DATA PROTECTION NOTICE

Atlas Fund Services (together “Atlas”, “we”, “us” or “our”) recognizes the importance of protecting your privacy.

This data protection notice describes how we collect, hold, use, and disclose personal information that you provide, is provided on your behalf or is collected by us. Atlas is subject to any privacy and data protection laws that may be applicable in the country in which it is located or as otherwise agreed with our investment fund Clients (as defined below).

1. What personal information do we collect?

We collect personal information required to enable us to provide fund administration and ancillary services (our “Services”) to our investment fund clients and their related parties (“Clients”). In the provision of our Services, Atlas may process personal information relating to you in your capacity as a director, officer, authorized signatory, employee, investor and/or beneficial owner (a “Related Person”) of our Client. The kinds of personal information that we may collect include the following: 

Demographic Data	name, gender, date of birth, age and /or nationality.
Contact Details	home/work landline phone number, personal/work mobile phone number, home/work postal address and/or personal/work e-mail address.
Financial Data	Bank account number and investment information
Government Identifiers	Passport number, personal public service number, driver’s license and/or income tax number.

2. How we collect personal information?

We collect personal information in various ways, including: 

• subscription/capital contribution, redemption/withdrawal and transfer documentation, questionnaires and other forms and agreements; 
• due diligence questionnaires and other Client on-boarding forms and agreements; and
• correspondence, which may include written, telephone or electronic communications.

In some circumstances, we may collect personal information about you from a third party or from publicly available sources. The parties from whom we may acquire personal information may include an Atlas affiliate, Clients in which you are or were a Related Person, and other Client service providers, including fund managers, your adviser, or anyone you have authorized to deal with us on your behalf.

In addition, our website uses ‘cookie’ technology. A cookie is a little piece of text that our server places on your device when you visit our website. Using cookies helps our website to remember information about your visit and allows us to customize the website to better meet your needs.

If you do not want personal information collected through the use of cookies, completing a simple procedure in most browsers will allow you to accept or deny the cookie feature. However, restricting, deleting, refusing, or disabling cookies may lessen the quality of your user experience, as parts of the website(s) or services may no longer work.  

3. How we use personal information?

We use personal information about you to: 

• provide our Services and identify ways we can improve our Services;
• provide you with information or assistance that you request from us;
• monitor electronic communications for investigation and fraud prevention purposes, crime detection and investigation;
• monitor and record calls for quality, business analysis, training and related purposes; and
• comply with our legal and regulatory requirements, including to carry out anti-money laundering checks and related actions, to comply with production and court orders and to report tax related information to tax authorities.

as well as any other uses identified at the time of collecting your personal information. 

If we do not collect this personal information, we may not be able to provide our Clients with the Services or assistance requested. 

4. How do we disclose personal information? 

We may disclose your personal information our corporate affiliate for legitimate business purposes (including providing Services to you and our Clients) in accordance with applicable law. Sometimes we may also share your personal information with: 

• Atlas staff, for the purposes of their work responsibilities; 
• third party service providers or suppliers engaged by us to perform functions or activities on our behalf;
• Clients in which you are a Related Person; 
• service providers to Clients of which you are a Related Person, including fund managers and their affiliates, bank and brokers;
• regulators, law enforcement, tax authorities or other government authorities as required to comply with our legal and regulatory requirements; and 
• other entities identified at the time of collecting your personal information or to which we are legally required to disclose your personal information.

This list of possible disclosures is not intended to be exhaustive and there may be other legitimate purposes for holding, disclosing, or otherwise processing your personal information. Where the law so requires, you will be notified of any additional purposes and where required, your consent will be sought. 

5. International transfer of personal information

The sharing of personal information with the third parties set out in Section 4 above may involve the transfer of data to jurisdictions outside the European Economic Area (“EEA”) and the Cayman Islands. Such countries may not have the same data protection laws as your jurisdiction. Where required under applicable data protection laws and regulations, Atlas shall ensure that the transfer of your personal information by Atlas outside the EEA and/or the Cayman Islands is subject to a contract incorporating standard contractual clauses designed to protect your personal information in accordance with the applicable data protection laws and regulations. Atlas companies are located in the United States and Curacao. 

6. Legal Basis for Using Your Personal Information

There are different legal bases that we would rely on to use your personal information, namely:

• Compliance with legal obligations – The use of your personal information may be necessary to comply with legal and regulatory obligations such as those set out under anti-money laundering and counter terrorist financing laws.

• Performance of Contract – The use of your personal information may be necessary to perform the contract that our Client has with us so that we can provide the Services and products to our Client. 

Legitimate Interests – We may use your personal information for our legitimate interests to improve our Services, quality assurance, training and for administrative purposes including sharing of data with Atlas affiliates for AML/CFT purposes.

• Consent – We may rely on your consent to use your personal information.

7. How long will we keep your personal information?

To meet our legal and regulatory obligations, we will hold your personal information while our Services are ongoing and for a period of time after that. This would usually be for a minimum period of 7 years from the date on which our Services are terminated. We may retain it for longer if required in connection with ongoing complaints, litigation or investigation in order to comply with applicable legal/regulatory obligations. However, we will not hold your personal information for longer than necessary.

8. Security 

We implement and maintain physical, electronic, and procedural safeguards and security measures which are reasonably designed to protect your personal information. For example, we implement: 

• security measures for access to our business premises;
• security procedures within our offices, including restricted access, and segregation of Client information, both in physical and electronic form; and 
• IT security measures, including password protection, firewalls, intrusion detection and site monitoring.

These measures are in place to protect your personal information that we hold from misuse, interference and loss, and from unauthorized access, modification or disclosure.  

9. Your Personal Information Rights

You have various rights in relation to your personal information, including the right to request access to your personal information, correct any mistakes in our records, erase or restrict records where they are no longer required, object to use of personal information based on legitimate business needs. 

We will respond to your request in writing, or orally if requested, as soon as practicable and in any event not more than one month after receipt of your request. In exceptional cases, we may extend this period by two months and we will tell you why. We may request proof of identification to verify your request. To exercise these rights please contact us using the e-mail address listed in Section 12 below.

10. Consent

By using the Atlas website and the AtlasAccess link and providing any personal information that may be required, invited or otherwise collected by us as set forth above, you freely consent to Atlas processing your personal information both inside and outside of the EEA and the Cayman Islands, transferring of your personal information to any Atlas affiliate located outside of the EEA and the Cayman Islands, and to any third parties as described above, in accordance with applicable data protection laws and regulations. 

11. Complaints 

You may make a complaint about an alleged breach by us of applicable data protection laws and regulations in relation to our handling of your personal information. Your complaint should be submitted in writing and provided to Atlas using the contact information listed in Section 12 below. Alternatively, you have the right to lodge a complaint with the competent supervisory authority.

12. Questions/Contact Information 

For questions about our privacy policy, to access your personal information held by us, to request correction of your personal information, or to make a complaint or enquiry, please contact us by way of e-mail to investorservices@atlasfundservices.com.