Your privacy is very important to us. This notice (this “Privacy Notice”) is provided by the Management Company on behalf of itself and its affiliates including the funds and accounts sponsored by the Management Company (the “Funds”, and together with the Management Company, “we” or “us”), and sets forth the policies of the Management Company and the Funds for the collection, use, storage, sharing, disclosure (collectively, “processing”) and protection of personal data relating to current, prospective and former investors in the Funds, as applicable. This Privacy Notice is being provided in accordance with the requirements of data privacy laws, including the California Consumer Privacy Act (the “CCPA”), EU General Data Protection Regulation 2016/679 (“GDPR”), Regulation S-P, adopted by the U.S. Securities and Exchange Commission, the Data Protection Law, 2017 of the Cayman Islands (the “DPL”) or any other law relating to privacy or the processing of personal data and any statutory instrument, order, rule or regulation implemented thereunder, each as applicable to the Management Company and the Funds (collectively, “Data Protection Law”). References to “you” or an “investor” in this Privacy Notice mean any investor who is an individual, or any individual connected with an investor who is a legal person (each such individual, a “data subject”), as applicable. As used herein, the terms “personal data” and “personal information” include personal information as defined in the CCPA.
The types of personal data we may collect and use
The categories of personal data we may collect include names, residential addresses or other contact details, signature, nationality, tax identification number, date of birth, place of birth, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, source of funds details or other sensitive information, such as certain special categories of data contained in the relevant materials or documents.
How we collect personal data
We may collect personal data about you through: (1) information provided directly to us by you, or another person on your behalf; (2) information that we obtain in relation to any transactions between you and us; and (3) recording and monitoring of electronic communications with you.
We also may receive your personal information from third parties or other sources, such as our affiliates, the Fund’s administrators, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies, or other publicly accessible sources, such as the Internet.
Using your personal data: the legal basis and purposes
We may process your personal data for the purposes of administering the relationship between you and us (including communications and reporting), direct marketing of our products and services, monitoring and analysing our activities, and complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities with competent jurisdiction over our business). Your personal data will be processed in accordance with Data Protection Law and may be processed with your consent, upon your instruction, or for any of the purposes set out herein, including where we or a third-party consider there to be any other lawful purpose to do so.
Where personal data is required to satisfy a statutory obligation (including compliance with applicable anti-money laundering or sanctions requirements) or a contractual requirement, failure to provide such information may result in your subscription in the applicable Fund being rejected or compulsorily redeemed or withdrawn, as applicable. Where there is suspicion of unlawful activity, failure to provide personal data may result in the submission of a report to the relevant law enforcement agency or supervisory authority.
How we may share your personal data
We may disclose information about you to our affiliates or third parties, including the Funds’ administrators, prime brokers, custodians and executing brokers and trading counterparties for our everyday business purposes, such as to facilitate transactions, maintain your account(s) or respond to court orders and legal investigations. It may also be necessary, under anti-money laundering, FATCA/CRS and similar laws, to disclose information about the Funds’ investors in order to accept subscriptions from them or to facilitate the establishment of trading or investment relationships with executing brokers or other trading or investment counterparties. We will also release information about you if you direct us to do so.
We may share your information with our affiliates for direct marketing purposes, such as offers of products and services to you by us or our affiliates. You may prevent this type of sharing by contacting us at (203) 987-6120. If you are a new investor, we can begin sharing your information with our affiliates for direct marketing purposes 30 days from the date we sent this Privacy Notice. When you are no longer our investor, we may continue to share your information with our affiliates for such purposes. We may also disclose information about your transactions and experiences with us to our affiliates for their everyday business purposes.
In certain circumstances we may be legally obliged to share personal data relating to and other information with respect to the personal data of an investor in a Fund domiciled in the Cayman Islands with the relevant regulatory authorities such as the Cayman Islands Monetary Authority or the Tax Information Authority. They, in turn, may exchange this information with foreign authorities, including tax authorities.
We may disclose information you provide to us to companies that perform marketing services on our behalf, such as any placement agent retained by the Funds.
Retention periods and security measures
We will not retain personal data for longer than is necessary in relation to the purpose for which it is collected, subject to Data Protection Law. Personal data will be retained for the duration of your investment in a Fund, as applicable, and for a minimum period of five to seven years after a transfer or withdrawal, as applicable, of an investment from a Fund, as applicable, or liquidation of a Fund. We may retain personal data for a longer period for the purpose of marketing our products and services or compliance with applicable law. From time to time, we will review the purpose for which personal data has been collected and decide whether to retain it or to delete if it no longer serves any purpose to us.
To protect your personal information from unauthorized access and use, we apply organizational and technical security measures in accordance with Data Protection Law. These measures include computer safeguards and secured files and buildings. We will notify you of any material personal data breaches affecting you in accordance with the requirements of Data Protection Law.
Because of the international nature of a fund management business, personal data may be transferred to countries outside the European Economic Area (the “EEA”) (such countries, the “Third Countries”), such as to jurisdictions where we conduct business or have a service provider, including countries that may not have the same level of data protection as that afforded by the Data Protection Law in the EEA. In such cases, we will process personal data (or procure that it be processed) in the Third Countries in accordance with the requirements of the Data Protection Law, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf in such Third Countries. Any transfer of personal data outside the Cayman Islands shall be in accordance with the DPL and may include the foregoing measures.
Automated Decision Making
We do not use automated processing, including profiling, to make decisions that will have either legal or material effects on the individuals from whom we collect and process personal identifiable information (“PII”).
Your rights under Data Protection Law
Data subjects in the EEA have certain rights under GDPR in relation to our processing of their personal data and these are, generally:
- the right to request access to your personal data.
- the right to request rectification of your personal data.
- the right to request erasure of your personal data (the “right to be forgotten”).
- the right to restrict our processing or use of personal data.
- the right to object to our processing or use where we have considered this to be necessary for our legitimate interests (such as in the case of direct marketing activities).
- where relevant, the right to request the portability.
- where your consent to processing has been obtained, the right to withdraw your consent at any time; and
- the right to lodge a complaint with a supervisory authority. You should note that your right to be forgotten that applies in certain circumstances under GDPR is not likely to be available in respect of the personal data we hold, given the purpose for which we collect such data, as described above. Investors in our Cayman Islands Funds have broadly analogous rights under the DPL.
You may contact us at any time to limit our sharing of your personal information. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account. US state laws may give you additional rights to limit sharing.
Additional Information for California Individuals
You may request the specific pieces of personal information we have collected from you or request that we delete the personal information that we have collected from you by contacting us as set forth in the “Who to contact about this Privacy Notice” section below. In order to comply with your request, you may need to provide us with personal information and other information to verify your identity and the nature of your request. Please note that in some circumstances, we may not be able to fully comply with your request, for example, if we are required to retain certain information about you to comply with applicable laws and regulations or if the information is necessary in order for us to provide the services you requested. In particular, we, and our collection and processing of your personal information, may be governed by laws and regulations on anti-money laundering, fraud prevention, taxation and financial services.
We follow the requirements of California Civil Code §1798.125 and will not discriminate against any consumer who exercises the rights set forth in this privacy notice. We will not deny you access to our services, or provide you a lower quality of services, if you exercise your rights under the CCPA.
You have the right to appoint an authorized agent to exercise your rights on your behalf. If you would like to do so, please contact our Compliance Department.
For consumers with disabilities who need to access this policy in an alternative format, please contact our Compliance Department.
Who to contact about this Privacy Notice
Please contact our Compliance Department at firstname.lastname@example.org (203) 987-6120 or by writing to the following address, 325 Greenwich Avenue, 3rd Floor, Greenwich, CT 06830 for any questions about this Privacy Notice or requests with regards to the personal data we hold.
For more specific information or requests in relation to the processing of personal data by the administrators, the prime brokers, the custodians or any other service provider of the Funds, you may also contact the relevant service provider directly at the address specified in the relevant offering documents or by visiting their websites.
Changes to this Privacy Notice
From time to time we may update this privacy notice. If revisions are made to the privacy notice, we will update the statement with a new revision date.
1 As used herein, “affiliate” means an entity that controls, is controlled by, or is under common control with another entity.
Rev. December 2020