Commitment to Investor Privacy1
Trilantic Capital Management L.P, a Delaware limited partnership (Delaware State file number: 4673281), and its advisory affiliates and related persons (collectively, "Trilantic North America", the “Firm,” “we,” “us” or “our”) is committed to handling non-public personal information2 regarding its investors responsibly. Investors have the right to be provided with clear, transparent and easily understandable information about how the Firm uses non-public personal information and rights investors may have relating to such use.
Collection of Non-public Personal Information
Non-public personal information collected by or on behalf of the Firm is obtained directly from the investor or the investor’s professional advisors or other third parties and generally comes from subscription agreements, investor questionnaires, other required forms and agreements, correspondence, written, telephone or electronic contacts with investors regarding their accounts or transactions with non-affiliated third parties.
The information we collect about an investor in the course of the investor’s interaction and correspondence with the Firm and its representatives include, but are 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 an investor may supply, social security number and other tax details, nationality, citizenship, tax residency, date of birth and family connections;
- details of an investor’s directors, shareholders, secretaries, authorized signatories and other comparable officers and/or beneficiaries, and identification documents;
- banking details;
- information on the investor’s assets and/or income and/or financial dealings, including investment history;
- details of business advisers an investor may employ, including wealth managers and independent financial advisers; and/or
- 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 (see below for more details).
The Firm may receive 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 publically available sources such as company websites. We may collect any of the information noted above from such third parties, and in addition, we may receive the following:
- details of any complaints made by you with respect to your dealings with the relevant service provider to the fund;
- data received from due diligence activities (such as anti-money laundering, politically exposed persons and sanctions checks); and/or
- fraud inquiries (for example, information from police reports).
In addition, the Firm obtains information about investors’ interests in funds (such as capital account balances and percentage interests) from the funds themselves and their other non-affiliated service providers.
Use of Information Collected
The Firm uses investor information as follows:
- to provide the Investor with services that such Investor has requested and to fulfill the Firm’s contractual obligations, including any contractual obligations as the general partner(s) and/or the investment advisor to a fund in which the Investor has subscribed;
- to fulfill our contractual obligations to other third parties to whom the Investor has provided its information;
- 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, 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.
The Firm does not generally send marketing messages; however, from time to time, the Firm will provide information on other Trilantic North America sponsored funds that we may be raising. 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; provided that 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 contacting us.
Disclosure of Non-public Personal Information
We do not disclose any non-public personal information about our fund investors or former fund investors except as detailed in this Privacy Notice. We disclose investor personal information to the following third parties:
- Fund and Firm vendors needed to operate the fund(s) 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 (xii) 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 countries with whom a fund (or a fund’s portfolio companies) transacts who request or require such information in order to issue business or regulatory licenses or permits; and
- third parties with whom a fund (or a fund’s portfolio companies) transacts who require information to comply with local anti-money laundering (“AML”) laws, including banks and other financing counterparties.
In addition, we may disclose personal information as follows:
- to 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 countries, where we are under a duty to disclose or share your 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 and payment information, documents or self-certifications) may be made directly to such regulators or competent authorities or made indirectly to our advisers or providers who will make such filings or disclosures on our behalf;
- if we are under a duty to disclose or share your information with tax authorities, such personal 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 providers who will 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 investors of a Trilantic North America-sponsored fund; and
- if you use a financial or other adviser (as indicated on your subscription agreement or subsequently communicated to us), the details of your investments and valuations may also be provided to such adviser(s).
The Firm’s Security Policies and Practices
We acknowledge that the information you provide may be confidential and will maintain the confidentiality of and protect your information in accordance with our normal procedures and all applicable laws. We maintain physical, electronic, and procedural safeguards that comply with U.S. federal regulations and other applicable law to guard an investor’s non-public personal information and try to prevent unauthorized access.
We restrict access to non-public personal information about investors solely to those employees who need to know that information to provide products or services to that investor. When information about investors is disclosed to non-affiliated third parties, we enter into contractual agreements, or otherwise ensure that such non-affiliated third parties have privacy policies or obligations in place, intended to protect the confidentiality of such information and to prevent such third parties from using the information other than to carry out the purposes for which we disclose the information or as otherwise required by law.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, for example by encrypting our outgoing email communications, we cannot guarantee the security of data transmitted via email or through our website; any transmission is at your own risk. In addition, links on our website may take you to third party sites 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. We are not responsible for any linked websites.
We have put in place 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.
We will not sell or offer to sell any non-public personal information about our investors or former investors to third parties.
Additional Information for Personal Information Subject to the General Data Protection Regulation
Investors that are residents of the European Economic Area (“EEA” and such investors, “EEA Investors) have certain rights pursuant to the General Data Protection Regulation (“GDPR”). If you are an EU Investor and do not agree with the Firm’s use of your personal data as set forth in this Privacy Notice, you should not submit your personal information to the Firm. However, if you do not submit your personal information, or if you exercise your rights to prevent us using your data, you should be aware that the Firm may not be able to do business with you.
For the purposes of data privacy legislation, the Firm is a “controller.” We transfer, use and/or store your personal information outside of the EEA, primarily in the U.S., and the laws of the U.S. and certain other destination countries may not offer the same standard of protection for personal information as countries within the EEA. It may also be processed by staff operating outside the EEA who work for us or for one of our vendors (for example, those who supply support services to us). In addition to the U.S., we currently transfer data to the following countries outside of the EEA: Hong Kong and Japan.
- Our bases for collecting and using personal information. We are entitled to use your personal data in the ways set out in this policy on the following bases:
- the use of personal data is necessary for the performance of a contract with you for provision of our products and/or services (including fund subscription agreements and fund limited partnership agreements) or to take steps at your request prior to entering into such a contract;
- we have legal obligations that we have to discharge (including legal obligations set forth in a fund limited partnership agreements, investment advisory agreements and other operative documents);
- the use of your personal data is necessary for our legitimate interests in marketing to prospective investors for the fund in which you are invested, successor funds or other Trilantic North America sponsored funds;
- you have consented to such use; and/or
- to establish, exercise or defend our legal rights for the purposes of legal proceedings.
We do not expect to process “sensitive” or “special” categories of information under GDPR3; however, if we were to process such information, we would do so only where we have asked for your explicit consent, or otherwise where this is necessary for the establishment, exercise or defense of legal claims, or as may otherwise be permitted under applicable law.
Provision of your personal information is a legal and contractual requirement necessary to becoming an investor in any Trilantic North America sponsored fund or other pooled vehicle. If you choose not to provide such information, we may not be able to perform some of the tasks we need to in order to provide certain products or services to you.
If you choose to provide your consent, you can withdraw it at any time by contacting us.
- Retention of Personal Information. We will keep your information only for as long as necessary depending on the purpose for which it was provided. Details of retention periods for different aspects of your personal information are available in our retention policy which you can request by contacting us. When determining the relevant retention periods, we take into account factors, including, but not limited to, the following:
- our contractual and business relationships with you;
- legal obligations under applicable law to retain data for a certain period of time;
- statute of limitations under applicable law(s);
- (potential) disputes; and
- guidelines issued by relevant supervisory authorities.
- Your rights in connection with personal information. Under certain circumstances, by law you have the right to:
- Object to 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 a copy of the personal information we hold about you and to check that we are processing it lawfully.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information 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 continuing 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.
We will respond to your request within one month of receipt of your request. In some cases we may not be able to fulfil your request to exercise the right before this date, and may need to request more time. Where we cannot provide a full response to you for any reason, we will let you know about this in our initial reply to your request.
Your duty to inform us of changes. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
Fees. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). In some cases, we may charge a reasonable fee if your request for access is clearly unfounded or excessive, or if you request multiple copies of the information. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you. To access your personal information (or to exercise any of the other rights), we may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Right to complain. If you wish to request further information about any of the above rights, or if you are unhappy with how we have handled your information, contact us. If you are not satisfied with our response to your complaint or believe our processing of your information does not comply with GDPR or other applicable data protection law, you can make a complaint to the supervisory authority in your country. For example, in the UK you should contact the Information Commissioner’s Office: https://ico.org.uk/global/contact-us/ or 0303 123 1113.
1For the purpose of this policy, the term “investor” includes any individual who provides non-public personal information to the Firm.
2Non-public personal information means any personally identifiable financial information or other information that may identify a natural person, as required by law, and any list, description, or other grouping of investors using any non-public personal information.
3Sensitive/special categories of information includes data concerning your health, personal data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or data concerning sexual orientation.
The policy we have outlined here is current as of May 24, 2018. We reserve the right to change this policy at any time, as circumstances or requirements change. We will notify our investors of any such amendment.
Should you have any questions or concerns relating to this Privacy Notice or the processing of personal data we hold about you, please contact us:
Trilantic Capital Management L.P.
c/o Investor Relations
399 Park Avenue, 39th Floor
New York, NY 10022
By phone: +1-212-607-8450
By email: firstname.lastname@example.org
Updated May 24, 2018