Last updated: August 10, 2022
1. PERSONAL INFORMATION WE COLLECT
The Personal Information we collect and otherwise process falls into two categories:
(i) information you voluntarily provide us (or other external sources provide us) when you visit the Site and submit your information or otherwise interact with us both online and offline; and
(ii) tracking information gathered as you visit the Site.
PERSONAL INFORMATION YOU PROVIDE
The types of Personal Information we collect and otherwise process about you depends on the product or service you have with us and the nature of our relationship with you. We may collect your Personal Information in various ways, including via email, telephone, videoconference, a Site contact form, as part of a transaction, and through other documents, forms, questionnaires and correspondence (such as your subscription agreement and related documents). Wherever reasonably practicable, we will endeavor to collect information about you from you personally.
We may collect the following categories of Personal Information about you:
- Identifiers (e.g., real name, alias, postal address, email address, social security number, driver’s license number, passport number, other government ID, signature, telephone number, and spouse’s name) and other contact information;
- Financial information (e.g., tax-related identification numbers, information and codes, wire transfer information, banking details and other account details);
- Protected characteristic information (e.g., age, date of birth, nationality, citizenship, country of residence, gender, race, and other types of such information);
- Commercial information (e.g., assets, income, account numbers, transaction, investment and withdrawal history, net worth, accounts at other institutions, information concerning source of funds and any applicable restrictions on your investment, such as political exposure or sanctions);
- Details of your company’s directors, shareholders, secretaries, authorized signatories and other comparable officers and/or beneficiaries, and identification documents;
- Professional or employment-related information (e.g., current or past job history, education, personal references); and/or
- Inferences drawn (e.g., preferences, characteristics, predispositions, behavior, aptitude, and trends) based on other Personal Information, such as assets, investment experience, risk tolerance, investment activity, and transaction history
It may be necessary or more practicable at times to collect certain of the Personal Information listed above from external sources, such as:
- A financial adviser, lawyer, broker or other professional advisor;
- Authorized representatives, such as executors or administrators;
- Credit check providers;
- Publicly available registries and other publicly available sources; and/or
- Identification verification and other service providers.
In certain circumstances, we may combine Personal Information that you provide to us with Personal Information that we collect from or about you from such external sources. This may include Personal Information collected in an online or offline context.
We may use analytics tools, including third-party services such as Google Analytics, to help us measure traffic, usage, and other trends based on your use of the Site. These tools use various technologies, including cookies or similar technologies, to collect certain information sent by your devices to the Site, including:
- Your browser name;
- The pages you visit on the Site;
- Whether you have previously accessed the Site;
- The IP (Internet Protocol) address for your computer and other online identifiers;
- The type of computer you are using and other technical information about your means of connection to the Site, such as the operating system, relevant plug-ins, and the Internet service providers utilized;
- Navigational data, also known as log files, server logs or clickstream data; and/or
- Other Internet or electronic network activity or information, such as browsing history and activities, search history, and other information regarding your interaction with the Site.
We conduct the passive collection of the above information in a variety of ways, including:
- Through your browser or device. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language and Internet browser type and version;
- Through your use of the Site. When you visit the Site, we may track and collect the usage data, including but not limited to the date and time your device accessed the Site;
- Using cookies. Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other traffic data of the Site;
- Using tracking technologies (i.e., to track you across third-party websites);
- Using pixel tags (also known as web beacons and clear GIFs) and other similar technologies;
- Using your IP address. Your IP address is a number that is automatically assigned to the computer that you are using by your Internet service provider. An IP address may be identified and logged automatically in our server log files whenever you access the Site, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services.
- If you connect to us from a social network, such as LinkedIn or Facebook, we will collect Personal Information from that social network in accordance with your privacy settings on that social network. The connected social network may provide us with information such as your name, profile picture, network, gender, username, user ID, age or age range, language, country, friends list, follower list, job title, and any other information you have agreed it can share or that the social network provides to us.
We may block certain IP addresses if they attempt to access the administrative portions of the Site without authorization.
2. HOW WE USE PERSONAL INFORMATION
We use Personal Information about you, including the “sensitive” categories of Personal Information described above in the section entitled “Personal Information you Provide”, for various purposes, including:
- To provide our products and services, including to establish and administer any investment or loan and/or provide general financial advice or information about our products and services;
- To provide the specific services you request, including to manage your investments or loans, administer investment- and lending-related activities, conduct transactions and send you related information, including any confirmations and receipts;
- To fulfill our contractual obligations, including pursuant to your subscription agreement (if applicable);
- To manage and administer customer services, including the administration of your customer account;
- To communicate with you about PRIEQUITY, including our events, news and information we think will be of interest to you, and for other marketing purposes;
- For insurance purposes, as necessary;
- For our recruitment, when you apply for a position with us;
- To comply with our legal and regulatory obligations, such as to enforce our Terms and Conditions of Use and for financial and credit checks, audit requirements, fraud and crime prevention and detection, record keeping, monitoring and background checks, including to comply with ‘know your client,’ anti-money laundering and sanctions-related legal and regulatory obligations. This may include automated checks of Personal Information you or your organization provide about your identity against relevant databases, and contacting you to confirm your identity, or making records of our communications with you for compliance purposes;
- For internal administration and analysis and other everyday business purposes;
- To operate, protect the security of and manage access to the Site and our premises, IT and communication systems, online platforms, and other systems;
- To prevent and detect security threats, fraud or other criminal or malicious activities; and/or
In addition to the above, we also use the Personal Information we passively collect about your use of the Site in a variety of ways, including:
- For security purposes;
- For purposes such as calculating usage levels of the Site, helping diagnose server problems, and administering the Site and its associated services;
- To recognize your computer to assist your use of the Site;
- To track the actions of users of the Site to improve the Site and its associated services, including to facilitate navigation and display information on the Site more effectively; and/or
- To ensure that the Site and its services function properly.
We do not use or otherwise process your Personal Information, including your “sensitive” Personal Information, for purposes of automated decision-making, including profiling.
We do not use or otherwise process your “sensitive” Personal Information other than as described herein.
3. HOW WE SHARE PERSONAL INFORMATION
We do not sell, trade, or rent your Personal Information to third parties, or share your Personal Information with third parties for purposes of cross-context behavioral advertising.
We may share your Personal Information with our affiliates in connection with servicing accounts and to otherwise fulfill the purposes described in the section entitled “How We Use Personal Information” above.
We may share your Personal Information with our service providers and other third parties that we partner with to assist us in various functions, including to provide technological support, perform security and anti-fraud services, provide you with our services and products, and provide you with communications and marketing information on our behalf. These service providers and other third parties, which have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your Personal Information for any other purpose, can be classified in the following categories:
- Financial service providers, which we rely on in part to manage your investment or loan and administer investment- and loan-related activities;
- Marketing service providers, which we use to, among other things, send you promotional communications;
- Event planners, which we use to organize and manage events and event-related services, including registering your attendance and the processing of your credit card data with respect to event-related expenses;
- Financing counterparties, in order to assess such counterparties with regulatory checks and sourcing credit for fund-related entities in the course of our transactions and fund life cycles;
- IT service providers, such as our data hosting provider and companies we employ to deliver and facilitate the services needed to support our business relationship with you, manage the Site, provide Site-related services and/or to assist us in analyzing how the Site is used; and
- Other service providers that we may engage to provide services to us or on our behalf, including administrators, accountants, auditors, bankers, prime brokers, insurers, lawyers, AML service providers, placement agents, transfer agents, financial advisors, tax information service providers and other back-office service providers.
We also may share your Personal Information with third parties, including law enforcement, government agencies and regulatory authorities, in order to comply with our legal and regulatory obligations, such as pursuant to a court order, if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding or to relevant tax authorities in response to their request.
In addition, we may share your Personal Information with a third party or its advisors in connection with a potential or actual sale, merger or other disposition of all or part of our business or assets or any other corporate transaction (such as a financing or restructuring) involving such third party.
If you use a financial or other adviser (as indicated on your subscription agreement or subsequently communicated to us), we may also share your Personal Information with such adviser(s).
4. PERSONAL INFORMATION RETENTION
We will retain your Personal Information for a period no shorter than as required by our regulatory obligations and applicable law, and no longer than is reasonably necessary for our relevant business purposes in accordance with applicable law. You may be entitled to request further information regarding such retention periods, which you can do by contacting us as described in the “Contact Us” section below.
5. HOW WE PROTECT YOUR PERSONAL INFORMATION
We take the protection of your Personal Information very seriously. We seek to use security measures designed to reasonably protect against unauthorized access, alteration, disclosure or destruction of your Personal Information under our control. However, the Internet and the storage and transmission of electronic information is not completely secure or error free. We cannot guarantee that your use of the Site, or the information stored on our or our service providers’ servers or transmitted via email, will be completely safe or secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. We encourage you to use caution when using the Internet.
By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a breach or attempted breach of any of our or our service providers’ systems, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. If you have any questions or concerns, please contact us as described in the “Contact Us” section below.
The safety and security of your information also depends on you. Where you have chosen an account password for access to certain features of the Site, you are responsible for keeping this password confidential. We ask that you not share your password with anyone and encourage you not to use the same password on the Site as you use on other websites.
In addition, links on the Site 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 policies on those linked websites. We are not responsible for any linked websites.
6. CHILDREN AND PRIVACY
We do not knowingly permit children under age 16 to register and/or to create an account for any content, product, or service on the Site. We will not knowingly collect, use, or disclose Personal Information about people under age 16, except as permitted by law. If we learn that we have collected any Personal Information from anyone under age 16, we will promptly take steps to delete such information.
If you believe that we may have collected any Personal Information from an individual under age 16, please contact us as described in the “Contact Us” section below.
7. CALIFORNIA PRIVACY RIGHTS
Under certain circumstances, you may have the following rights in relation to the Personal Information we collect or otherwise process about you:
- To request the deletion of the Personal Information, we have collected about you;
- To request additional information about whether and how we have collected, used, disclosed, and sold categories of Personal Information about you, including the specific pieces of Personal Information we have collected about you;
- To request that we correct any inaccurate Personal Information we have collected about you; and
- To opt-out of the sale of your Personal Information. Currently, we do not sell your Personal Information.
(1) For the purposes of this section, “Personal Information” has the meaning given to the term “personal information” in the CCPA and the CPRA, as applicable.
You also may have the right not to receive discriminatory treatment if you exercise the rights listed above.
If you want to exercise any of these rights, please contact us as described in the “Contact Us” section below. These rights are not absolute and each is subject to certain exceptions or qualifications. For example, if you are currently an investor in one of our funds and you request that we delete the Personal Information we have collected about you, the CCPA and the CPRA permit us to deny such request and retain your Personal Information to the extent necessary to manage the applicable fund and our business relationship with you in connection with that fund.
When you make a request, we may require that you provide information and follow procedures so that we can verify the request and your jurisdiction before responding to it. The verification steps we take may differ depending on the request you make. We will match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process your request. If we cannot verify your request, we may ask you for additional information to help us verify your request.
You will be required to submit your first and last name and email address, and may also be asked to provide your telephone number or address, so that we can verify your request. Please provide as much of the requested information as possible to help us verify the request. We will only use the information received in to verify the request for the purposes of responding to the request.
The CCPA and the CPRA permit California residents to use an authorized agent to make the above requests. We require your authorized agent to provide us with proof of your written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for you. An authorized agent must follow the process described above to make a request. The authorized agent must also verify his or her own identity. We will confirm the agent’s authority with you before responding to the request.
DO-NOT-TRACK SIGNALS AND SIMILAR MECHANISMS
Some web browsers may transmit “do-not-track” signals to the websites and other online services with which a user communicates. There is no industry standard that governs what, if anything, websites should do when they receive these signals. PRIEQUITY currently does not act in response to these signals.
8. EEA AND UK PRIVACY RIGHTS
(2) For the purposes of this section, “Personal Information” has the meaning given to the term “personal information” in the GDPR and the UK GDPR, as applicable.
OUR BASES FOR PROCESSING YOUR PERSONAL INFORMATION
We may process your Personal Information in connection with any of the purposes set out above on one or more of the following legal bases:
- Because it is necessary for us to do so to perform your instructions or another contract with you or your organization, such as your subscription agreement and/or its constitutional and operational documents;
- To comply with our legal and regulatory obligations (such as compliance with anti-money laundering and FATCA/CRS requirements), as well as to keep records of our compliance processes or tax records;
- To establish, exercise or defend our legal rights for the purposes of legal proceedings;
- Because the processing is necessary for our legitimate interests, provided that those interests are not overridden by your interests or fundamental rights and freedoms; and/or
- Because you have expressly given us your consent to process your Personal Information in that manner.
Our processing of your Personal Information may involve transferring your Personal Information outside of the EEA or the UK, including to countries (such as the United States) which may not offer the same standard of protection for Personal Information as countries within the EEA or the UK. Whenever we transfer your Personal Information outside of the EEA or the UK to countries that have not been deemed to provide an adequate level of protection for Personal Information by the European Commission and/or the relevant public authority in the UK, as applicable, we seek to ensure a similar degree of protection is afforded to it by, where required by the GDPR or the UK GDPR, using specific contracts approved by the European Commission or the relevant public authority in the UK. You may be entitled, in accordance with the GDPR or the UK GDPR, as applicable, to request further information regarding such safeguards, which you can do by contacting us as described in the “Contact Us” section below.
Under certain circumstances, you may have the following rights in relation to the Personal Information we collect or otherwise process about you:
- Right of access: You may ask us to confirm whether we are processing your Personal Information and, if so, to provide you with a copy of that Personal Information (along with certain other details);
- Right to rectification: If the Personal Information we collect or otherwise process about you is inaccurate or incomplete, you may ask for rectification or completion;
- Right to erasure: You may ask us to delete your Personal Information in some circumstances, e.g., if we no longer need it or you withdraw your consent (where applicable);
- Right to restrict processing: You may ask us to restrict the processing of your Personal Information in certain circumstances, e.g., if you object to us processing it;
- Right to data portability: You may ask to obtain Personal Information you have provided to us in a structured, commonly used and machine-readable format for reuse under certain circumstances;
- Right to object: You may ask us to stop processing your Personal Information if we:
- rely on legitimate interests to process your Personal Information, except if we can demonstrate compelling legal grounds for the processing; or
- process your Personal Information for direct marketing purposes.
- Rights in relation to automated decision-making and profiling: You may request not to be subject to a decision when it is based solely on automated processing, including profiling, and it produces a legal effect or similarly significantly affects you unless such profiling in necessary for entering into, or the performance of, a contract between you and us; and
- Right to withdraw consent: If we rely on your consent as legal basis for processing your Personal Information, you may withdraw that consent at any time. This includes, but is not limited, to cases where we use your Personal Information for direct marketing purposes.
You also may be entitled, in accordance with applicable law, to lodge a complaint with a supervisory authority if you consider that our processing of your Personal Information infringes applicable law.
If you want to exercise any of these rights, please contact us as described in the “Contact Us” section below. These rights are not absolute and each is subject to certain exceptions or qualifications. For example, if you wish to withdraw your consent or object to processing, we may need to discuss with you whether our use of your Personal Information needs to continue for other lawful purposes, such as fulfilment of a legal or contractual requirement.
10. CONTACT US
If you have questions about this policy or our processing of the Personal Information we hold about you, you can email firstname.lastname@example.org. You can also write to 14 Wall Street, Suite 2060, New York, NY, Attention: Compliance.