External Privacy Notice

This website https://www.archempartners.com/ (the “Site”) is operated by ARCH Emerging Markets Partners Limited (company number 11283865), whose registered office is at 100 New Bridge Street, London, United Kingdom, EC4V 6JA ("ARCH, “we”, "us" or "our"). Our business office is 70-72 Jermyn Street, 4th Floor, London SW1Y 6NY, United Kingdom.

We are a "controller" for the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018 (together the "Data Protection Legislation"). This means that we are responsible for, and control the processing of, your personal information. We are registered with the Information Commissioner's Office, or ICO, under registration number ZA910802.

This Privacy Notice sets out how ARCH processes your personal data when you visit our Site, or use the services that we offer, including from the Site, (together “Services”). It applies to ARCH’s Site visitors, clients, suppliers and other third parties that we interact with when providing our Services. ARCH also acts as a "processor" in respect of the funds that we advise. In each case, the General Partner, and Manager are the controllers (if you are an investor, please refer to the relevant privacy information in the investment documentation which sets out how your personal data is processed by the relevant fund).

PURPOSE OF THIS PRIVACY NOTICE

This Privacy Notice explains our approach to any personal data that we might collect from you or which we have obtained about you from a third party and the purposes for which we process your personal data. It also sets out your rights in respect of our processing of your personal data, including how you can request that we delete it, update it, transfer it and/or provide you with access to it.

It is intended to assist you in making informed decisions when using the Site and our Services. Please take a moment to read and understand it. It should be read in conjunction with our Terms of Use and our Cookie Policy below.

This Privacy Notice only applies to the use of your personal data obtained by us, whether from you directly or from a third party. It does not apply to personal data collected by third parties during your communications with those third parties or your use of their products or services (for example, where you follow links to third party websites over which we have no control, or you purchase goods or services from those third parties).

HOW TO CONTACT US

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact:
nviljoen@archempartners.com and legal@archempartners.com

70-72 Jermyn Street
4th Floor, St. James’
London
SW1Y 6NY
United Kingdom
Tel: +44 203 974 7700

WHAT PERSONAL DATA WE MAY COLLECT

• When you use our Site, we may collect information that you voluntarily provide and we also collect technical data about your device, browsing actions and patterns (please see our Cookie Policy below for further information). If you contact us, we may keep a record of that correspondence.
• If you are an investor or potential investor, we may collect and process your contact details (name, telephone number and email address), company sector type and job title), as well as record of our interactions with you.
• If you are a business contact (for example, a placement agent), we may collect and process your contact details (name, telephone number and email address) and job title, and keep a record of our interactions with you.
• If you are a supplier, service provider or professional adviser contact, we may collect and process your contact details (name, telephone number and email address), job title, company details and transaction records. If you are a controlling individual of a company that provides us with goods or services, we are required to carry out regulatory checks and may process your name, address, proof of address, email address, passport information, date of birth, and the results of any sanctions and politically exposed person (PEP) checks, including criminal record details for this purpose.

OUR LAWFUL BASIS FOR USING PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we use your personal data in the following circumstances:

• where we need to perform the contract we are about to enter into or have entered into with you;
• where we need to comply with an applicable legal obligation; and
• where it is necessary for our legitimate interests conducting and managing our business to enable us to give you the best Services and the best and most secure experience, and your interests and fundamental rights do not override those interests. We balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.

Please see below for more information on how we use your personal data and the specific lawful bases that apply.

HOW WE USE PERSONAL DATA

We will collect your personal data for the purposes set out below. We have also indicated below which lawful basis allows us to use your information in this way.

• Operating the Site: We use information collected through our Site to customise our Site and its content to your particular preferences, and conduct statistical analysis in relation to the use of the Site (legal basis: because it is in our legitimate interests to develop and improve our Site, and offer a good user experience);
• Provision of Services: We will use your name and contact details and records of previous correspondence and interactions to supply and manage our Services to you (legal basis: to perform a contract that we have entered into with you).
• Regulatory screening checks: We conduct PEP, sanctions checks and Know Your Customer ‘KYC’ checks to identify you and verify the identity of our supplier, service providers and professional advisers, in order to meet our regulatory obligations under anti-money laundering and terrorist financing regulations. This may involve using identification information you have provided to us, as well as information from the third-party screening providers (legal basis: to comply with our legal and regulatory obligations).
• Business development and marketing: We will hold information about your preferences, including in relation to marketing, relationship with our staff and details of events you have attended, so that we can manage our relationship with you and for business development purposes, which may include contacting you about investment opportunities and events. If you attend an event, we may collect information about your dietary or access requirements (legal basis: because it is in our legitimate interests to manage our client relationships and develop business/alternatively, in the case of sensitive information such as dietary or access requirements, consent).
• Regulatory reasons and legal claims: We may gather information relating to you for audits, enquiries or investigations and make disclosures to our auditors, our own legal and other professional advisors, our banks, insurers, and insurance brokers and regulatory bodies for this purpose. We may also use your information in order to establish, exercise or defend legal claims made by you or third parties, or otherwise for the purposes of protecting our rights and those of third parties (legal basis: to comply with our legal and regulatory obligations / because it is in our legitimate interests to comply with regulations that apply to us and protect or rights).
• Prevention and detection of crime: We may be required to process or disclose your information to third parties to prevent or detect fraud and other crime, anti-money laundering and anti-bribery (legal basis: because it is in our legitimate interests to prevent and detect crime where necessary).
• Internal business purposes: We may use your information to manage our business performance (including for business analytics and statistical purposes), to assess satisfaction with our Services (such as by asking you to participate in surveys) and improve our products and services (legal basis: because it is in our legitimate interests to develop our products and services and enhance the client experience).
• Communicating with you: From time to time, we may notify you of any material changes to our Site or to our Services that may affect you (legal basis: because it is in our legitimate interests to keep you informed and to comply with our legal and regulatory obligations).
• Managing service providers, suppliers and professional advisers: We use relevant information for supply chain management, accounting, tax and record-keeping purposes.

We may anonymise, collect, use and share aggregated data for statistical and research purposes where it does not identify you.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will generally notify you and we will explain the lawful basis which allows us to do so. However, please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract with you (for example, information required for regulatory screening checks), and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you.

HOW WE OBTAIN PERSONAL DATA

We use different methods to collect personal data from and about you, including through:

• Direct interactions: You may give us your identity and contact details by filling in forms or by corresponding with us by post, phone, email or otherwise.
• Third parties or publicly available sources: We may receive personal data about you indirectly from various third parties and public sources such as placement agents (if you are an investor) and screening providers (if you are a controlling individual of a supplier, service provider or professional adviser).
• Automated technologies or interactions: As you interact with our Site, we will automatically collect technical data about your device, browsing actions and patterns, and also Usage data. We collect this personal data by using cookies and other similar technologies. Please see our Cookie Policy below for further details.

SHARING OF PERSONAL DATA

We will only share personal data with third parties when we are legally permitted to do so. When we share personal data with third parties, where required, we put contractual arrangements and security mechanisms in place to protect the personal data shared and to comply with our data protection, confidentiality and security standards and obligations.

We may pass your personal data with third parties, including:

• other members of the ARCH group for internal and administration purposes, or where necessary to provide Services to you, subject to our procedures on international transfers (please see below);
• to the funds that we advise, where necessary for the provision of our advisory services, and their fund administrators subject to our procedures on international transfers (please see below);
• suppliers and service providers used by us in providing our goods and services, including IT service providers that provide file hosting and sharing platforms, and marketing agents we use to send marketing communications on our behalf;
• due diligence providers and sanctions screening providers, for the purposes of regulatory screening checks; and
• our professional advisers, auditors, insurers and insurance brokers.

Occasionally, we may also share personal data with relevant third parties:

• where you have given us your consent to do so;
• where we are under a duty to disclose or share your personal data with law enforcement agencies and regulatory bodies, or otherwise for the prevention or detection of crime;
• in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
• to enforce or apply our agreements, or to protect the rights, property or safety of our group, our customers or others; or
• where it is fair and reasonable for us to do so in the circumstances (for example, to protect your vital interests or the vital interests of another natural person).

For questions about third party suppliers, please send an email to nviljoen@archempartners.com and legal@archempartners.com. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

The personal data we have collected from you may be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance, or employment.

AUTOMATED DECISIONS

Automated decision-making takes place when an electronic system uses personal data to make a decision without human intervention. You have the right not to be subject to automated decisions that will create legal effects or have a similar significant impact on you, unless you have given us your consent, it is necessary for a contract between you and us or is otherwise permitted by law. We do not currently carry out automated decision-making.

MARKETING

We may use your personal data to form a view on opportunities and events we believe may be of interest to you.

You can ask us to stop sending you marketing messages at any time, by following the opt-out links or instructions on any marketing message sent to you or by contacting us at InvestorRelations@archempartners.com with a copy to legal@archempartners.com at any time.

Where you opt out of receiving these marketing messages, we will continue to contact you about any contract you have with us.

INTERNATIONAL TRANSFERS

Personal data collected by ARCH may be transferred outside the UK whether within the ARCH Group or with third parties. In some cases, the local data protection laws may not provide the same level of protection as those in the UK. In particular, in our capacity as an investment adviser, we may share personal data with the funds (or similar accounts) we advise which are based in Guernsey, South Africa and Mauritius including (where applicable) their fund managers, general partners and fund administrators. We may also share personal data with other entities in our group based in Ivory Coast, Kenya, and South Africa, (our sub-advisers, where applicable, in these countries). Finally, we use certain IT providers that are located in the United States.

ARCH has put in place adequate mechanisms to protect personal data when it is transferred outside the UK, in accordance with the applicable Data Protection Legislation so as to ensure that at least one of the following safeguards is implemented:

• Adequacy decisions: We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal information by the UK.
• EU Standard Contractual Clauses supplemented by the UK Addendum: Where we need to transfer your personal data outside the UK to a country which is not recognised as providing adequate protection, we may use specific model clauses approved by the UK which give personal data similar protections as it has in the UK.

Please contact us at nviljoen@archempartners.com and legal@archempartners.com, if you would like further information on the specific mechanisms used by us when transferring your personal data outside the UK.

DATA SECURITY

We are committed to keeping the personal information you provide to us secure and we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions or on the basis of contractual obligations which include a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

HOW LONG WE KEEP PERSONAL DATA

We retain your personal data in accordance with our Document Retention Policy which can be provided to you upon written request to nviljoen@archempartners.com and legal@archempartners.com and will not retain your personal data for any longer than is necessary for our purposes, including for the purposes of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period, we consider the legal, regulatory, tax, accounting or other requirements, the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. If you opt out of marketing, we will keep a record of this in our marketing suppression list indefinitely to ensure that we do not send you further marketing.

YOUR RIGHTS

You have the following rights in relation to the personal data we hold about you. If you would like to exercise any of these rights, please contact us at nviljoen@archempartners.com and legal@archempartners.com:

• Access to your personal data: You can contact us to request the information we hold about you, as well as supplementary information such as why we have that information, who has access to the information and where we got the information.
• Withdrawing consent: If you have given us your consent to use your personal data (for example, information relating to dietary requirements), you can withdraw your consent at any time.
• Correction of your personal data: If the data we hold about you is out of date, incomplete or incorrect, you can inform us and we will ensure that it is updated.
• Erasure of your personal data: You can request that we erase the information we hold. When we receive your request, we will confirm whether the information has been deleted or tell you the reason why it cannot be deleted.
• Objection to processing your personal data: You have the right to request that we stop processing your information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. Upon receiving the request, we will contact you to tell you if we are able to comply or if we have legitimate grounds to continue – for example, we may need to continue to hold your information for regulatory or legal reasons.
• Objection to direct marketing: You have the right to request that we stop contacting you with direct marketing.
• Restriction: You can ask us to temporarily limit the use of your personal data – for example, where you have questioned the accuracy of your information or how it is being used, but you do not want us to delete it.
• Portable data: You can ask us to provide you with some of the personal data that we hold about you in a structured, commonly used, electronic form, so it can be easily transferred. In some circumstances, you can ask us to share the information with third parties. Once we have received your request, we will comply where it is feasible to do so.

Please note, some of these rights only apply in certain circumstances and we may not be able to fulfil every request.

If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the request; this is to ensure that your data is protected and kept secure. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

Your right to lodge a complaint with the supervisory authority.

If you have a concern about any aspect of our privacy practices, including the way we have handled your personal data, please contact us at nviljoen@archempartners.com and legal@archempartners.com. If you wish to report any issues or concerns about us to the Information Commissioner's Office, please find their contact details here.

COOKIE POLICY

Our Site may use certain cookies, web beacons, pixel tags, log files and other technologies.

We use the following cookies on the Site:

Non-essential Cookies – We may only store and access non-essential cookies on your device with your consent. You are not obliged to give consent to our use of non-essential cookies. Further, if you give your consent and then change your mind you can block them by changing your settings in our Cookie preference centre or changing your browser settings.

Essential Cookies – Please note that we do not need your consent to store and access essential cookies on your device, although you may be able to still block or delete them. If you block or delete those cookies, some aspects of our Sites may not work properly and you may not be able to access all or part of our Sites.

THIRD PARTY LINKS AND SERVICES

This Privacy Notice does not apply to your interaction with services provided by third parties.

This Site may include links to third-party websites, plug-ins and applications. Please remember that when you use a link to go from our Site to another website or you request a service from a third party, this Privacy Notice no longer applies. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

We keep our Privacy Notice under regular review. This version was last updated on 27 January 2023. Historic versions can be obtained by contacting us.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.