Privacy Notice for Residents of the European Union (“EU”)
This notice relates to the processing of personal data of
natural persons who reside in the European Union (the “Data Subjects”),
as that term is defined under the EU General Data Protection Regulation 2016/679 (“GDPR”), by NAV Consulting, Inc. and its affiliates NAV Fund Services (Cayman) Ltd. and Back Office IT Solutions, Pvt. Ltd. (each, and collectively, “NAV”).
The purpose of this notice is to inform Data Subjects why, what, and how NAV handles their personal information.
Who’s Personal Data NAV Processes?
NAV may process your personal data if you fall under one of the following categories of Data Subjects:
Website Visitors and Users.
You are visiting and/or using NAV’s website
Connected Persons of NAV’s Clients.
You are an individual connected with the entity who entered into an agreement with NAV for the provision of services (“Client”) in one of the following ways:
You control a Client of NAV through ownership or vested executive powers or authority;
You are employed by or act as an agent or representative, either directly or indirectly of a Client of NAV;
You are employed by or act as an agent or representative, either directly or indirectly of a service provider of a Client of NAV and NAV interacts with you in connection with its provision of services to the Client; or
You are not in one of the above categories, but you interact with NAV in connection with NAV’s provision of the services to the Client.
Investors and Connected Persons of Investors.
You are an investor (partner, member or shareholder) of a Client of NAV or you are connected with such an investor in the following way:
You control a legal entity investor through ownership or vested executive powers or authority;
You are employed by or act as an agent or representative, either directly or indirectly of investor;
You are employed by or act as an agent or representative, either directly or indirectly of a service provider of Investor and NAV interacts with you at the investor’s instruction; or
You are not in one of the above categories, but you interact with NAV in connection with investor’s investment in the Client.
How Does NAV Obtain Data Subject’s Personal Data?
If you are a Data Subject by virtue of visiting or using our website, please visit
for an explanation on how your personal data is obtained.
If you are a Connected Person of a Client of NAV, an Investor, or a Connected Person of an investor, you may have provided your personal information to us or we may have received your personal data from our Client.
Why Does NAV Process Personal Data?
The following are the purposes and lawful basis for NAV’s processing of personal data.
Compliance with Legal Requirements.
NAV’s Clients are subject to the regulation and oversight of many regulatory authorities in various jurisdictions. They may be required to process personal data in order to comply with U.S. federal and state and other jurisdictions securities laws, tax laws, anti-money laundering laws and regulations, international treaties and agreements. NAV provides services to its Clients that support and facilitate Clients’ efforts to comply with these legal requirements. NAV is also subject to regulation and oversight of regulatory authorities and processes personal data in order to comply with applicable legal requirements.
Performance of Contractual Obligations.
If you are a Data Subject who is an investor in a Client of NAV, you have entered into an agreement with such Client. Your personal data is processed in connection with Client’s performance of its obligations under said agreement. Such processing is performed by NAV for the Client, per Client’s instruction, as part of the services that NAV provides to the Client and in accordance with the terms of the agreement between NAV and the Client.
NAV may be processing personal data because you consented to such processing either by using NAV’s website or by signing an agreement with NAV or with NAV’s Client. Personal data processed pursuant to your consent may be used in connection with the operation of NAV’s website, or to fulfil the purpose for which the personal data was provided to us, such as to respond to your inquiry about the services or to perform and manage the services we provide.
What Personal Data Do We Process?
The information we process in connection with the use of our website is described at
Personal data that NAV processes in connection with the performance of services to its Clients includes:
This may include mailing and postal address, emails address, and a phone number.
Information and documentation maintained to comply with anti-money laundering, tax reporting and similar laws and regulations.
Other Information Necessary to Perform Services.
NAV may have to maintain other records such as banking information and transaction history.
Who are the Recipients of your Personal Data? Where your Personal Data May Be Transferred?
NAV may transfer your Personal Data to third parties, where authorized by the Client under the agreement between NAV and the Client. Authorized transfers under the agreement may include: transfers necessary in connection with the performance of the services, such as to other service providers of Client or NAV; or transfers which are legally required, such as transfers to regulators. NAV may also transfer your personal data upon written instructions of the Client. In addition, NAV transfers your personal data to its affiliates in the course of performance of the services. NAV affiliates are located in the United States, Cayman Islands and India. Your personal data may be transferred to any of these jurisdictions.
How Does NAV Assure Security of Personal Data?
NAV is committed to protecting the security and integrity of Personal Data. In pursuit of our commitment, we have in place commercially reasonable safeguards and controls to ensure that any Personal Data collected is protected against unauthorized access, disclosure, alteration and destruction. NAV has adopted, implemented and adheres to an Information Security and Risk Management Policy (“ISRM Policy”). NAV’s ISRM Policy: defines which employees have access to the nonpublic personal information; describes the safeguards and controls used to protect personal data; and describes the administrative, electronic and technical security measures in place.
What Are Data Subject’s Rights with Respect to Personal Data?
Right to Be Informed.
Data Subjects have the right to be informed about personal data we collect and how this data is used.
Right to Access and Portability.
Data Subjects have the right to obtain a confirmation whether we are processing their personal data and to obtain copies of their personal data or to request that we forward such copies to another person.
Right to Rectification.
Data Subjects have the right to make a request to correct any inaccuracy or incompleteness of their personal data.
Right to Erasure.
Data Subjects have the right to make a request to delete their personal data.
Right to Restrict Processing.
Data Subjects have the right to ask us to restrict the processing of their personal data for a period when the accuracy of the data is verified, or if they think that the processing is unwarranted.
Right to Object.
Data Subjects have a right to object to processing of their personal data in certain circumstances, such as, when the data is used for marketing.
Right to Withdraw Consent.
If a Data Subject has given consent to the processing of personal data, Data Subject has the right to withdraw the consent at any time.
Right to Lodge a Complaint.
Data Subjects have a right to lodge a complaint with a supervisory authority, in the EU state of their residence, place of work or place of the alleged infringement if they consider that the processing of personal data infringes GDPR.
The rights enumerated above are subject to certain conditions and exemptions. Where such conditions or exemptions apply, we have a right not to comply with the request. Additionally, while in most circumstance requests based on the above listed rights shall be fulfilled free of charge, NAV is allowed and may charge fees to fulfill the request.
How Long Does NAV Maintain Your Personal Data?
NAV may retain your personal data indefinitely for recordkeeping and as a result of routine system backup processes. NAV may be required under various laws and regulations to maintain certain personal data for a mandated time period.
How to Contact the Person Responsible for Proper Processing of Your Personal Data?
If you are a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, the person who is responsible for the proper handling of your personal data, known as the data controller, is the Client. Please review respective Client’s offering documents for the contact information relating to GDPR inquiries.
Alternatively, you can send your inquiry to us at
and we will link you with the appropriate party at the Client’s side.
If you are not a Connected Person of an NAV Client or an Investor or a Connected Person of an Investor, but you are a visitor to our website, please refer to our
for the relevant contact information.
Privacy Notice for Residents of the European Union (“EU”)
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