Last Updated: April 2023
Why are you seeing this notice?
- You may provide Personal Data to us, and we may collect, use, store, or otherwise process your Personal Data, in connection with your investment into a fund or other investment vehicle (as applicable, the “Fund”) sponsored, managed or advised by Resmark Equity Partners, LLC or its affiliates (and, where applicable, the general partner of the relevant Fund) (collectively, “Resmark”).
- We want you to understand how and why we collect, use, store and otherwise process your Personal Data when you deal with the Fund Parties (as defined below), including under applicable data protection laws. If this notice (the “Data Privacy Notice”) has been made available to you, you may have certain rights with respect to your Personal Data under applicable data protection laws (including as described in this Data Privacy Notice).
- “Personal Data” has the meaning given to it under data protection laws that apply to our processing of your personal information, and includes any information that relates to, describes, identifies or can be used, directly or indirectly, to identify an individual (such as name, address, date of birth, personal identification numbers, sensitive personal information, and economic information).
- We ask that investors promptly provide the information contained in this Data Privacy Notice (or equivalent information as required under applicable data protection laws)to any individuals whose Personal Data they provide to the Fund Parties (as defined below) in connection with ‘know your client’/anti-money laundering requests or otherwise.
Please read the information below carefully. It explains how and why Personal Data is processed by us.
Who is providing this notice?
- 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 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, each Fund Party that decides how and why Personal Data is processed acts as a “data controller”. In simple terms, this means that the Fund Party controls 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 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 data controller.
What Personal Data do we collect about you?
The types of Personal Data that we collect and disclose 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, 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);
- Professional or employment-related information (e.g., current or past job history); and
- 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).
- Certain sensitive Personal Data including social security, driver’s license, state identification care, or passport numbers, account log-in, financial account in combination with any required security or access code password, or credentials allowing access to an account only.
We do not collect or use sensitive Personal Data other than:
- 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 do we obtain your Personal Data?
We collect, and have collected, Personal Data about you from a number of sources, including from you directly:
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.
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
Why do we process your Personal Data?
We may process or disclose your Personal Data for the following reasons:
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 resulting 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 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
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
- Carry out surveillance and investigations
- Prevent and detect fraud
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
- Assess and process any applications or requests made by you
- 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, regulatory, and other legal compliance requirements
- 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
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.
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.
Monitoring as described in ‘Legitimate Interests’ above
We monitor communications where the law requires us to do so. We will also monitor where we are required to do so to comply with regulatory rules and practices and, where we are permitted to do so, to protect our business and the security of our systems.
Who we disclose your Personal Data with
Your Personal Data may be disclosed to:
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
- 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)
- Delivering and facilitating the services needed to support our business relationship with you (including cloud services)
- Supporting and administering investment-related activities
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 may have disclosed Personal Data listed in any of the categories in “What Personal Data do we collect about you?” above to any of the third party categories listed in the above chart and for a business purpose (in particular, as described in this section).
We have not shared for the purpose of cross-context behavioral advertising or sold Personal Data in the 12 months preceding the date of this Data Privacy Notice.
Do you have to provide the Personal Data that we request?
Where we collect Personal Data from you, we will indicate if:
- Provision of the Personal Data is necessary for our compliance with a legal obligation; or
- It is purely voluntary and there are any implications for you if you do not wish to provide us with it.
Some of the Personal Data that we request is necessary for us to perform our contract with you and if you do not wish to provide us with this Personal Data, it will affect our ability to provide our services to you and manage your investment.
Sending your Personal Data Internationally
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 EU, or another country which imposes data transfer restrictions outside of its territory, please note that this may include transferring your Personal Data outside of the UK and the European Economic Area (“EEA”) or that geographical area, to those countries in which our affiliates, group members, service providers and business partners operate (including the U.S.). Those countries 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, to other members of our group, our service providers or another third party recipient, 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 and comply with applicable data protection law (including, where appropriate, under an agreement on terms approved for this purpose by the European Commission, the U.K. 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.
Consent – and Your Right to Withdraw It
Except as may otherwise be required by local law, we do not generally rely on obtaining your consent to process your Personal Data. If we do 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 email@example.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. 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).
Security, Retention and Deletion of your Personal Data
We employ appropriate technical and organizational measures, including robust physical, electronic and procedural safeguards to protect Personal Data in our possession or under our control.
We keep your Personal Data for as long as it is required by us for our legitimate business purposes, to perform our contractual obligations or, where longer, such longer period as is required by law or regulatory obligations which apply to us. We will generally retain Personal Data about you throughout the life cycle of any investment you are involved in. However, some Personal Data may also be retained after your relationship with us ends.
You may, subject to certain limitations, have data protection rights depending on the data protection laws that apply to our processing of your Personal Data, including the right to:
- Access and receive a copy of your Personal Data, 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 (the “Processing Information”)
- Restrict the use of your Personal Data in certain circumstances, including to request that you are not subject to any automated decision-making
- Have incomplete or inaccurate Personal Data corrected
- Ask us to stop processing your Personal Data
- Require us to delete your Personal Data in some limited circumstances
You also have the right in some circumstances to request us to “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.
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 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 with 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. You can also lodge a complaint about our processing of your Personal Data with the body regulating data protection in your country.
Concerns or Queries
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.
Please contact us if you have any questions about this Data Privacy Notice or the Personal Data we hold about you, or if you would like to exercise any of your rights in respect of the Personal Data.
If you are a California resident and submitting a request under California privacy law, we will contact you to confirm receipt of your request and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information or your investor portal access credentials, if applicable in order to verify your request. You may designate an authorized agent to make a request under California privacy laws on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above. If we request you verify your request and we do not receive your response, we will pause processing your request until such verification is received.
Contact us by calling us at (310) 474-8400, email at firstname.lastname@example.org or access our web form at resmark.com/contact.
You can write us at:
Resmark Equity Partners, LLC
Attn: Corporate Administration
10880 Wilshire Boulevard, Suite 1420
Los Angeles, California 90024
Changes to this Data Privacy Notice
We keep this Data Privacy Notice under regular review. We indicate at the top of the Data Privacy Notice when it was most recently updated. Please check regularly for any updates at our website resmark.com/privacysecurity.