Privacy Policy
PRIVACY POLICY
EagleTree Capital, LP and its affiliates (collectively, the “Firm”), including the various private investment funds we manage (each a “Fund,” and together with the Firm, “EagleTree”), are committed to handling investor information responsibly and consistent with privacy rights. This Privacy Policy describes the types of personal information, also referred to as “personal data” in some regions), (collectively, “personal information”) that we collect from and about current, prospective and former investors, including through this website, where you can also access details about the members of the Firm. Throughout this Privacy Policy, “we,” “our,” and “us” refer to EagleTree, as applicable.
This Privacy Policy also describes how we use and disclose your personal information, as well as the choices available to you regarding our use of your personal information and how you can access and update that information.
Residents of California have additional rights. California residents should click here to learn more.
Residents of the European Economic Area (the “EEA”) or the UK or investors in our Cayman Islands Funds have additional rights. EEA residents and investors in our Cayman Islands Funds should click here to learn more.
| Information We Collect | We collect nonpublic information about you primarily from the following sources:
Subscription agreements, investor questionnaires, applications, remittance instructions, and other documents related to our Funds or other investment vehicles or accounts sponsored, managed or advised by the Firm; correspondence with you (written, telephonic and/or electronic); transactions with us or others; third-party service providers who perform services on our behalf or verify or supplement our information; this website and our investor portal, including registration information and any information captured via cookies; and your websites and investor portals to the extent you direct us there and/or provide us access.
Information we collect from these sources includes, as applicable, the following types of personal information by category:
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| Purposes for Collection of Personal Information | We collect the categories of personal information described above pursuant to the legal bases of contract performance, legal compliance and legitimate interests for the following purposes:
To Provide Services - We collect your personal information so that we may provide our services to you. This includes providing you with information about our services, confirming your identity or signing authority, communicating with you about those services, performing a contract with you, enhancing our services, performing administrative functions related to our services, or other activities related to the provision of our services. Marketing Purposes – We may collect your personal information to offer, improve and customize our services to and for you, as well as to inform you about other Funds or investment vehicles or other accounts sponsored, managed or advised by the Firm (for example, successor funds or co-investment opportunities). If you have consented to direct marketing, you have the option to withdraw your consent at any time by contacting us below using the information in the “Contact Us” section. Through this website, we also may process information collected through cookies, such as your location data, IP address, and content viewed on this website, for marketing purposes. You can manage or disable cookies at any time by adjusting your browser settings. To learn more about how to opt-out of the disclosure of your personal information in connection with targeting cookies, please follow the instructions available in our Cookies Policy on this website. Research - Your personal information may be used for research on usage patterns, product development, online site customization, targeted marketing, customer habits, or other analyses. To Comply with Law or Defend Interests – We will use or process personal information as necessary to comply with any applicable law, regulation, legal process, government reporting obligation, governmental request, or to cooperate with law enforcement or other authorities. For example, applicable regulators may request or require information about investors in our Funds or we may be ordered to provide such information in connection with a legal matter by a court or other party. In these circumstances, only the specific information requested or required will be shared. We may also use or process personal information for defense of claims against us or to pursue claims in our interests. Legitimate Interests - We may process your personal information where necessary for any other legitimate interests where these are not overridden by your rights and freedoms. These interests may include analyzing the use of this website or services, improving this website and its content, fulfilling our obligations to our customers and others, and managing our customer and vendor relationships. |
| How We May Disclose Information We Collect | We may disclose personal information that we collect about you to the following categories of third parties:
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| Retention and Deletion of Information | We will keep your personal information for as long as it is necessary: (a) for us or any other person to whom your data may be provided for the purposes set out in this Privacy Policy, to perform our/their duties and obligations in connection with our Funds; and/or (b) to comply with the applicable data protection legislation or a legal requirement under applicable law to the extent permitted by applicable data protection laws.
We will generally retain your personal information throughout the lifecycle of your investment with us. Some of your personal information will be retained after your relationship with us ends. We will delete your personal information once there is no longer any purpose for which it is processed or any legal or regulatory requirement for retaining your personal information. When determining the retention period for your personal information, we will take into account factors including: our contractual and/or business relationships with you; legal obligations under applicable law and/or regulations to retain data for a certain period of time; statutes of limitations under any applicable law; disputes or potential disputes; and any guidelines issued by relevant supervisory authorities (including the U.S. Securities and Exchange Commission). |
| Protection of Information | To protect your personal information from unauthorized access and use, we maintain physical, electronic, and procedural safeguards that comply with applicable regulations to guard your personal information, including computer safeguards and secured files and buildings. We do not sell, rent or trade any investor information to other companies.
We restrict access to personal information about you solely to those employees and/or service providers who need to know that information to provide services to you or to comply with applicable legal and/or regulatory requirements. |
| Former Investors | We may share personal information about former investors as described above. |
| Changes to this Notice | We will notify you of any changes to this Privacy Policy as required. |
| Additional Region-Specific Disclosures | See “Additional Region-Specific Disclosures” below, for disclosures applicable to residents of the EEA, the UK and/or investors in our Cayman Islands Funds and residents of California, Colorado, Connecticut, Utah and Virginia. |
| Contact Us | If you have any questions regarding these matters, please contact us at 212-702-5600, by email at dataprotection@eagletree.com or by regular or express mail to EagleTree Capital, LP, 1185 Avenue of the Americas, 39th Floor, New York, New York 10036, Attn: Legal and Compliance. |
Additional Region-Specific Disclosures
If you live in the EEA or invest in our Cayman Islands Funds, the following additional disclosures apply to any personal information that we process subject to relevant and applicable data protection legislation.
EagleTree is a data controller of personal information collected through our services. EagleTree is a U.S.-based firm located in New York, NY at 1185 Avenue of the Americas, 39th Floor, New York, NY 10036. In addition, if you invest in a Cayman Islands fund, the specific Cayman Islands fund is a data controller to the extent it processes your personal data for its own compliance purposes. You may contact EagleTree according to the contact information provided in the “Contact Us” section above.
This section applies to any natural person who is a “data subject” as defined in General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council and to the extent applicable as incorporated into the laws of the UK by virtue of the European Union (Withdrawal) Act 2018 (the “Data Regulation”), or the Cayman Islands Data Protection Act (As Revised).
Lawful Bases of Processing
The lawful bases on which we rely to process your personal information are:
- We rely on your consent for the purpose of marketing. You have provided us with your consent to do so. You can withdraw your consent at any time by contacting us via the contact details set forth in this Privacy Policy above. Your withdrawal of consent will not affect the lawfulness of processing based on your consent before its withdrawal.
- We rely on performance of a contract to which you are a party as a basis to process your personal information that may be necessary to provide our services to you and perform our contractual duties and obligations.
- We rely on compliance with a legal obligation as a legal basis to process personal information when complying with applicable laws, court orders, or other legal processes, responding to government or law enforcement requests, or maintaining safety, security and integrity of our services in your respective jurisdiction (EEA, UK and/or Cayman Islands). For example, we have to comply with legal, regulatory, tax, reporting, filing, anti-trust, “know your client”, anti-money laundering, anti-terrorist financing and other obligations, as applicable.
- We rely on our legitimate interests to process your data for certain purposes and these interests are not overridden by your interests or fundamental rights and freedoms. For example, we rely on our legitimate interests when processing your personal information to (i) manage, operate and administer investments in accordance with the governing documents and applicable laws, regulations, and policies, (ii) communicate with you about our services or your questions, (iii) conduct research, (iv) improve our services, (v) defend our legal interests, (vi) fulfil our obligations to our customers and others, (vii) manage our customer and vendor relationships, (viii) comply with a legal obligation outside your respective jurisdiction (EEA, UK and/or Cayman Islands) to which we are subject, (ix) assess or conduct a sale, merger, consolidation, change in control, and (x) to establish, exercise or defend our legal rights for the purposes of legal proceedings in connection with our management and administration of investments.
If provision of your personal information is a legal or contractual requirement or a requirement necessary for you to become and remain an investor, and you choose not to provide it and/or to withdraw your consent, we may have to require you to terminate your investment, as we would otherwise be unable properly to comply with our contractual and/or legal, regulatory or tax obligations with respect to our Funds.
We process your sensitive and special categories of information (including data concerning your health, personal information revealing your racial or ethnic origin, or data concerning criminal convictions) where we have asked for your explicit consent or otherwise where this is necessary for the establishment, exercise or defence of legal claims.
International Data Transfers
We may transfer, use and/or store your personal information outside the EEA, the UK, and/or the Cayman Islands, as applicable, including to or in the United States and countries that do not offer the same standard of freedoms and protections for personal information. Your personal information may also be processed by personnel who work for us or for a third-party service provider (for example, our accountants and tax preparers) but who operate outside the EEA and/or the Cayman Islands, as applicable.
We currently transfer data to the following countries outside the EEA, the UK and the Cayman Islands: Bermuda, and the United States. We may update this list from time to time and any changes will be communicated to you via an update to this notice.
Transfers to third-party service providers are to enable them to use and store your personal information on our behalf. We have, however, put in place appropriate security procedures in order to protect your personal information. We also ensure that, where your data is transferred to any country outside the EEA, the UK and/or the Cayman Islands, this is done using specific legally approved safeguards and in compliance with applicable laws, including EU Standard Contractual Clauses, as applicable. You may request further details and a copy of these procedures by contacting us using the information in the “Contact Us” section above.
We will notify you of any material data breach that is reasonably likely to result in a material risk to the interests, fundamental rights or freedoms of either you or those data subjects to whom the relevant data relates.
Automated decision-making
We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your personal information, unless we have considered the proposed processing in a particular case and concluded that it meets the applicable legal requirements.
Data Subject Rights
You have certain data subject rights, which vary, but may include the right to:
- withdraw your consent at any time to the processing of your personal information, with future effect; your withdrawal of consent will not affect the lawfulness of processing based on your consent prior to withdrawal;
- object to the processing of your personal information where we are relying on a legitimate interest (or that of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground; you also have the right to object where we are processing your personal information for direct marketing purposes;
- request access to your personal information (commonly known as a “data subject access request”) – this enables you to receive confirmation as to whether or not we process personal information about you, information about the personal information we process about you, and a copy of the personal information we hold about you, for you to check that we are processing your personal information lawfully;
- request correction of the personal information that we hold about you – this enables you to have any incomplete or inaccurate data we hold about you corrected;
- request erasure of your personal information – this enables you to ask us to delete or remove personal information where there is no good reason for us to continue to process it; you also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see above);
- request the restriction of processing of your personal information – this enables you to ask us to suspend the processing of personal information about you, for example, if you want us to establish its accuracy or the reason for processing it;
- request the transfer of your personal information to another party in a machine-readable, commonly used and structured format; and
- complain to the relevant supervisory authority.
You have the right, at any time, to ask us not to contact you for marketing purposes. You can do this by contacting us using the contact details set forth in the “Contact Us” section above.
Your rights are not absolute and each is subject to certain exceptions, qualifications or limitations applicable in your jurisdiction (EEA, UK and/or Cayman Islands). For example, if you wish to object to processing, we may need to discuss with you whether our use of your data needs to continue for other lawful purposes, such as fulfilment of a legal or contractual requirement. If you want to exercise any of your rights, please contact us using the contact details set forth in this Privacy Policy above. You are not required to pay any charge for exercising your rights. If you make such a request, we have one month to respond to you.
How to Complain
If you wish to request further information about any of your rights, or if you are not satisfied with how we have handled your data, please contact us using the contact details set forth in the “Contact Us” section above.
If you are not satisfied with our response to your complaint or believe our processing of your data does not comply with applicable laws, you can make a complaint to the supervisory authority in your country:
- For residents of the EEA and UK: Please see the following websites https://edpb.europa.eu/about-edpb/about-edpb/members_en and https://ico.org.uk/.
- Where your investment is held in a Cayman Islands entity, you should contact the Office of the Ombudsman of the Cayman Islands ombudsman.ky.
If you are a resident of the State of California, the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CPRA”) (Civil Code Section 1798.100, et seq.) (collectively “CCPA”), requires us to make certain disclosures about our personal information practices and provides you with additional rights related to our collection and use of your personal information.
Notice of Collection to California Residents
During the past twelve (12) months, we collected the categories of personal information outlined above in the “Information We Collect” section from California residents for the purposes outlined in the “How We May Disclose Information We Collect” section. We also disclosed personal information about California residents to third parties for the purposes noted above in the “How We May Disclose Information We Collect” Section during the past twelve (12) months. We retain your personal information as note above in the “Retention and Deletion of Your Information” Section.
We do not sell, trade, or rent the personal information of California residents to third parties.
Under the CCPA, you may have certain rights regarding personal information we have collected about you in certain circumstances. Such rights might include:
- The Right to Know and Access: You may have the right to request information about our collection and use of your personal information over the past twelve (12) months concerning (i) the categories of personal information we collected about you, (ii) the categories of sources from which your personal information is collected, and (iii) categories of third parties with whom we share your personal information.
- The Right to Deletion: You may have the right to request that we delete certain personal information that we have about you. We may not be able to fulfill your request if we (or our service providers) need to retain your personal information for certain authorized purposes, such as to provide a service you requested or to comply with or exercise rights under applicable law.
- The Right to Correct: You may have the right to request that we correct inaccuracies in the personal information that we maintain about you.
- The Right to Non-Discrimination: You have the right not to receive discriminatory treatment against you for exercising any of your privacy rights under the CCPA.
How to Exercise Your California Privacy Rights
If you would like to exercise any of these rights provided under California law, please submit a verifiable consumer request by contacting us at: 212-702-5600, by email at dataprotection@eagletree.com, or by regular or express mail to EagleTree Capital, LP, 1185 Avenue of the Americas, 39th Floor, New York, New York 10036, Attn: Legal and Compliance.
We will ask you to provide certain information to verify your identity, such as your name, email address, or phone number, so that we may identify you in our databases and process your CCPA request. If you have an authorized agent who makes the request, then we may request proof that you have provided the agent with signed permission or power of attorney. If we still need additional information to process your request, we also may contact you or your authorized agent by e-mail or telephone number to ask you additional questions. If we cannot verify your identity or sufficiently differentiate you from another consumer, or cannot confirm an agent’s authority to act on your behalf, we are not required to fulfill your request.
Additional Information for Residents of Other States
If you are a resident of Colorado, Connecticut, Utah, or Virginia, you also may have rights with respect to the personal information that EagleTree collects about you. Subject to certain exceptions, if you are an eligible resident of one of these states, you have certain privacy rights depending on your state of residency, which may include:
- Right to Access: You have the right to confirm whether we process your personal information and request access to your personal information. You also have the right to obtain your personal information in a portable, and to the extent reasonable feasible, readily usable format that you can transmit without hinderance.
- Right to Delete: You have the right to request that we delete the personal information you have provided to us or that we have otherwise obtained about you.
- Right to Correct: You have the right to request that we correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of your personal information.
- Right to Opt Out: You have the right to opt out of the processing of your personal information for the purposes of (i) targeted advertising, (ii) the sale of your Personal Information and (iii) profiling in furtherance of decisions, including solely automated decisions for eligible residents of Connecticut, that produce legal or similarly significant effects.
- Right to Appeal: You have the right to appeal decisions with regard to your request to exercise any rights described herein.
You do not need to create an account with us to exercise your privacy rights under these laws.
If you would like to exercise any of these rights provided, please submit a verifiable consumer request by contacting us at: 212-702-5600, by email at dataprotection@eagletree.com, or by regular or express mail to EagleTree Capital, LP, 1185 Avenue of the Americas, 39th Floor, New York, New York 10036, Attn: Legal and Compliance.
Last updated on April 10, 2024