Processors may disclose the personal data to:

  • credit reference agencies and other third-party information providers; and
  • competent authorities (including tax authorities), courts and bodies as required by law or requested or to affiliates for internal investigations and reporting.

Unless TRIUM obtains the consent of the client/investor, it may not share or provide personal data/information under the following circumstances:

  • sharing with affiliates a client’s/investor’s creditworthiness
  • sharing with affiliates client/investor information so they can market to the client/investor
  • sharing with nonaffiliates to market to a client/investor

INTERNATIONAL TRANSFER OF PERSONAL DATA

The disclosure of personal data to the affiliates and other third parties set out above may involve the transfer of data to jurisdictions outside the European Economic Area (‘EEA’). Such countries may not have the same data protection laws as the EEA.

Confidentiality and Security

Except as described below, access to nonpublic information about existing clients/investors, former clients/investors and prospective clients/investors is restricted to TRIUM employees who need to know that information in order to provide products or services to clients/investors. Those employees with access to nonpublic personal information are required to protect the confidentiality of that information. TRIUM has implemented procedures, and maintains physical and procedural safeguards, to protect nonpublic personal information. TRIUM uses security measures that comply with applicable law to safeguard client/investor personal information. These measures include computer safeguards (i.e. anti‐virus, anti‐spyware, and firewall protection) and secured files and buildings.

Retention period

TRIUM will retain clients’/investors’ personal data for as long as is required for the purposes for which the data was collected, depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that TRIUM retains the personal data.

Data subject rights under GDPR

To the extent provided by the GDPR or any successor provision that is substantively comparable thereto, each individual client/investor has the right to request:

  • Access to their personal data.
  • Rectification or erasure of their personal data.
  • Restriction of the use of their personal data.
  • Objection to the processing of their personal data.
  • Data portability (in certain specific circumstances).

For purposes of a fund investment, where TRIUM requires the personal data of the investor and (if applicable) its directors, officers, employees and beneficial owners to comply with AML or other legal requirements, failure to provide this information means the investor may not be able to invest in the fund.

If the investor considers that TRIUM or its Data Processors have processed personal data in violation of the GDPR and failed to remedy such violation to the investor’s reasonable satisfaction, the investor may lodge a complaint with the Information Commissioner’s Office at www.ico.org.uk.

Opt Out Right

Specifically with regard to SEC Regulation S-P, every client/investor has the right to direct TRIUM to not disclose the nonpublic personal information about that client/investor to a nonaffiliated third party. If a client/investor would like to exercise its right to opt out of TRIUM’s privacy policy, such client/investor must provide a written statement exercising that right. This right to opt out may be exercised at any time and will remain in effect until written notice revoking said right is received by TRIUM from the client/investor. However, in the event TRIUM encounters circumstances where it is compelled by law to disclose the client’s/investor’s nonpublic personal information, TRIUM must provide the client’s/investor’s information even if the client/investor has exercised its right to opt out.

HOW TO CONTACT US

If a client/investor has any questions about TRIUM’s use of personal data, please contact IR@trium-capital.com.

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