Privacy Notice

Privacy Notice (External)

 

Background. In the course of doing business with Aeolus Capital Management Ltd., its subsidiaries and affiliates (collectively referred to as “Aeolus,” “us”, “we” or “our”), we may ask you to share certain “Personal Information” with us. In accordance with the Bermuda Personal Information Protection Act 2016 (“PIPA”) and the General Data Protection Regulation (“GDPR”), we respect your right to privacy regarding this Personal Information and recognize the importance of protecting unnecessary or unauthorized access to it. We are therefore committed to being transparent as to the ways in which we collect, use, share and otherwise process Personal Information. As described in this Privacy Notice (the “Notice”), we collect, process, and share Personal Information from you only to the extent necessary to perform the services which you request of us, to comply with any legal obligations to which Aeolus may be subject, and in limited circumstances when you have consented to specific uses or sharing of information.

Scope. This Notice governs the processing of Personal Information relating to investors, cedants, brokers and service providers as well as their agents and/or representatives that conduct business with Aeolus. “Personal Information” includes any information relating to an identified or identifiable natural person, namely, someone who can be identified directly, or indirectly based on the information which has been provided to Aeolus by such parties or their approved representatives.

 

I. Personal Information that we collect

We are likely to collect Personal Information about you when you communicate or transact business with Aeolus. You may provide this information in writing, electronically or by telephone, directly to us or alternatively, via one of our or your third-party service providers. In particular, we may collect the following categories of Personal Information about you from different sources:

  • Contact Information (including but not limited to business contact details). You or your agents or representatives, such as brokers, investment consultants or investment managers, provide this Personal Information to us during physical meetings or telephone conversations, via email or other forms of electronic communication, or through the submission of contact forms;
  • Background/KYC Information (including but not limited to certain credit information). You provide this to us through subscription documentation, “Know Your Customer” (“KYC”) forms, and/or other requisite documentation completed by you or your representatives and provided to Aeolus or our third-party fund administrator; and
  • Financial Information. This includes your transactions and account positions with us or other financial institutions or representatives (including, for example, your own investment manager, broker or custodian).

 

II. Purposes for which we process your Personal Information

The Personal Information you provide to us may be processed for several purposes related to Aeolus’ performance of our business services, namely those related to the management and administration of: i) investments, ii) reinsurance, retrocession or other risk transfer agreements and/or iii) services agreements. Such processing activities may include (but may not be limited to) the following:

  • Confirming and verifying your identity and conducting due diligence on you as a counterparty, including for the purposes of credit assessment (note: this could be ongoing, not once);
  • Completing KYC processes, including our Anti-Money Laundering and Anti-Terrorist Financing procedures, which may include the processing of on-line screening reviews;
  • Processing for internal operational, statistical and general business purposes or analysis;
  • Providing you with information concerning Aeolus’ products and services which may be related to the services and products we already provide to you and that we consider may be of interest to you;
  • Inviting you to attend marketing meetings, events and opportunities as part of our effort to build our business relationship with you;
  • Corresponding with you generally to discuss any aspect of our business relationship;
  • Complying with any of Aeolus’ global legal, regulatory or compliance requirements;
  • Obtaining legal advice or establishing, exercising or defending Aeolus’ legal rights or otherwise for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings); and
  • Investigating, detecting and preventing fraud and other crimes.

 

III. Basis on which we use Personal Information

We rely on a number of legal bases to process your information as described in Section II above, which include, but may not be limited to, the following:

  • The processing is necessary to perform the contractual obligations which we have mutually agreed;
  • The processing is necessary to comply with a legal obligation, court order, or to otherwise exercise or defend legal claims;
  • The processing is necessary for the purposes of pursuing our legitimate interests, for example, we believe it is in our legitimate interests to ensure that our clients are fully informed as to the services and products available to them; and/or
  • You have expressly consented to such processing, which consent you have the right to revoke at any time.

 

IV. Information that we disclose

Generally, we will not disclose your Personal Information to third parties except in the following, limited circumstances:

  • To service providers and other vendors that help us perform the processing outlined in Section II, above.
  • To service providers that help us maintain, process or service your transactions or account(s) including, where applicable, our third-party fund administrator, banks and/or financial institutions;
  • If you request or authorize us to do so, for institutional risk control, or in other circumstances where we believe in good faith that disclosure is required or permitted under law;
  • Complying with any of Aeolus’ legal, regulatory or compliance requirements, anywhere in the world, as applicable; and
  • To third parties to whom you otherwise expressly request or consent for us to distribute your Personal Information.

To the extent possible, we require third parties – through the use of contractual terms and conditions – to use only the information required for the services for which we hire them, and to protect the confidentiality and security of this information.

 

V. Safeguarding your Personal Information

We maintain physical, electronic, and procedural safeguards consistent with commercially reasonable practices to protect your Personal Information. While we strive to protect your Personal Information, please be aware that no method of transmission over the internet or form of electronic means is 100% secure. Therefore, while we will strive to protect your Personal Information, we cannot guarantee its complete security.

 

VI. International Personal Information Transfer

Aeolus’ primary operation is located in Bermuda. As a result, your Personal Information is likely to be processed in Bermuda and possibly other jurisdictions to perform the services for which you have contracted with Aeolus, and these jurisdictions may have different privacy and information protection laws than those that apply in your home jurisdiction. Further, we may also transfer your Personal Information overseas to comply with reasonable requests under law. Regardless of the location of your Personal Information, we will continue to apply a number of safeguards to protect it.

 

VII. Retaining your Personal Information

We will retain your Personal Information for as long as required under applicable laws and consistent with good practice. Information that is no longer relevant to your relationship with us will be deleted in a reasonable amount of time, consistent with applicable legal requirements, and our internal data management policies, procedures and retention periods. 

 

VIII. Your Rights

We understand that depending on the jurisdiction in which you are located, you may have the right to request from us access to and rectification or erasure of your Personal Information, the right to restrict processing, object to processing and (in certain circumstances) the right to data portability. Similarly, if you have provided your consent for the processing of your Personal Information, you may have the right (in certain circumstances) to withdraw that consent at any time.

In cases where you request that we cease processing your Personal Information, we will comply unless we have compelling legitimate and/or legal grounds to continue such processing. Such withdrawal of your consent will not affect the lawfulness of the processing before your consent was withdrawn. Where you wish for us to cease using your Personal Information for marketing purposes, please email your instruction to .

If you have any questions or concerns about this Privacy Notice or our data protection practices, please contact the Aeolus Privacy Officer at:

Daina Casling
Aeolus Capital Management Ltd.
7th Floor
14 Wesley Street,
Hamilton HM 11
Bermuda

441-405-4858

Lastly, if you believe the Company has not complied with its obligations under PIPA and/or GDPR, or has mishandled your personal information, you have the right to raise your concerns directly with the Office of the Privacy Commissioner for Bermuda (“PrivCom”) at .

 

IX. Amendments

We may amend this Notice from time to time. If we believe the changes are material, we will send you an email or message drawing your attention to such changes. However, we encourage you to check back regularly and review any updates to this Notice in any event.