Privacy Notice
PRIVACY NOTICE
Prothena Capital Management Services Limited (the “AIFM”) is committed to protecting your personal data and complying with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable Cyprus data protection laws.This Privacy Policy explains how the Companyt collects, uses, shares and protects personal data when you visit our Website, interact with our services or communicate with us. By using our Website, you consent to the data practices described in this policy.
1. Personal Data We Collect
We may collect and process the following types of personal data:
- Information you provide voluntarily (e.g., via contact forms or email communications);
- Technical data collected automatically (e.g., IP address, browser type, device information);
- Data relating to the use of our Website (via cookies and similar technologies).
2. Legal Basis for Processing
We process personal data on the basis of:
- Legitimate interests (e.g., improving our services, ensuring website security);
- Compliance with legal obligations (e.g., regulatory reporting requirements e.g AML);
- Consent (e.g., for optional cookies or marketing communications, where applicable).
3. How We Use Your Data
Your personal data may be used for:
- Responding to your inquiries;
- Operating, maintaining, and improving our Website;
- Meeting legal, regulatory, or compliance obligations;
- Protecting our rights and the security of our systems.
4. Data Sharing
We may share personal data with:
- Regulatory authorities (e.g., CySEC, where legally required);
- Service providers who assist in the operation of the Website and IT infrastructure;
- Professional advisers (e.g., auditors, legal counsel) where necessary.
We do not sell or otherwise disclose personal data to third parties for commercial purposes.
5. Data Retention
We retain personal data only for as long as necessary to fulfil the purposes for which it was collected or to comply with legal and regulatory requirements.
6. Data Security
We implement appropriate technical and organisational measures to ensure the confidentiality, integrity, and availability of personal data.
7. Your Rights
Under the GDPR, you have the right to:
- Access your personal data;
- Request rectification of inaccurate data;
- Request erasure of your data (“right to be forgotten”);
- Object to or restrict processing;
- Data portability;
- Withdrawal of consent;
- Lodge a complaint with the Office of the Commissioner for Personal Data Protection (Cyprus).
Requests to exercise these rights should be submitted to compliance@prothenacapital.com.
8. International Data Transfers
Personal data may be transferred outside the European Economic Area (EEA) where necessary, subject to appropriate safeguards in compliance with GDPR requirements.
9. Updates to this Privacy Notice
We may amend this Privacy Notice from time to time. The latest version will always be available on this Website.
Cookies Policy
This Website uses cookies to enhance functionality, improve user experience, and analyse website traffic. By continuing to use this Website without adjusting your browser settings, you consent to the use of cookies as described below.
What Are Cookies?
Cookies are small text files that are placed on your device when you visit a website. They enable the website to recognise your device and store certain information about your preferences or past actions.
Types of Cookies Used
- Strictly Necessary Cookies: Required for the proper functioning of the Website (e.g., navigation, secure access to certain areas).
- Performance/Analytics Cookies: Collect anonymous data on how visitors use the Website to help us improve its performance.
- Functionality Cookies: Remember your preferences (e.g., language settings) to enhance user experience.
Third-Party Cookies
We may use third-party service providers (such as analytics providers) that set cookies on our behalf to help us understand usage patterns and improve our services.
Managing Cookies
You can manage or delete cookies through your browser settings. Please note that disabling cookies may affect the functionality of this Website.
Updates to this Cookie Policy
We may amend this Cookie Policy from time to time. Any updates will be posted on this page with the revised date.
For more information on how we process your personal data, please refer to our Privacy Notice.
SFDR Disclosures
Statements made in accordance to applicable provisions under Articles 3, 4 and 5 of the Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector (“Disclosure Regulation” or “SFDR”).
Integration of sustainability risks in investment decision‐making processes (Article 3 of SFDR)
Prothena Capital Management Services Limited (the “AIFM”) recognises that sustainability risks – defined as environmental, social or governance (“ESG”) event or condition which, if it occurs, could cause actual or potential material negative impact on the value of the investment – may affect the performance of its investment funds.
The AIFM integrates the consideration of sustainability risks into its investment decision-making process where relevant and proportionate, taking into account the strategy and asset class of the fund under management. Sustainability risks are considered as part of the AIFM’s overall risk management and due diligence processes.
The AIFM acknowledges that when sustainability risks occur, there may be negative impact on an assets value and therefore this could have a material impact on the Net Asset Value of the funds under management.
No consideration of sustainability adverse impact (Article 4 of SFDR)
Principal adverse impacts on sustainability factors refer to adverse impacts of investment decisions on sustainability factors that mean environmental, social and employee matters, respect for human rights, anti-corruption and anti-bribery matters.
In accordance with Article 4(1)(b) SFDR, the AIFM does not currently consider the principal adverse impacts (“PAIs”) of investment decisions on sustainability factors. This decision is based on the size of the AIFM, the scale and nature of its activities, and the limited availability of consistent and reliable data required for a robust assessment of PAIs.
The AIFM continues to monitor developments in market practice, data quality, and regulatory expectations and will reassess its position in due course. The AIFM may elect to consider PAIs in the future, in which case this website disclosure will be updated accordingly.
Remuneration policy and the integration of sustainability risks (Article 5 SFDR)
The AIFM has implemented a remuneration policy in line with the requirements of the Alternative Investment Fund Managers Directive (AIFMD). The policy is consistent with the integration of sustainability risks in that itvoids remuneration structures that could encourage excessive risk-taking inconsistent with ESG considerations and ensures that remuneration outcomes are linked to the long-term interests of investors and the sound management of the funds.
Complaints Handling Policy
1. Objective
The purpose of this policy is to establish a structured process for receiving, assessing, and resolving complaints submitted by investors or other stakeholders. This ensures compliance with the AIFMD (Directive 2011/61/EU), and the ESMA Guidelines on Complaints Handling for AIFMs.
2. Definition of a Complaint
A complaint is any written or verbal expression of dissatisfaction regarding the Company’s services, products, employees, or procedures, submitted by or on behalf of an investor, and requesting a resolution.
3. Submitting a Complaint
Complaints must be submitted via one of the following channels to the Company’s Complaint Officer:
P.O Box:
Prothena Capital Management Services Ltd
Stasinou 1, Mitsi Building 1, Office 204 (2nd Floor)
1060 Nicosia, Cyprus
Email: complaints@prothenacapital.com
The complaint must include:
– Full name and contact details of the complainant
– Nature and date of the complaint
– Relevant supporting documentation (if any)
4. Handling Procedure
- Acknowledgement: A written acknowledgment will be sent within 5 business days along with the unique reference number of your complaint. This complaint unique reference number should be used in all future contact with the Company, the Financial Ombudsman and/or CySEC regarding the specific complaint.
- Investigation: The complaint is reviewed impartially by the Complaints Officer, ensuring it is handled independently from the business unit involved.
- Resolution: A final response will be issued within two months of receipt. If the resolution takes longer, the complainant will be informed of the delay, provided with the reason, and will receive a reply within a maximum of three months from the date of the complaint.
- Outcome: The response will explain the outcome, justification, and any corrective measures proposed.
5. Record-Keeping
A dedicated Complaints Register is maintained by the Compliance Officer, recording:
– The nature and date of the complaint
– Steps taken and outcome
– Communication timeline
This register is made available for CySEC inspections and internal audit reviews.
6. Investor Rights
Submitting a complaint does not affect an investor’s legal rights. If unsatisfied with the resolution, investors may escalate the complaint to:
6.1 Cyprus Securities and Exchange Commission (CySEC)
You may maintain your complaint with the Cyprus Securities and Exchange Commission, however, please note that the Cyprus Securities and Exchange Commission does not have restitution powers and therefore does not investigate individual complaints.
Contact Details:
Website: http://www.cysec.gov.cy
General Email: info@cysec.gov.cy
Postal Address: P.O. BOX 24996, 1306 Nicosia, Cyprus
Telephone: +357 22506600
6.2 Cyprus Financial Ombudsman
Prior to submitting your complaint to the Financial Ombudsman of the Republic of Cyprus, check the Financial Ombudsman Law to verify whether you have the right or qualify to submit a complaint to the Financial Ombudsman.
Contact Details:
Website: http://www.financialombudsman.gov.cy
Email: complaints@financialombudsman.gov.cy
Postal Address: P.O. BOX 26722, 1647 Nicosia, Cyprus
Telephone: +357 22848900
Fax: +357 22660584, +357 22660118
6.3 Court procedure
If you do not want to accept a decision taken by the Financial Ombudsman, as a last resort, you can take your case to court. The usual practice is to file a civil action in the District Court.
7. Reporting
The Company is required to provide to the CySEC information regarding the complaints it receives via an electronic form to the Commission, on a monthly basis.
8. Review and Updates
This policy is reviewed annually by the Compliance Function and approved by the Board of Directors. Updates are made as needed to reflect regulatory changes or improvements in process.
The Company is required to provide to the CySEC information regarding the complaints it receives via an electronic form to the Commission, on a monthly basis.