GDPR

EUROPEAN UNION, EUROPEAN ECONOMIC AREA AND SWITZERLAND PRIVACY STATEMENT

Introduction

Catalyst Advisors, L.P. is a Delaware Limited Partnership with its principal place of business located at 7 World Trade Center, 46th Floor, New York, NY 10007 (United States).  Catalyst Advisors UK Limited, is a limited company of the United Kingdom with its principal place of business located at Suite 1, 3rd Floor, 11-12 St. James Square, London, SW1Y4LB (United Kingdom). This statement (“EEA/Swiss Privacy Statement”) sets forth the privacy standards that Catalyst Advisors, L.P., and Catalyst Advisors UK Limited (together, the “Company”) utilizes to collect, retain, and use personal information obtained from individuals located within the European Union (“EU”), the European Economic Area (“EEA”) and Switzerland.  It is Company’s policy to respect, and protect, personally identifiable information from individuals in the EU/EEA and Switzerland as set forth in this EEA/Swiss Privacy Statement.

1.            What Is the Scope of this Statement?

This EEA/Swiss Privacy Statement sets forth the principles under which Company collects, uses, processes, retains, and discloses personal data and/or sensitive data in the United States from individuals located within the EU/EEA or Switzerland, including by and through our website located at www.catalystadvisorslp.com (the “website”) and information you provide to us based upon information from our website (i.e., if you send us an e-mail at an e-mail address identified on the website). Company has general privacy policies which apply to information which is not received from individuals within the EU/EEA or Switzerland. Company’s general privacy policy can be viewed at https://www.catalystadvisorslp.com/privacy. This statement covers information received in electronic or other formats.

1.1       The Company is committed to safeguarding the privacy of customers and users.

1.2       This EEA/Swiss Privacy Statement applies where we are acting as a data controller with respect to the personal data of customers and users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3       We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of your use of the website and/or our services, we will ask you to consent.    

1.4       In this EEA/Swiss Privacy Statement, “we”, “us” and “our” refer to the Company, and each of their respective officers, directors, owners, employees and agents.

2.          How we use your personal data

2.1       In this Section 2, we have set out:

(a)        the general categories of personal data that we may process;

(b)       in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;

(c)        the purposes for which we may process personal data; and

(d)       the legal bases of the processing.

2.2       We may, in the future, obtain or process data about your use of our website and services (“usage data“). Such usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use.  We will advise you if we process such usage data as such data may assist us in monitoring and improving our website and services.

2.3       We may process your account data (“account data“). This account data may include your name, email address, company/employer name and company/employer address. The source of the account data is you and/or information which is publicly available.  The account data may be processed for the purposes of operating our website and preparing databases, providing our services to you, maintaining back-ups of our databases and communicating with you.  The legal basis for this processing is your consent, and/or the performance of our services to you, and/or taking steps, at your request, to enter into a contract or contact a third-party on your behalf.

2.4       We may process your information in connection with your personal profile created in connection with performance or potential performance of services for you (“profile data“). The profile data may include your name, address, telephone number, email address, education history and employment details. The profile data may be processed for providing services to you or on your behalf including: assessing your suitability for executive roles, contacting you about board and executive search or assignments, sending information to employers and potential employers and/or verifying the details you have provided.  Anonymized data from your profile data (i.e., information about your employment and skills with your personal data stripped or removed) may be provided to employers or potential employers. The legal basis for this processing is your consent, and/or the performance of our services to you, and/or taking steps, at your request, to enter into a contract or contact a third-party on your behalf.

              We will keep your information we collect from you where we have an ongoing legitimate business need to do so (i.e., to provide you with the services or to comply with applicable legal, tax or accounting requirements). When we no longer have a continual and legitimate business need to process your personal information we will delete or anonymize your information. If a request for deletion is made by you, your personal information will be isolated from any further processing until deletion is possible, all to the extent further processing is not required by applicable law, contractual or legal obligations. If you have any questions about how long we retain your personal information, you may contact us at Privacy@catalystadvisorslp.com.   

2.5       We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include your name, address, telephone number, email address, education history and employment details.  The source of the service data is you and/or information which is publicly available. The service data may be processed for providing services to you or on your behalf.   The legal basis for this processing is your consent, and/or the performance of our services to you, and/or taking steps, at your request, to enter into a contract or contact a third-party on your behalf.

2.6       We may process information that you post for publication on our website or through our services (“publication data“), which may include your name and employment details. The publication data may be processed for the purposes of enabling such publication and providing our services. The legal basis for this processing is your consent, and/or the performance of our services to you, and/or taking steps, at your request, to enter into a contract or contact a third-party on your behalf.

2.7       We may process information contained in any enquiry you submit to us regarding our services (“enquiry data“) (i.e., when you provide information through our website, to an e-mail address available on the website, or in response to any communication from the Company. The enquiry data may be processed for the purposes of offering, marketing and selling relevant services to you, providing our services to you, or providing you with information requested by you. The legal basis for this processing is consent and/or providing our services to you.

2.8       We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, address, telephone number, email address, educational history employment details, and information contained in communications between us and you or your employer or potential employer. The source of the customer relationship data is you and/or information which is publicly available. The customer relationship data may be processed for the purposes of providing services to you or on your behalf. The legal basis for this processing is consent and/or providing our services to you.

2.9       We may process information relating to transactions, including payment for our services, or other amounts that you agree to pay in connection with our services or through our website (“transaction data“). The transaction data may include your personal or business contact details, your company address (businesses should not provide us with personal addresses for the processing of payments on behalf of a business) and ACH account information, and/or credit card details and the transaction details. The transaction data may be processed for the purpose of paying for our services and keeping proper records of those transactions, including for tax and required legal reporting purposes. The legal basis for this processing is the performance of a contract between you and the Company and/or taking steps, at your request, to enter into such a contract, as well as our legitimate interests, including payment for our services and the proper administration of our website and business.

2.10     We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“).  The notification data may include name, business name, and email address. The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters and/or otherwise providing you with relevant information concerning the Company or its services. The legal basis for this processing is consent and/or the performance of a contract between you and the Company and/or taking steps, at your request, to enter into such a contract.

2.11     We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include your name, address, telephone number, email address, educational history, employment details, metadata associated therewith, together with any other information you voluntarily provide to the Company.  The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, including the proper administration of our website, and business and communications with users, including you.

2.12     In addition to the above, we may also process any of your personal data identified in this EEA/Swiss Privacy Statement where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings, alternative dispute resolution (“ADR”) or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

2.13     In addition to the above, we may also process any of your personal data identified in this EEA/Swiss Privacy Statement where necessary for the purposes of managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

2.14     In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary or advisable for compliance with a legal obligation to which we are subject (in the United States, the EEA, the EU, Switzerland or otherwise), or in order to protect your vital interests or the vital interests of another natural person.

2.15     Please do not supply the following to us:

             a. Any other person’s personal data to us, unless the Company explicitly asks you to do so;

             b. Any categories of your personal data that have not been explicitly requested by the Company;

             c. Any confidential, proprietary, secret or legally protected information which you are not explicitly requested by the Company to provide; and

             d. Any confidential, proprietary, secret or legally protected information which are are under any legal obligation to not provide to or share with the Company.

3.          Providing your personal data to others

3.1       We may disclose your personal data to our officers, directors, employees, and agents insofar as reasonably necessary for the purposes, and on the legal bases, set out in this EEA/Swiss Privacy Statement, including to provide or potentially provide services to you or for your benefit.

3.2       We may disclose your personal data to our professional advisers insofar as reasonably necessary for the purposes of managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings, ADR or in an administrative or out-of-court procedure.

3.3       We may disclose anonymized data or information from your personal data (i.e., information about your employment and skills with your personal data stripped or removed) to employers or potential employers.  However, your personal data will not be provided to such employers or potential employers without your separate consent.

3.4       We may disclose personal data contained on your resume/CV, as well as similar/related information we obtain about you from public sources and which might be relevant to our services to the following suppliers and subcontractors: Noon Dalton www.noondalton.com (located in India) insofar as reasonably necessary for assisting us in providing our services to you, storing data and in connection with the administration of our business.

3.5       Financial transactions relating to services are handled by the following payment services providers: Citibank (https://www.citi.com/) and Signature Bank   (https://www.signatureny.com). We will not share your personal transaction data with our payment services providers, and instead, we only receive payment through our payment service providers.  Any personal data you provide to our payment service provider is governed by our payment service provider’s privacy policies and practices, which can be located at https://online.citi.com/US/JRS/portal/template.do?ID=Privacy or elsewhere on their website.

3.6       In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings, ADR or in an administrative or out-of-court procedure.

4.          International transfers of your personal data

4.1       In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA) (Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom) or Switzerland.

4.2       Catalyst Advisors, L.P. is a Delaware Limited Partnership with its principal place of business located at 7 World Trade Center, 46th Floor, New York, NY 10007 (United States).  Catalyst Advisors UK Limited, is a limited company of the United Kingdom with its principal place of business located at Suite 1, 3rd Floor, 11-12 St. James Square, London SW1Y4LB (United Kingdom).  Your personal data may be transferred by and between Catalyst Advisors, L.P. (US) and Catalyst Advisors UK Limited (UK).  The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to the United Kingdom from the United States will be protected by appropriate safeguards pursuant to its application of the GDPR (and, to the extent applicable, any successor or related legislation binding the United Kingdom after Brexit).  Transfers to the United States by Catalyst Advisors UK Limited will be protected by appropriate safeguards through the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

4.3       By providing your personal data to Catalyst Advisors, L.P. or Catalyst Advisors UK Limited, you are agreeing to the transfer of your personal data to the United States, India and the United Kingdom in accordance with this EEA/Swiss Privacy Statement.

4.4       The hosting facilities for the Company’s website are situated in the United States. The European Commission has made an “adequacy decision” with respect to the data protection laws of the United States. Transfers to the United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

4.5       Employers or potential employers who receive your personal data pursuant to the services being provided to you by the Company could be located anywhere in the world.  To the extent such employer or potential employer is located in a country for which an “adequacy decision” by the European Commission was made deeming the country’s protections of your personal data not adequate, any such transfers will be protected by the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

4.6       Noon Dalton www.noondalton.com (see section 3.4 above) is situated in India.  The European Commission has made an “adequacy decision” with respect to the data protection laws of India. Transfers to India will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

4.7       You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5.          Retaining and deleting personal data

5.1       This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

5.2       Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

5.3       We will retain your personal data as follows:

(a)        We will retain your personal data that as long as we have an ongoing legitimate business need to do so (i.e., to provide you with the Services or to comply with applicable legal, tax, accounting, or contractual requirements).

(b)        Once we no longer have a need to process your personal data for the purpose for which it was obtained, we will either delete or anonymize it or, if this is not possible (i.e., because your personal information has been stored in backup archives where it cannot be separated from other data), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

             If you have any questions about how long we retain your personal information, you may contact us at Privacy@catalystadvisorslp.com.

5.4       Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6.          Amendments

6.1       We may update this EEA/Swiss Privacy Statement from time to time by publishing a new version on our website.

6.2       You should check this page occasionally to ensure you are happy with any changes to this EEA/Swiss Privacy Statement.

6.3       We may notify you of significant changes to this EEA/Swiss Privacy Statement by email or through the private messaging system on our website.

7.          Your rights

7.1       In this Section 7, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

7.2       Your principal rights under data protection law are:

(a)        the right to access;

(b)       the right to rectification;

(c)        the right to erasure;

(d)       the right to restrict processing;

(e)       the right to object to processing;

(f)        the right to data portability;

(g)        the right to complain to a supervisory authority; and

(h)       the right to withdraw consent.

7.3       You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.  You can access your personal data by emailing us at Privacy@catalystadvisorslp.com.  We may require authentication as to your identity before we provide you with access to your personal data.

7.4       You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

7.5       In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing where no other legitimate basis for retention exists; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation (including contractual obligations); or for the establishment, exercise or defense of legal claims.

7.6       In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful, but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

7.7       You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

7.8       You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

7.9       You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

7.10     If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

7.11     To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

7.12     You may exercise any of your rights in relation to your personal data by written notice to us at:

             Catalyst Advisors, L.P.

             7 World Trade Center, 46th Floor

             New York, NY 10007 (United States)

             privacy@catalystadvisorslp.com

             Attention: Privacy Officer

 

                                With a copy (including the words “Catalyst Advisors” in the subject line) to:

                                                OlenderFeldman LLP

                                                422 Morris Avenue

                                                Summit, NJ 07901 (United States)

                                                Attention: Michael J. Feldman, Esq. (mfeldman@olenderfeldman.com)

 

             OR

 

             Catalyst Advisors UK Limited

             Suite 1, 3rd Floor

             11-12 St. James Square

             London SW1Y4LB (United Kingdom)

 

                                With a copy (including the words “Catalyst Advisors” in the subject line) to:

                                                OlenderFeldman LLP

                                                422 Morris Avenue

                                                Summit, NJ 07901 (United States)

                                                Attention: Michael J. Feldman, Esq. (mfeldman@olenderfeldman.com)

8.          About cookies

8.1       A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

8.2       Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

8.3       Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

9.          Our details

9.1       This website www.catalystadvisorslp.com is owned and operated by Catalyst Advisors, L.P., 7 World Trade Center, 46th Floor, New York, NY 10007 (United States).

 

9.2       The website www.catalystadvisorslp.com is owned and operated by Catalyst Advisors UK Limited, Suite 1, 3rd Floor, 11-12 St. James Square, London, SW1Y4LB (United Kingdom).

 

9.3       Catalyst Advisors UK Limited is registered in England and Wales under registration number 08910940 at the address set forth above.

9.4       Catalyst Advisors UK Limited shall also serve as the GDPR Representative of Catalyst Advisors, L.P., in the EEA.

9.5       You can contact us:

             Catalyst Advisors, L.P.

             7 World Trade Center, 46th Floor

             New York, NY 10007 (United States)

             Privacy@catalystadvisorslp.com

             Attention: Privacy Officer

 

                                With a copy (including the words “Catalyst Advisors” in the subject line) to:

                                                OlenderFeldman LLP

                                                422 Morris Avenue

                                                Summit, NJ 07901 (United States)

                                                Attention: Michael J. Feldman, Esq. (mfeldman@olenderfeldman.com)

             OR

             Catalyst Advisors UK Limited (individually and as the GDPR Representative of Catalyst Advisors, L.P.)

             Suite 1, 3rd Floor

             11-12 St. James Square

             London SW1Y4LB (United Kingdom)

 

                                With a copy (including the words “Catalyst Advisors” in the subject line) to:

                                                OlenderFeldman LLP

                                                422 Morris Avenue

                                                Summit, NJ 07901 (United States)

                                                Attention: Michael J. Feldman, Esq. (mfeldman@olenderfeldman.com)