Investor Privacy Notice
What does this notice cover?
Oberland Capital Management LLC and its affiliated entities (collectively, the “Company”, “we”, “us” or “our”) considers privacy to be fundamental to its relationship with you. This Privacy Notice describes how the Company collects and processes personal information about its current, prospective, and former individual investors in one or more Company funds or holders of separately managed accounts (“investors”, “you” or “your”). For purposes of this Investor Privacy Notice, the controller of your data is the Fund in which you invest. If you are an individual investor, this Investor Privacy Notice will be relevant to you directly. If you are institutional investor that provides us with personal information of individuals connected to you in relation to your investment with us, such as your employees, this privacy notice will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.
What personal information does the Company collect about investors?
The Company collects and processes the following personal information about its investors:
- Contact information, such as your name, address, email address and telephone numbers;
- Internet or other electronic network activity information, including information regarding your interaction with our online portal.
- Employment information, such as your job title, place of work, compensation, and work history;
- Identification information, such as your signature, date of birth, national insurance, or social security (or similar) number, proof of address, driver’s license, passport, and other government identification information and/or numbers;
- Background information, such as information needed for or revealed by know-your-customer, fraud, terrorist financing, sanctions and anti-money laundering checks, investor accreditation and consents; and
- Financial information, such as information about your assets, income, net worth, amounts and types of investments, profit and loss allocations, capital account balances, commitments, withdrawals, redemptions, subscriptions and contributions, account data, other investment participation information, funds transfer information, beneficiaries, positions, percentages of fund, share or option numbers and values, vesting information, investment history, and transaction and tax information.
Some of the information we collect may be classified as “Sensitive Personal Information” under applicable laws, including identifiers you provide us in your subscription document such as your social security number and financial account information. We use this information for the purposes disclosed elsewhere in this Investor Privacy Notice and will not use Sensitive Personal Information provided to infer characteristics about you other than as required to comply with law or legal process such as for anti-money laundering and know-your-customer purposes. We do not sell this information or share it for cross-context behavioral advertising and, as with all personal information, only disclose it as described below.
How does the Company collect this personal information?
The Company collects personal information from:
- Forms you complete (or which are completed by your authorized representatives on your behalf), including subscription documents, applications, investor questionnaires and other related documents or forms;
- Your correspondence and interactions with us, including by letter, email, and telephone;
- Your transactions with the Company or, where relevant, third parties;
- Our website, including any relevant registration information and information captured via cookies; and
- Third parties, including our service providers (e.g., background screening providers, investment brokers or public databases), consumer reporting agencies, and your authorized representatives or advisors, such as your attorneys, accountants, family office, investment consultants and financial advisors.
How and why does the Company use your personal information?
The Company collects and processes your personal information:
- Where required by applicable laws and regulations, including laws relating to know-your-client requirements, tax, the prevention of money laundering, fraud, terrorist financing and sanctions – this may involve collecting specific personal information about you where required by law and disclosing such information to applicable regulators, government bodies and tax authorities;
- Where the processing is necessary for the Company to enter into or to perform a contract with you, or to take steps at your request prior to entering into a contract – for example, to process your subscription agreement, provide information you have requested, create, and administer your account, administer your investments, maintain registers, and communicate with you about your investments;
- Where necessary for the purposes of the Company’s legitimate interests or with your consent, including to operate and facilitate our business and services to you, undertake business management, planning, statistical analysis, market research and marketing activities, administer and maintain the Company’s core records, protect the Company’s rights and interests, ensure the security of the Company’s assets, systems and networks, prevent, detect and investigate fraud, unlawful or criminal activities in relation to our services, and enforce our terms and conditions; and
- Where the processing is necessary for the establishment, exercise, or defense of legal claims.
We may process your personal information on the basis of our legitimate commercial interests, where the processing is necessary for the performance of a contract with you or to protect your vital interest, or where we have received your consent. Where processing is based on your consent, you have the right to withdraw that consent at any time. If you decline to provide or withdraw your consent to our use of the data and we are relying on consent as the legal basis for its processing, there are circumstances in which we will not be able to provide you with services or take action on your behalf. Where we process your personal information on the basis of our legitimate interests, we may do so for our or our affiliate’s everyday business purposes—such as to process your transactions, maintain your account(s)—or respond to court orders and legal investigations. We may also process your data to offer products or services to you.
Data security and disclosures of your personal information
The Company is committed to maintaining the confidentiality, integrity and security of your personal information and takes precautions to protect such information. These precautions include the adoption of certain physical, electronic, and procedural safeguards and procedures designed to maintain and secure your personal information from inappropriate disclosure in accordance with applicable laws and regulations, while allowing your needs to be met.
The Company restricts access to personal information about investors to those employees and agents of the Company who need to know that information in order to provide the Company’s services to investors. The Company may disclose such information to its service providers (including financial, technical, marketing, and professional service providers and consultants) and financial institutions that provide services to the Company. The Company requires such third-party service providers and financial institutions to protect the confidentiality of your personal information and to use the information only for purposes for which it is disclosed to them.
The Company may also disclose your personal information to other third parties, including without limitation:
- any governmental agency, regulatory authority or self-regulatory organization having jurisdiction over the Company or its affiliates, if (i) the Company determines that such disclosure is necessary or advisable pursuant to or in connection with any U.S. federal, state or local, or non-U.S., law, rule, regulation, executive order or policy, including without limitation any anti-money laundering law and the USA PATRIOT Act and (ii) such disclosure is not otherwise prohibited by law, rule, regulation, executive order or policy;
- persons acting in a fiduciary or representative capacity on behalf of an investor, such as an IRA custodian or Trustee of a grantor trust; and
- in connection with a corporate transaction, for example, with third parties that acquire or are interested in acquiring all or part of our business;
- certain other persons to the extent authorized by you.
On all occasions when it is necessary for us to share your personal information with other parties, we will require that such information only be used for the limited purpose for which it is shared and will advise these companies not to further share your information with others except to fulfill that limited purpose.
The Company does not disclose personal information about investors except as may be required or permitted by law, rule, or regulation. The Company may disclose for a business purpose and has disclosed in the preceding twelve (12) months, information about investors, including contact information, employment information, identification information, background information and financial information to third parties, as listed above.
In the preceding twelve (12) months, the Company has not sold any personal information to unaffiliated third parties or shared any personal information for purposes of cross-context behavioral advertising.
We are committed to providing individuals with reasonable and appropriate access to personal data. If you believe that we are processing personal data about you and wish to have access to that information, we can provide you with that data or at least an explanation of why we cannot do so in the particular context, such as when responding to the request would be unreasonably expensive. We are happy to correct inaccurate data or delete information that is not appropriate to retain. Please also let us know if you have any questions, concerns, disputes, or issues.
If you make a request related to personal data about you, you may be required to supply a valid means of identification as a security precaution.
Investors may also have certain rights regarding their personal data which may be subject to limitations and restrictions. These rights vary by jurisdiction and may include the right to: (i) request access to and correction or erasure of their personal data; (ii) obtain restriction of processing or to object to processing of their personal data; (iii) the right to data portability; and (iv) the right to limit our use of Sensitive Personal Information. If you wish to exercise one of these rights, please send us your request at the contact information below. You may also have the right to lodge a complaint about the processing of your personal data with your local data protection authority. We are always open to dialogue to resolve issues short of formal disputes. If your concerns cannot be resolved, we can enter into appropriate third-party neutral dispute resolution. If you need to reach us about a privacy or data protection issue, please contact us using the contact below. We will not retaliate or discriminate against you for exercising any of your privacy rights.
You may submit requests to exercise these rights, where they are applicable, by emailing email@example.com or calling (877) 764-7325.
Investors who submit requests will be required to verify their identity. We will not disclose or delete any information until identity is verified. We will process your request within the time provided by applicable law.
You may designate an authorized agent to submit a request on your behalf by providing that agent with your written permission. If an agent makes a request on your behalf, we may still ask that you verify your identity directly with us before we can honor the request. Agents who make requests on behalf of individuals, will be required to verify the request by submitting written authorization from the investor. We will not honor any requests from agents until authorization is verified.
International Data Transfers
Your personal information may be transferred to, stored, and processed in a country other than the one in which it was collected, including the United States, which country may not or may not be deemed to provide the same level of protection for personal information.
When we do so and to the extent required by applicable data protection laws, we rely on appropriate or suitable safeguards, including:
- using standard contractual clauses approved by relevant authorities as ensuring adequate safeguards;
- obtaining your consent to transfer personal information after first informing you about the possible risks of such a transfer;
- when the transfer is necessary for the performance of a contract between you and the Company, or if the transfer is necessary for the performance of a contract between the Company and a third party, and the contract was entered into in your interest; and
- when the transfer is necessary to establish, exercise or defend legal claims.
For more information on the safeguards we have in place, please contact us using the details below.
How will the Company retain your personal information?
We retain your personal information only for as long as is necessary for the purposes set out in this Privacy Notice, including to satisfy legal, accounting, reporting, and recordkeeping requirements, subject to your rights, under certain circumstances, to have your data erased.
When deciding how long to retain your personal information, we consider our legal and regulatory obligations, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information described above and whether we can achieve those purposes through other means. We may also retain your personal information to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.
Changes to this Privacy Notice
This Privacy Notice may be updated periodically. On some occasions, we may actively advise you of specific personal information processing activities or significant changes to this Privacy Notice as required by applicable law.
It is important that we maintain up to date records of key information about you. Please notify us of any significant changes in your personal circumstances as soon as they occur (e.g., change of name, address, contact information etc.). From time to time, we may ask you to complete a new personal information form to ensure our records are up to date.
If you have any questions or concerns about this Privacy Notice, please contact us at:
Oberland Capital Management LLC