Introduction
Audentia Capital Management Ltd (C 79067) having its registered office at 10 Kent Street, Sliema, SLM 2128, Malta respects your privacy and is committed to protecting your personal data. Audentia Capital Management Limited is an Alternative investment Fund Manager duly licensed and authorised by the Malta Financial Authority (“MFSA”) to provide investment management services (the “Services”).
The purpose of this Notice is to set out the basis on which your personal data is processed by us, to inform you about how we will handle and look after your personal data, including in relation to when you visit our website (regardless of where you visit it from), and to tell you about (i) our obligations in regard to processing your personal data responsibly, (ii) your data protection rights as a data subject and (iii) how the law protects you.
We process your data in an appropriate and lawful manner, in accordance with The Data Protection Act (Chapter 586 of the Laws of Malta) (the “Act”) and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”).
Purpose of this Privacy Notice
This privacy notice aims to give you information on how Audentia Capital Management Ltd (C 79067) having its registered office at 10 Kent Street, Sliema, SLM 2128, Malta collects and processes your personal data through your use of this website, including any data you may provide through this website or when you avail yourself of any of our Services.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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 notice supplements the other notices and is not intended to override them.
Controller
Audentia Capital Ltd as previously defined is the controller and responsible for your personal data (“Company”, “we”, “us” or “our” in this privacy notice).
We have appointed a data representative who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data protection representative using the details set out below , with the words ‘Data Protection Matter’ in the subject line.
Contact Details
Audentia Capital Management Ltd (C 79067)
10 Kent Street, Sliema, SLM 2128, Malta
+356 2034 1596
You have the right to make a complaint at any time to the Information and Data Protection Commissioner (www.idpc.org.mt). We would, however, appreciate the chance to deal with your concerns before you approach the IDPC so please contact us in the first instance.
Changes to the Privacy Notice and your duty to inform us of changes
This version was last updated on 12th June, 2023.
It is imperative that the personal data we hold about you is accurate and current at all times. Otherwise, this will impair the quality of the Services (amongst other potential issues). Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide Personal Data
Where we need to collect personal data by law, or under the terms of a contract we have with you or as part of our defined legitimate interests to ensure security and protect against fraud and suspicious transactions and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. In other instances, such as where you fail or refuse to fulfil our Compliance Data requirements, we will only be able to provide a reduced and restricted service to you.
We use different methods to collect data from and about you including through:
General Due Diligence Data from the following:
Technical Data from the following parties:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
|---|---|---|
| To register you as a new customer | (a) Identity (b) Contact (c) Financial (d) Transaction (e) General Due Diligence Data; and (f) Compliance Data. |
(a) Performance of a contract with you; (b) Necessary to comply with a legal obligation; and (c) Necessary for our legitimate interests (to determine whether we want to enter into a relationship with you, to determine whether we can take you on as a customer, to verify ability to meet certain financial commitments). |
| To provide the services to you: (a) Manage payments, fees and charges (b) Collect and recover money owed to us (c) Provide investment services; and (d) accounting purposes. |
(a) Identity (b) Contact (c) Financial (d) Transaction; and (e) Compliance |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us, to keep track of the services and/or products being provided and their status/outcome and to be able to revisit such matters if new issues arise); and (c) Compliance with a legal obligation (accounting and other record keeping requirements). |
| To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy |
(a) Identity (b) Contact (c) Profile; and (d) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation; and (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact; and (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise); and (b) Necessary to comply with a legal obligation |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical; and (b) Usage |
Necessary for our legitimate interests (to define types of customers for our products/services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We will get your express opt-in consent before we share your personal data with any company which is not Audentia Capital Management Ltd for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by Contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of being one of our clients.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data 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 data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
Internal third parties
We may transfer your personal data to our affiliated entities including Audentia Capital Management Ltd’s branch Spain having its registered address at La Finca, Paseo del Club Deportivo 1, Edif. 12-2º, 28223, Pozuelo de Alarcón, Madrid, Spain, for any of the purposes indicated in this Privacy Policy. This is carried out in furtherance of our legitimate interest to consolidate internal reporting requirements and ensure business efficiency.
External third parties
Personal data, particularly Transaction Data, in relation to transactions effected via SWIFT (Society for Worldwide Interbank Financial Telecommunication) may be required to be disclosed to the United States authorities in order to comply with legal requirements applicable in the United States for the prevention of crime and in accordance with the EU-US Terrorist Finance Tracking Program (TFTP) agreement in compliance with applicable law.
We may also transfer your personal data to applicable governmental and regulatory authorities, agencies and other public bodies in order to comply with our legal obligations. In particular, we may transfer your personal data to the MFSA, the Registrar of Companies (“RoC”). The Malta Business Registry (“MBR”), the Financial Intelligence Analysis Unit (“FIAU”) as well as applicable tax authorities such as the Commissioner for Internal Revenue. We may also transfer your personal data when we are required to do so by any judicial body, court order or order issued by a police authority.
We may also disclose your data to enforce our contractual terms with you, or to protect our rights, property or safety, that of our partners or other users of the Site and Services. This includes exchanging information with other companies and organisations for the purposes of fraud protection.
Generally, we do not transfer your personal data outside the EU. However, we may do so in the following limited circumstances:
If we do, you can expect a similar degree of protection in respect of your personal information.
When transferring your personal data outside the EEA, we shall ensure that there are the necessary measures in place to ensure that your personal data is processed in accordance with applicable law. In particular we may transfer your personal data outside the EEA on the basis of either of the following safeguards:
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
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 requirements.
By and large, retention of most data shall not exceed the period of six (6) years from the date of termination or completion of the Services. This period of retention enables us to use the data for the defence of possible future legal claims (taking into account the applicable prescriptive period at law, plus a slight grace period past the expiry of prescription). In certain cases, we may retain your data for a period which will not exceed ten (10) years from the date of termination or completion of the Services and this will be retained in order for us to comply with applicable accounting and tax laws (this will primarily consist of your Transaction Data).
In some circumstances you can ask us to delete your data: see “Request erasure” below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
So as to improve the quality and overall user experience of the Website, we are using Google Analytics Advertising Features, including Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (“Google”).
We use Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. All data collected is aggregate data and cannot be used to identify you and therefore is not considered to be personal data.
If you would like to opt-out of Google Analytics for display advertising, you may do so by using the Ads Preference Manager. In addition, there is also a Google Analytics Opt-Out browser add-on that you can download at https://tools.google.com/dlpage/gaoptout
If you have any questions regarding our privacy policy, or if you would like to send us your comments, please contact us today or alternatively write to our DPCP using the details below using ‘Data Protection Matter’ in the subject line.
Address: 10, Kent Street, Sliema SLM 2128, Malta
Telephone No: +356 2034 1596
Email: [email protected]
Please check back frequently to see any updates or changed to this Policy.