Interpath (Cayman) Limited (trading as Interpath Advisory) values your privacy and applies relevant data protection legislation.
This notice sets out the principles upon which we receive and process a data subject’s personal data both in the day to day operations of Interpath (Cayman) Limited and in relation to our insolvency and restructuring appointments.
Should you have any queries relating to privacy issues either in relation to Interpath (Cayman) Limited itself, or an entity to which one of our officeholders is appointed, please contact us in writing:
The Data Controller
The Data Controller is Interpath (Cayman) Limited.
Where one of our officeholders is appointed to a company, data may be held and generated by Interpath (Cayman) Limited as part of that appointment.
Our officeholders may also be considered Data Controllers in relation to the entity to which they are appointed.
How we use your personal information
Where advice is given by Interpath (Cayman) Limited outside of a formal appointment or process, the purpose of processing personal data is to consider that information to provide appropriate advice.
Our officeholders could be appointed through a variety of processes pursuant to the laws and regulations of the relevant jurisdiction. They may act as liquidators to both solvent and insolvent entities, as receivers, scheme supervisors, controllers or directors. They may be appointed by the entity, its shareholders, creditors, regulators or by the Court.
The purpose of the processing is dependent on the nature of the assignment and is to enable the officeholder to meet their legal, statutory and regulatory obligations and other duties, including:
Interpath (Cayman) Limited also processes personal data in its day to day business operations, including:
The legal basis for the processing
Personal data may only be processed if the purpose satisfies one of the conditions under the data protection legislation.
The applicable legal bases for Interpath (Cayman) Limited’s data processing are:
Some categories of data, referred to as “sensitive personal data”, are considered to require extra protection. Sensitive personal data will only be processed when the data subject has given their express consent, or subject to the following legal conditions:
The legitimate interest of processing
Where personal data in relation to a business enquiry or assignment is based on a legitimate interest, it relates to the legitimate interest of Interpath (Cayman) Limited to provide its services and meet the legal and regulatory obligations conferred upon an officeholder.
Processing may also be done in the legitimate interests of third parties, such as the company’s estate, its creditors and shareholders, by processing personal data to detect fraud, maximise realisations and process distributions.
Where Interpath (Cayman) Limited processes data relating to its clients for marketing purposes and interested parties for sale of an entity’s assets or pursuing funding arrangements, it does so in the legitimate interests of its business or the entity’s estate.
When processing personal data on this basis, the legitimate interest of the Data Controller and/or third parties will be balanced against the individual data subject’s rights and interests.
The categories of data obtained
The categories of data obtained will depend on the circumstances for which the data is processed and may include the following:
Use of cookies
Interpath (Cayman) Limited’s website Interpath Navigate what's next. (interpathadvisory.com) (our Website) uses cookies, which are small data files stored on the hard drive of a user’s computer or device. Cookies may include a unique identifier but are otherwise anonymous and will not contain any personal data, such as your name or email address.
You can manage the use of cookies through your personal browser settings.
Our Website may include integrated content or links to content provided by third parties.
The source of the data
We may obtain personal data directly from you, either in response to a direct request for information, or volunteered by you in communications with our staff or through our Website.
During an assignment, we may have been provided with personal data from several third-party sources. Data is often obtained from the books and records held by an entity prior to the appointment of the officeholder. Other sources may include an entity’s legal advisors, auditors, registered agents, investment managers, custodians or other third-party service providers.
Who we share your data with
Interpath (Cayman) Limited will only share your personal data with other parties where it is necessary to achieve the lawful purpose of the processing.
Interpath (Cayman) Limited’s internal drives are accessible by staff working in the Cayman Islands and the British Virgin Islands. Interpath (Cayman) Limited uses third parties to provide, run and manage our internal IT systems. For example, providers of information technology, cloud-based service providers, website hosting and management, data back-up, security and storage services.
Depending on the circumstances of a case, data may also be shared with the following third parties, to assist in the provision of our services:
We do not sell, rent, or otherwise share personal information that reasonably identifies you or your organisation with unaffiliated entities for their independent use except as expressly described in this Notice or with your prior permission. We may share information that does not reasonably identify you or your organisation as permitted by applicable law.
International transfer of data
Interpath (Cayman) Limited’s offices are in the Cayman Islands and the British Virgin Islands.
Given the international reach of Interpath (Cayman) Limited’s assignments, personal data may be transferred, accessed and stored internationally in order to fulfil the purpose of the processing.
In these circumstances, the Data Controllers will ensure that the country or territory to which the personal data is transferred ensures an adequate level of protection to the rights of a Data Subject in the processing of their data or that appropriate safeguards are put in place.
You can obtain more details of the protection given to your personal data when it is transferred outside the Cayman Islands including a copy of any standard data protection clauses, where applicable, entered into with recipients of your personal data, by contacting Interpath (Cayman) Limited directly.
Retention period of the data
The period of retention of the data is dependent upon the reason for processing and the nature and duration of the assignment. Personal data will be deleted or destroyed where it has been identified that there is no longer a need to retain it, or, where we have relied on your consent to keep your personal data, once you withdraw your consent for us to do so, or under any legal or contractual requirement.
Protection and storage of the information we collect
We deploy administrative, technical and physical safeguards designed to comply with applicable legal requirements and to safeguard the information that we collect. This includes, when required or appropriate and feasible, obtaining written assurances from third parties that may access your data that they will protect the data with safeguards designed to provide a level of protection equivalent to that adopted by Interpath (Cayman) Limited.
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 required to do so in accordance with applicable legal procedures.
No information system can be 100% secure. We cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the internet and wireless networks.
We may store the information we collect in on our servers (both cloud based or in servers located in secure data centres in countries where we or our service providers have facilities). Therefore, we may transfer information to countries outside your country of residence which may have data protection laws and regulations that differ from those in your country.
Your rights
The rights of individuals under the relevant data protection laws are:
Individuals should be aware that these rights are not necessarily absolute and there may be circumstances where Interpath (Cayman) Limited is unable to comply with a request made pursuant to these rights.
You can exercise your rights by contacting Interpath (Cayman) Limited using the details set out above. You can also find out more information about your rights under applicable data regulators in the Cayman Islands (details below).
Automated decision making
Automated decision making is where a decision, taken by or on behalf of the Data Controller, significantly effects the data subject and is based solely on the processing by automatic means of the data subject’s personal data. For example, for the purpose of evaluating the data subject’s creditworthiness, reliability, conduct or other matters relating to the data subject.
Interpath (Cayman) Limited does not currently use automatic decision making when processing personal data.
Right to make a complaint
Interpath (Cayman) Limited will work with you in order to resolve any issues or queries you may have in relation to the processing of your personal data. However, if you are dissatisfied with Interpath (Cayman) Limited’s response to a request, you may make a complaint to the relevant authority:
Cayman Islands Ombudsman
Physical address: 5th Floor, Anderson Square, 64 Shedden Road, George Town, Grand Cayman
Mail: PO Box 2252, Grand Cayman KY1-1107, Cayman Islands
Email: [email protected]
Call: +1 345 946 6283
Website: www.ombudsman.ky
Changes to this Notice
We may update this Notice from time to time and we encourage you to periodically review this Notice. The use of certain of our services may also be governed by other applicable terms and policies regarding privacy and the sharing of personal information, which supplement, and should be reviewed alongside, this Notice.
If we make any material changes to this Notice regarding the way we collect, use, and/or share the personal information that you have provided and we hold your email or other contact information, we will notify you by email or other communication.
Last updated: 15 February 2024