NAV Fund Administration Group ("NAV") is committed to preserving the privacy of all nonpublic personal information or personal data ("Personal Data") it receives and maintains. This policy describes what Personal Data NAV collects and processes, how it is used and what measures are taken to safeguard the confidentiality of this information.
NAV may process your Personal Data if you fall under one of the following categories of individuals ("Data Subjects"):
Website Visitors and Users. You are visiting and/or using NAV's website www.navconsulting.net.
Connected Persons of NAV's Clients. You are an individual connected with the entity who entered into an agreement with NAV for the provision of services ("Client") in one of the following ways:
Investors and Connected Persons of Investors. You are an investor (partner, member or shareholder) of a Client of NAV or you are connected with such an investor in the following way:
If you are a visitor or user of our website, please visit Website Privacy Policy for an explanation on how your Personal Data is obtained.
If you are a Connected Person of a Client of NAV, an Investor, or a Connected Person of an Investor, you may have provided your Personal Data to us or we may have received your Personal Data from our Client. We may also have collected Personal Data from publicly accessible sources for anti-money laundering, background checking or similar purposes, or directly from a third party (e.g., sanctions screening providers or customer due diligence providers), to protect our and/or our Client's business and to comply with our and/or our Client's legal and regulatory obligations.
Why Does NAV Process Personal Data?The following are the purposes and lawful bases for NAV's processing of Personal Data.
Performance of Contractual Obligations - Business Purpose. If you are a customer who is an investor in a Client of NAV, you have entered into an agreement with such Client. Your Personal Data is processed in connection with Client's performance of its obligations under said agreement. Such processing is performed for a business purpose. It is done by NAV for the Client, per Client's instruction, as part of the services that NAV provides to the Client and in accordance with the terms of the agreement between NAV and the Client.
Compliance with Legal Requirements. NAV's Clients are subject to the regulation and oversight of many regulatory authorities in various jurisdictions. They may be required to process Personal Data in order to comply with US federal and state and other jurisdictions securities laws, tax laws, anti-money laundering laws and regulations, international treaties and agreements. NAV provides services to its Clients that support and facilitate Client's efforts to comply with these legal requirements. NAV is also subject to regulation and oversight of regulatory authorities and processes Personal Data in order to comply with applicable legal requirements.
Consent. NAV may be processing Personal Data because you consented to such processing either by using NAV's website or by signing an agreement with NAV or with NAV's Client. Personal Data processed pursuant to your consent may be used in connection with the operation of NAV's website, or to fulfil the purpose for which the Personal Data was provided to us, such as to respond to your inquiry about the services or to perform and manage the services we provide.
The information we process in connection with the use of our website is described at Website Privacy Policy.
Personal Data that NAV processes in connection with the performance of services to its Clients includes:
Contact Information. This may include mailing and postal address, email address, and a phone number.
Identification Information. Information and documentation maintained to comply with anti-money laundering, tax reporting and similar laws and regulations.
Other Information Necessary to Perform Services. NAV may have to maintain other records such as banking information and transaction history.
Please refer to Website Privacy Policy for the information regarding our disclosure of the Personal Data of the visitors and users of our website.
The Personal Data of Connected Persons of a Client of NAV, Investors, or Connected Persons of an Investor is considered Confidential Information under the agreements between NAV and its Clients. NAV may transfer such Personal Data to third parties, where authorized by the Client under the agreement between NAV and the Client. Authorized transfers under the agreement may include: transfers necessary in connection with the performance of the services, such as to other service providers of Client or NAV; or transfers which are legally required, such as transfers to regulators. NAV may also transfer your Personal Data upon written instructions of the Client. Some of the third party transferees may be based outside the European Economic Area (EEA) or the United Kingdom (UK). For more information, including on how we safeguard your Personal Data when this occurs, see below: "Transferring Your Personal Information Out of the EEA/UK".
In addition, NAV transfers your Personal Data to its affiliates in the course of the performance of the services. NAV affiliates are based outside of the EEA/UK, namely the United States, Cayman Islands, Singapore and India. Your Personal Data may be transferred to any of these jurisdictions. For more information, including on how we safeguard your personal Data when this occurs, see below: "Transferring Your Personal Data Out of the EEA/UK".
NAV has not sold to a third party any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
To deliver services to our Clients, it is sometimes necessary for NAV to share Personal Data outside of the EEA and the UK. Non-EEA/UK countries do not have the same data protection laws as the EEA or the UK. In such cases, NAV will ensure that our arrangement with the recipient is governed by data transfer agreements designed to ensure that Personal Data is protected on terms approved for this purpose by the European Commission.
How Does NAV Assure Security of Personal Data?NAV is committed to protecting the security and integrity of Personal Data. In pursuit of our commitment, we have in place commercially reasonable safeguards and controls to ensure that any Personal Data collected is protected against unauthorized access, disclosure, alteration and destruction. NAV has adopted, implemented and adheres to an Information Security and Risk Management Policy ("ISRM Policy"). NAV's ISRM Policy: defines which employees have access to the Personal Data; describes the safeguards and controls used to protect Personal Data; and describes the administrative, electronic and technical security measures in place.
How Long Does NAV Maintain Your Personal Data?NAV may retain your Personal Data indefinitely for record keeping and as a result of routine system backup processes. NAV may be required under various laws and regulations to maintain certain Personal Data for a mandated time period.
How to Contact the Person Responsible for Proper Processing of Your Personal Data?If you are a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, the person who is responsible for the proper handling of your Personal Data is the Client. Please review respective Client's offering documents for the contact information relating to relevant inquiries.
Alternatively, you can send your inquiry to us at transfer.agency@navconsulting.net. and we will link you with the appropriate party at the Client's side. If you choose to contact NAV directly, you may need to provide us with additional information as necessary to authenticate your identify for your data security. Please note: we are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person's behalf.
If you are not a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, but you are a visitor to our website, please refer to our Website Privacy Policy for the relevant contact information.
Residents of the European Union or the United KingdomThe below notice relates specifically to the processing of Personal Data of natural persons who reside in the European Union or the United Kingdom by NAV and provides additional information required under both the EU General Data Protection Regulation 2016/679 ("EU GDPR") and the Retained Regulation (EU) 2016/679 (individually the "UK GDPR" and collectively with the EU GDPR, the "GDPR").
Right to Be Informed. Data Subjects have the right to be informed about Personal Data we collect and how this data is used.
Right to Access and Portability. Data Subjects have the right to obtain a confirmation whether we are processing their Personal Data and to obtain copies of their Personal Data or to request that we forward such copies to another person.
Right to Rectification. Data Subjects have the right to make a request to correct any inaccuracy or incompleteness of their Personal Data.
Right to Erasure. Data Subjects have the right to make a request to delete their Personal Data.
Right to Restrict Processing. Data Subjects have the right to ask us to restrict the processing of their Personal Data for a period when the accuracy of the data is verified, or if they think that the processing is unwarranted.
Right to Object. Data Subjects have a right to object to processing of their Personal Data in certain circumstances, such as, when the data is used for marketing.
Right to Withdraw Consent. If a Data Subject has given consent to the processing of Personal Data, Data Subject has the right to withdraw the consent at any time.
Right to Lodge a Complaint. Data Subjects have a right to lodge a complaint with a supervisory authority if they consider that the processing of Personal Data infringes GDPR. For residents of the UK, the appropriate supervisory authority is the Information Commissioner's Office. For residents of the EU, the appropriate contact is the supervisory authority in the EU state of their residence, place of work or place of the alleged infringement.
The rights enumerated above are subject to certain conditions and exemptions. Where such conditions or exemptions apply, we have a right not to comply with the request. Additionally, while in most circumstances requests based on the above listed rights shall be fulfilled free of charge, NAV is allowed and may charge fees to fulfill the request.
How to Contact the Person Responsible for Proper Processing of Your Personal Data?If you are a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, the person who is responsible for the proper handling of your Personal Data, known as the data controller, is the Client. Please review respective Client's offering documents for the contact information relating to GDPR inquiries.
Alternatively, you can jointly send your inquiry to our Data Protection Officer, Ashish Sharma, and our representatives in the European Union or the United Kingdom (as applicable), Achieved Compliance Solutions, at NAV@GDPRrepresentative.eu and we will link you with the appropriate party at the Client's side. If you choose to contact NAV directly, you may need to provide us with additional information as necessary to authenticate your identify for your data security. Please note: we are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person's behalf.
If you are not a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, but you are a visitor to our website, please refer to our Website Privacy Policy for the relevant contact information.
The below notice relates specifically to the processing of Personal Data of any individual invested in NAV's Client domiciled in the Cayman Islands or whose Personal Data is processed by NAV Fund Services (Cayman) Ltd. and provides additional information relevant under The Data Protection Law, 2017 (Law 33 of 2017) ("DPL").
What Rights Are the Data Subject's Granted in the Cayman Islands?Right to Be Informed. Data Subjects have the right to be informed of the identity of the organization processing their Personal Data, and about the purposes for processing the Personal Data.
Right to Access. Upon making a subject access request in writing, Data Subjects have the right to obtain a confirmation whether their Personal Data is being processed, a copy of their Personal Data, and other supplemental information which is contained in this Privacy Policy Notice.
Right to Rectification. Data Subjects have the right to make a request to correct any inaccuracy or incompleteness of their Personal Data.
Right to Cease or Restrict Processing. Data Subjects have the right to request to cease processing, or not to begin processing, or to cease processing for a specified purpose or in a specified manner, the Data Subject's Personal Data.
Rights Related to Processing by Automatic Means. Data Subjects have the right to request that a decision which significantly affects him or her is not made solely by the processing by automatic means of Personal Data.
Rights Related to Direct Marketing. Data Subjects have the right to request that processing of their Personal Data for the purpose of direct marketing cease, or not begin.
Right to Rectification, Blocking, Erasure, and Destruction. Data Subjects have the right to seek from the Ombudsman an order for rectification, blocking, erasure or destruction of inaccurate Personal Data and opinions based on such.
Right to Compensation. Data Subjects have the right to seek compensation for damages caused by contravention of the DPL.
Right to Complain to Ombudsman. Data Subjects have the right to complain to the Office of the Ombudsman about any perceived violation of the DPL.
The rights enumerated above are subject to certain conditions and exemptions. Where such conditions or exemptions apply, we have a right not to comply with the request. Additionally, while in most circumstances requests based on the above listed rights shall be fulfilled free of charge, NAV is allowed and may charge fees to fulfill the request under certain circumstances.
How to Contact the Person Responsible for Proper Processing of Your Personal Data?If you are a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, the person who is responsible for the proper handling of your Personal Data, known as the data controller, is the Client. Please review respective Client's offering documents for the contact information relating to DPL inquiries.
Alternatively, you can send your inquiry to us at fundservices@navcayman.net and we will link you with the appropriate party at the Client's side. If you choose to contact NAV directly, you may need to provide us with additional information as necessary to authenticate your identify for your data security. Please note: we are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person's behalf.
If you are not a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, but you are a visitor to our website, please refer to our Website Privacy Policy for the relevant contact information.
This notice specifically relates to the collecting of Personal Data of individuals who reside in California by NAV and provides additional information relevant under the California Consumer Privacy Act of 2018 (Cal. Civ. Code 1798.100 et seq) ("CCPA").
What Rights Are Granted to California Data Subjects?Right to Access and Portability. Data Subjects have the right to request the information about the categories of Personal Data being collected and the purposes for which the Personal Data is being collected, as well as, the categories of the sources from which the Personal Data is collected, the categories of third parties with whom the business shares Personal Data, and the specific pieces of Personal Data that was collected. Data Subjects have the right to obtain copies of their Personal Data in a readily useable format that allows the consumer to transmit this information from one entity to another entity without hindrance.
Right to be Forgotten. Data Subjects have a right to make a request to delete Personal Data.
Non-Discrimination. NAV may not discriminate against a Data Subject because the Data Subject exercises any of the rights under the CCPA. NAV will not deny Data Subjects services, charge different prices or rates for services, or provide a different level or quality of service in retaliation for exercising CCPA rights.
Right to Opt Out. Data Subjects have the right to request that a business that sells Personal Data about the Data Subject to third parties not sell the Data Subject's Personal Data.
The rights enumerated above are subject to certain conditions and exemptions. Where such conditions or exemptions apply, we have a right not to comply with the request. Additionally, while in most circumstances requests based on the above listed rights shall be fulfilled free of charge, NAV is allowed and may charge reasonable fees to fulfill the request.
NAV has a policy not to sell any Personal Data and it has not sold any Personal Data in the last 12 months.
NAV may transfer such Personal Data, including identification, commercial and geopolitical information, to third parties, where authorized by the Client under the agreement between NAV and the Client. In the last 12 months, the authorized transfers under the agreement included transfers to NAV affiliated entities in the course of performance of the services, to other service providers of Client or NAV as necessary in connection with the performance of the services, and transfers which are legally required, such as transfers to regulatory or governmental entities. NAV may also transfer your Personal Data upon written instructions of the Client.
Individuals in SingaporeThe below notice relates specifically to the processing of Personal Data of individuals in Singapore by NAV and provides additional information required under the Personal Data Protection Act 2012 (No. 26 of 2012) ("PDPA").
What Rights are granted to Individuals in Singapore?Right of Access. An Individual has the right to obtain from NAV the Personal Data concerning the Individual which is in NAV's possession and control, including information regarding the ways in which the Personal Data has been or may have been used or disclosed by NAV within a year before the date of the request.
Right of Correction. An Individual may request NAV to correct an error or omission in the Personal Data about the Individual that is in the possession or under the control of NAV. Barring any applicable exception, NAV shall correct the Personal Data as soon as practicable and send the corrected Personal Data to every other organisation to which the Personal Data was disclosed by NAV within a year before the date the correction was made.
Right to Request Transmission. An Individual may request NAV to transmit an Individual's Personal Data to another organization.
The rights enumerated above are subject to certain conditions and exemptions. Where such conditions or exemptions apply, we have a right not to comply with the request. Additionally, while in most circumstances requests based on the above listed rights shall be fulfilled free of charge, NAV is allowed and may charge fees to fulfill the request under certain circumstances and as permitted by the PDPA.
How to Contact the Person Responsible for Proper Processing of Your Personal Data?A If you are a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, the person who is responsible for the proper handling of your Personal Data, known as the data controller, is the Client. Please review respective Client's offering documents for the contact information relating to PDPA inquiries.
A Alternatively, you can send your inquiry to us at transfer.agency@navconsulting.net and we will link you with the appropriate party at the Client's side. If you choose to contact NAV directly, you may need to provide us with additional information as necessary to authenticate your identify for your data security. Please note: we are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person's behalf.
A If you are not a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, but you are a visitor to our website, please refer to our Website Privacy Policy for the relevant contact information.
Changes to this Privacy Policy NoticeAny changes to this Privacy Policy Notice in the future will be posted to our website and also available if you contact us at transfer.agency@navconsulting.net . Please check back frequently to see any changes.