Disclaimer

Please read this page carefully before using this website and the materials accessible through it.

By using this website, you are agreeing to be legally bound by the legal terms defined below. We reserve the right to amend these terms at any time. Your continued use of this website constitutes your agreement to such changes.

Addere Capital Ltd ("AddereCap" or the "Company") provides this website, www.adderecap.com (together with its contents and all sub-websites, this "website"), for your informational purposes only. Addere Capital does not warrant the information or services provided herein or your use of this website generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Addere Capital will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this web site. 

Although the information provided to you on this website is obtained or compiled from sources we believe to be reliable, Addere Capital cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

None of the information contained in this website constitutes a recommendation, solicitation or offer by Addere Capital or its affiliates to buy or sell any securities, futures, options or other financial instruments of any person/company or provide any investment advice or service.

The information contained in this website is for general information purposes only. The information is provided by Addere Capital Ltd and despite our endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about its’ completeness, accuracy, reliability, suitability or availability website or the information, products, services, or related graphics contained herein for any purpose.

Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential, arising from loss of data or profits arising from, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Addere Capital Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 This policy applies to Addere Capital Ltd. and its affiliated companies (collectively “Addere Capital”).

Addere Capital understands that your privacy is important to you and is committed to safeguarding the confidentiality and privacy of personal information entrusted to it.

This Privacy Policy describes how Addere Capital handles and protects your personal information in connection with the hosting of this website, and the provision of its diverse business advisory services in the fields of M&A/corporate finance, restructuring/turnaround, capital advisory & sourcing, performance improvement, non-core assets/NPEs and strategic advisory ("Services"), as explained in more detail in our Services section of the website.

 SCOPE OF THIS POLICY

This policy applies to personal information which is collected and/or used by Addere Capital in its capacity as a controller as that term is defined in the EU General Data Protection Regulation (GDPR) and other similar laws . The contexts in which this might occur are explored under "When do we collect personal information" below.

When we provide Services to clients, we sometimes handle personal information as a processor). This means that we process the information solely on the instructions of our clients, who retain control of the information.

Therefore, if our use of your personal information is not covered by this policy, you may need to contact the client (and controller) on whose behalf the processing of your information is carried out.

QUICK READ

 Addere Capital collects personal information from and on behalf of its clients (e.g. about their employees and customers) to provide business advisory services to those clients. It also processes client personal information to manage its relationship with those clients. Further, Addere Capital also collects some personal information from visitors to this website, recruitment applicants, and attendees at Addere Capital events.

Addere Capital uses personal information to deliver its Services to clients. For its own purposes, it also uses personal information to analyse and improve how it delivers those services, to contact representatives of its clients or prospective clients and to market to them, and to administer recruitment and events.

If Addere Capital uses your personal information, you may have certain important rights which you can exercise. The rights you will be able to exercise will depend on how and why Addere Capital uses your information.

The primary point of contact at Addere Capital for questions regarding your personal information is legal@adderecap.com.

WHO IS YOUR CONTROLLER

The Addere Capital entity responsible for your personal information will be the entity that originally collected information from or about you. If you have a direct interaction with Addere Capital (for example, you attend an Addere Capital hosted event), the identity of your controller may be disclosed to you in connection with that interaction. If we process your personal information in the course of providing our Services to clients, your controller will be the Addere Capital entity providing the Services (assuming those Services are provided as a controller, see above for an explanation). Please note that the contact details for all Addere Capital in respect of data protection or privacy issues are the same, and are as set out below.

YOUR ACCEPTANCE

In respect of personal information collected over this and other Addere Capital websites, your continued use of these websites constitutes your understanding of, and agreement to, the practices described in this Privacy Policy and elsewhere on the websites as well as any subsequent updates. 

WHEN DO WE COLLECT PERSONAL INFORMATION

We collect information about you if:

• you use this (or any other Addere Capital) website;
• you enquire about, or engage Addere Capital to provide, its Services (either in a personal capacity, or as a representative for your employer or client);
• the use of your personal information is reasonably necessary to provide our Services (in these circumstances, your personal information may be disclosed to us by our client who may, for example, be your employer or service provider, or we may obtain your personal information from a range of public or subscription sources, directly from you, or from your associates or persons known to you);
• you apply for a position with Addere Capital;
• you attend an Addere Capital hosted or sponsored event or webinar;
• you contact us with any other enquiry, complaint or notice.

WHAT TYPES OF PERSONAL INFORMATION ARE COLLECTED AND WHAT DO WE USE IT FOR?

The following is a summary of the types of personal information we collect, and the purposes for which that information is used.

Website Users
Addere Capital collects your name, address, e-mail address, telephone number and any other personally-identifiable information which you voluntarily provide as "comments" when you submit an inquiry through the "Connect" tool. Addere Capital also collects other background information about you in connection with career-related inquiries that you submit through its website.

Addere Capital may also automatically collect personal information (through the use of Cookies or similar technologies, including your IP address, device identifier, browsing patterns on its websites, click stream data, and HTP protocol elements) to ensure the effective operation of the website or in order to align the presentation of our Services more closely to your requirements (for example, processing information about your broad geographic location to serve you with a local version of this website). This tracking information is stored in an anonymous, aggregated and non-personal format, and is also used to understand and analyze trends, to administer the websites, and to learn about user behavior on the websites.

Please refer to our Cookie Policy for a more detailed overview on how Addere Capital uses Cookies.

In certain instances, Addere Capital may use IP addresses to help identify you when Addere Capital feels, in its sole discretion, that it is necessary to enforce compliance with this Privacy Policy, to protect its services, websites, systems, information, employees, business partners, subsidiaries, affiliates, users, customers or others, or when required by law or for law enforcement purposes.

Addere Capital Former, Current and Prospective Clients
If you submit an enquiry to Addere Capital about our Services (either over the website, or by emailing, telephoning or meeting with one of our colleagues), then we will process information such as your name, job title and contact information in order to respond to your enquiry.

If you attend an Addere Capital event or webinar, or if you associate with an Addere Capital colleague at, for example, an industry event, then Addere Capital may collect basic personal information, such as contact details, which you voluntarily provide (for example, by filling in a form or handing over a business card) in order to facilitate your participation in the event, and for the management of our relationship with you as an actual or prospective client.

If you or the organisation you are associated with becomes an Addere Capital client, then we may process your personal information in order to:

• carry out "Know Your Client" checks and screening prior to starting a new engagement (as well as basic contact information, this may mean processing compliance related information such as proof of your identity, information about your professional background, history of directorships and, in some circumstance, details of any criminal convictions or adverse media coverage);
• carry out background checks for the purposes of complying with anti-money laundering and terrorist financing laws;
• carry out client communication, service, billing and administration;
• deal with client complaints; and
• administer claims.

Taking account of applicable marketing laws, we also process personal information about our clients (former, current and prospective) in order to:

• send our clients newsletters, know-how, promotional material and other marketing communications;
• invite our clients to events (and arrange and administer those events).

Performing Services for Our Clients
As discussed above, many of our Services involve the processing of personal information. In the majority of cases, personal information is provided to us in strict confidence, subject to restrictive undertakings on its use / disclosure.

Other Uses
If you apply for a position with Addere Capital, we will need to collect personal information in order to consider your application, and during any interview and assessment phase.

Finally, if you contact us for any other reason, we will collect basic contact details, as well as any other personal information relevant to the reason for your enquiry, in order to resolve that enquiry.

What is our legal basis for collecting personal information?
All processing (i.e. use) of your personal information is justified by a "lawful basis" for processing. In the majority of cases, processing will be justified on the basis that:

• the processing is necessary for the performance of a contract to which you are a party, or to take steps (at your request) to enter into a contract (e.g. where you request certain Services as an individual client, or where we help advise your employer or service provider on fulfilling an obligation to you under a contract);
• the processing is necessary for us to comply with a relevant legal obligation (e.g. where we are required to collect certain information about our clients for tax or accounting purposes, or where we are required to make disclosures to courts or regulators); or
• the processing is necessary for the performance of a task carried out in the public interest (e.g. background checks for anti-money laundering and terrorist financing purposes); or
• the processing is in our legitimate interests, subject to due consideration for your interests and fundamental rights (this is the basis we rely upon for the majority of the processing of personal information in connection with the provision of our Services, and also for the purposes of most client on-boarding, administration and relationship management activities).

In limited circumstances, we will use your consent as the basis for processing your personal information, for example, where we are required by applicable law to obtain your prior consent in order to send you marketing communications.

Before collecting and/or using any special categories of data (as that term is defined in the GDPR), or criminal record data, we will establish a lawful exemption which will allow us to use that information. This exemption will typically be:

• your explicit consent;
• the establishment, exercise or defence by us or third parties of legal claims; or
• other uses allowed by applicable law including context specific exemptions provided for under local laws of EU Member States and other countries implementing the GDPR, such as in relation to the processing of special category data for the purposes of preventing or detecting fraud in relation to instructions from potential clients.

Disclosure of Personal Information to Third Parties
Addere Capital will not disclose your personal information to third parties other than as described in this Privacy Policy unless Addere Capital has your permission or is required or permitted by law. Addere Capital may share such information with its affiliates as necessary to carry out the purposes for which the information was supplied or collected. Similarly, third party contractors, consultants and/or vendors engaged by Addere Capital to provide services may have access to your personal information. These third parties will be subject to their own data protection requirements providing the same or greater level of security provided by Addere Capital and in most instances will also have entered into a written agreement with Addere Capital which addresses the protection of your personal information.

Addere Capital may also disclose your personal information for the purposes of:

• responding to requests from law enforcement agencies, regulators or courts, or to subpoenas, search warrants, or other legal requests;
• the prevention and/or detection of crime;
• establishing legal rights or to investigate or pursue legal claims;
• a merger, acquisition or corporate restructuring to which Addere Capital is subject;
• preventing risk of harm to an individual.

Information Security
Addere Capital has reasonable technical safeguards, security policies and procedures in place to protect personal information from unauthorized loss, misuse, alteration, or destruction. Measures we take include placing confidentiality requirements on our staff members and service providers, limiting access to your personal information on a "need to know" basis, and providing training to appropriate Addere Capital personnel. We also maintain comprehensive policies addressing data incident response protocols.

Despite Addere Capital's best efforts, however, security cannot be absolutely guaranteed against all threats.

Retention of your personal information
Addere Capital retains your personal information for the period of time required for the purposes for which it was collected, any compatible purposes which we subsequently establish, or any new purposes to which you subsequently consent, or to comply with legal, regulatory and Addere Capital policy requirements. This period of time will usually be the period of your, or the relevant client's, relationship or contract with Addere Capital plus a period reflecting the length of time for which legal claims may be made following the termination of such relationship or contract. Some information (such as call recordings, tax records and certain information required to demonstrate regulatory compliance) may need to be kept for longer. Personal information will be kept for a shorter or longer period of time if so required by law or an Addere Capital policy, if the information becomes subject to a legal hold (for example, following a communication from our regulator) or if we have identified through a data protection impact assessment that a different retention period is appropriate.

Your Rights in Jurisdictions Covered by the GDPR and Similar Laws

If your personal information is processed by an Addere Capital entity in the EEA, Brazil or other jurisdiction that has adopted the GDPR or similar rules, then, subject to certain exemptions, and dependent on how and why we use it, you have certain rights in relation to your personal information.

We may ask you for additional information to confirm your identity before disclosing any personal information to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Right to Access
You have the right to access personal information which Addere Capital holds about you, together with certain information about how and why your personal information is processed.

Right to Rectification
You have a right to request us to correct your personal information where it is inaccurate or out of date.

Right to be Forgotten (Right to Erasure)
You have the right under certain circumstances to have your personal information erased. Your information can only be erased if it is no longer necessary for the purpose for which it was collected, and we have no other legal ground for processing the information.

Right to Restrict Processing
You have the right to restrict the processing of your personal information, but only where:

• its accuracy is contested, to allow us to verify its accuracy; or
• the processing is unlawful, but you do not want it erased; or
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
• you have exercised the right to object, and verification of overriding grounds is pending.

Right to Data Portability
You have the right to data portability, which requires us to provide personal information to you or another controller in a commonly used, machine readable format, but only where the processing of that information is based on (i) consent; or (ii) the performance of a contract to which you are a party. Please note that Addere Capital rarely relies upon consent as a legal basis, and the performance of a contract basis will only be relevant to the extent that you, as an individual, are party to a contract with Addere Capital or a client, and our use of your personal information is necessary for the performance of that contract.

Right to Object to Processing
You have the right to object to the processing of your personal information at any time, but only where that processing is based on our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

If you reside in the European Economic Area (EEA) and would like to exercise your right to access, review, correct or discuss how your personal information is processed by Addere Capital please contact us at legal@adderecap.com.

If you reside outside of the EEA you can also make a request to update or remove information about you by contacting legal@adderecap.com. Addere Capital will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards.

In addition, under applicable local law you may have the legal right to lodge a complaint with the relevant supervisory authority or local data protection authority.

 Marketing
Addere Capital may send you information related to its services, products and events that we believe are of interest to you. This information may be sent by post or via email. If at any point you no longer prefer to receive marketing communications from Addere Capital you can (i) unsubscribe from Addere Capital communications sent by email using a link provided in marketing emails sent from Addere Capital; or (ii) contact us to exercise your right to prevent all forms of marketing (both post and email).

Children
Addere Capital’s websites are not intentionally designed for or directed at children under the age of 18. It is Addere Capital’s policy never to knowingly collect or maintain information about anyone under the age of 18, except as part of an engagement to provide professional services.

Links
Addere Capital websites may contain links to other sites, including websites maintained by Addere Capital affiliates that are governed by other privacy policies that may differ somewhat from this one. Users should review the privacy policy of each website visited before disclosing any personal information. To the extent that Addere Capital provides links to third party websites, such links do not constitute an endorsement, sponsorship, or recommendation by Addere Capital of the third parties, the third party websites, or the information contained on those websites, and Addere Capital is not responsible or liable for your use of such third party websites. Where appropriate you should review the privacy polices of any websites or applications before submitting personal information.

Changes to this Policy
By using Addere Capital websites you consent to the collection, use and storage of personal information as described in this Privacy Policy and elsewhere on the websites. Addere Capital reserves the right to make changes to this Website Privacy Policy from time to time. Addere Capital will notify you by posting amendments to the Privacy Policy on this website.

Contact Us
If you have questions or concerns regarding this policy or Addere Capital’s personal data processing policies, please contact Addere Capital at: legal@adderecap.com.