OGAM, LP EU-US Privacy Shield Policy

Introduction

OGAM LP and all operating affiliates and subsidiaries based in the United States (collectively "OGAM"), complies with the EU-U.S. Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union (“EU”) to the United States (“U.S.”).  OGAM has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.

The U.S. Federal Trade Commission has jurisdiction over OGAM’s compliance with this Privacy Shield Policy and the EU-U.S. Privacy Shield Framework. If there is any conflict between the terms in this Privacy Shield Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

This Privacy Shield Policy and the OGAM Data Protection Notice applies to Personal Data transferred from EU member countries to OGAM’s operations in the U.S. in reliance on the Privacy Shield framework. Personal Data covered by this Privacy Shield Policy shall not be collected, used, or disclosed in a manner contrary to this Privacy Shield Policy.

Definitions

For the purposes of this Privacy Shield Policy:

Data Subject” means any individual located in the EU whose Personal Data is processed by OGAM.

Personal Data” means any information, including Sensitive Personal Data, that is: (a) about an identified or identifiable individual and is received by OGAM in the U.S. from the EU.

Sensitive Personal Data” means Personal Data regarding an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health, or sexual life.

Privacy Shield Principles

OGAM shall commit to subject all Personal Data received by OGAM in the U.S. from EU member countries to the Privacy Shields’ Principles.

Notice

OGAM notifies Data Subjects covered by this Privacy Shield Policy about its privacy practices in the OGAM Data Protection Notice, including the types of Personal Data it collects about them, the purposes for which it collects and uses such Personal Data, the types of third parties to which it discloses such Personal Data and the purposes for which it does so, the rights of Data Subjects to access their Personal Data, the choices and means that OGAM offers for limiting its use and disclosure of such Personal Data, how OGAM’s obligations under the Privacy Shield are enforced, and how Data Subjects can contact OGAM with any inquiries or complaints.

Data Subjects are provided with this Privacy Shield Policy and the Data Protection Notice at the time their Personal Data is collected, or as soon thereafter as is practicable, but in any event before OGAM uses the Personal Data for a purpose other than that for which it was originally collected or processed by the transferring entity, or discloses it for the first time to a third-party.

Choice

OGAM provides Data Subjects with the opportunity to choose whether their Personal Data may be disclosed to third-party controllers or, used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the Data Subject. If Sensitive Personal Data covered by this Privacy Shield Policy is to be used for a new purpose that is different from that for which the Personal Data was originally collected or subsequently authorized, or is to be disclosed to a third-party, OGAM will obtain the Data Subject’s explicit consent prior to such use or disclosure. Unless OGAM offers Data Subjects an appropriate choice, the firm uses Personal Data only for purposes that are materially the same as those indicated in this Privacy Shield Policy and the Data Protection Notice. To exercise their choices, Data Subjects may contact OGAM at: investor.relations@orchardgroup.com.

OGAM may share Personal Data with its affiliates and subsidiaries. OGAM may disclose Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data in the following cases:

  • To third-party Processors the firm has retained to perform services on its behalf and pursuant to its instructions;
  • If it is required to do so by law or legal process; or
  • In response to legal, regulatory, governmental, or national security obligations.

OGAM also reserves the right to transfer Personal Data in the event of an audit or if the firm sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).

Accountability for Onward Transfer

In the event we transfer Personal Data covered by this Privacy Shield Policy to a third-party controller, we will do so consistent with any notice provided to Data Subjects and any consent they have given, and only if the third-party has given us contractual assurances that it will (i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Data Subjects, (ii) provide at least the same level of protection as is required by the Privacy Shield Principles and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination. If OGAM has knowledge that a third-party is processing Personal Data covered by this Privacy Shield Policy in a way that is contrary to the Privacy Shield Principles, OGAM will take reasonable steps to prevent or stop such processing.

In the event we transfer Personal Data covered by this Privacy Shield Policy to a third-party processor, we will transfer only the Personal Data covered by our Data Protection Notice and this Privacy Shield Policy needed for to deliver to OGAM the requested product or service.  Furthermore, we will (i) permit the third-party to process such Personal Data only for limited and specified purposes; (ii) require the third-party to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (iii) take reasonable and appropriate steps to ensure that the third-party effectively processes the Personal Data transferred in a manner consistent with OGAM’s obligations under the Privacy Shield Principles; and (iv) require the third-party to notify OGAM if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles.  Upon receiving notice from a processor that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, we will take reasonable and appropriate steps to stop and remediate unauthorized processing. 

OGAM remains liable under the Privacy Shield Principles if third-party processes Personal Data covered by this Privacy Shield Policy in a manner inconsistent with the Principles, except where OGAM is not responsible for the event giving rise to the damage.

Security

OGAM takes reasonable and appropriate measures to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of the Personal Data.

Data Integrity and Purpose Limitation

OGAM limits the Personal Data it processes to that which is relevant for the purposes of the particular processing. OGAM does not process Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the Data Subject. OGAM takes reasonable steps to ensure that the Personal Data is processes is reliable for its intended use, accurate, complete, and current. Data Subjects may contact OGAM as to request that OGAM update or correct relevant Personal Data.

OGAM takes reasonable and appropriate measures to comply with the requirement under the Privacy Shield to retain Personal Data in identifiable form only for as long as it serves a purpose of processing, which includes OGAMs obligations to comply with professional standards, OGAM’s business purposes and unless a longer retention period is permitted by law, and it adheres to the Privacy Shield Principles for as long as it retains such Personal Data.

Access

Data Subjects whose Personal Data is covered by this Privacy Shield Policy have the right to access such Personal Data and to correct, amend, or delete such Personal Data if it is inaccurate or has been processed in violation of the Privacy Shield Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the Data Subject’s privacy, or where the rights of persons other than the Data Subject would be violated).  Requests for access, correction, amendment, or deletion should be sent to: investor.relations@orchardgroup.com.

Recourse, Enforcement and Liability

In compliance with the Privacy Shield Principles, OGAM commits to resolve complaints about our collection or use of your Personal Data.  EU individuals with inquiries or complaints regarding our Privacy Shield Policy should first contact OGAM at: investor.relations@orchardgroup.com.

In the event we are unable to resolve your concern, EU individuals can submit their concerns to any of the following Data Protection Authorities (DPAs): http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

OGAM has further committed to cooperate with the panel established by DPAs with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship.

OGAM will comply with the advice given by the DPA where the DPA takes the view that OGAM needs to take specific action to comply with the Privacy Shield Principles, including remedial or compensatory measures for the benefit of Data Subject affected by any non-compliance with the Privacy Shield Principles. OGAM also is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

If a dispute or complaint cannot be resolved by OGAM nor by the EU DPAs, Data Subjects may be able to invoke binding arbitration, pursuant to the Privacy Shield’s Recourse, Enforcement and Liability Principle and Annex I of the Privacy Shield:

https://www.privacyshield.gov/article?id=ANNEX-I-introduction

OGAM has mechanisms in place designed to effect compliance with the Privacy Shield Principles. OGAM conducts an annual self-assessment of its Personal Data practices to verify that the attestations and assertions OGAM makes in this Privacy Shield Policy are true and that OGAM’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.

Changes to this Privacy Shield Policy

This Privacy Shield Policy may be changed from time to time, consistent with the requirements of the Privacy Shield. Appropriate notice regarding such amendments will be given.

Contact Us

If you have questions regarding our Privacy Shield Policy, liaise with your normal coverage personnel at OGAM, or contact us at:

US

OGAM LP
Tel: +1.202.536.1531
Email: investor.relations@orchardgroup.com

EU

Orchard Global Asset Management LLP
Registered in England No. OC340921
Fifth Floor, 108 Cannon Street
London, UK, EC4N 6EU
Tel: +44 207 060 0088
Email: investor.relations@orchardgroup.com