Introduction
This notice sets forth the privacy policy and practices of TCI Capital Market Ltd. and its affiliates including the Cayman Islands investment funds they manage (“TCI”, “we”, “us” and “our”) with respect to the personal data we receive. This includes personal data provided by or relating to (i) current, former and prospective investors (each, an “Investor”) in the funds for which TCI serves as investment adviser or general partner or in some similar capacity; (ii) employees; and (iii) any other individual whose personal information TCI collects or acquires. In particular, this notice describes (i) the types of personal data TCI may collect and from where TCI may collect such data, (ii) how TCI may use personal data and (iii) the conditions under which TCI may disclose such data to its affiliates and to nonaffiliated third parties. If you are a corporate Investor (including, for these purposes, legal arrangements such as trusts or exempted limited partnerships) that provides us with personal data 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. You should review this Privacy Notice, our Terms and Conditions, and our Cookie Policy carefully because by using our products, services and/or our website (www.tcimarkets.com) you agree to the terms of this Privacy Policy, the Terms and Conditions, and the Cookie Policy. You should also review the fund administrator’s Privacy Notice, where applicable.
The Types of Personal Data That May Be Collected About You and How We Use and Share the Data
For purposes of this Notice, “personal data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Below we categorize the types of such data we have collected in the last 12 months and provide the sources from which that data was collected, why we collected the data and with whom we shared the data. We anticipate continuing to collect such data from the same sources, as well as continuing to use and share it as described herein.
We do not and will not sell personal data to third parties.
Categories of Personal Data We Collected
- Identifiers, such as name, email address, address, phone number, facsimile number, IP address, social security number or other similar identifiers
- Demographic information, such as age, sex, and marital status
- Commercial and financial information, such as records of personal property, products or services purchased, obtained, or considered, information on investments, assets, net worth, tax status, tax identification number, holdings, account balances, transaction history, bank account details and wire transfer instructions
- Internet or other electronic activity information, including information regarding an individual’s IP address and interaction with TCI’s website or emails sent and received to TCI
- Audio, electronic or visual information, such as copies of drivers’ license, passport or other photograph identification
- Professional or employment-related information
- Employee educational information
The Sources from Which We Collected Personal Data
From You When You Provide Information to Us: In order to receive our services or provide services to us, you may provide information to us that we may store in a way that allows us to relate it to you personally, including but not limited to your name, e-mail address, address, phone number, facsimile number, social security number, tax ID and other information. You may provide such personal information by various means, including by responding to questions on our website or contacting us directly via e-mail. TCI may also obtain such personal data when an Investor makes an investment in a TCI fund, provides information in a subscription booklet and related forms, gives contact information, makes a wire transfer, provides government-issued ID, makes an additional contribution to a TCI fund or requests a redemption.
When We Collect or Generate Information About You: In connection with providing services to you, we may produce files as a record of our relationship with you and monitor and record personal information that you provide during telephone and email communications with us to comply with our legal and regulatory requirements.
From Other Sources:
- We may obtain information about you from third parties or other sources, such as the administrator of a fund, public websites, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies and other public sources and information received from your advisers or from intermediaries. This might include information obtained for the purpose of a fund’s know-your-customer procedures (which include anti-money laundering procedures, politically-exposed-person checks and sanctions checks, among other things).
- We may obtain information from your agents and advisers we use to verify your identity or to confirm your eligibility to use our services, in accordance with our legal obligations. Additionally, our website may use “cookies” (small text files stored on your computer’s hard drive by websites that you visit) to check the status of a logged session (i.e., to keep users logged in from page to page). To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org, which will also explain how you can delete cookies that are already stored on your device. However, without certain cookies, you may not have access to many features that may make your browsing of our website smoother, and some of our services may not function properly. We may also collect certain technical information from your computer, for example, the IP address used to connect your computer to the Internet and other computer and connection information.
The Purposes for Which We Collected Personal Data
TCI may use personal data in the course of business, including for the tasks and purposes identified below, as applicable to you:
- Providing Investors certain services, including: Onboarding new Investors and opening accounts, servicing existing accounts, including processing subscriptions, redemptions and transfers, responding to Investor requests and concerns
- Carrying out our obligations arising under our contract with you and to enforce the same
- For offering, providing, and marketing our products and services, connecting individuals with other products and services, and other legitimate business and commercial purposes
- Conducting statistical research or analysis
- Human resources functions, including for performance and talent/practice management
- Verifying or authenticating your identity, including for access to our systems
- Protecting our facilities, systems and personnel; preventing fraud, abuse and crime; responding to emergencies
- Managing and fulfilling legal and regulatory requirements; responding to valid legal requests; and to establish, assert and protect our legal interest
For other purposes in connection with fulfilling our legitimate commercial interests and our general business, administrative, analysis and statistical purposes.
Categories of Entities with Which Personal Data is Shared
TCI does not disclose personal data that it has collected except as permitted by applicable law. In the normal course of its activities, TCI may disclose certain personal data: (i) to affiliates, including, without limitation, affiliated investment advisers; (ii) to nonaffiliated service providers, such as transfer agents, fund administrators, custodians, broker-dealers, accountants and lawyers; (iii) to fraud prevention agencies and law enforcement agencies; (iv) to courts, governmental and non-governmental regulators and ombudsmen; (v) to counterparties in connection with transactions; (vii) to credit reference agencies and other third parties conducting background checks in the context of employment, counterparty, investment or other due diligence; or (vii) as required or permitted by law, including but not limited to comply with a subpoena or similar legal process or government request, or when TCI believes in good faith that disclosure is legally required or TCI has a legitimate interest in making a disclosure, such as where necessary to protect TCI’s rights and property or (viii) where TCI has consent.
Transfer of Personal Data Outside the EEA of Individuals Located in the EEA
For those individuals who are located in the European Economic Area (“EEA”), TCI may disclose such individuals’ personal data to recipients (including affiliates) located in countries outside of the EEA, including in the U.S., which may not have data privacy laws equivalent to those in the EEA. In such a case, TCI will take all necessary steps to ensure the safety of your personal information in accordance with applicable data protection laws. For Investors, by signing the relevant TCI Subscription Booklet, each such Investor consents to the transfer of their personal data to TCI and the other recipients described in this notice that may be located in countries outside of the EEA.
Cayman Islands Data Protection Measures
Any transfer of personal data by us or our duly authorized affiliates and/or delegates outside of the Cayman Islands shall be in accordance with the requirements of the DPL.
We and our duly authorized affiliates and/or delegates shall apply appropriate technical and organizational information security measures designed to protect against unauthorized or unlawful processing of personal data, and against accidental loss or destruction of, or damage to, personal data.
We shall notify you of any personal data 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 data relates.
Rights of Individuals Located in the EEA and Investors in Cayman Islands Investment Funds
Under applicable EU data protection laws and regulations, individuals who are located in the EEA may have a right to: (i) request access to and rectification or erasure of your personal information; (ii) obtain restriction of processing or to object to processing of your personal information; and (iii) request data portability. If you wish to exercise any of these rights you should contact the TCI Legal and Compliance Department at compliance@tcimarkets.com. You also have the right to lodge a complaint about the processing of your personal information with your local data protection authority. Investors in Cayman Islands investment funds have broadly analogous rights under the Data Protection Law, 2017 of the Cayman Islands (“DPL”). Investors in Cayman Islands investment funds also have the right to lodge a complaint under the DPL with the Office of the Ombudsman in the Cayman Islands.
Policies and Practices Regarding the Confidentiality and Security of Such Personal Data
Only TCI employees who need to know such information are authorized to access personal data, and TCI also requires its affiliates and service providers to limit employee access to the data. In addition, TCI has implemented reasonable security policies and procedures designed to safeguard personal data against loss or theft, and against unauthorized access, disclosure, copying, use or modification. TCI retains the personal data of Investors for at least the length of time required by applicable laws, provided that TCI ensures the confidentiality of such personal data and such personal data is only processed as necessary for the purpose(s) specified in the applicable law requiring its storage or as otherwise permitted.
Minors’ Information
This site and our products and services are not directed to minors under the age of 18, nor do we sell information about minors. If we learn that we have erroneously collected personal information of a child under 18, we will take steps to delete such information from our files as soon as possible.
Do-Not-Track Requests
“Do Not Track” signals are options available on your browser to tell operators of websites that you do not wish to have your online activity tracked. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
Third-party links
Please note that our website may contain links to third-party websites, including the fund administrator’s website. Please be aware that we are not responsible for the privacy practices of other websites. Our website offers no guarantees on the safety or suitability of websites featured third-party links, and any user who chooses to follow such links does so at his or her own risk.
Changes to This Privacy Notice
We may revise this Notice at our discretion. We will post any changes to our website and update the “Last Updated” date, so be sure to check back periodically. Your continued use of our website and services after changes have been posted will constitute your acceptance of this Privacy Notice and any changes.
Accessibility
We are committed to ensuring that our communications are accessible to people with disabilities and welcome accessibility-related requests or reports of barriers in respect thereof. Please direct such requests or reports to the address or number below.
Getting In Touch
If you have any questions or comments about this notice, the ways in which we collect and use your personal information, your choices and rights regarding such use, wish to exercise your privacy rights under European or Cayman law, or would like to request changes to any of your personal data, please do not hesitate to contact us at:
Phone: +1.470.363.4080
Email: compliance@tcimarkets.com
Website: www.tcimarkets.com
Attention: Luis Miguel Flores (Chief Compliance Officer)