In the course of our correspondence and other dealings with you, we will receive information relating to you and/or, where you act as an agent or a representative of a legal person or other entity (rather than a natural person), information relating to other officers, directors, partners, members or employees of that legal person or other entity (such information, "personal information"). If the personal information you provide to us does not relate to you, you agree to provide the disclosures set out below to the individuals whose personal information you have provided.
Personal information is subject to certain legal safeguards specified in the General Data Protection Regulation (2016/679) ("GDPR") and any secondary and domestic legislation implementing the GDPR (together, the "Data Protection Legislation"). Tiger Pacific Capital LP ("Manager" or "we") is a ‘controller’ of your personal information for the purposes of the GDPR. The Data Protection Legislation prescribes the way in which we may collect, retain and handle personal information.
The nominated Representative for data protection matters within the European Union, pursuant to Art. 27 of Regulation (EU) 2016/679 (the General Data Protection Regulation, or GDPR), is:
Adaptant Solutions AG
Rosenheimer Str. 139
81671 Munich
Germany
Inquiries may also be submitted through Adaptant’s contact form at: https://www.adaptant.io/contacts-locations/
With whom do we share your personal information?
We may share certain of your personal information with the following categories of third parties for the following reasons:
They may in turn use the services of their affiliates or service providers to process your personal information where necessary or appropriate. Where we share your personal information with a third party, we generally take steps to ensure the recipients of that personal information will process it appropriately.
What personal information will we process?
The types of personal information relating to you may include, for example:
How do we use your personal information?
We will process your personal information in order to market our investment products, to process queries, undertake normal investment business activities in order to offer our services and manage assets on behalf of clients, and to exercise our rights at law or under contract. We will also use your personal information, where required, in order to comply with our legal and regulatory obligations. This may include, without limitation, establishing investor eligibility, preventing fraud, carrying out money laundering checks or conflict checks, and reporting to national and international regulatory and tax authorities.
We may also process your personal information to manage and administer our business, to analyse and improve relationships with our clients and service providers, and for business development activities.
We may share your personal information with third parties (including legal advisors and law enforcement agencies) in order to respond to investigations, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or as otherwise required by law.
The Manager may also use your information in order to provide you with information of investments or products you may be interested in. If you object to being contacted in respect of prospective products, please contact the Manager at ir@tpcfund.com.
Lawful bases for processing your personal information
The lawful bases for processing your personal information are as follows:
Performance of contract: to ensure our ability to perform our obligations under investment contracts and other documents that form the basis for our contractual relationship with you (or, in certain circumstances, another person), and certain required pre-contractual steps. If we cannot process personal information as required, it may not be possible for us to perform our obligations under the relevant contract, and we may be required to terminate the contract.
Legal obligations: we are required to comply with applicable legal and regulatory requirements,[1] including, for example, any regulatory or tax reporting requirements; to carry out money laundering/terrorist financing checks, conflict checks, for purposes of fraud prevention, to comply with any applicable auditing or financial reporting requirements; and to comply with information disclosure requests from regulatory, tax or other governmental or public authorities.
In addition to the above lawful bases for processing your personal information, your personal information will also be processed on the basis of our legitimate interests:
When processing your personal information, we will comply with the relevant requirements under the GDPR as applicable to us.
Transfers of your personal information outside Europe
Your personal information is held by the Manager in its offices in the United States and may be shared with advisers, service providers, and disclosed to regulatory, tax or other governmental or public authorities outside the EEA, as described above. Such transfers may be made at least to the following jurisdictions: the United States, the UK, Cayman Islands and Bermuda.
Where we share your personal information with persons outside the EEA we will, to the extent practicable, take appropriate steps to ensure your personal information is subject to safeguards in compliance with the requirements of Data Protection Legislation. We will seek to achieve this by entering into appropriate data transfer agreements with third party recipients of your personal information which may set out the standard contractual clauses approved by the European Commission governing the transfer of personal data outside the EEA, where possible. Please contact us if you would like a copy of the standard contractual clauses.
How long is your personal information retained?
We will not retain your personal information for longer than is necessary in relation to the purposes for which your personal information is processed and in accordance with regulatory requirements. Generally, we will retain your personal information concerning your investments for six years after the end of any relevant contractual relationship. Personal information may be retained for longer if it is required by law, or by a tax or regulatory authority, a law enforcement agency or other governmental or public body, or considered necessary in order to allow us to act in accordance with a specific set of circumstances, for example, in light of an actual or a potential legal action or a regulatory investigation.
Where do we collect your Personal Information?
The Manager may collect personal data through a range of means. These may include direct interactions (where a person provides personal data to us through correspondence or other direct methods of communication, including communications relating to investments), third-party or publicly available sources (where the Fund receives personal data through a publicly available source such as a website or publicly-available registry) and from placement agents.
Your rights in relation to the personal information we process about you
You have various rights under Data Protection Legislation in relation to the personal information relating to you. These include:
You can seek to exercise any of these rights by contacting us at ir@tpcfund.com.
Questions or complaints
If you have any questions or complaints regarding the processing of your personal information, please contact us directly at ir@tpcfund.com.
Complaints regarding our processing of your personal information may also be made directly to the relevant data protection regulator in the EU. [In the UK this is the Information Commissioner’s Office at www.ico.org.uk.]
[1] Where those obligations derive from the laws of the European Union or the member states of the European Economic Area.