Privacy and Cookies Policy

Date last updated: January 2023

In this Policy, "Elysian", "we", "us" and "our", refer to Elysian Capital LLP, registered in the United Kingdom with registered office Manfield House, 1 Southampton Street, London, WC2R 0LR and the funds which it manages. Elysian Capital LLP's company registration number is OC332842.

Elysian is committed to safeguarding information provided to us by any third parties ("you") (including its clients and all visitors to the website www.elysiancapital.com (the "Website")) from which any individual can be identified, such as names, contact details and ID data ("Personal Information"). To the extent that any Personal Information is collected, it will be held in confidence in accordance with the Data Protection Legislation (as defined below). Please read the following Privacy and Cookies Policy which explains how we use and protect your information.

We will only use Personal Information which is provided to us, or otherwise obtained by us, as set out in this Policy. We will ensure that your Personal Information is handled in accordance with the "Data Protection Legislation" (meaning any law applicable from time to time relating to the processing of Personal Information and/or privacy as the same may be re-enacted, applied, amended, superseded, repealed or consolidated, including without limitation, the UK Data Protection Act 2018, the United Kingdom General Data Protection Regulation, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, in each case including any legally binding regulations, directions and orders issued from time to time under or in connection with any such law).

By visiting and/or contacting us through the Website (or otherwise engaging with us), you acknowledge that we may collect, use and transfer your Personal Information as set out in this Policy. Elysian reserves the right to change this Policy from time to time and you should therefore check this page frequently to ensure that you are happy with any changes.

For the purposes of the Data Protection Legislation, Elysian Capital LLP is deemed to be the "data controller" in respect of any Personal Information that you provide to us or we otherwise obtain about you.

This Privacy and Cookies Policy covers:

1. Personal Information that we collect from you

When you engage with us (e.g. sending us emails, contacting us via telephone or visiting or making an enquiry through the Website, you may provide Personal Information about yourself including your name and contact details (e.g. your work and/or home address, email address and telephone number) and where you apply for a role with us, you may provide us with further information such as your job title and CV. If you consider investing with us, you may also provide us with your financial information and various other necessary Personal Information (e.g. your date of birth, national insurance number, investment history and bank details). Where you make use of our Website, we may also collect information about your use of the Website (e.g. your IP address and choice of web browser). Some of this Personal Information is collected and processed so we can perform a contract with you, some for the purpose of legal compliance and some for the purposes of our legitimate business interests (namely to carry out and improve our business, analyse the use of our Website and services and support our staff and clients).

Where you apply for a job with us, we may collect from you and third parties (where relevant) additional Personal Information such as your CV and any references. Unless you agree that we can keep such information on file for future opportunities or we need to retain such information for compliance with our legal obligations, in the event that you are unsuccessful, we will only retain this Personal Information for as long as is reasonably necessary to process your application.

Where you provide Personal Information on behalf of another individual, you are responsible for notifying that individual that you have provided their Personal Information to us and directing them to this Policy as to how we will process their Personal Information.

2. Personal Information that we receive from other sources

We may receive information from third parties who collect Personal Information from you and pass it on to us. For example: (i) where we are conducting due diligence on prospective investee companies or deciding whether to invest in third parties we may also receive Personal Information concerning key personnel; (ii) our staff may also give us emergency contact information as part of our emergency scenario planning and may give us details of their dependents and of other people in relation to their employee benefits arrangements; (iii) where another individual makes an investment on your behalf, they may provide us with certain Personal Information to effect the transfer of the investment to you, such as certified copies of identification documents required for Anti Money Laundering purposes; (iv) your employer may provide your Personal Information to us in connection with a service they provide to us or in connection with services that we provide to our clients; and (v) we may receive information from past employers and others concerning your employment history where you apply for a job with us.

Where this is the case the third party is responsible for informing you that they have shared your Personal Information with us, directing you to this Policy as to how we will process your Personal Information and obtaining any relevant consents from you to ensure you are happy with the ways in which your Personal Information will be used, but once we are holding it, we will only handle it in accordance with this Policy.

3. Sensitive Personal Information

"Sensitive Personal Information" is Personal Information concerning an individual's (i) racial or ethnic origin, (ii) political opinions, (iii) religious beliefs or other beliefs of a similar nature, (iv) membership of a trade union, (v) physical or mental health or condition, (vi) sexual life or orientation, (vii) commission or alleged commission of any offence or any proceedings for any offence committed or alleged to have been committed by him/her, the disposal of such proceedings or the sentence of any court in such proceedings.

You may provide us with Sensitive Personal Information from time to time in connection with your application to invest with us, our provision of investment services to you, where you apply for a management role as a director of one of our portfolio companies, or otherwise. In such cases, the provision of this information is entirely voluntary and subject to your express consent. However, we may be unable to carry out some activities necessary to process your application, instructions or other requests without the provision of such information, including that we may be unable to process any subscription documentation, investment transfers or appropriate and required insurance policies. Where necessary, we may also process such information in the establishment, exercise or defence of legal claims.

Where we do receive Sensitive Personal Information, we will only keep such information for as long as strictly necessary in order to comply with our obligations under the law.

4. What we do with your Personal Information

We will only use your Personal Information in order to (a) supply the investment services you have requested and correspond with you, (b) provide support to you in respect of these services, (c) improve our Website and services, (d) comply with our own legal obligations, (e) for our internal business processes, including providing support to our staff and our assessments of prospective investee companies, and (f) where relevant, process your application for employment.

Where you have explicitly consented at the time we collected your Personal Information or where we otherwise have a right to do so, we may also use your Personal Information to let you know about our services and/or important changes or developments to our services, by email.

Where you or your employer (or any other entity you work for) provide services to us, you and/or they may provide us with some of your Personal Information in connection with the provision of the services, such as your name, business contact details and other ID information. We will only process such Personal Information in connection with the provision of the services (such as using your contact details to discuss the services) and in accordance with this Policy. In addition, where necessary, we may also share your Personal Information with our investors or other third parties in order to provide our services (e.g. if you or your business provide investor administration services, we may share your business contact details with our staff so that they can contact you).

If you change your mind about us using your Personal Information in the ways described in this Policy, please let us know by contacting the Elysian Capital Compliance Officer using the details set out at section 12 below.

5. How we share your Personal Information

Where it is necessary for the performance of our contract with you or for our internal business processes, we may share your Personal Information with certain third parties, such as our group funds' administrator, our other group companies and our advisors. By submitting your Personal Information to us, you acknowledge that such third parties may receive and process your Personal Information. Elysian asks all third parties to treat your Personal Information securely and in accordance with this Policy, and will take reasonable steps to enforce this. We will never sell your data.

In addition, it may be necessary to disclose your Personal Information if we are under a duty to disclose your Personal Information in order to comply with any legal obligation (such as anti-money laundering or anti-terrorist financing obligations), carry out an internal investigation, enforce our rights under any agreement, or protect the rights, property, or safety of Elysian, our group companies and our clients, directors, employees or other personnel. This includes exchanging information with other companies and organisations for the purposes of fraud protection and prevention.

In exceptional circumstances, if we are sold or merged with another company we may disclose your information to a potential buyer, including your Personal Information and other information concerning your relationship with us, so that they can continue to provide the services you have requested.

6. Our security measures and information about when we delete data

We will only keep your Personal Information for as long as we reasonably require and, in any event, only for as long as we have a legal basis, right or obligation to keep it.

Unfortunately, the transmission of information via the internet is not completely secure and, although we will take steps to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted via the Website; any transmission is therefore at your own risk.

Some of our premises use CCTV for the purpose of crime prevention, however, this is under the control of a third party and therefore you should consult any notices they display and their privacy statements for more information. Otherwise, please contact the Elysian Capital Compliance Officer using the details set out at section 12 below for further information.

7. Transferring Personal Information outside of the EEA

The Personal Information you provide to us will be transferred to and stored on our servers in the UK. We take steps to protect your Personal Information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.

In processing your Personal Information, it may sometimes be necessary for us to transfer your Personal Information outside the UK to our staff and our third party service providers. It may also be accessed by staff operating outside the UK who work for us or for one of our suppliers or group companies. This includes people engaged in, among other things, the provision of support services to us. We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Policy and the Data Protection Legislation when it is processed in, or otherwise accessed from, a location outside the UK. This means that we will only transfer your Personal Information to our non-UK offices and to third parties based outside the UK if that party (a) is situated in the EEA, (b) is situated in a country or territory which, as at 31 December 2020, had been confirmed by the European Commission to provide adequate protection to Personal Information (unless subsequently repealed by the relevant UK authority), (c) is situated in a country or territory which, since 1 January 2021, has been confirmed by the relevant UK authority to provide adequate protection to Personal Information, (d) has agreed (such as by way of written contract incorporating the "model clauses" as approved by the relevant UK authority, or by some other form of data transfer mechanism approved by relevant UK authority (as appropriate)) to provide all protections to your Personal Information as required by the Data Protection Legislation or (e) we have your explicit consent to do so (such as where you have requested a service from one of our service providers situated outside the UK). Where any transfer takes place under a written contract, you have the right to request a copy of that contract and may do so by contacting the Elysian Compliance Officer.

By submitting your Personal Information to us, you acknowledge this transfer, storing or processing of your Personal Information.

8. Accessing and updating your Personal Information

You have the right to ask us not to process your Personal Information for marketing or research purposes. If you have given us your express consent, or where we otherwise have the right to do so, we may use your Personal Information for marketing purposes. If we intend to disclose your Personal Information to any third party for such purposes we will seek your explicit consent prior to any such transfer. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your Personal Information. You can also exercise the right at any time by contacting the Elysian Compliance Officer using the details set out at section 12 below.

Right of access: You are entitled to ask us for copies of your Personal Information.
Right to rectification: You are entitled to ask us to make any changes to ensure that any Personal Information we hold about you is accurate and up to date.
Right to erasure: You are entitled to ask us to erase or stop processing any Personal Information we hold about you in certain circumstances.
Right to restriction of processing: You are entitled to ask us to restrict the processing of your Personal Information in certain circumstances.
Right to object to processing: You are entitled to object to the processing of your Personal Information in certain circumstances.
Right to data portability: You are entitled to ask that we transfer the Personal Information we hold about you to a specified third party, or to you, in certain circumstances.

If you wish to exercise any of these rights, please contact the Elysian Compliance Officer using the contact details set out at section 12 below.

9. Complaints

Should you have any queries or complaints in relation to how we use your Personal Information, please contact us using the details set out at section 12 below. Should you wish to take any complaints or queries further, you have the right to contact the Information Commissioner's Office regarding such issues.

Our Website may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their related policies. Please check these policies before you submit any Personal Information via these websites.

10. Our use of cookies

A cookie is a small file that is sent to your browser from a web server and is stored on your computer. Our Website does not currently use cookies.

You can find more information about cookies generally here: www.allaboutcookies.org.

11. Changes to this Privacy and Cookies Policy

Elysian may amend this Policy at any time without notice. By continuing to use the Website and making use of our services you acknowledge that we shall process your Personal Information in accordance with the updated Policy. If you are not happy with any changes that we make, you should not use or access (or continue to use or access) the Website and/or our services. Any changes to this Policy will be posted on the Website.

12. Our contact information

If you have any questions (including relating to transfers of your Personal Information outside the UK), please feel free to contact us by email at: GDPR@elysiancapital.com. Alternatively, you may call our Compliance Officer on 0207 925 8054, Monday to Friday: 9am to 5pm.