Privacy Notice[1]
GREENBELT CAPITAL MANAGEMENT L.P.
Advisory Affiliates and Related Persons
Our Commitment to Your Privacy: Greenbelt Capital Management L.P., a Delaware limited partnership and its advisory and management affiliates, related funds, portfolio companies or other persons, and, in each case, their respective affiliates (collectively the “Firm,” “we,” “us” or “our”) are committed to responsibly handling personal information that we collect or otherwise process regarding our investors[2] (“investor,” “you” or “your”). We are sensitive to the privacy concerns of our individual limited partners and clients. We have a longstanding policy of protecting the confidentiality and security of information we collect about you. We are providing you this notice to help you better understand why and how we collect certain personal information, the care with which we treat that information, and how we use that information.
Sources of Non-Public Information: In connection with forming and operating our private investment funds (or “funds”) and/or performing asset management services for our investors and clients, we collect and maintain non-public personal information from the following sources:
Information we receive from you in conversations over the telephone, in voicemails, through written correspondence, via email and other electronic communications, or on subscription agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification and verification documentation),
Information about your transactions with us or others, and
Information captured on our website, fund data room and/or investor reporting portal (as applicable), including registration information, information provided through online forms and any information captured via “cookies.”
The Firm may also collect or receive personal information about an investor from third parties such as service providers to the Firm’s sponsored funds, investor advisors (including independent financial advisors), Firm vendors and publicly available sources including from: (i) publicly available and accessible directories and sources, such as company websites; (ii) bankruptcy registers; (iii) tax authorities; (iv) governmental and competent regulatory authorities to whom we have regulatory obligations; (v) credit agencies; and (vi) fraud prevention and detection agencies and organizations.
Categories of Personal Information: The personal information we collect and process about an investor in the course of the investor’s interaction and correspondence with the Firm and its representatives includes, but is not limited to, the following:
basic personal details, including the investor’s name and address (and proof of name and address), email address, telephone number, any other contact details which an investor may supply, social security number, tax details, nationality, citizenship, residency (including tax residency), date of birth, place of birth, and family connections;
information regarding an investor’s status under various laws and regulations, including social security number and tax details;
details of an investor’s directors, shareholders, secretaries, authorized signatories and other comparable officers and/or beneficiaries, and identification (including passport and drivers’ license) and verification documents;
financial information, including, for example, banking and transaction details;
information regarding your use of our website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history);
information regarding the investor’s sources of funds and/or assets income and/or financial dealings;
personal characteristics, histories, and associations data, including, for example, signature, physical characteristics or description, and lifestyle and social preferences;
information regarding a potential investor’s interest in the applicable funds, including ownership percentage, capital investment, income and losses;
anti-money laundering, identification (including passport and drivers’ license) and verification documentation;
source of funds used to make the investment in the applicable funds;
details of business advisers an investor may employ or engage, including wealth managers and independent financial and tax advisers;
records of all communications, including recordings of an investor’s attendance (or their representative’s attendance) at certain meetings/phone calls, and electronic communications with Firm staff and meeting notes;
account data and other information contained in any document provided by investors to us (whether directly or indirectly);
information regarding the use of any of our websites, data rooms and portals;
risk tolerance, transaction history, investment experience and investment activity;
information regarding an investor’s stake or interest in any fund, partnership or related vehicle, including ownership percentage, capital commitment, income and losses and any other confidential information relating to an investor; and
other information collected or received from third parties, which may include: (i) details of any complaints made by you with respect to your dealings with our service providers; (ii) data received from due diligence activities (such as anti-money laundering, politically exposed persons and sanctions checks); and (ii) fraud inquiries (for example, information from police or other law enforcement agency reports).
We may, in certain circumstances, combine personal information received from an investor with other information collected from or about such investor. This will include information collected in an online or offline context. In addition, personal information of investors could be processed and controlled irrespective of whether such investor is admitted to a fund, partnership or other related vehicle.
A failure to provide the personal information requested to fulfill the purposes described herein or elsewhere may result in the Firm being unable to provide the products or services in connection with any transactions or agreements (including partnership agreements and/or the subscription agreements).
Use of Information Collected: The Firm processes the personal information for the following purposes:
to provide the investor with services that such investor has requested and to fulfill the Firm’s contractual and legal obligations, including: (i) any contractual obligations on the general partner(s) and/or the investment advisor to a fund in which the investor has subscribed pursuant to any partnership agreement and/or subscription agreement; and (ii) all legal obligations in connection with applicable anti-money laundering, know-your-customer and other related laws and regulations;
for the administrative processes (and related communication) carried out by the Firm in preparing for the admission of investors to the applicable fund, partnership, or other related vehicle;
for ongoing communication with investors, their representatives, advisors and agents (including the negotiation, preparation, and execution of documentation) during the process of admitting investors to the any funds, partnerships or other related vehicle;
for the ongoing administrative, accounting, reporting and other processes and communications required to operate our business (including any websites, data rooms and portals) in accordance with any partnership agreement, subscription agreement and other applicable documentation between the parties;
to facilitate the execution, continuation or termination of the contractual relationship between you and the any of us;
to facilitate the transfer of funds, and administering and facilitating any other transaction, between you and any of us;
to enable any actual or proposed assignee or transferee, participant or sub-participant of any funds’, partnerships’, or other related vehicle’s rights or obligations to evaluate proposed transactions;
to facilitate business asset transactions involving any funds, partnerships or other related vehicles;
to keep investors informed about our business generally, including offering opportunities to make other investments;
for the Firm’s internal business administration and record keeping purposes;
for legal and regulatory compliance purposes, including as necessary to respond to governmental, regulatory or law enforcement agency requests;
where required or considered appropriate, including prior to admitting an investor to a fund, partnership or related vehicle prior to accepting capital contributions or making a capital distribution, carrying out “know-your-client” (KYC) checks and other procedures that the Firm undertakes in the course of the Firm’s ongoing business relationship with such investor; and/or
any other purpose for which notice has been provided, or has been agreed to, in writing.
The Firm generally does not send marketing messages; however, from time to time, the Firm will provide investors with information on our other sponsored funds, partnerships or related vehicles that we may be raising which you may be interested in, in accordance with applicable law. You have the right to ask us not to send you marketing messages by post, telephone or e-mail or any combination of these at any time; however you acknowledge that such information may be included in general update letters and while you may choose not to receive such updates, we are under no obligation to provide redacted versions of such letters or otherwise create separate reports on your behalf excluding such marketing information. You can also let us know at any time that you wish to change your mind and to start receiving such messages. You can do this by replying directly to the marketing message or at any time by emailing us at ir@gbcp.com.
Disclosure of Information: The Firm may disclose any of the categories of personal information set out in the “Categories of Personal Information” section above as permitted or required by law or regulation and to affiliates and service providers, including but not limited to:
Firm vendors and other persons needed to operate the Firm and any funds, partnerships, or related vehicles associated with such investor, including, but not limited to: (i) legal counsel; (ii) accountants; (iii) audit firms; (iv) banks; (v) administrators; (vi) tax consultants; (vii) tax preparers; (viii) placement agents; (ix) financial advisors; (x) broker-dealers; (xi) transfer agents; (xii) custodians; and (xiii) persons or entities that are assessing our compliance with industry standards;
law enforcement agencies and regulators, government agencies or departments or competent authorities of the U.S. (including the U.S. Securities and Exchange Commission) or of other applicable countries with whom we and any funds, partnerships, or related vehicles transact and request or require such information in order to issue business or regulatory licenses or permits or where we are under a duty to disclose or share your personal information in order to comply with any legal or regulatory obligation, or if we reasonably consider that this is necessary to help prevent or detect fraud or other crime or to protect our rights, property, or safety, or that of our clients, investors or others. Such disclosure (including tax status, identity or residency or other personal or payment information, documents or self- certifications) may be made directly to such regulators or competent authorities or made indirectly to our advisers or service providers who may make such filings or disclosures on our behalf;
third parties with whom we and any and funds, partnerships or related vehicles transact who require information to comply with local anti-money laundering laws, including banks and other financing counterparties;
if we are under a duty to disclose or share your personal information with tax authorities, such information requested by such tax authorities, who may transfer such information to the government or the tax authorities in another country where you may be subject to tax. Such disclosure may be made directly to such regulators or competent authorities or made indirectly to our advisers or service providers who may make such filings or disclosures on our behalf;
subject to any contractual confidentiality obligations, we may disclose investor names, participation on any limited partner advisory committee, jurisdiction of the investor and/or commitment size to other limited partners or prospective or actual investors; and
if you use a financial or other adviser (as indicated on your subscription agreement or other related documents or communicated to us), the details of your investments and valuations may also be provided to such adviser(s).
We do not sell or offer to sell any personal information about our investors or former investors to third parties. We monitor communications where the law requires us to do so. We also monitor communications, where required to do so, to comply with regulatory rules and practices and, where permitted to do so, to protect our respective businesses and the security of our respective systems. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties
Former Investors and Clients: We maintain non-public personal information of our former investors and clients and apply the same policies that apply to current investors and clients.
Information Security: The Firm acknowledges that the personal information you provide may be confidential and we maintain policies and procedures designed to maintain the confidentiality of and protect your personal information in accordance with our normal procedures and all applicable laws. The Firm maintains physical, electronic, and procedural safeguards designed to comply with U.S. federal regulations and other applicable laws, safeguard an investor’s personal information, and prevent unauthorized access thereto.
The Firm restricts access to personal information about investors to solely those employees and representatives who need to know that information to provide products or services to that investor or otherwise in accordance with this Privacy Notice. When personal information about investors is disclosed to non-affiliated third parties, our practice is to enter into contractual agreements, or otherwise take appropriate steps to ensure that such non-affiliated third parties have privacy policies or obligations in place, intended to protect the confidentiality of such information and to restrict such third parties from using such information other than to carry out the purposes for which we disclose such information or as otherwise required by applicable laws.
Unfortunately, the storage and transmission of electronic information is not completely secure. Although we strive to protect your personal information, for example by encrypting our outgoing email communications, we cannot guarantee the security of information stored on our or our vendors’ servers or transmitted via email or through our website; you transmit personal information to us at your own risk. In addition, links on our website may take you to third-party websites over which we have no control. While such links are provided for your convenience, you should be aware that the information handling practices of the linked websites might not be the same as ours. You should review any privacy notices on those linked websites. The Firm is not responsible for any linked websites.
The Firm has put in place certain procedures to address any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so and otherwise as determined by the Firm.
Cookies: When you visit the Website or the Portal, one or more “cookies” are generated and deployed with your consent (if required). If you do not agree to our use of cookies, you should set your browser settings accordingly or not use the Website or the Portal. Please be aware that if you disable the cookies that we use, this may impact your user experience while using the Website or the Portal.
Two types of cookies may be used on the Website or the Portal – “session cookies” and “persistent cookies.” Session cookies are temporary cookies that remain on your device until you leave the Website or the Portal. A persistent cookie remains on your device for much longer or until you manually delete it (how long the cookie remains on your device will depend on the duration or “lifetime” of the specific cookie and your browser settings).
The table below summarizes the different types of cookies we use on the Website or the Portal, together with their respective purpose and duration (i.e., how long each cookie will remain on your device).
Type of Cookie: Performance / Analytical
What do Cookies do? Cookies that help us understand how visitors interact with our web properties by providing information about the areas visited, the time spent on the Website and any issues encountered, such as error messages. They help us improve the performance of the Website, alert of any concerns and more.
Do these cookies collect my personal information/identify me? These cookies do not identify you as an individual. All data is collected and aggregated anonymously. To opt out of the aggregation and analysis of data collected about you on the Website by Google Analytics, visit https://tools.google.com/gaoptout and download and install the Google Analytics Opt-out Browser Add-on.
The Performance / Analytical cookies used on the Website includes:
Name of Cookie: _ ga
First / Third Party: First
Provider: Google
Purpose: Used to distinguish users
Name of Cookie: _ gid
First / Third Party: First
Provider: Google
Purpose: Used to distinguish users
Name of Cookie: _ gat_gtag_UA_2563069_13
First / Third Party: First
Provider: Google
Purpose: Used to throttle request rate
Name of Cookie: AMP_TOKEN
First / Third Party: First
Provider: Google
Purpose: Contains a token that can be used to retrieve a Client ID from AMP Client ID service. Other possible values indicate opt-out, inflight request or an error retrieving a Client ID from AMP Client ID service.
Google may adjust their cookies from time to time. Please visit https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage#analyticsjs to review their latest cookie details.
What are Cookies? Cookies are files or pieces of information that may be stored on your computer (or other internet-enabled devices, such as a smartphone or tablet) when you visit the Website or the Portal. A cookie will usually contain the name of the website from which the cookie has come from, the “lifetime” of the cookie (i.e., how long it will remain on your device) and a value, which is usually a randomly generated unique number.
We use cookies to make the Website or the Portal easier to use and to better tailor our web presence and products to your interests and needs. Cookies may also be used to help speed up your future activities and experience on the Website or the Portal. We also use cookies to compile anonymous, aggregated statistics that allow us to understand how people use our web properties and to help us improve web structure and content. We cannot identify you personally from this information.
Most internet browsers are initially set up to automatically accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings.
If you disable the cookies that we use, this may impact your experience while on the Website or the Portal. For example, you may not be able to visit certain areas of the Website or the Portal.
If you use different devices to view and access the Website or the Portal (e.g., your computer, smartphone, tablet), you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.
If you would like more information about cookies, we can recommend www.aboutcookies.org and www.allaboutcookies.org as helpful resources. Both websites also provide instructions on how to reject cookies if you would like to do so.
How to Exercise Your Rights: To exercise any of your rights in relation to this Privacy Notice, or to access this Privacy Notice in an alternative format, please email us at the following email address: ir@gbcp.com
Further Information: We reserve the right to change our privacy policies and this Privacy Notice at any time. The examples contained within this notice are illustrations only and are not intended to be exclusive. This notice is intended to comply with the privacy provisions of applicable U.S. federal law and certain privacy provisions of other laws. You may have additional rights under other foreign or domestic laws that apply to you, including as set forth in our additional privacy notices.
PRIVACY NOTICE SUPPLEMENT FOR CALIFORNIA RESIDENTS
This notice supplements the Privacy Notice set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 (the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth above in the Privacy Notice. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.
Categories of Personal Information We Collect: We have collected some or all of the following categories of personal information from individuals within the last twelve (12) months:
Identifiers, such as name, contact details and address (including physical address, email address and Internet Protocol address) and other identification (including social security number, passport number and drivers’ license or state identification card number);
Other customer records, such as telephone number, signature, bank account number, other financial information (including accounts and transactions with other institutions and anti-money laundering information) and verification documentation (including proof of address or residency documentation, organizational documents and operating agreements) and information regarding investors’ status under various laws and regulations (including social security number, tax status, income and assets);Protected classification characteristics under California or federal law, such as date of birth, citizenship and birthplace;
Commercial information, such as account data and other information contained in any document provided by investors to authorized service providers (whether directly or indirectly), risk tolerance, transaction history, investment experience and investment activity, information regarding a potential and/or actual investment in the applicable fund(s), including ownership percentage, capital investment, income and losses, source of funds used to make the investment in the applicable fund(s); and
Internet or other electronic network activity information, such as information regarding your use of our website, fund data room and investor reporting portal (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries (including any information retained in the ordinary course of business in connection with any software or other electronic backups).
We disclose or, within the last twelve (12) months, have disclosed personal information collected from you for a business purpose to the categories of third parties indicated in the chart below. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.
Purposes for Collecting Personal Information: We may collect or share the personal information we collect about you for one or more of the following business or commercial purposes:
performing services to you, including, but not limited to:
the administrative processes (and related communication) in preparing for the admission of investors to the fund(s);
ongoing communication with potential investors, their representatives, advisors and agents (including the negotiation, preparation and signature of documentation) during the process of admitting potential investors to the fund;
the performance of obligations under the governing documents of the funds (and all applicable anti-money laundering, KYC and other related laws and regulations) in assessing suitability of potential investors in the applicable fund and related to potential investments and transactions;
ongoing operations, administrative, accounting, reporting, account maintenance and other processes and communication required to operate the business of (each) fund in accordance with its governing documents and other documentation between the parties, including customer service, processing or fulfilling transactions, verifying personal information, processing contributions and distributions and financing;
keeping investors informed about the business of the general partner or managing member of the applicable fund and its affiliates generally, including offering opportunities to make investments other than to the applicable fund and related advertising;
auditing and verifications related to investor interactions, including, but not limited to, verifying the quality and effectiveness of services and compliance;
detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity; and
complying with U.S., state, local and non-U.S. laws, rules and regulations.
We do not sell any of the personal information we collect about you to third parties.
Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations.
Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of personal information specific to you over the last twelve (12) months. Such information includes:
The categories of personal information we collected about you;
The categories of sources from which the personal information is collected;
Our business or commercial purpose for collecting such personal information;
Categories of third parties with whom we share the personal information;
The specific pieces of personal information we have collected about you; and
Whether we disclosed your personal information to a third party, and if so, the categories of personal information that each recipient obtained.
No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.
How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request using any of the methods set forth below.
Call Greenbelt Capital Partners using the following number: +1-512-362-6260
Email us at the following address: IR@gbcp.com
We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request your investor portal access credentials in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.
Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request. We will inform you in writing if we cannot meet that timeline. Please contact the Investor Relations team of Greenbelt Capital Management L.P. at the email address above with any questions or concerns about this Privacy Notice.
This Privacy Notice is current as of April 2024. We reserve the right to change this privacy policy at any time, as circumstances or requirements change.
EU Privacy Notice
GREENBELT CAPITAL MANAGEMENT L.P.
This EU Privacy Notice (this “EU Privacy Notice”) applies to the extent that EU Data Protection Legislation (as defined below) applies to the processing of personal data by an Authorized Entity (as defined below) or to the extent that a data subject is a resident of the United Kingdom (the “UK”), the European Union (the “EU”) or the European Economic Area (the “EEA”). If this EU Privacy Notice applies, the data subject has certain rights with respect to such personal data, as outlined below.
For this EU Privacy Notice, “EU Data Protection Legislation” means all applicable legislation and regulations relating to the protection of personal data in force from time to time in the EU, the EEA or the UK, including the following: 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, any other legislation that implements any other current or future legal act of the EU concerning the protection and processing of personal data (including Regulation (EU) 2016/679 (the General Data Protection Regulation) and any national implementing or successor legislation) and any amendment or re-enactment of the foregoing. The terms “data controller,” “data processor,” “data subject,” “personal data” and “processing” in this EU Privacy Notice shall be interpreted in accordance with the applicable EU Data Protection Legislation. Unless the context otherwise requires, as used herein the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” All references to “investor(s)” in this EU Privacy Notice shall be to such actual or potential investor(s) and, as applicable, any of such investor(s)’ partners, officers, directors, employees, shareholders, members, managers, ultimate beneficial owners and affiliates. Unless otherwise defined herein, capitalized terms used in this EU Privacy Notice will have the meanings ascribed to such terms in the Amended and Restated Limited Partnership Agreement of (as the same may be amended, restated, supplemented, waived and/or otherwise modified from time to time in accordance with its terms, the “Partnership Agreement”) of the relevant Firm sponsored Fund (the “Partnership”).
Please direct any questions arising out of this EU Privacy Notice to the General Partner at IR@gbcp.com or (512-362-6260).
Categories of Personal Data Collected and Lawful Bases for Processing
In connection with offering, forming and operating private investment funds for investors, the Partnership, the General Partner, the Management Company, their respective Affiliates and, in each case, their respective administrators, legal and other advisors and agents (the “Authorized Entities”) collect, record, store, adapt and otherwise process and use personal data, either relating to investors or to any other data subjects, including from the following sources:
information received in telephone conversations, in voicemails, through written correspondence, via e-mail or on subscription agreements, investor questionnaires, applications or other forms (including any anti-money laundering, identification and verification documentation);
information about transactions with any Authorized Entity or other Person;
information captured on any Authorized Entity’s website, including registration information and any information captured via “cookies”; and
information from publicly available sources, including from:
(a) publicly available and accessible directories and sources;
(b) bankruptcy registers;
(c) tax authorities, including those that are based outside the UK and the EEA if the applicable data subject is subject to tax in another jurisdiction;
(d) governmental and competent regulatory authorities to whom any Authorized Entity has regulatory obligations;
(e) credit agencies; and
(f) fraud prevention and detection agencies and organizations.
Any Authorized Entity may process the following categories of personal data:
names, dates of birth and birth place;
contact details and professional addresses (including physical addresses, email addresses and telephone numbers);
account data and other information contained in any document provided by investors to the Authorized Entities (whether directly or indirectly);
risk tolerance, transaction history, investment experience and investment activity;
information regarding an investor’s status under various laws and regulations, including social security number, tax status, income and assets;
accounts and transactions with other institutions;
information regarding an investor’s interest in the Partnership, including ownership percentage, capital commitment, income and losses and any other Confidential Information relating to an investor;
information regarding an investor’s citizenship and location of residence;
source of funds used to make the investment in the Partnership; and
anti-money laundering, identification (including passport and drivers’ license) and verification documentation.
Any Authorized Entity may, in certain circumstances, combine personal data it receives from an investor with other information that it collects from or about such investor. This will include information collected in an online or offline context. In addition, personal data of investors could be processed and controlled irrespective of whether such investor is admitted to the Partnership as a limited partner.
One or more of the Authorized Entities are “data controllers” of personal data collected in connection with the Partnership. In simple terms, this means such Authorized Entities: (a) “control” the personal data that they or other Authorized Entities collect from investors or other sources; and (b) make certain decisions on how to use and protect such personal data.
There is a need to process personal data for the purposes set out in this EU Privacy Notice as a matter of contractual necessity under or in connection with the Partnership Agreement and associated Partnership documentation and, in the legitimate interests of the Authorized Entities (or those of a third party), to operate their respective businesses. From time to time, an Authorized Entity may need to process the personal data on other legal bases, including the following: with consent; to comply with a legal obligation; if it is necessary to protect the vital interests of an investor or other data subjects; or if it is necessary for a task carried out in the public interest.
A failure to provide the personal data requested to fulfill the purposes described in this EU Privacy Notice may result in the applicable Authorized Entities being unable to provide the services as contemplated by the Partnership Agreement and/or an investor’s subscription agreement (the “Subscription Agreement”).
Purpose of Processing
The applicable Authorized Entities process the personal data for the following purposes (and in respect of paragraphs (3), (4) and (6), in the legitimate interests of the Authorized Entities):
The performance of obligations under the Partnership Agreement and/or the Subscription Agreement (and all applicable anti-money laundering, know-your-customer and other related laws and regulations), including in connection with assessing suitability of investors in the Partnership.
The administrative processes (and related communication) carried out between the Authorized Entities in preparing for the admission of investors to the Partnership.
Ongoing communication with investors (including the negotiation, preparation and execution of documentation) during the process of admitting investors to the Partnership.
The ongoing administrative, accounting, reporting and other processes and communications required to operate the business of the Partnership in accordance with the Partnership Agreement and other applicable documentation between the parties.
Any legal or regulatory requirement.
Keeping investors informed about the business of the General Partner and its affiliates generally, including offering opportunities to make investments other than to the Partnership.
Any other purpose for which notice has been provided, or has been agreed to, in writing.
The Authorized Entities monitor communications where the law requires them to do so. The Authorized Entities also monitor communications, where required to do so, to comply with regulatory rules and practices and, where not prohibited to do so, to protect their respective businesses and the security of their respective systems.
Sharing and Transfers of Personal Data
In addition to disclosing personal data amongst themselves, any Authorized Entity may disclose personal data, where not prohibited by EU Data Protection Legislation, to other service providers, employees, agents, contractors, consultants, professional advisors, lenders, data processors and persons employed and/or retained by them in order to fulfill the purposes described in this EU Privacy Notice. In addition, any Authorized Entity may share personal data with regulatory bodies having competent jurisdiction over them, as well as with tax authorities, auditors and tax advisors (where necessary or advisable to comply with law).
Any Authorized Entity may transfer personal data to a Non-Equivalent Country (as defined below), in order to fulfill the purposes described in this EU Privacy Notice and in accordance with applicable law, including where such transfer is a matter of contractual necessity to enter into, perform and administer the Subscription Agreement and Partnership Agreement, and to implement requested pre-contractual measures. For information on the safeguards applied to such transfers, please contact the General Partner. For the purposes of this EU Privacy Notice, “Non-Equivalent Country” shall mean a country or territory other than (a) a member state of the EEA; or (b) a country or territory which has at the relevant time been decided by the European Commission in accordance with EU Data Protection Legislation to ensure an adequate level of protection for personal data.
Retention and Security of Personal Data
The General Partner and its Affiliates consider the protection of personal data to be a sound business practice, and to that end, employ appropriate technical and organizational measures, including robust physical, electronic and procedural safeguards to protect personal data in their possession or under their control.
Personal data may be kept for as long as it is required or advisable for legitimate business purposes, to perform contractual obligations or, where longer, as long as is required to comply with applicable legal or regulatory obligations. Personal data will be retained throughout the life cycle of any investment in the Partnership. However, some personal data will be retained after a data subject ceases to be an investor in the Partnership.
Data Subject Rights
It is acknowledged that, subject to applicable EU Data Protection Legislation, the data subjects to which personal data relates have the following rights under EU Data Protection Legislation: to obtain information about, or (where applicable) withdraw any consent given in relation to, the processing of their personal data; to access and receive a copy of their personal data; to request rectification of their personal data; to request erasure of their personal data; to exercise their right to data portability; and to exercise their right not to be subject to automated decision-making. Please note that 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. In addition, erasure of the personal data requested to fulfill the purposes described in this EU Privacy Notice may result in the inability to provide the services as contemplated by the Partnership Agreement and/or the Subscription Agreement.
In case a data subject to whom personal data relates disagrees with the way in which his or her personal data is being processed in relation to the Partnership Agreement and/or the Subscription Agreement, the data subject has the right to object to this processing of personal data and request restriction of the processing. The data subject may also lodge a complaint with the competent data protection supervisory authority in the relevant jurisdiction.
A data subject may raise any request relating to the processing of his or her personal data with the General Partner at the contact information provided above.
[1] This Privacy Notice is intended only for individuals and certain entities that are essentially “alter egos” of individuals (e.g., revocable grantor trusts, IRAs or certain estate planning vehicles).
[2] For the purposes of this privacy notice, the term “investor” includes any individual who provides personal information to the Firm.