This Privacy Policy explains what Merlyn Advisors Ltd (“Merlyn”) does with two types of personal data:

1. Personal data you supply to the firm either in circumstances where you apply for a job at the firm directly or via a third party recruiter.

2. Information you supply Merlyn and its Investor Relations team as a prospective investor.

The policy describes how Merlyn collects, uses and processes your personal data, and how, in doing so, it complies with its legal obligations to you.

Your privacy is important to Merlyn, and the firm is committed to protecting and safeguarding your data privacy rights. The EU General Data Protection Regulation (Regulation (EU) 2016/679) (together with applicable implementing laws, “GDPR”) is applicable to the processing of personal data by Merlyn and various undertakings appointed by it. We may amend this Privacy Policy from time to time. Please visit this page if you want to stay up to date, as Merlyn will publish any changes here. If you are dissatisfied with any aspect of Merlyn’s Privacy Policy, you may have legal rights and, where relevant, we have described these below.

Identity and contact details of data controller:

Merlyn Advisors Ltd
49 Grosvenor St.
London W1K 3HP

Please contact a representative of Merlyn compliance with any queries or concerns regarding the handling of your personal data: info@merlynadvisors.co.uk

What kind of personal data does Merlyn collect?

Candidate data: In order to assess you for employment opportunities, Merlyn needs to process certain information about you. Merlyn only asks for details that will genuinely help to assist in this process, such as your name, age, gender, contact details, education details, employment history, emergency contacts, immigration status, financial information (where we need to carry out financial background checks), social security number as well as verbal and written references. Where appropriate and in accordance with local laws and requirements, we may also collect information related to your health and any criminal convictions.

Prospective investor data: In order to provide you with information about Merlyn and its funds and associated investment opportunities, it may be necessary for Merlyn to process certain personal information such as names, telephone numbers and email addresses and any personal identification documents you supply in order to confirm your identity.

How does Merlyn collect Personal Data?

Merlyn may collect personal data through a range of means. These may include: a) direct interactions (where you provide personal data to Merlyn through telephone or email correspondence or other direct methods of communication, including applications to invest in Merlyn’s funds or for prospective employment); b) from third parties such as intermediaries and banks in the case of prospective investors or third party recruitment firms in the case of prospective employees; c) other publicly available sources (such as a websites (for example, LinkedIn) or publicly available registries (for example, FCA or other regulatory registers)); and d) in the case of prospective candidates your personal referees may share personal information about you with Merlyn. Merlyn does not collect information about you via its website or use cookies. Please be aware that if you visit Merlyn’s offices CCTV is in use for security purposes and that you will be recorded in public areas of the office.

How does Merlyn use your personal data?

Candidate data: Your personal details are used by Merlyn to help us (a) assess your suitability for roles that you have applied for either directly or via a recruiter (b) carry out background checks, verification and referencing on you as a candidate (c) to carry out Merlyn’s obligations relating to any potential contracts entered into between Merlyn and you; and (d) to comply with legal or regulatory obligations applicable to Merlyn. The provision and processing of your personal data is necessary for Merlyn in the context of your potential employment. Without the ability to process your personal data, Merlyn would not be able to assess you for employment at the firm and therefore Merlyn has a legitimate interest in processing your personal data as part of its pre-employment screening.

Prospective investor data: information about prospective investors is used by Merlyn (a) for the purposes of discussing and reviewing potential investments in Merlyn funds (b) assessing an investor’s appropriateness to invest in the fund (c) to carry out Merlyn’s obligations relating to contracts to be entered into between Merlyn funds and you; (d) for the general administration of potential investments into the Merlyn funds; and (e) to comply with legal or regulatory obligations applicable to Merlyn.

In order to ensure Merlyn provides you with efficient investor relations service and access to information about Merlyn and its funds, Merlyn will store your personal data and/or the personal data of individual contacts at your organisation as well as keeping records of conversations, meetings and investor preferences. The provision and processing of your personal data is necessary for Merlyn in the context of your potential interest in the fund. Without the ability to process your personal data, Merlyn would not be able to assess you as suitable to invest in the fund and therefore Merlyn has a legitimate interest in processing your personal data as part of its investor screening activities.

What lawful basis will we rely on for processing your personal data?

In relation to marketing activities, we will rely on consent, while for the performance of KYC and AML due diligence checks we will rely on the appropriate legal basis and documentation confirming same.

Who does Merlyn share your personal data with?

Candidate data: Your personal data will be shared internally with any of Merlyn’s group companies for the purposes of candidate selection and appointment. Your personal data will also be shared with inter alia third party suppliers who provide screening and testing services to the firm as well as legal, tax and HR advisers, AIFM and depositary providers, and third party recruiters. If references are sought Merlyn will also share your personal data with previous employers and referees.

Prospective investor data: Merlyn will share personal data on prospective investors with inter alia the fund boards, administrators to the funds, legal, tax and accounting advisers as well as third party financial intermediaries in certain instances. Personal data will only be disclosed by Merlyn to a third party in circumstances where that third party has agreed to respect the security of personal data and treat it in accordance with applicable law. Third parties to whom any personal data may be disclosed will be permitted to use personal data only as described in this policy and they will only be permitted to process personal data for specified purposes and otherwise in accordance with the instructions of Merlyn.

Transfer of Personal Data outside the European Economic Area

Merlyn does not currently transfer and/or process your personal data outside the European Economic Area (the “EEA”). The activities of Merlyn and its control or processing of personal data are such that it may be necessary for personal data to be processed outside the EEA in the future.

If in future Merlyn transfers personal data outside the EEA, it will seek to ensure a similar degree of protection is afforded by ensuring that personal data is transferred only to persons in countries outside the EEA in one of the following circumstances.

• To persons and undertakings in countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
• To persons and undertakings to whom the transfer of such personal data is made pursuant to a contract that is compliant with the model contracts for the transfer of personal data to third countries from time to time approved by the European Commission.
• To persons and undertakings based in the United States if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the United States.

How does Merlyn safeguard your data?

Merlyn has in place security measures to prevent personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. These security measures include procedures to deal with any suspected personal data breach. Merlyn will notify any affected person and any applicable regulator of any personal data breach in circumstances where they are required to do so by applicable law.

How long does Merlyn retain your personal data?

Candidate data: If your candidature does not proceed to employment with, or hiring by, Merlyn it will retain your personal details for a period of six months after the position you may be suitable for is filled. After that point Merlyn’s policy is to delete your personal data from its systems unless Merlyn believes in good faith that the law or other regulation requires Merlyn to preserve it (for example, because of our obligations to tax authorities or in connection with any anticipated litigation) or if Merlyn considers that you may be suitable for an alternative role for which it may be hiring sometime in the future. If you do receive an offer of employment with Merlyn, further details shall be provided to you in or around the time of your hire, regarding how your personal data may be used for the purposes of your employment.

Prospective investor data: In order to comply with legal and regulatory obligations regarding the proper classification and identification of potential investors, your personal details will be retained by Merlyn for a period of six years after the last contact with you. After that point Merlyn will delete your personal data from its systems unless Merlyn believes in good faith that the law or other regulation requires Merlyn to preserve it (for example, because of Merlyn’s obligations to tax authorities or in connection with any anticipated litigation). In some circumstances, Merlyn may decide to retain anonymized personal data for research or statistical purposes, in which case such information may be retained and utilised indefinitely without further notice.

How can you access, amend or take back the personal data that you have given to Merlyn?

You have various rights in relation to your personal data. To get in touch about these, please email info@merlynadvisors.co.uk. Merlyn will seek to deal with your request without undue delay, and in any event in accordance with the requirements of any applicable laws. Please note that Merlyn will keep a record of your communications to help it resolve any issues which you raise. You have the right to obtain information regarding the processing of your personal data and request access to any personal data concerning you that Merlyn is processing. Whilst Merlyn takes efforts to ensure that all personal data that it processes is accurate and up-to-date, you may ask Merlyn to rectify any inaccurate or incomplete personal data concerning you and Merlyn will do so without undue delay.

You have the right to withdraw your consent to the processing of your personal data at any time. Please note, however, that Merlyn may still be entitled to process your personal data if we have another legitimate reason for doing so. For example, Merlyn may need to retain personal data to comply with a legal obligation. You may, in certain circumstances, request that Merlyn erase your personal data. You may also request that Merlyn restricts, or you object to, Merlyn’s processing of your personal data if certain criteria apply.

Please note that there may be circumstances where you ask us to erase your personal data, or where you object to or request we restrict, our processing of your personal data, but we are legally entitled to retain it. You have the right in certain circumstances to data portability. This means that, in those circumstances, you have the right to receive from Merlyn any personal data concerning you in a structured, commonly used and machine-readable format, and may request that Merlyn transmit it directly to another data controller, where technically feasible. Please note that this right only applies to personal data which you have provided directly to Merlyn.

Should you have any concerns about how Merlyn processes your personal data you should contact Merlyn at the email address above. You also have the right to lodge a complaint with the Information Commissioner’s Office if you think that any of your rights have been infringed by us.

Incidental personal data processed via email In the process of providing our investor relations service and information about Merlyn and its funds, Merlyn may receive certain personal data, such as the name, address, email and/or telephone number of a financial adviser or other contact of prospective investors. In such circumstances, the personal data of that contact may be retained on a general contact database that is maintained by Merlyn, or in Merlyn’s email storage system, for as long as is necessary to process the personal data for the purpose for which Merlyn is using it, or to comply with our legal obligations. Such personal data will only be processed by Merlyn’s employees in compliance with Merlyn’s data protection and data security policies and procedures.