This Privacy Notice sets out how personal data is collected, processed and disclosed in connection with Riverstone Credit Opportunities Income Plc (RCOI) of 27-28 Eastcastle Street, London, W1W 8DH.
We take privacy and security of your information seriously and will only use such personal information as set out in this Privacy Notice.
As a result of your investment (or an investment made by a person firm or entity with which you have a connection) in the Fund, your personal information may be provided to the Fund, Estera International Fund Managers (Guernsey) Limited (the "Administrator") and Link Market Services (Guernsey) Limited (the "Registrar") each of which will act as independent data controllers. The Fund, the Administrator and the Registrar (the "Processors") may process your personal information or such data in respect of your directors, officers, employees or beneficial owners.
As each of the Processors are entities incorporated in the Island of Guernsey, they are obliged to comply with the provisions of The Data Protection (Bailiwick of Guernsey) Law, 2017.
This Privacy Notice is issued by the Fund.
This Privacy Statement should be read in conjunction with the "Disclaimer", "Terms and Conditions", and "Privacy and Cookies" links on this website.
1. Where we obtain your personal data:
1.1 Your personal data comprises the following categories:
1.1.1 information obtained from identification documentation (including name, contact details, nationality and national identity numbers (where applicable));
1.1.2 tax status and tax identification numbers; and
1.1.3 bank account details.
We do not collect any sensitive personal data.
1.2 We primarily collect your personal data from the following sources:
1.2.1 from information which you or your authorized representative gives to us, including but not limited to:
(a) information set out in any forms and documents pursuant to which you acquire your shares in the Fund;
(b) such other forms and documents as we may request that are completed in relation to the administration/management of any investment in the Fund;
(c) client due diligence documentation as part of our regulatory requirements; and
(d) any personal data provided by you by way of correspondence with us by phone, e-mail or otherwise;
1.2.2 personal data we receive from you or any third party sources which may include:
(a) entities in which you or someone connected to you has an interest;
(b) your legal and/or financial advisors;
(c) other financial institutions who hold and process your personal data to satisfy their own regulatory requirements;
(d) credit reference agencies and financial crime databases for the purposes of complying with our regulatory requirements;
(e) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
(f) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number;
(g) information we receive from other sources, such as information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, investment managers, business partners, sub-contractors in technical services, analytics providers, search information providers) and may receive information about you from them; and
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you (for example, your previous acceptance of these terms and conditions).
- You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
Cookie name: agentscape-tag-devtype
Cookie Value : Desktop or Mobile
Type: First Party Session
Purpose: IR websites that are hosted on our platform come enabled with the option to automatically send users to the Mobile-friendly version of the IR site. This cookie simply detects if the user is on a supported mobile device, or if they are viewing the website from a standard desktop/laptop computer.
Cookie Name: agentscape-proc
Cookie value: Noop
Type: First Party – Session
Purpose: This cookie is also part of our mobile-detection setup. If the users indicates during the session that they would like to view the Desktop version of the site – this cookie tells the browser to continue serving the desktop pages, and disables the automatic redirection to the mobile-friendly version of the site.
Cookie Name: s_cc
Cookie value: True
Type: Third Party – Session
Purpose: This cookie is simply to test whether or not the user supports cookies. It stores a simple "True" or "False" value. If True, then the below two cookies are dropped as part of their Enhanced Reporting statistics tool.
Cookie Name: s_sq
Cookie value: [[B]]
Type: Third Party – Session
Purpose: In addition to "s_vi", this cookie is used to track anonymous user movement throughout the site as part of our Enhanced Reporting statistics tool that comes with our IR hosting packages. For example, it may track the duration of a user's visit to a certain page.
Cookie Name: s_vi
Cookie value: CS]v1|286077D38507BDFF-40000101C0014002[CE]
Type: Third Party - Persistent
Purpose: In addition to "s_sq", this cookie is also used to track anonymous user movement throughout the site as part of our Enhanced Reporting statistics tool that comes with our IR hosting packages. For example, this will allow our clients to determine the number of users that visited their Annual Meeting page, or that read a certain press release.
1.3 We may also collect and process your personal data in the course of dealing with advisors, regulators, official authorities and service providers by whom you are employed or engaged or for whom you act.
2. Why we collect your Personal data:
Lawful grounds for processing:
2.1 The Processors are entitled to hold and process your personal data on the following lawful grounds:
2.1.1 the processing is necessary for the legitimate interests of the Processors provided your interests and fundamental rights do not override those interests;
2.1.2 where the applicant is a natural person, the processing is necessary to comply with our respective contractual duties to you;
2.1.3 to comply with the legal and regulatory obligations of each of the Processors;
2.1.4 (on exceptional occasions) where we have obtained your consent; and
2.1.5 (on rare occasions) where it is needed in the public interest.
Some of the grounds for processing described above will overlap and there may be several grounds which justify our use of your personal data.
Inaccurate or Amended Information
2.2 Please let us know if any of your personal data (including correspondence details) changes as soon as possible. Failure to provide accurate information or to update changed information may have a detrimental impact upon your investment, including the processing of any subscription or redemption instructions or the suspension of your account. Failure to provide information where the same is required for anti-money laundering, pursuant to automatic exchange of information agreements, or other legal requirements means that the Fund may not, or may no longer, be able to accept you as an investor in the Fund.
Purposes of processing
2.3 The Processors may process your personal data for the purposes set out below (the "Purposes"). Those based wholly or partly on our legitimate interests are set out in paragraphs Error! Reference source not found. to 2.3.5 inclusive):
2.3.1 communicating with you as necessary in connection with your affairs and generally in connection with your investment in the Fund;
2.3.2 operating the Processors' IT systems, software and business applications;
2.3.3 supporting the Processors' IT and business applications support teams, accounting, legal, reporting, internal audit and risk management, administrative, transfer, document storage, record keeping and other related functions, including but not limited to processing personal data in connection with the Fund;
2.3.4 monitoring and recording telephone and electronic communications and transactions:
(a) for quality, business analysis, training and related purposes in order to improve service delivery;
(b) for investigation and fraud prevention purposes, for crime detection, prevention, investigation and prosecution of any unlawful act (or omission to act); and
(c) to enforce or defend the Processors' respective rights, or through third parties to whom we each may delegate such responsibilities or rights in order to comply with a legal or regulatory obligations imposed on each of us;
2.3.5 disclosing your personal data (including identity and Interest in the Fund) to any bank, financial institution or other third party lender providing any form of facility, loan, finance or other form of credit or guarantee to the Fund;
2.3.6 detecting and preventing crime such as 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 sanction on an ongoing basis ("Regulatory Assessments");
2.3.7 facilitating the internal administration of each of the Processors and retaining your personal data as part of our Regulatory Assessments or future services entered into by you;
2.3.8 liaising with or reporting to any regulatory authority (including tax authorities) with whom the Fund is either required to cooperate or report to, or with whom it decides or deems appropriate to cooperate, in relation to an investment, and which has jurisdiction over the Fund or its investments in a third country without the same or similar data protection laws as Guernsey or any EU member state (a "Third Country without Adequacy");
2.3.9 communicating with our professional advisers for the purposes of obtaining professional advice; and
2.3.10 conducting business analytics and diagnostics.
We will only use your personal information for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where these are required or permitted by law.
2.4 To the extent that such personal data contains special category data such as, for example: data relating to racial or ethnic origin, political opinion, religious or philosophical belief, trade union membership or criminal data then the processing of such data shall solely be for the purpose of complying with any duty imposed on the Processors by an enactment including, but not limited to, legislation and regulatory obligations relating to Anti-Money Laundering and Combatting the Financing of Terrorism and all other related legislation.
2.5 The Processors do not make decisions about you based on automated processing of your personal data.
3. Sharing personal data
3.1 The Processors may share your personal data with group companies and third parties (including bank, financial institution or other third party lenders, IT service providers, auditors and legal professionals) under the terms of any appropriate delegation or contractual arrangement. Those authorized third parties may, in turn, process your personal data abroad and may have to disclose it to foreign authorities to help them in their fight against crime and terrorism.
3.2 Data processing (as described above) may be undertaken by any entity in the Bailiwick of Guernsey, the European Economic Area or an entity who is located outside the Bailiwick of Guernsey or the European Economic Area in a Third Country without Adequacy.
3.3 This means that the country or countries to which we transfer your data are not deemed to provide an adequate level of protection for your personal information. However, to ensure that your personal data receives an adequate level of protection we have put in place the following appropriate measure to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the EU laws and the laws of the Bailiwick of Guernsey on data protection: we have agreed with the relevant data processors standard contractual clauses for the transfer of personal data to processors established in third countries.
4. Retention of personal data
4.1 Your personal data will be retained for the longest of the following periods:
4.1.1 for the Processors and/or any authorised third parties to carry out the Purposes for which the data was collected or as long as is set out in any relevant agreement you enter into with us);
4.1.2 in order to establish or defend legal rights or obligations or to satisfy any reporting or accounting obligations; and/or
4.1.3 any retention period that is required by Data Protection Laws and any applicable laws or regulatory requirements.
4.2 We endeavour to store your personal data securely on the Administrator's computer and/or manually in accordance with accepted market standards and ISO 27001.
4.3 Whilst we have taken every reasonable care to ensure the implementation of appropriate technical and security measures, we cannot guarantee the security of your personal data over the internet, via email or via our websites nor do we accept, to the fullest extent permitted by law, any liability for any errors in data transmission, machine, software or operating error or any other cause.
5. Your rights
5.1 You have, under certain circumstances, the following rights in respect of personal data:
5.1.1 the right to access and port personal data;
5.1.2 the right to rectify personal data;
5.1.3 the right to restrict the use of personal data;
5.1.4 the right to request that personal data is erased;
5.1.5 the right to object to processing of personal data; and
5.1.6 where the Processors have relied on consent to process the personal data, the right to withdraw consent at any time by contacting us via the contact details below.
5.2 You also have the right to lodge a complaint with the Guernsey Data Protection Authority and/or, if you are located in the European Union, a supervisory authority in the EU member state of your usual residence or place of work or of the place of the alleged breach if you consider that the processing of your personal data carried out by the Fund the Administrator of any other service provider to the Fund, has breached data protection laws. You may also appeal to certain courts against (i) any failure of the Guernsey Data Protection Authority to give written notice of whether the complaint is either being investigated or not being investigated and where applicable, the progress and the outcome of the investigation and (ii) a determination of the Guernsey Data Protection Authority not to investigate the complaint or a determination that a controller or processor has not breached or is not likely to breach an operative provision in connection with the complaint.
5.3 In limited circumstances we may approach you for your written consent to allow us to process certain particularly sensitive data or to use data for another purpose. Where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Fund using the contact details below. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
6. How to contact us:
6.1 If you have any questions please contact Riverstone Credit Opportunities Income Plc (RCOI) at:
6.1.1 27-28 Eastcastle Street, London, W1W 8DH; or
6.1.2 [email protected].
7. Changes to this Notice
This Privacy Notice is dated 25 May 2018.
We reserve the right to amend this Privacy Notice at any time without notice, in which case the date of the policy will be revised.