At Consulco Capital Ltd (we, us, our) the protection of your personal data is a top priority. Keeping
your data secure and private is part of our philosophy for delivering high standards of services.
These values are the cornerstone of our corporate culture and for this purpose it is our
commitment to process your personal data as follows:
This privacy notice describes how we process your personal data during and after the provision
of our services, in accordance with the EU Regulation 2016/679 (GDPR), Cyprus’ Law providing
for the Protection of Natural Persons with regard to the Processing of Personal Data and for the
Free Movement of such Data of 2018 (Law 125(I)/2018), and it applies to personal data provided
to us, both by yourself or by third parties.
Consulco Capital Ltd as an authorised Alternative Investment Fund Manager (AIFM) offers a wide
spectrum of core and ancillary fund management services through a number of affiliate
companies, and any reference to our company’s services in this privacy notice includes the
operations of our affiliate companies.
We will work closely with you and third parties, where appropriate, to ensure that all statutory
requirements and our policies dealing with personal data protection, strike an effective balance
between your personal interests and the legitimate interests of our company as an AIFM.
During the course of providing our services, we will collect, use, store, distribute and generally
process your personal data. All data users within our company are obliged to comply with the
provisions of this privacy notice and our internal data management and protection policies when
processing your personal data.
Consulco Capital Ltd is a Cyprus private limited liability company with registration number
HE330560 and an authorised Alternative Investment Fund Manager, authorised by Cyprus
Securities and Exchange Commission, License Number AIFM05/56/2013 and is the «Data
Controller» pursuant to the GDPR, and related Cyprus Laws, and determines how your personal
data is kept and processed.
The main establishment and the central administration of the Data Controller is situated at 73
Metochiou Street, 2407, Engomi, Nicosia, Republic of Cyprus.
We have designated a Data Protection Officer (DPO), who is responsible to monitor compliance
with this notice as well as the applicable Laws and liaise with the Cyprus Supervisory Authority,
namely the Office of the Commissioner for Personal Data Protection.
The DPO may be contacted directly with regards to all matters concerning this notice and the
processing of your personal data including the enforcement of all applicable and available rights.
Official requests may be made by post at 73 Metochiou Street, 2407, Engomi, Nicosia, Republic
of Cyprus, or electronically at dpo@consulco.com
Consulco Capital Ltd, as an authorised AIFM, collects and processes the minimum and a specific
set of personal data allowing the company to comply with its contractual and statutory
obligations.
To the same end we may obtain personal data concerning yourself from publicly available and
accessible sources, as well as from other sources such as data intelligence databases and
internet search engines and other third parties. Should this be the case, you will be informed
accordingly.
In addition to the above, the categories of personal data which may be processed include the
following:
Should there be a need to further process the personal data for a purpose other than that for
which they were initially collected, you will be informed about the additional purpose and the
relevant details in respect to the further processing.
When required by law or with your express consent we may collect special categories of personal
data. Pursuant to the definition given by the GDPR, these data may include racial or ethnic origin,
political opinions, religious or philosophical beliefs, trade union membership, the processing of
genetic data, biometric data, data concerning health, sex life or sexual orientation and criminal
records.
The purposes for which our company will process your personal data include:
Based on the requested services, we use the respective personal data in respect of providing our
professional services.
Personal data is used by us for the purpose of managing the business relationship with you,
developing our business operations and services, including the provision of statistical analysis,
and also archiving and IT backup and security purposes.
Subject to your approval and consent, we will provide you with information on the company’s
range of services, including commercial information and newsletters on a variety of related and
associated operations.
Our company is subject to legal and regulatory compliance obligations. Thus, your personal data
will be used to carry out a compliance and risk assessment of your profile and activities to certify
that our company is not statutorily prevented from providing to you the requested services.
The personal data we have collected on you will be shared with fraud prevention agencies who
are dedicated to fraud and money laundering prevention and identity verification services. Fraud
prevention agencies may also enable law enforcement agencies to access and use your personal
data to detect, investigate and prevent crime.
As part of the above compliance requirements and applicable laws, our company may be
required to disclose specific personal data to regulatory and governmental authorities.
We may use an automated decision-making system to evaluate, analyse, and assess whether you
pose a fraud or money laundering risk, and our ability to provide the services in question prior to or after having entered into a contract with you. You have the right to contest any such decision
by means of requesting human intervention, expressing your point of view, and enquiring about how such
decisions are made, their significance, and consequences.
(Some of the above grounds for processing overlap, and there may be several grounds which
justify our use of your personal data).
The basis for collecting your personal data would be your express written consent (where
applicable), our mutual rights and obligations governing our agreement to provide the requested
services and the performance of that agreement, our legal obligation to comply with the rules, and
regulations under the relevant applicable laws and our company’s legitimate interest in delivering
our professional services as required by law. We also have a legitimate interest in preventing fraud
and money laundering in order to protect our business and to comply with laws that apply to us.
If you fail to provide information upon request or if fraud is detected, we shall not be able to enter
into a contract or perform the contract we have entered into with you or execute your transaction
orders as we shall be prevented from complying with our statutory obligations.
We may request your written consent for processing special categories of data. If we do so, we
shall provide you with full details of the information needed and the purpose, so that you can
carefully consider whether you wish to consent. You should be aware that agreeing to any request
for consent from our company is not a condition to enter any services agreement with us.
We reserve the right to make backup data files and hold secure multiple copies of personal data
(including any electronic copies), in order to protect our company’s interests in the event of data
loss.
Should there be a need to further process your personal data, for a purpose other than that for
which they were initially collected, you will be informed accordingly.
We will only use your personal data for the purposes mentioned above, for performing our fund
management commercial agreement and for legitimate purposes. Your data may be processed
through our secure computer network systems and accessed only by authorised users and
employees within our company.
Data processing may be carried out on behalf of us by third party data processors, or by joint
controllers pursuant to written and express authorisation for specific purposes contained in the
relevant authorisation. We have taken all necessary steps, including the implementation of
appropriate legal, technical and organisational measures, to ensure that the data processing
meets all applicable statutory requirements, thus safeguarding your rights.
Our company may operate within the European Union (EU), the European Economic Area (EEA)
and other third countries, and therefore your personal data or part of them may have to be
transferred overseas.
We have taken all reasonable steps to ensure that personal data is provided with adequate
protection based on international protection frameworks and that all transfers of data are
conducted pursuant to our written agreements and the supervisory authority’s guidelines (if
required) and/or other legal and/or regulatory requirements.
We will only retain your personal data for as long as it is required to fulfil our contractual
obligations and any legal, accounting, tax, reporting and/or other statutory obligations.
Where no such contractual or statutory obligation applies, it is our policy to keep the personal
data for 6 (six) years after the provision or termination of the requested services and/or the
transactions (where applicable).
The personal data processed for marketing and/or other commercial purposes shall be kept with
us until you notify us that you no longer wish for it to be used for such purpose.
Here at Consulco Capital Ltd, security of your personal data is taken very seriously. For both hard
and electronic copy processing we have data management systems which are periodically
updated in accordance with technological development and a framework of multilevel security
policies to hold data confidential and secure. Security measures have also been taken to prevent
your personal information from being accidentally lost, used or accessed in an unauthorised way,
altered or disclosed.
Moreover, we have procedures to deal with suspected data security breaches or threats and
should a breach ever materialise, you will be notified accordingly, along with the supervisory
authority, if we are required to do so.
More information on our security framework is available upon request.
Our services are not intended for children and we do not knowingly collect personal data relating
to children.
For the purposes of this privacy notice, «children» are individuals who are under the age of 18
(eighteen) years old.
You enjoy a number of rights relating to the processing of your data. Any personal data related
requests shall be processed within reasonable time and in any case within 1 (one) month from
the signed written request. This period of time may be extended under certain circumstances by
further 2 (two) months.
You will not have to bare any cost to exercise any of your rights. We may though charge a
reasonable fee should your requests be clearly unfounded or excessive, due to their repetitive
character, or refuse to comply with such request.
We may request specific information to assist us confirm your identity and ensure your capacity
to enforce your rights. This is part of our security measures to certify that personal information is
not disclosed to any person who has no right to receive it.
Save for any statutory provisions to the contrary, the rights available to you by law are the
following:
You have the right to enquire and obtain information from us, as to whether or not your personal
data is being processed, including information on the purposes and legal standing of the
processing, the categories of data, the recipients or group of recipients and where possible, the
envisaged period for which the personal data will be stored.
Where applicable, you may also enquire in respect of any transfer of personal data to a third
country or international organisation as well as to obtain more information about our existing
security measures / safeguards governing such transfer.
We aim in having up-to-date personal data kept in our records. Any inaccurate or incomplete
personal data may be updated or rectified pursuant to a formal request.
c) Right of erasure (right to be forgotten)
Save for any limitations provided by express legal or regulatory provisions, including our policies
for data retention, you have the right to request your personal data to be erased from our
database, should any of the following occur:
Provided that no statutory exceptions apply, should any of the following apply, you have the right
to request from us to restrict the further processing of your personal data:
Where the personal data processing is based exclusively on consent, you have the right to
request from us to withdraw such consent at any given time and object to the further processing.
Such withdrawal will not affect the lawfulness of any data processing based on that ground prior
to your withdrawal.
Upon receiving your request, we will no longer process your information for the purposes you
originally agreed to, unless another legal basis exists, or for the establishment, exercise or
defence of legal claims.
Should there be a distinct processing operation based on consent, we will take all necessary
steps to ask for your separate consent.
The right of objection may also be exercised against the receipt of commercial / marketing
information and materials.
In case the processing is based on consent or for the performance of a contract, where personal
data is processed by automated means, you have the right to receive the personal data in a
structured, commonly used and in a machine-readable form. Where it is technically feasible, you
have the right to request the personal data to be transmitted directly from one data controller to
another; thus, from one organisation to another.
Subject to any statutory requirement, the right of portability does not extend to personal data
produced by us, such as activity registry or other results of algorithmic analysis.
We reserve the right to amend or update this privacy notice at any time, and you will be informed
when this shall take place. We may also notify you in other ways from time to time about the
processing of your personal data.
Complaints relating to the processing of any personal data may be communicated directly to the
DPO, either by post at 73 Metochiou Street, 2407, Engomi, Nicosia, Republic of Cyprus or
electronically at dpo@consulco.com.
Complaints may also be lodged before the Office of the Commissioner for Personal Data
Protection, by post at P.O Box 23378, 1682, Nicosia, Republic of Cyprus or electronically at
commissioner@dataprotection.gov.cy.