Mesarete Capital Privacy Notices

This Privacy Notice (the “Notice”), describes how Mesarete Capital LLP (“Mesarete”) collects, uses, and shares the information that you provide to us and the information we collect in the course of operating our business and our website.

Mesarete Capital LLP is contactable at Grafton House, 2-3 Golden Square, London, W1F 9HR and we are authorised and regulated in the UK by the Financial Conduct Authority, and in the US by the Securities and Exchange Commission as well as the National Futures Association.

We may revise this Notice at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Whenever you use our website, you are deemed to understand and agree to the terms of this Notice.

The information that we collect and where we get it from

“Personal Information” is any information that can be used to identify you or that we can link to you, and we have in our possession or control.

Information that you provide to us

We will process personal information that you give to us including when you email or contact our Investor Relations, Marketing, or other teams to obtain information about our funds or our firm. We are required to obtain certain personal information as outlined above to meet our regulatory obligations in relation to client classification and know your customer requirements. We store this information in our Client Relationship Management System.

How we use the information we collect

We may do the following with your personal information:

• Use it to engage in marketing and business development activity in relation to our funds and services. This may include sending you monthly newsletters, updated DDQ documents, monthly risk reports, marketing communications and other information in relation to the Mesarete sponsored funds that may be of interest to you;
• To comply with our legal and regulatory obligations;
• Record and monitor your use of our website, or other online services which we provide to you, for our business purposes which may include analysis of usage, measurement of site performance and generation of marketing reports;
• Use for our legitimate business interests, such as undertaking business research and analysis, managing the operation of our websites and our business;
• Use it to investigate any complaints or queries that you may have; and
• Use it to prevent and respond to actual or potential fraud or illegal activities

We may also collate, process, and share any statistics based on an aggregation of information held by us provided that any individual is not identified from the resulting analysis and the collation, processing and dissemination of such information is permitted by law.

Grounds for using your personal information

We rely on the following legal grounds to process your personal information

• Consent – we may (but usually do not) need your consent to use your personal information. You can withdraw your consent by contacting us (see below);
• Performance of a contract – we may need to collect and use your personal information to enter into a contract with you or to perform our obligations under a contract with you;
• Legitimate interest – we may use your personal information for our legitimate interests, some examples of which are given above;
• Compliance with law or regulation – we may use your personal information as necessary to comply with applicable law & regulation.

How we share information with third parties

We may share your personal information outside of the firm, or outside of the United Kingdom or European Union. This may include

• Third party agents/suppliers or contractors, bound by obligations of confidentiality, in connection with the processing of your personal information for the purposes described in this Policy. This may include, but is not limited to, IT and communications service providers;
• Third parties relevant to the regulated services we provide. This may include, but is not limited to, counterparties to transactions or litigation, regulators, authorities, governmental institutions, and stock exchanges; and/or
• To the extent required by law, regulation, or court order, for example, if we are under a duty to disclose your personal information to comply with any legal obligation.

Where we transfer your personal information outside of the United Kingdom, or European Union, we will ensure that it is protected and transferred in a manner consistent with the legal requirements that are applicable to the information. This can be done in several different ways, for instance:

• The country to which we send the personal information may be approved by the European Commission;
• The recipient may have signed a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal information; or
• Where the recipient is located in the U.S., it may be a certified member of the EU-US Privacy Shield scheme.

In other circumstances, the law may permit us to transfer your personal information outside of the United Kingdom or European Union. In all cases, however, any transfer of your personal information with be compliant with applicable data protection law.

Keeping your information and information security

How long we hold your personal information for will vary and will depend principally on:

• The purpose for which we are using your personal information – we will need to keep the information for as long as is necessary for the relevant purpose; and
• Our legal obligations – laws or regulations may set a minimum period for which we have to keep your personal information.

We will ensure that the personal information that we hold is subject to appropriate security measures.

Your choices and rights

You have a number of legal rights in relation to the personal information that we hold about you and you can exercise your rights by contacting us using the details set out below. These rights include:

• Obtaining information regarding the processing of your personal information and access to the personal information which we hold about you;
• Please note that there may be circumstances in which we are entitled to refuse requests for access to copies of personal information;
• Requesting that we correct your personal information if it is inaccurate or incomplete;
• Requesting that we correct your personal information in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal information, but we are obliged under regulation to retain it;
• Objecting to, and requesting that we restrict, our processing of your personal information in certain circumstances. Again, there may be circumstances whereby you object to, or ask us to restrict our processing of your personal information but we are entitled to refuse that request for legal or regulatory reasons;
• Withdrawing your consent. Although please note that in certain circumstances it may be lawful for us to continue processing without your consent if we have another legitimate reason (other than consent) for doing so;
• Lodging a complaint with the relevant data protection authority, if you think that any of your rights have been infringed by us;
• We can, on request, tell you which data protection authority is relevant to the processing of your personal information.

If you would like further information on the collection, use, disclose or processing of your personal information or the exercise of any of the rights listed above, please contact us at compliance@mesaretecapital.com.

Fund Privacy Notice

This privacy notice applies to Mesarete Capital Fund Limited, Mesarete Capital Fund LP, and Mesarete Capital Master Fund Limited (collectively the “Fund” or “Funds”). The Funds are reachable at 190 Elgin Avenue, George Town, Grand Cayman, KY1-9008, Cayman Islands.

About this Privacy Notice

The Funds are each a data controller in respect of your personal data for the purposes of data protection law, such as the United Kingdom’s onshored General Data Protection Regulation, the European Union’s General Data Protection Regulation, and the Cayman Islands Data Protection Law. Each Fund is responsible for ensuring that it uses your personal data in compliance with data protection law.

State Street (Cayman) Trust, administrator for the Funds, is a data processor in respect of your personal data for the purposes of data protection law and will generally process personal data provided to it in connection with any investment in a Fund in accordance with the Fund’s instruction, and the Fund will generally act as the data controller of any such personal data.

This privacy notice applies to you if (I) you are an applicant for shares in a Fund, (II) your personal data has been provided to a Fund in connection with an application for shares in the Fund by another person (such as where you are a director, partner, trustee, employee, agent or direct or indirect owner of an application) or (III) a Fund otherwise uses your Personal Data.

Personal Data that each Fund might use

Each Fund might process the following personal data about you:

1. Information provided to the Fund by you or (if different) the applicant: this might include your name and address (including proofs of name and address), contact details, date of birth, gender, nationality, photography, signature, occupational history, job title, income, assets, other financial information, bank details, investment history, tax residency and tax identification information. Such information might be provided in a subscription document or in other documents (as part of the subscription process or at other times), face-to-face, by telephone, by email or otherwise;
2. Information that the Fund collects or generates: this might include information relating to your (or an applicant’s) subscription in the fund (and related data), call recordings and website usage data; and
3. Information that the Fund obtains from other sources: This might include information obtained for the purposes of the Fund’s know-your-customer procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically exposed person checks, sanctions check, amongst other things), information from public websites and other public sources and information received from the applicant’s advisors or from intermediaries.

Disclosure of your Personal Data to third parties

The following are ways of processing personal data to third parties

1. Assessing and processing applications for shares in each Fund and other share dealings, including performing know-your-customer procedures, issuing and redeeming shares, receiving payments from and making payments to the application, calculating net asset value and overseeing these procedures;
2. General business administration including communicating with investors, communicating with service providers and counterparties, accountancy and audit services, risk monitoring, the administration of IT systems and monitoring and improving products;
3. Compliance with all legal and regulatory obligations and industry standards, including know-your-customer procedures, and the automatic exchange of tax information and legal judgements;

Each Fund is entitled to process your personal data in these ways for the following reasons:

1. If you are the applicant, you may enter into an investment contract with the Fund and some processing will be necessary for the performance of that contract, or will be done at your request prior to entering into that contract;
2. Processing may be necessary to discharge any relevant legal or regulatory obligations;
3. The processing will, in all cases, be necessary for the legitimate business interests of the Funds, the Manager, the Funds’ administrator or another person, such as:
   1. Carrying out the ordinary or reasonable business activities of the Fund, the Fund’s administrator or other persons, or any activities previously disclosed to the Fund’s investors or referred to in this privacy notice;
   2. Ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
   3. Establishing compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
   4. Establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and
   5. Ensuring the security of information systems.
4. In respect of any processing of sensitive personal data falling within special categories, such as any personal data relating to the political opinions of a politically exposed person, the processing will be subject to additional safeguards.

Disclosure of your personal data to Third Parties

The Fund may from time to time, in accordance with the purposes described above, disclose your personal data to other parties, including (a) the Manager and its affiliates, (b) the Fund’s administrator and its affiliates, (c) professional advisers such as law firms and accountancy firms, (d) other service providers of the Fund, the Manager and the Fund’s administrator, including technology service providers, (e) counterparties and (f) courts and regulatory, tax and governmental authorities. Some of these persons will process your personal data in accordance with the Fund’s instructions and others will themselves be responsible for their use of your personal data. These persons may be permitted to further disclose the personal data to other parties.

Transfers of your personal data outside the United Kingdom and European Union

Your personal data may be transferred to and stored by persons outside the jurisdiction or areas in which it is collected and may be transferred to and stored by affiliates or service providers of the Fund or the Fund’s administrator outside either the EEA or the Cayman Islands.

Where personal data is transferred outside the jurisdiction or area in which it is collected, the Funds will ensure that the transfer is subject to the appropriate safeguards or is otherwise permitted under applicable law. For example, in the context of personal data collected in the UK or EU, the country to which the personal data is transferred may be approved by the European Commission, the recipient may have agreed to model contractual clauses approved by the European Commission that oblige them to protect the personal data, or the recipient may be located in the United States and be a certified member of the EU-US Privacy Shield Scheme.

Necessity of personal data for an investment in each Fund

The provision of certain personal data is necessary for shares in a Fund to be issued to any applicant and for compliance by the Fund and its service providers with certain legal and regulatory obligations. Accordingly, if certain personal data is not provided when requested, an application for shares may not be accepted or shares may be compulsorily redeemed.

Retention of personal Data

How long the Fund holds your personal data for will vary. The retention period will be determined by various criteria, including the purposes for which the Fund is using it (as it will need to be kept for as long as is necessary for any of those purposes) and legal obligations (as laws or regulations may set a minimum period for which the Fund has to keep your personal data).

Your rights

You have a number of legal rights in relation to the personal data that the Fund holds about you. These rights include the following:

1. The right to obtain information regarding the processing of your personal data and access to the personal data that the Fund holds about you;
2. The right to request that the Fund rectifies your personal data if its inaccurate or incomplete;
3. The right to request that the Fund erases your personal data in certain circumstances. Please note that there may be circumstances where you ask the Fund to erase your personal data but the Fund is legally entitled to retain it;
4. The right to object to, and the right to request that the Fund restricts, its processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask the Fund to restrict, its processing of your personal data but the Fund is legally entitled to continue processing your personal data or to refuse that request.
5. The right to lodge a complaint with a data protection authority (details of which you are provided below) if you think that any of your rights have been infringed by the Fund.

You can exercise your rights by contacting the Fund using the details below. You can find out more information about your rights under the UK onshored General Data Protection Regulation by contacting the Information Commissioner’s Office, or by searching their website ico.org.uk. You can also find out more information about your rights under applicable Cayman Islands’ data protection law by contacting the Cayman Islands’ Ombudsman, the data regulator in the Cayman Islands, or by searching their website at https://ombudsman.ky/

Contacting the Funds

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please address questions and requests to compliance@mesaretecapital.com.

 

Recruitment Privacy Notice

Mesarete Capital LLP, and its subsidiaries (“Mesarete”, “we” or the “Firm”) is committed to respecting your privacy and protecting your personal data. Broadly speaking, we define personal data as any and all information that directly identifies an individual or that makes an individual identifiable when combined with other information.

This Recruitment Privacy Notice (“Privacy Notice”) governs how we handle and protect your personal data in connection with Mesarete’s recruiting processes and programs. In case of any conflict between this Privacy Note and applicable law, applicable law will govern.

This Privacy Notice only applies to the personal data of job applicants, potential candidates for employment, and those who have directly submitted or shared their personal information with the Firm. For the avoidance of doubt, this Privacy Notice does not apply to the personal data of our employees, partners, clients, investors, vendors or any other person from whom Mesarete may collect personal data.

By submitting your personal data to us, you acknowledge that:

• You have read and understood this Privacy Notice and agree to the use of your personal data as described herein.
• You are not required to provide any requested information, but your failure to do so may result in the Firm not being able to continue with your candidacy.
• This Privacy Notice does not form part of any contract of employment if offered by the Firm.

Types of Personal Data we may collect

We usually collect personal data directly from you when you apply for a role with us, such as your name, address, contact information, work and educational history, achievements, identity documents, and test results. If you receive an offer from us, we may conduct a background check and, to the extent permitted by applicable law, we may collect personal data related to criminal offences and proceedings. We may collect similar personal data about you from third parties, such as professional recruitment firms or your references. We may also collect personal information about you online, to the extent that you have chosen to make this information available publicly.

Sensitive personal data is a subset of personal data that includes ethnicity, health, philosophical beliefs, sexual orientation, and other categories as prescribed by law. We may collect sensitive personal data about a candidate to the extent permitted to do so by applicable laws. Under limited circumstances and to the extent permitted to do so by applicable law, we may collect sensitive personal information pertaining to health and medical characteristics.

Use of your personal data

We collect and use personal data for legitimate human resources and business management reasons, including:

• Identifying and evaluating candidates for potential employment, as well as for future roles should they become available;
• Maintaining records in relation to recruitment and hiring;
• Ensuring compliance with legal requirements, including those relating to public health and workplace safety;
• Fostering our diversity and inclusion programs and practices;
• Conducting background checks, including to the extent permitted by applicable law, and if you receive an offer from us, criminal history checks; and
• Protecting our legal rights to the extent authorised or permitted by law.

Legal basis for processing your personal data

Our processing of your personal data for the purposes mentioned above is based:

• In part, on our legitimate business interests in evaluating your application to manage our relationship with you, to ensure that we recruit appropriate employees, and to evaluate and maintain the efficacy of our recruitment processes.
• In part, on our performing contractual and precontractual measures relating to our potential employment relationship with you.
• In part, on our complying with applicable law with regard to personal data that is necessary to satisfy our legal and regulatory obligations.

Data Retention

If you accept an offer of employment with us, any relevant personal data collected during your pre-employment period will become part of your personnel records and will be retained in accordance with the Mesarete Data Protection, Retention & Destruction Policy. If we do not employ you, we may continue to retain and use your personal data for up to two years whereby we may consider you for potential future roles. Thereafter, we retain a minimal amount of your personal data and only in-accordance with our legal and regulatory obligation. If you request that we retain your information following a failed recruitment process, we may retain your data for a period longer than specifically mentioned above, but not exceeding five years.

To the extent that we have collected personal data, including sensitive personal data, for the sole and specific purposes of fulfilling our legal obligations, we will retain that data for the duration of those legal obligations. Thereafter, we retain a minimal amount of your personal data to establish our compliance with those obligations.

Security

We use generally accepted standards of technical and operational security to secure your personal data. Only authorised personnel of Mesarete and of our service providers are permitted to access personal data, and these employees are required to keep and treat information as confidential. Despite these precautions, we cannot guarantee that unauthorised persons will not obtain access to your personal data.

Your Rights

We take reasonable steps that are designed to keep your personal data accurate, complete, and up to date for the purposes for which it is collected and used. We also have implemented measures that are designed to help ensure that our processing of your personal data complies with this Privacy Notice and applicable law. You have a number of legal rights in relation to the personal information that we hold about you including:

• Obtaining information on how we process your personal information and access to the personal information which we hold about you, although there may be circumstances where we are entitled to refuse such requests;
• Requesting that we correct your personal information if it is inaccurate or incomplete;
• Requesting that we erase your personal data;
• Objecting to, and requesting that we restrict our processing of your personal information in certain circumstances, although there may be circumstances where we are entitled to refuse that request for legal or regulatory reasons;
• Withdrawing your consent. Although please note that in certain circumstances it may be lawful for us to continue processing without your consent if we have another legitimate reason (other than consent) for doing so;
• Lodging a complaint with the relevant data protection authority, if you think that any of your rights have been infringed by us;
• We can, on request, tell you which data protection authority is relevant to the processing of your personal information.