1. General
This notice is provided for the benefit of natural persons with whom we interact in the course of conducting our business. This includes people who view our website or contact us, investors in funds managed by us, and all other persons with whom we interact in the course of our business (“you”). You may contact Kold Investments if you have any queries about this Notice – please see the contact details below.
2. Data Protection Terminology
Please note that Kold Investments is located within the EEA and as such is subject to the GDPR (as defined below), but if you are not resident in the EEA, there may be other laws in your country that are different. Other laws may use different or additional legal terms, or define the same terms differently. The terms listed below are intended to have the following meanings in this Notice:
- “adequacy decision” means a decision of the European Commission determining that a country outside the EEA ensures an adequate level of protection for personal data;
- “criminal offences data” means personal data about any actual or alleged criminal convictions or offences related security measures;
- “data controller” means the Kold Investments entity that decides how and why personal data is processed;
- “EEA” means the member states of the European Economic Area;
- “EU data protection laws” means all laws and regulations relating to the protection of personal data applicable in the EU, the EEA and, if outside the EU, the UK, including: the Data Protection Directive(95/46/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection (Processing of Sensitive Personal Data) Order 2000, Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data(“GDPR”), and any other applicable legal requirement concerning the protection and processing of personal data;
- “personal data” means information from which it is possible to identify a natural person (an individual), or information from which any individual is identifiable;
- “processing” means anything that is done with personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- “processor” means the person or entity that processes personal data on behalf of a data controller; and
- “sensitive personal data” means personal data about an individual’s race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, criminal offences or any other information that may be deemed to be sensitive under applicable law.
3. Who controls the data we collect?
The executive management of Kold Investments is a data controller.
4. From whom do we collect personal data?
We collect your personal data from a variety of sources:
- when you provide it to us, e.g., in telephone conversations, in voicemails, through written correspondence or via e-mail;
- when you engage in business with us, e.g., requesting treatment as a professional investor advised by us;
- when you visit our website, including any registration information or information captured via “cookies”;
- when it is available in the public domain, e.g., on the internet, in books, journals, magazines, news reports, in public directories, registries, or any other source available to the public.
5. What data do we collect?
The types of personal data we collect may depend on the nature of your relationship with Kold Investments.
With respect to an inquiry initiated by you, by email, telephone, or other correspondence, we may store:
- Your name, address, email address, telephone number, information regarding your interest, and our correspondence.
With respect to clients advised by us, we may additionally collect information required by law to determine your status as a professional investor.
With respect to individuals interviewed as part of investment research, we may store your name, the date of our conversation, and our notes from such conversations in our research management system.
With respect to individuals or entities that have actively requested to receive our investor letters and are deemed appropriate to receive such by law, we may store your email address, your name, and proof of your inquiry to receive our investor letters.
We are required to keep all accounting records according to bogføringsloven. This means that we store invoices and similar documents for accounting purposes. These may contain personal information such as name, address, and service description. Our legal basis for processing personal data for accounting purposes is databeskyttelsesforordningens artikel 6, stk.1 litra. We retain this information for a minimum of 5 years after the current financial year has ended.
If you have submitted an unsolicited job application, we will immediately assess whether your application is relevant, and then delete your information if there is no match.
We will only process sensitive personal data, to the extent required by law, and then only with your express consent.
6. Why do we collect personal data?
Kold Investments needs to collect your data to comply with laws and regulations. Depending on the nature of your data and your relationship with Kold Investments, this varies
When you contact us, we may record that you initiated the inquiry and what information you requested. We do this to document how the relationship was initiated and to comply with applicable legal and regulatory requirements
When you are a direct client of Kold Investment or an investor in a fund advised by Kold Investments, we need to administer our relationship with you to ensure that you receive proper service and reporting. To do so, we store all email correspondence. In some cases, we may store notes from meetings to maintain a satisfactory service level of our ongoing communication, advice, and service level.
When you are a direct client of Kold Investment, we collect certain data required by law to determine your status as a professional investor, as required by law. A failure to provide the personal data requested to fulfill the purposes described in this Notice may result in Kold Investments being unable to provide the requested services to you.
When you are an industry expert, or an individual that we interview as part of our investment research, we store your name and notes of our conversation. We do so to identify and evaluate investment opportunities that we advise our clients about. You can always request that we anonymize such conversations.
7. Recipients of the data
Kold Investments may share personal data with regulatory bodies having competent jurisdiction over them, as well as with the tax authorities, auditors and tax advisers (where necessary or required by law).
When potential investors who contact Kold Investments (without any direct solicitation from the company or its representatives) inquiring about investing in funds advised by Kold Investments or with asset managers advised by Kold Investments, Kold Investments may, with your explicit consent, share such information with the respective fund administrator or asset manager.
8. Transfer of data to a third country
Data is stored in cloud services of Apple, Microsoft and Notion, which to our knowledge is not transferred outside the European Economic Area.
9. Retention and security of personal data
We employ appropriate technical and organisational measures to protect personal data within our control against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of processing.
Personal data may be kept for as long as it is required for legitimate business purposes, to perform contractual obligations, or where longer, such longer period as is required by applicable legal or regulatory obligations or for any applicable limitation period under applicable law. Personal data will be retained throughout the life cycle of any investment advisory relationship, however no longer than necessary with regard to the purpose of the investor’s relationship with Kold Investments. Some personal data will be retained after a data subject ceases to be a client of Kold Investments.
10. Data Subject Rights
You have the right:
- to request access to, or copies of, your data;
- to request rectification of your personal data;
- to request that the processing of your data is restricted;
- to request erasure of your personal data;
- to exercise your right to data portability;
- where we rely on your consent to process data, to withdraw your consent; and
- the right not to be subject to automated decision-making.
Please note that Kold Investments does not use automated decision-making. The right to erasure is not absolute and it may not always be possible to erase personal data on request, including where the personal data must be retained to comply with a legal obligation. Erasure of the personal data requested to fulfil the purposes described in this Notice, may result in the inability to provide the services to the investor.
11. Complaints
If you have any concerns about the way in which Kold Investments uses your personal data, please contact us by email at info@koldinvestments.dk. If you want to complain, you may also contact the data protection authority. You can find the contact information for the Danish Data Protection Agency at www.datatilsynet.dk.
