LAST UPDATED: JANUARY 2021
PATHWAY CAPITAL PRIVACY NOTICE
Pathway Capital Management, LP, Pathway Capital Management (UK) Limited, Pathway Capital Management (HK) Limited, and their respective affiliates, including the investment funds they manage or advise (collectively, “Pathway Capital,” “we,” or “us”) want you to be familiar with how we collect, use, and disclose information. This Privacy Notice applies to our clients, investors, and limited partners, unless as otherwise agreed upon in any contract between you and Pathway Capital. If you are a natural person, this Privacy Notice applies to you directly. If you are a corporate investor (including, for these purposes, legal arrangements such as trusts or exempted limited partnerships) that provides us with information on individuals connected to you for any reason in relation to your investment with us, this will be relevant for those individuals, and you should transmit this document to such individuals or otherwise advise them of its content. If you are a natural person whose subscription to our investment services is to be used primarily for personal, family, or household purposes, or a legal representative of such person (such as an entity that is an “alter ego” of a natural person (e.g., a revocable grantor trust, an individual retirement account or an estate planning vehicle)), please also refer to the privacy notice referenced in your subscription agreement.
This Privacy Notice describes our practices in connection with information that we collect
- through websites operated by us from which you are accessing this Privacy Notice (the “Websites”);
- through or in connection with the provision of investment, advisory, and related services in the operation of our business (“Investment Services”);
- through marketing and business development activities, including events we host and emails that we send (“Marketing Activities”);
- through our social media pages on third-party social media platforms (“Social Media Pages”).
Collectively, we refer to the Websites, Investment Services, Marketing Activities, and Social Media Pages as the “Services.”
“Personal Information” is information that directly or indirectly identifies you as an individual or relates to an identifiable individual. We may collect Personal Information through the Services, including the following:
- Identification Information (e.g., name, ID card and social security numbers, passport number, signature, nationality, place and date of birth, gender, picture)
- Contact Information (e.g., postal address, residential address, email address and telephone number)
- Family Situation
- Tax Information (e.g., tax ID and tax residence)
- Financial Data (e.g., bank account details, source of funds details, investment activity details, credit history, correspondence records)
- Background Data (e.g., information on criminal history and unlawful conduct, as permitted by applicable law)
- Health Information (e.g., if you attend one of our events; dietary restrictions or disabilities)
Collection of Personal Information
We and our service providers collect Personal Information in a variety of ways, including the following:
- Through the Services
We collect Personal Information through the Services, for example, when you sign up for our quarterly reports, complete subscription documents or send us an email.
We collect Personal Information from you offline, such as when you visit our offices or attend one of our events.
- From Other Sources
We receive your Personal Information from other sources when, for example, we evaluate investment opportunities or carry out investment activities. Examples of these other sources include the following:
– Publicly Available Databases
– Placement Agents
– Investment Bankers
We need to collect Personal Information to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.
Use of Personal Information
Funds and separate accounts formed in the Cayman Islands and managed by Pathway Capital Management, LP, are each a “data controller” of Personal Information for purposes of the Data Protection Act, 2017 of the Cayman Islands. Our affiliates and service providers may act as “data processors” on our behalf. We, our affiliates, and our service providers use Personal Information for legitimate business purposes, including:
- Providing the Functionality of the Services and Fulfilling Your Requests
To provide the Services’ functionality to you, such as arranging access to your registered account (including through the Pathway Online Management System or “POMS,” if applicable), managing your investments, and providing you with related customer service
To respond to your inquiries and fulfill your requests when you contact us; for example, to send us questions, suggestions, compliments, or complaints or when you request a quote for our Services or other information about our Services
To send administrative information to you, such as changes to our client contracts, terms, conditions, and policies
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
- Providing You with Our Quarterly Report and/or Other Marketing Materials
To send you marketing-related emails with information about our services, new products, and/or other news about our company, including our quarterly reports
We will engage in this activity with your consent or where we have a legitimate interest.
- Analysis of Personal Information for Business Reporting and for Providing Personalized Services
To better understand you so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests
To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you
We will provide personalized services either with your consent or because we have a legitimate interest.
- Accomplishing Our Business Purposes
For conducting due diligence and evaluating investment opportunities
For data analysis; for example, to improve the efficiency of our Services
For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, and/or contractual requirements
For fraud and security monitoring purposes; for example, to detect and prevent security threats, fraud, or other criminal or malicious activities
For developing new products and services
For enhancing, improving, or modifying our current products and services
For identifying usage trends; for example, understanding which parts of our Services are of most interest to users
For determining the effectiveness of our promotional campaigns so that we can adapt our campaigns to the needs and interests of our users
For operating and expanding our business activities; for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.
- Advancing Our Legitimate Interests
We engage in these activities where necessary for the purposes of our legitimate interests and such interests are not overridden by your interests, fundamental rights or freedoms.
Should we wish to use Personal Information for other specific purposes (including, if applicable, any purpose that requires your consent), we will, to the extent required by applicable law, use reasonable best efforts to contact you.
Disclosure of Personal Information
We disclose Personal Information
- to our affiliates for the purposes described in this Privacy Notice;
You can consult the list and location of our affiliates on Pathway Capital Management, LP’s Form ADV, which may be found here. Such parties may either process Personal Information on our behalf or for their own lawful purposes in connection with services provided to manage your investments.
- to our affiliates and third-party service providers to facilitate services they provide to us;
These can include providers of services such as website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, insurance, auditing, human resources, and other services.
- to certain third parties to perform the Investment Services;
We disclose Personal Information to persons and entities involved in a particular matter on which we are working, including subadvisors, lawyers, barristers, counterparties, experts, mediators, opponents, attorneys, witnesses, administrators, auditors, accountants, bankers, brokers, consultants, AML service providers, tax information exchange service providers and tax professionals.
- to third parties to permit them to send you marketing communications, consistent with your choices.
Other Uses and Disclosures
We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so,
- to comply with applicable law and regulations;
For example, to meet our obligations regarding tax withholdings, anti-money laundering, and FATCA/CRS
Applicable laws can include laws outside your country of residence.
- to cooperate with public and government authorities;
To respond to a request or to provide information we believe is important
These can include authorities outside your country of residence, and they, in turn, may exchange this information with other authorities, including tax authorities.
- to cooperate with law enforcement;
For example, when we respond to law enforcement requests and orders or provide information we believe is important
- for other legal reasons;
To enforce our client contracts, terms, and conditions
To protect our rights, privacy, safety, or property and/or that of our affiliates, you, or others
- in connection with a sale or business transaction.
We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or equity interests (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisers.
“Other Information” is information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as
- browser and device information;
- information collected through cookies, pixel tags, and other technologies;
- demographic information and other information provided by you that does not reveal your specific identity;
- information that has been aggregated in a manner such that it no longer reveals your specific identity.
If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Notice.
Uses and Disclosures of Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
COOKIES AND SIMILAR TECHNOLOGIES
What are Cookies and Similar Technologies?
We also use technologies similar to cookies, such as pixel tags.
What Cookies and Similar Technologies Do We Use?
Below are the different types of cookies and similar technologies that are used on the Websites.
- Essential Cookies—Essential cookies enable you to navigate the Websites and to use their services and features. Without these necessary cookies, the Websites will not perform as smoothly for you as we would like them to, and we may not be able to provide the Websites or certain services or features.
- Preference Cookies—Preference cookies collect information about your choices and preferences and allow us to remember language and other local settings and to customize the Websites accordingly.
- Analytics Cookies—Analytics cookies collect information about your use of the Websites and enable us to improve the way they work. For example, analytics cookies show us the most frequently visited pages on the Websites, help us record any difficulties you have with the Websites, and show us whether our advertising is effective. Analytics cookies allow us to see the overall patterns of usage on the Websites rather than just the usage of a single person. We use the information to analyze Website traffic and do not examine this information for identifying any individual.
- Pixel Tags—Pixel tags (also known as web beacons and clear GIFs) are used to track the actions of users of the Websites, measure the success of our marketing campaigns, and compile statistics about the use of the Websites and response rates, among other things.
- Browser or Device Information—Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, and internet browser type and version. We use this information to ensure that the Websites function properly.
- IP Address—Your IP address is automatically assigned to your computer by your Internet Service Provider. An IP address may be identified and logged automatically in our server log files whenever a user accesses the Websites, along with the time of the visit and the pages visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services. We use IP addresses to calculate usage levels, diagnose server problems, and administer the Services, among other things. We may also derive your approximate location from your IP address.
We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no information transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the Contacting Us section below. We shall notify you, to the extent required by applicable law, of any Personal Information breach that is reasonably likely to result in a risk to the interests, fundamental rights or freedoms of either you or those data subjects to whom the relevant Personal Information relates.
CHOICES AND ACCESS
Your Choices Regarding Our Use and Disclosure of Your Personal Information
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from receiving electronic communications from us. If you no longer want to receive marketing-related emails from us going forward, you may opt out by following the instructions contained in each such email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.
How You Can Access, Change, or Delete Your Personal Information
If you would like to request to review, correct, update, suppress, restrict, or delete Personal Information; to object to the processing of Personal Information; or to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may notify us in accordance with the Contacting Us section below. We will respond to your request consistent with applicable law.
For your protection, we will implement change requests only to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine our retention periods include
- the length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you keep using the Services);
- whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them);
- whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
This Privacy Notice does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Websites link. The inclusion of a link on the Websites does not imply endorsement of the linked site or service by us or by our affiliates.
In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as any social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our Social Media Pages.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.
JURISDICTION AND CROSS-BORDER TRANSFER
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Services, you understand that your information will be transferred to countries outside your country of residence, including to the United States, which may have data protection rules that are different from those of your country.
ADDITIONAL INFORMATION REGARDING THE EUROPEAN ECONOMIC AREA (“EEA”)—Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission, to protect your Personal Information. You may obtain a copy of these measures by clicking here.
ADDITIONAL INFORMATION REGARDING THE CAYMAN ISLANDS—We or our duly authorized affiliates and/or service providers will transfer Personal Information from the Cayman Islands in accordance with the requirements of the Data Protection Act, 2017.
Unless we request it, we ask that you not send us, and that you not disclose, any sensitive Personal Information, such as social security numbers, information related to racial or ethnic origin, political opinions, religious or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership, on or through the Services or otherwise to us.
UPDATES TO THIS PRIVACY NOTICE
The LAST UPDATED legend at the top of this Privacy Notice indicates when this Privacy Notice was last revised. Any changes will become effective when we post the revised Privacy Notice on the Services. Your use of the Services following these changes indicates that you accept the revised Privacy Notice.
If you have any questions about this Privacy Notice, please contact us at email@example.com.
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.
ADDITIONAL INFORMATION REGARDING THE EEA
You may lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
ENGLISH LANGUAGE VERSION DISCLAIMER
If there is any inconsistency between the English version and any other language version of this Privacy Notice, the English version shall prevail.