This privacy notice relates to the fund entities listed in the Annex (each a “Fund”).
About this privacy notice
The Fund is a data controller in respect of your personal data for the purposes of applicable data protection law, such as the European Union’s General Data Protection Regulation 2016/679 and national implementing legislation, UK GDPR (which is the retained EU law version of the General Data Protection Regulation), the UK Data Protection Act 2018, the Swiss Data Protection Act, the Cayman Islands Data Protection Act (As Revised), the Data Protection (Jersey) Law 2018, Dubai International Financial Centre (“DIFC”) Data Protection Law No.5 of 2020, Abu Dhabi Global Market (“ADGM”) Data Protection Regulations 2021, the Personal Data Protection Act 2012 of Singapore (in which case, we are an ‘organisation’ for purposes of such law), the California Consumer Privacy Act 2018 and Israeli Protection of Privacy Law 1981 together with all laws and regulations supplementing, amending or replacing the same. The Fund is responsible for ensuring that it uses your personal data in compliance with data protection law.
The relevant administrator of the Fund is a data processor (or ‘data intermediary’, as the case may be) 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 an investment in the Fund in accordance with the Fund’s instructions, and the Fund will generally act as the data controller (or the ‘organisation’, as the case may be) of any such personal data.
This privacy notice applies to you if (i) you are an applicant for shares in the Fund, (ii) your personal data has been provided to the 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 applicant) or (iii) the Fund otherwise uses your personal data. This privacy notice sets out the basis on which personal data about you will be processed by the Fund, as well as your rights in relation to the processing of your personal data and how you can contact us in order to exercise your rights. Please take the time to read and understand this privacy notice.
Personal data that the Fund might use
The Fund might process the following personal data about you:
(a) 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, photograph, 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 an application form or in other documents (as part of an application process or at other times), face-to-face, by telephone, by email or otherwise.
(b) Information that the Fund collects or generates: This might include information relating to your (or an applicant’s) investment in the Fund, emails (and related data), call recordings and website usage data.
(c) Information that the Fund obtains from other sources: This might include information obtained for the purpose of the Fund’s know-your-client procedures (which include anti-money laundering procedures, counter-terrorist financing procedures, politically-exposed-person checks, sanctions checks, among other things), information from public websites and other public sources and information received from the applicant’s advisers or from intermediaries.
Uses of your personal data
Your personal data may be stored and processed by the Fund for the following purposes:
(a) Assessing and processing applications for shares in the Fund and other share dealings, including performing know-your-client procedures, issuing and redeeming shares, receiving payments from and making payments to the applicant, calculating net asset value, and overseeing these processes.
(b) 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.
(c) Compliance with legal and regulatory obligations and industry standards, including know-your-client procedures, the automatic exchange of tax information and legal judgments.
(d) In respect of information shared with the Brevan Howard Capital Management L.P. acting by its sole general partner Brevan Howard Capital Management Limited (the “Manager”) and its affiliates, their business activities relating to the Fund, such as investor relations, discussions with the Fund’s service providers and counterparties, decision-making in relation to the Fund, and business strategy, development and marketing.
The Fund is entitled to process your personal data in these ways for the following reasons:
(a) 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.
(b) Processing may be necessary to discharge a relevant legal or regulatory obligation.
(c) The processing will, in all cases, be necessary for the legitimate business interests of the Fund, the Manager, the Fund’s administrator or another person, such as:
(i) carrying out the ordinary or reasonable business activities of the Fund, the Manager, the Fund’s administrator or other persons, or other activities previously disclosed to the Fund’s investors or referred to in this privacy notice;
(ii) ensuring compliance with all legal and regulatory obligations and industry standards, and preventing fraud;
(iii) establishing, exercising or defending legal rights or for other purposes relating to legal proceedings; and
(iv) ensuring the security of information systems.
(d) 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.
The data protection laws in jurisdictions such as Israel do not recognise all of the above legal grounds to process personal data and for these jurisdictions, the Fund processes your personal data based on your consent or as may be required by applicable laws.
You are not required by law to provide your personal data, or to agree to all the terms of this privacy notice. Where we need to collect your personal data by law, under the terms of a contract we have with you or based on our legitimate interest, and you choose not to give us the personal data, it may delay or prevent us from meeting our obligations and providing our services to you.
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, (f) courts and regulatory, tax and governmental authorities, and (g) prospective buyers of the Brevan Howard business for due diligence purposes. 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.
International transfers of personal data
The personal data that the Fund collects from you may be transferred to, and stored at, a destination outside of the jurisdiction in which it was originally collected (“Relevant Location”). It may also be stored and processed by other companies and/or third parties in other countries, which may include destinations outside of the Relevant Location.
Jurisdictions outside the Relevant Location to which your personal data may be transferred include the EU, EEA, UK and USA; countries where Brevan Howard is incorporated (as listed on our website), where your or our representatives are located and/or where a financial instrument you trade is listed or traded.
Where your personal data is transferred outside of the Relevant Location, the Fund will ensure that it is protected in a manner that is consistent with how your personal data will be protected by the Fund in the Relevant Location. This can be done in a number of ways, for instance, as applicable:
- the country that the Fund sends the data to might be approved by the data protection authority in the Relevant Location as offering an adequate level of protection for your personal data; or
- the recipient might have signed up to a contract based on “model contractual clauses” approved by the data protection authority in the Relevant Location, obliging them to protect your personal data to a standard comparable to that of the Relevant Location.
In other circumstances the law may permit the Fund to otherwise transfer your personal data outside the Relevant Location. In all cases, however, the Fund will ensure that any transfer of your personal data is compliant with the relevant data protection law.
You can obtain more details about the protection given to your personal data when it is transferred outside the Relevant Location (including a copy of the relevant contractual clauses entered into with recipients of your personal data, if any) by contacting the Fund using the details set out below.
Necessity of personal data for an investment in the Fund
The provision of certain personal data is necessary for shares in the 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 might not be accepted or shares might be compulsorily redeemed.
Keeping your information and information security
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).
We take reasonable security measures to protect against unauthorised access to, or unauthorised alteration, disclosure or destruction of personal data. Such measures include the following:
• We protect our systems and networks from the Internet with Firewall systems.
• We employ intrusion detection software and monitor for unauthorized access.
• We maintain and selectively review activity logs, to prevent unauthorized activities from occurring within our computing environment.
• We use encryption technology to protect certain sensitive information that is transmitted over the Internet.
• We control access to your information inside our company by limiting employee access to systems and data based on business requirements.
• We build information security into our systems and networks by following our information security policies, procedures and standards. These documents are based on internationally respected security standards, applicable laws and regulations, and industry-based 'best practices'.
• We provide information security awareness courses and materials to our employees to ensure they apply our information security standards in the course of their work.
Your rights
You have a number of legal rights in relation to the personal data that the Fund holds about you. These rights may (depending on where your personal data is located) include the following:
(a) The right to obtain information regarding the processing of your personal data and access to the personal data that the Fund holds about you.
(b) In some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and the right to request that the Fund transmits that data to a third party where this is technically feasible. Please note that this right only applies to personal data which you have provided to the Fund.
(c) The right to request that the Fund rectifies your personal data if it is inaccurate or incomplete.
(d) 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.
(e) 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.
(f) The right to object to processing for direct marketing purposes.
(g) To object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you.
(h) The right to withdraw your consent where we obtained your consent to process your information (without this withdrawal affecting the lawfulness of any processing that took place prior to the withdrawal).
(i) To not be discriminated against by the Fund when exercising your rights.
(j) The right to lodge a complaint with the data protection regulator (details of which are provided below) if you think that any of your rights have been infringed by the Fund.
You can exercise your rights in line with applicable law in the relevant location by contacting us using the details set out below. However, please note that these rights are conditional and are not always absolute rights.
Making a privacy complaint
You can contact the Fund using the contact details at the bottom of this privacy notice if you have any concerns about how the Fund has handled your personal data. If you are not satisfied with the manner in which the Fund has dealt with your complaint, you may contact the relevant data protection authority in your jurisdiction. These may include (but are not limited to):
UK: by contacting the Information Commissioner’s Office at ico.org.uk.
EU: by contacting the relevant data protection authority in the applicable EU Member State. For more information, please search the website at edpb.europa.eu
Cayman Islands: by contacting the Cayman Islands’ Ombudsman. For more information, please search their website at ombudsman.ky
Jersey: by contacting the Jersey Office of the Information Commissioner. For more information, please search their website at www.jerseyoic.org
DIFC: by contacting the DIFC Commissioner of Data Protection. For more information, please search their website at difc.ae/data-protection
ADGM: by contacting the ADGM Office of Data Protection. For more information, please search their website at adgm.com
Singapore: by contacting the Personal Data Protection Commission. For more information, please search their website at https://www.pdpc.gov.sg/
Switzerland: by contacting the Federal Data Protection and Information Commissioner (FDPIC) at edoeb.admin.ch/edoeb/en/home
Israel: by contacting the Israeli Protection of Privacy Authority. For information, please search their website at https://www.gov.il/he/departments/the_privacy_protection_authority/govil-landing-page
Contacting the Fund
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 [email protected].
Annex
Cayman Funds
Brevan Howard Fund Limited
Brevan Howard PT Fund Limited
Brevan Howard Master Fund Limited
Brevan Howard Asia Fund Limited
Brevan Howard Asia Master Fund Limited
Brevan Howard Multi-Strategy Fund Limited
Brevan Howard Multi-Strategy Master Fund Limited
Brevan Howard AH Fund Limited
Brevan Howard AH Master Fund Limited
Brevan Howard AS Macro Fund Limited
Brevan Howard AS Macro Master Fund Limited
Brevan Howard Global Volatility Fund Limited
Brevan Howard Global Volatility Master Fund Limited
Brevan Howard MB Macro Fund Limited
Brevan Howard MB Macro Master Fund Limited
Brevan Howard Alpha Strategies Fund Limited
Brevan Howard Alpha Strategies Fund (Cayman No. 2) Limited
Brevan Howard Alpha Strategies Master Fund Limited
Brevan Howard FG Macro Fund Limited
Brevan Howard FG Macro Master Fund Limited
Brevan Howard LB Macro Fund Limited
Brevan Howard LB Macro Master Fund Limited
Brevan Howard TN Macro Fund Limited
Brevan Howard TN Macro Master Fund Limited
Brevan Howard Special Opportunities SPC for the account of each of its segregated portfolios
Brevan Howard Systematic Research & Technologies Master Fund Limited
Brevan Howard Emerging Markets Multi-Strategy Fund Limited
Brevan Howard Emerging Markets Multi-Strategy Fund I Limited
Brevan Howard Emerging Markets Multi-Strategy Master Fund Limited
Machina SIF Fund I Limited
BH Tekmerion Fund Limited
BH Tekmerion Master Fund Limited
BH Alkout Fund Limited
BAL Investments Limited
WCG Strategies Fund Limited
Brevan Howard Strategic Opportunities Fund Limited
Brevan Howard Strategic Macro Master Fund Limited
Brevan Howard Equity Strategies Master Fund Limited
Brevan Howard Emerging Markets Strategies Master Fund Limited
Brevan Howard Digital Asset Multi-Strategy Fund Limited
BH Digital Liquid Trading Fund Limited
BH Digital Liquid Directional Fund Limited
BH Digital Venture Fund Limited
Nova Digital Opportunities Fund Limited
Nova Digital Opportunities Master Fund Limited
BH Digital Asset Fund Limited
BH Digital Asset Fund (I) Limited
BH Digital Asset Master Fund Limited
BH Digital Opportunities Fund I Limited
BH Digital Opportunities Fund I Investments Limited
BHDO I Investments I Limited
BH Digital Liquid Trading UK Vehicle I Limited
BH Digital Liquid Trading UK Vehicle II Limited
BH Digital SPC for the account of each of its segregated portfolios
BHD Solutions SPC for the account of each of its segregated portfolios
Brevan Howard Special Opportunities (II) Limited
Brevan Howard Special Opportunities (III) Limited
Brevan Howard Special Opportunities (IV) Limited
Brevan Howard Special Opportunities (V) Limited
Brevan Howard Special Opportunities (VI) Limited
Brevan Howard Special Opportunities (VII) Limited
Brevan Howard Special Opportunities (VIII) Limited
Brevan Howard Special Opportunities (X) Limited
Brevan Howard Special Opportunities (XI) Limited
Brevan Howard Special Opportunities (XII) Limited
Brevan Howard Special Opportunities (XIV) Limited
Brevan Howard Special Opportunities Master SPC for the account of each of its segregated portfolios
Delaware Funds (each an “LP Fund”)
Brevan Howard L.P.
Brevan Howard PT Fund, L.P.
Brevan Howard Asia Fund L.P.
Brevan Howard Multi-Strategy Fund, L.P.
Brevan Howard AH Fund, L.P.
Brevan Howard AS Macro Fund, L.P.
Brevan Howard MB Macro Fund, L.P.
Brevan Howard LB Macro Fund, L.P.
Brevan Howard Alpha Strategies Fund, L.P.
Brevan Howard Alpha Strategies Fund (Delaware No.2), L.P.
Brevan Howard FG Macro Fund, L.P.
Brevan Howard Emerging Markets Multi-Strategy Fund, LP
BH Tekmerion Fund, L.P.
Brevan Howard Digital Asset Multi-Strategy Fund, L.P.
Nova Digital Opportunities Fund, L.P.
BH Digital Asset Fund, L.P.
BH Digital Venture Fund LP
BH Digital Venture Cayman Blocker LP
BH Digital Liquid Directional Fund LP
BH Digital Liquid Directional Cayman Blocker LP
BH Digital Liquid Trading Cayman Blocker LP
BH Digital Venture Master Fund I LP
BH Digital Venture Master Fund II LP
BH Digital Liquid Directional Master Fund I LP
BH Digital Liquid Directional Master Fund II LP
BH Digital Liquid Trading Master Fund I LP
BH Digital Liquid Trading Master Fund II LP
Delaware LLCs
BH Digital Liquid Directional US Blocker LLC
BH Digital Venture US Blocker LLC
Luxembourg Fund
Coremont Investment Fund – Brevan Howard Absolute Return Government Bond Fund
General Partner
Brevan Howard General Partner Limited in its capacity as general partner of each LP Fund