Investor Data Privacy

• For transparency, the Resmark entities on whose behalf this privacy statement is made are: (i) the Fund; (ii) where applicable, the Resmark general partner, manager and/or investment adviser of the relevant Fund, their affiliates, and, in each case, their administrators, legal and other advisors, representatives and agents, with which you contract, transact or otherwise disclose Personal Data (together, the “Fund Parties”).
• Where we use the terms “we”, “us” and “our” in this Data Privacy Notice, we are referring to the Fund Parties.
• We welcome investors and their representatives to contact us if they have any queries with respect to processing of Personal Data by the Fund Parties (in particular, which Fund Parties are relevant to their relationship with Resmark). If you have any queries, please see the ‘Contact Us’.

When you provide us with your Personal Data, one or more of the Fund Parties decides how and why Personal Data is processed. For the purposes of applicable European Economic Area (“EEA”), European Union (“EU”) or United Kingdom (“UK”) data protection laws, including the General Data Protection Regulation (EU) 2016/679 and the UK equivalent of the EU GDPR, (collectively, “European Privacy Laws”), each such Fund Party will act as a “controller”.

In simple terms, this means that such Fund Parties control the Personal Data that they or another Fund Party collects from you or other sources and makes certain decisions on how to use and protect your Personal Data – but only to the extent that we have informed you about such use or are otherwise permitted to process your Personal Data by applicable law.

Where your Personal Data is processed by an entity controlled by, or under common control with, the Resmark entity/ies managing a Fund for its own purposes, this entity will also be a controller.

The types of Personal Data that we collect and process depends on the product or service you have with us and the nature of your investment.

The Personal Data collected about you will help us to provide you with a better service and facilitate our business relationship.  We may combine Personal Data that you provide to us with Personal Data that we collect from you, or about you from other sources, in some circumstances. This will include Personal Data collected in an online or offline context.

As a result of our relationship with you as an investor, we process, and (for the purposes of applicable data protection laws) in the past 12 months we may have collected, Personal Data concerning you in the following categories:

• Identifiers (e.g., real name, alias, address, email address, citizenship and location of residence social security or driver’s license number, government ID, signature, telephone number, education, employment, employment history, financial information, including tax-related information/codes and bank account details, information used for monitoring and background checks to comply with laws and regulations, including ‘know your client’, anti-money laundering, and sanctions checks (including passport and other verification documentation), online registration details, and other contact information);
• Sensitive/protected characteristic information, which may include “special category data” as defined under applicable data protection laws (e.g., age/date of birth, nationality, citizenship, country of residence, gender, and other information used to comply with laws and regulations);
• Commercial information (e.g., assets, income, risk tolerance, transaction and investment history, and experience, investment activity, accounts at other institutions, financial positions/returns, information concerning source of funds and any applicable restrictions on your investment such as political exposure or sanctions, information regarding your interest in an investment vehicle, including ownership percentage, capital investment, income and loss);
• Internet or other network activity (e.g., browsing or search history, information regarding interaction with an internet website, application, or advertisement, online identifiers such as cookies);
• Sensory and surveillance data (e.g., recordings of telephone calls where permitted or required by law, video (surveillance) recordings, closed-circuit television (CCTV) images and recordings, and other records of your interactions with us or our service providers, including electronic communications);
• Inferences drawn from other Personal Data (e.g., profiles reflecting preferences and trends, based on information such as assets, investment experience, risk tolerance, investment activity, and transaction history); and 
• Certain sensitive or special category Personal Data including social security, driver’s license, state identification care, or passport numbers, personal data relating to political opinions as well as criminal convictions and offences, account log-in, financial account in combination with any required security or access code password, or credentials allowing access to an account only.

For California residents, the categories of Personal Data we have collected from California residents over the last twelve (12) months include the following categories:

We may collect, and have collected, Personal Data about you from a number of sources, including:

(i) Personal Data collected from you directly

• From the forms and any associated documentation that you complete when subscribing for an investment (including subscription agreements, investor questionnaires, application and other related forms), including your name, address, date of birth, passport details or other national identifier, driving license, your national insurance or social security number and income, employment information and details about your investment or retirement portfolio(s), and financial-related data (such as returns and financial positions) and any anti-money laundering identification and verification documentation
• When you provide it to us in correspondence and conversations, including electronic communications such as email and telephone calls
• When you interact with our online platforms and websites
• From cookies, web beacons, and similar interactions when you or your devices access our sites
• When we need to identify you and/or complete necessary security checks, where you visit one of our buildings or attend meetings. This can include form of ID, and your image for CCTV purposes.

(ii) Personal Data that we collect about you from others

• Publicly available and accessible directories and sources
• Bankruptcy registers
• Tax authorities, including those that are based outside the territory in which you are located or domiciled, including the Cayman Islands, the United Kingdom (UK) and the European Economic Area (EEA), if you are subject to tax in another jurisdiction
• Governmental and competent regulatory authorities to whom we have regulatory obligations
• Credit agencies
• Fraud prevention and detection agencies / organizations
• Transaction counterparties

We may process or disclose your Personal Data described in this Data Privacy Notice to the extent necessary for the following purposes:

(i) Contract

It is necessary to perform our contract with you, including to:

• Facilitate administrative processes (and related communication) carried out between the Fund Parties in preparing for the admission of investors to our Funds, including ongoing communication with potential investors, their representatives, advisors and agents (including the negotiation, preparation and signature of documentation)
• Administer, manage and set up your investor account(s) to allow you to purchase your holding (of shares or interests) in our Funds
• Meet the contractual obligations we have to you, including the ongoing administrative, accounting, reporting and other processes and communication required to operate the business of our Funds (including any website, data rooms and/or portals) in accordance with the applicable documentation
• Facilitate the execution continuation or termination of the contractual relationship between you and the Fund
• Facilitate the transfer of funds, and administering and facilitating any other transaction, between you and the Fund
• Enable any actual or proposed assignee or transferee, participant or sub-participant of the Fund to evaluate proposed transactions and facilitate business asset transactions involving the Fund. 

(ii) Compliance with law

It is necessary for compliance with an applicable legal or regulatory obligation to which we are subject, including, without limitation, in order to:

• Undertake our client and investor due diligence, and on-boarding checks
• Carry out verification, ‘know your client’, terrorist financing, sanctions, anti-money laundering checks and other required checks under related laws and regulations
• Comply with requests from regulatory, governmental, tax and law enforcement authorities, and in connection with juridical proceedings
• Monitor communications between you and the Fund Parties to comply with regulatory rules and practices 
• Prevent, detect and investigate fraud

(iii) Legitimate Interests

For our legitimate interests or those of a third party (such as a transaction counterparty or lender), including to:

• Manage and administer your holding in any Funds in which you are invested, and any related accounts on an ongoing basis
• Enable any actual or proposed assignee or transferee, participant or sub-participant of the Fund to evaluate proposed transactions and facilitate business asset transactions involving the Fund 
• Assess and process any applications or requests made by you, including assessing your suitability in being admitted to the Fund
• Send updates, information and notices or otherwise correspond with you in connection with your investment
• Address or investigate any complaints, claims, proceedings or disputes
• Comply with applicable prudential and regulatory obligations, including anti-money laundering, sanctions and ‘know your client’ checks
• Manage our risk and operations
• Comply with our accounting, tax-reporting and other internal compliance requirements
• Monitoring communications between investors and the Fund Parties, where permitted to do so, to protect the Fund Parties’ respective businesses and the security of their respective systems
• Protect our business against fraud, breach of confidence, theft of proprietary materials, and other financial or business crimes (to the extent that this is not required of us by law)
• Seek professional advice, including legal advice
• Keep investors informed about the business of the Fund Parties, including offering opportunities to make investments other than in our Funds
• To facilitate business asset and/or similar transactions involving any Fund Parties and/or Fund Party-related vehicles. including due diligence carried out in connection with an actual or prospective corporate transaction or investment with respect to which we are party to (including a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
• For any other purpose for which you have consented to or which we provide written notice at the time of collection.

With respect to sensitive or special category Personal Data, and except where European Privacy laws apply, we will only process it for the purposes of:

• To perform services, or provide goods, as would reasonably be expected by an average consumer who requests those goods or services;
• As reasonably necessary and proportionate to detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Data;
• As reasonably necessary and proportionate to resist malicious, deceptive, fraudulent, or illegal actions directed at us and to prosecute those responsible for such actions;
• For short-term, transient use (but not in a manner that discloses such information to another third party or is used to build a profile of you or otherwise alter your experience outside of your current interaction with us);
• To perform services on behalf of our business;
• To verify or maintain the quality or safety of a service or to improve, upgrade, or enhance such service or device; and
• To collect or process sensitive Personal Data where such collection or processing is not for the purpose of inferring characteristics about a consumer.

Where European Privacy Laws apply, we will only process your special category Personal Data where you have provided your explicit consent for the particular purpose(s), or on the basis of the Personal Data having been made manifestly public by the data subject.

From time to time, a Fund Party may need to process your Personal Data on other legal bases, including: with consent; if it is necessary to protect the vital interests of a potential investor or other data subjects; or if it is necessary for a task carried out in the public interest. In addition, personal data of investors may be processed and controlled irrespective of whether such potential investor is admitted to the Fund as an actual investor.

Failure to provide the Personal Data requested to fulfil the purposes described in this Data Privacy Notice may result in the applicable Fund Party being unable to provide the services in connection with the Funds.

In addition to disclosing personal data amongst themselves, your Personal Data may be disclosed by any of the Fund Parties, where permitted by applicable data protection law, to other investors, our service providers, employees, agents, contractors, consultants, lawyers and professional advisers, auditors, lenders, processors, and persons employed and/or retained by them, regulators and governmental authorities, and other third parties in order to fulfil the purposes described in this Data Privacy Notice. In particular, this includes to:

(i) Fund Associates
We disclose your Personal Data with our associates, related parties and members of our group (including their employees, contractors and agents). This is:

• To manage our relationship with you
• To carry out anti-money laundering, ‘know your client’, and other compliance checks required of them under applicable laws and regulations
• For the purposes set out in this Data Privacy Notice

(ii) Government Authorities

• To comply with applicable laws and regulations
• Where required or requested by tax authorities in the territory in which you are located or domiciled (in particular, Cayman Island or UK/EEA tax authorities) who, in turn, may disclose your Personal Data with foreign tax authorities
• Where required or requested by government authorities, including outside of the territory in which you are located or domiciled (including outside the Cayman Islands or UK/EEA)

(iii) Service Providers

• Delivering and facilitating the services needed to support our business relationship with you (including cloud services)
• Supporting and administering investment-related activities

(iv) Our Lawyers, Auditors and other Professional Advisers

• Providing you with investment-related services
• To comply with applicable legal and regulatory requirements

For California residents, in the preceding 12 months, we have disclosed Personal Data collected from you for a business purpose to the categories of third parties indicated in the chart below. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

We do not share (i.e., disclose to a third party for the purpose of cross-context behavioral advertising) or sell (as such terms are defined in the CCPA) any of the Personal Data we collect about you to third parties.

We may transfer your Personal Data between different countries to recipients in countries other than the country in which the information was originally collected (including to our affiliates and group members, members of the Fund’s partnership, transaction counterparties, and third-party service providers) to fulfil the purposes described in this Data Privacy Notice. Where you are based in the UK, the EEA, or another country which imposes data transfer restrictions outside of its territory, please note that this may include transferring your Personal Data outside that geographical area, including to the U.S., or other countries that may not have the same data protection laws as the country in which you initially provided the information.

Where we transfer Personal Data outside of the UK, the EEA, or other territories subject to data transfer restrictions, we will ensure that our arrangements with them are governed by adequate data transfer agreements or appropriate safeguards, designed to ensure that your Personal Data is protected to the extent required to comply with applicable data protection law (including, where applicable, under an agreement on terms approved for this purpose by the European Commission, the UK Government, or other relevant authority, or by obtaining your consent).

Please contact us if you would like to know more about the safeguards applied to such transfers. Please see the ‘Contact Us’ section for details.

If we  rely on consent for processing of your Personal Data, you have the right to withdraw this consent at any time. Please contact us or send us an email at info@resmark.com at any time if you wish to do so.  Please see the “Contact Us” section for details. Where required by applicable law, we will obtain your consent for the processing of your Personal Data for direct marketing purposes or we may do so based on our legitimate business interests where we have an existing relationship with you and we wish to contact you about similar products or services in which you may be interested. If you do receive direct marketing communications from us (for example, by post, email, fax or telephone), you may opt-out by clicking the link in the relevant communication, completing the forms provided to you (where relevant), or by contacting us (see the ‘Contact Us’ section for details).

We employ appropriate technical and organizational measures taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity of investor’s rights, including robust physical, electronic and procedural safeguards designed to protect Personal Data in our possession or under our control.

We review the Personal Data we hold periodically and delete (or fully anonymize) it securely. We keep your Personal Data for as long as it is required by us for the purpose(s) it was collected, provided that we may retain your Personal Data to the extent required to comply with applicable law or regulatory obligations which apply to us, or where necessary to defend or pursue legal claims. We will retain Personal Data about you throughout the life cycle of any investment you are involved in. Some Personal Data may also be retained after your relationship with us ends, where we will apply the same policies that apply to current investors.

You may, subject to certain limitations, have data protection rights in connection with the Personal Data we collect from you, depending on the data protection laws that apply to our processing of your Personal Data, including as set out below.

(i) Rights under European Privacy Laws

To the extent European Privacy Laws apply (and subject to certain limitations under the European Privacy Laws), these rights may include:

• Right of access. You may have a right to access and receive a copy of your Personal Data that we hold about you, and obtain related information about the processing of your Personal Data, including the purpose for processing the Personal Data, the categories of recipients of that Personal Data, the safeguards in place to the extent that such Personal Data has been transferred internationally, and, where the Personal Data has not been collected directly from you, the source.
• Right of objection and restriction. You have the right to object to processing and request restriction of the processing: (i) for direct marketing; (ii) for research or statistical purposes; or (iii) where processing is based on legitimate interests, unless the relevant Fund Party demonstrates compelling legitimate grounds for the processing. 
• Right of correction. You may notify us of changes to your Personal Data if the information we hold and process about you is  incomplete or inaccurate.
• Right to withdraw consent. Where provided by law, you may withdraw any consent you previously provided to us and we will apply your preferences going forward. This will not affect the lawfulness of processing based on consent before its withdrawal.
• Right of deletion. If you think that we should not be holding or processing your Personal Data anymore or (where applicable) you withdraw your consent, you may require us to delete your Personal Data in some limited circumstances. 
• Automated decision making. You have the right not to be subject to solely automated decision-making (where it produces an adverse legal effect or significantly affects you);
• Right of data portability. You also have the right in some limited circumstances to request us to transfer or “port” your Personal Data in a portable, re-usable format to other organizations (where this is possible).

We review and verify requests to protect your Personal Data, and will action data protection requests fairly and in accordance with applicable data protection laws and principles. If you have requested a copy of your personal data, we may request that you pay a “reasonable fee,” if we think that your request is excessive, to help us cover the costs of locating the information that you have requested.

Please note that the right to erasure is not absolute and it may not always be possible to erase Personal Data on request, including where the Personal Data must be retained to comply with a legal obligation. In addition, erasure of the Personal Data requested to fulfil the purposes described in this Data Privacy Notice may result in the inability to provide the services or manage your investment.

(ii) Rights for California residents

California residents have the following rights:

• Deletion Rights: You have the right to request that we delete any of your Personal Data that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.
• Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of Personal Data specific to you. Such information includes:
  • The categories of Personal Data we collected about you;
  • The categories of sources from which the Personal Data is collected;
  • Our business or commercial purpose for collecting such Personal Data;
  • Categories of third parties to whom we disclose the Personal Data;
  • The specific pieces of Personal Data we have collected about you; and
  • Whether we disclosed your Personal Data to a third party, and if so, the categories of Personal Data that each recipient obtained.
• Correction Right: You have the right to request that we correct any inaccuracies in the Personal Data that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.
• No Discrimination: We will not discriminate against you for exercising your rights under California privacy laws, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

If you wish to exercise any of these rights, please see the ‘Contact Us’ section for details.  

(iii) Complaints

In addition to the above rights, you can also lodge a complaint about our processing of your Personal Data with the body regulating data protection in your country. We would, however, appreciate the opportunity to address your concerns before you approach the relevant supervisory authority, so please contact us in the first instance.

We take your concerns very seriously. We encourage you to bring to our attention any concerns you have about our processing of your Personal Data. This Data Privacy Notice was drafted with simplicity and clarity in mind. We are, of course, happy to provide any further information or explanation needed. Please see the ‘Contact Us’ section for details.

Please also contact us via any of the contact methods listed below if you have a disability and require an alternative format of this Data Privacy Notice.