OGAM, LP E.U.-U.S. Privacy Shield Policy
OGAM, LP and all operating affiliates and subsidiaries based in the United States (collectively “Orchard Global”) complies with the E.U.-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 (“E.U.”) to the United States (“U.S.”). Orchard Global 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 Orchard Global’s compliance with this Privacy Shield Policy and the E.U.-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 Orchard Global Data Protection Notice applies to Personal Data transferred from E.U. member countries to Orchard Global’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.
For the purposes of this Privacy Shield Policy:
“Data Subject” means any individual located in the E.U. whose Personal Data is processed by Orchard Global.
“Personal Data” means any information, including Sensitive Personal Data, that is: (a) about an identified or identifiable individual and is received by Orchard Global in the U.S. from the E.U..
“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
Orchard Global shall commit to subject all Personal Data received by Orchard Global in the U.S. from E.U. member countries to the Privacy Shields’ Principles.
Orchard Global notifies Data Subjects covered by this Privacy Shield Policy about its privacy practices in the Orchard Global 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 Orchard Global offers for limiting its use and disclosure of such Personal Data, how Orchard Global’s obligations under the Privacy Shield are enforced, and how Data Subjects can contact Orchard Global 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 Orchard Global 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.
Orchard Global 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, Orchard Global will obtain the Data Subject’s explicit consent prior to such use or disclosure. Unless Orchard Global 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 Orchard Global at: firstname.lastname@example.org.
Orchard Global may share Personal Data with its affiliates and subsidiaries. Orchard Global 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.
- Orchard Global 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 Orchard Global 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, Orchard Global 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 Orchard Global 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 Orchard Global’s obligations under the Privacy Shield Principles; and (iv) require the third-party to notify Orchard Global 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.
Orchard Global 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 Orchard Global is not responsible for the event giving rise to the damage.
Data Integrity and Purpose Limitation
Orchard Global limits the Personal Data it processes to that which is relevant for the purposes of the particular processing. Orchard Global 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. Orchard Global 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 Orchard Global as to request that Orchard Global update or correct relevant Personal Data.
Orchard Global 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 Orchard Global’s obligations to comply with professional standards, Orchard Global’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.
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: email@example.com.
Recourse, Enforcement and Liability
In compliance with the Privacy Shield Principles, Orchard Global commits to resolve complaints about our collection or use of your Personal Data. E.U. individuals with inquiries or complaints regarding our Privacy Shield Policy should first contact Orchard Global at: firstname.lastname@example.org.
In the event we are unable to resolve your concern, E.U. 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
Orchard Global has further committed to cooperate with the panel established by DPAs with regard to unresolved Privacy Shield complaints concerning human resources related and non-human resources related data transferred from the E.U. in the context of the employment relationship.
Orchard Global will comply with the advice given by the DPA where the DPA takes the view that Orchard Global 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. Orchard Global 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 Orchard Global nor by the E.U. 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:
Orchard Global has mechanisms in place designed to effect compliance with the Privacy Shield Principles. Orchard Global conducts an annual self-assessment of its Personal Data practices to verify that the attestations and assertions Orchard Global makes in this Privacy Shield Policy are true and that Orchard Global’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.
If you have questions regarding our Privacy Shield Policy, liaise with your normal coverage personnel at Orchard Global, or contact us at:
3737 Buffalo Speedway, Suite 700
Houston, TX 77098 United States
Orchard Global Asset Management LLP
Registered in England No. OC340921
16th Floor, 100 Bishopsgate
London, UK, EC2N 4AG
Tel: +44 207 060 0088