We are committed to safeguarding your privacy and maintaining the confidentiality and security of your personal information.
This policy applies where we process personal data that is possessed by us and are therefore acting as a data controller with respect to such personal data; in other words, where we determine the purposes and means of the processing of that personal data. Athena may also engage outside service providers that would be considered Data Processors of personal data. Personal data includes information that could be used to identify an individual.
In this policy, “we”, “us” and “our” refer to Athena International Management Limited (“Athena”).
How we use your personal data
Athena collects personal data relating to you that is provided to us in as part of our client onboarding process, both from you and from public sources and in connection with our dealings with you or associated interactions with us, including your name, signature, postal address, email address, fax number, date and place of birth, nationality, curriculum vitae, bank account details, source of funds details, tax identification, credit history, signatures and other contact details.
Athena may obtain personal data when we engage in business development where we receive a direct solicitation for services through email or our website.
We may also collect personal data in relation to you in connection with ensuring compliance with our legal obligations including your passport number, utility bills, photographic identification and verification such as copies of your passport, passport number, drivers licence and address verification. For the purposes of meeting our legal obligations, we may also collect information relating to your status as an ultimate beneficial owner of an entity, or as a politically exposed person.
We may collect and process personal data relating to you in connection with our on-going relationship with you, such as via correspondence and calls, and in connection with the administration of our relationship with you. We also my process personal data in the context of establishing contractual relationships with our service providers.
We may process information contained in, or relating to, any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed to communicate with you and for record-keeping. The legal basis for this processing is our legitimate interests, namely the is the provision of fund governance services to our clients.
We may process any of your personal data identified in this statement where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
We may process any of your personal data identified in this policy where necessary to obtain or maintain insurance coverage, manage risks, or obtain professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
The above information may be received directly by Athena or through third party information service providers and the World Wide Web. If Athena establishes a business relationship with an entity, personal data may be collected from its beneficial owners, employees, directors and officers, etc.
In addition to the specific purposes for which we may process your personal data set out in this section, we may also process any of your personal data for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Providing your personal data to others
It may be necessary for Athena to transfer Personal Data for processing to an agent, delegate, subcontractor or other representative of Athena appointed by Athena to carry out sub-processing activities on behalf of Athena (each a “Permitted Processor”) under an appropriate written agreement between the Permitted Processor and Athena.
In addition, it may be necessary for Athena to transfer Personal Data to certain third parties, upon the instruction of the Client, whose involvement is necessary to carry out all or part of Athena’s duties and obligations contemplated under the Service Agreement and in accordance with Athena’s internal written procedures. In such instances any such third party will not be a Permitted Processor of Athena and will instead be engaged directly by the Client as a processor.
Finally, where Athena is required to transfer Personal Data to a legal, regulatory or taxation authority under applicable law, any such transfer shall not constitute the engagement of a Permitted Processor by Athena.
You understand that in certain circumstances Athena and/or Permitted Processors may be legally obliged to share your Personal Data, and other financial information with respect to your Service Agreement, with their local tax authorities, and they, in turn, may exchange this information with foreign tax authorities.
Subject to applicable provisions of the applicable laws, the Personal Data shall not be shared other than as described herein. In this context, it is important for you to note that Personal Data may be transmitted, stored and processed on systems located outside Athena’s operating jurisdiction, and that authorities (including regulatory or governmental authorities or courts) in that jurisdiction may obtain access to Personal Data in accordance with the laws and applicable regulations.
Retaining and deleting personal data
Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
User data and usage data will be retained for a minimum period defined in our Data Protection Policy.
In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, you should assume that a retention period of up to seven years will be applied.
Notwithstanding the other provisions of this section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
We may update this policy from time to time by publishing a new version to our website.
In this section, we summarise the rights that you have under the applicable data protection law. Some of the rights are complex, and not all of the details have been included in this statement. Accordingly, you should read the relevant laws and seek guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data.
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To the extent that the legal basis for our processing of your personal data is:
- consent; or
- that the processing is necessary for the performance of a service agreement to which you are party or in order to take steps at your request prior to entering into a contract,
- and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of your rights in relation to your personal data by written notice to Athena’s Data Protection Representative.
Data protection representative
Our data protection representative can be contacted at: firstname.lastname@example.org