Privacy Policy
Last Updated: May 12th, 2023
Why are you seeing this notice?
§ You may need to provide Personal Data to us as part of your investment into a fund or other investment vehicle (as applicable, the Fund) managed or advised by investment advisers or management companies that are subsidiaries of Hashnote Management LLC or its affiliates (and, where applicable, the general partner of the relevant Fund) (collectively, Hashnote).
§ We want you to understand how and why we use, store, and otherwise process your Personal Data when you deal with us or our relevant affiliates (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 to any individuals whose Personal Data they provide to the Fund or its affiliates 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?
Hashnote is committed to protecting and respecting your privacy. For transparency, the Hashnote entities on whose behalf this privacy statement is made are (i) the Fund; and (ii) where applicable, the Hashnote general partner, manager and/or investment adviser of the relevant Fund, in each case, with which you contract, transact or otherwise share 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 and the Fund Parties.
§ Please consult your subscription documents, private placement memorandum or other offering documentation provided to you by or on behalf of the Fund Parties which will further specify the entities and contact details of the Fund Parties relevant to our relationship with you.
§ We welcome investors and their representatives to contact us if they have any queries with respect to the Fund Parties (in particular, which Fund Parties are relevant to their relationship with Hashnote).
When you provide us with your Personal Data, each Fund Party that decides how and why Personal Data is processed may be acting as a “data controller”. In simple terms, this means that the Fund Party makes certain decisions on how to use and protect your Personal Data – but only to the extent that we have informed you about the use or are otherwise permitted by law.
Where your Personal Data is processed by an entity controlled by, or under common control with, the Hashnote 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 share 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, postal address, email address, social security or driver’s licence 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, online registration details, and other contact information);
§ Sensitive/protected characteristic information (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, transaction and investment history, 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);
§ 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 information (e.g., profiles reflecting preferences and trends, based on information such as assets, investment experience, risk tolerance, investment activity, and transaction history).
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:
What
Personal Data that you give us
How
§ From the forms and any associated documentation that you complete when subscribing for an investment, shares, interests, and/or opening an account with us. This can include information about 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)
§ When you provide it to us in correspondence and conversations, including electronic communications such as email and telephone calls
§ When you make transactions with respect to the Fund
§ When you interact with our online platforms and websites
§ When you purchase securities from us and/or tell us where to send money
§ From cookies, web beacons, and similar interactions when you or your devices access our sites
Personal Data that we obtain from others
We obtain Personal Data from:
§ 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:
Why
Contract
How
It is necessary to perform our contract with you to:
§ 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
§ Facilitate the 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
Compliance with law
It is necessary for compliance with an applicable legal or regulatory obligation to which we are subject, in order to:
§ Undertake our client and investor due diligence, and on-boarding checks
§ Carry out verification, ‘know your client’, terrorist financing, sanctions, and anti-money laundering checks
§ Verify the identity and addresses of our investors (and, if applicable, their beneficial owners)
§ Comply with requests from regulatory, governmental, tax and law enforcement authorities
§ Carry out surveillance and investigations
§ Carry out audit checks
§ Maintain statutory registers
§ Prevent and detect fraud
§ Comply with sanctions requirements
Legitimate Interests
For our legitimate interests or those of a third party (such as a transaction counterparty or lender) 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
§ Open, maintain or close accounts in connection with your investment in, or withdrawal from, the Fund scheme
§ Send updates, information and notices or otherwise correspond with you in connection with your investment in the Fund scheme
§ Address or investigate any complaints, claims, proceedings or disputes
§ Provide you with, and inform you about, our investment products and services
§ Monitor and improve our relationships with investors
§ Comply with applicable prudential and regulatory obligations, including anti-money laundering, sanctions and ‘know your client’ checks
§ Assist our transaction counterparties to comply with their regulatory and legal obligations (including anti-money laundering, ‘know your client’, terrorist financing, and sanctions checks)
§ Manage our risk and operations
§ Comply with our accounting and tax-reporting requirements
§ Comply with our audit requirements
§ Assist with internal compliance with our policies and processes
§ Ensure appropriate group management and governance
§ Keep our internal records
§ Prepare reports on incidents/accidents
§ 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)
§ Analyze and manage commercial risks
§ Seek professional advice, including legal advice
§ Enable any actual or proposed assignee or transferee, participant or sub-participant of the partnership’s or Fund vehicles’ rights or obligations to evaluate proposed transactions
§ Facilitate business asset transactions involving the Fund partnership or Fund-related vehicles
§ Monitor communications to/from us using our systems
§ Protect the security and integrity of our information technology systems
§ Protect the security and safety of our buildings and locations where we operate
§ Operate, run, and schedule online meetings, webinars and conferences (for example, using Zoom and other online meeting platforms)
§ Manage our financing arrangements with our financiers and financing transaction counterparties, including payment providers, intermediaries, and correspondent/agent banks
§ Monitor the operation of Fund distribution platforms, where these are operated by third parties or service providers
We only rely on these interests where we have considered that, on balance, the legitimate interests are not overridden by your interests, fundamental rights or freedoms.
Who we share your Personal Data With
Your Personal Data will be shared with:
Who
Fund Associates
Why
We share your Personal Data with our associates, related parties and members of our group. This is:
§ To manage our relationship with you
§ For the legitimate interests of a third party in carrying 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
Fund Managers, Depositories, Administrators, Custodians, Distributors, Investment Advisers
§ Delivering the services you require
§ Managing your investment
§ Supporting and administering investment-related activities
§ Complying with applicable investment, anti-money laundering and other laws and regulations
Tax 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 share your Personal Data with foreign tax authorities
§ Where required or requested by foreign tax authorities, including outside of the territory in which you are located or domiciled (including outside the Cayman Islands or UK/EEA)
Service Providers
§ Delivering and facilitating the services needed to support our business relationship with you (including cloud services)
§ Supporting and administering investment-related activities
§ Where disclosure to the service provider is considered necessary to support Hashnote with the purposes described in section 5 of this Data Privacy Notice
Financing Counterparties, Lenders, Correspondent and Agent Banks
§ Assisting these transaction counterparties with regulatory checks, such as ‘know your client’, and anti-money laundering procedures
§ Sourcing credit for Fund-related entities in the course of our transactions and fund life cycles
Our Lawyers, Auditors and other Professional Advisers
§ Providing you with investment-related services
§ To comply with applicable legal and regulatory requirements
§ Supporting Hashnote with the purposes described in section 5 of this Data Privacy Notice
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 share your Personal Data With
Your Personal Data will be shared with:
In exceptional circumstances, we will share your Personal Data with:
§ Competent regulatory, prosecuting and other governmental agencies or litigation counterparties, in any country or territory; and
§ Other organizations and agencies – where we are required to do so by law.
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 for a business purpose (in particular, as described in this section).
We have not sold Personal Data in the 12 months preceding the date of this Data Privacy Notice.
Do you have to provide us with this Personal Data?
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 no implications for you if you do not wish to provide us with it.
Unless otherwise indicated, you should assume that we require the Personal Data for business and/or compliance purposes.
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). Where you are based in the UK, the EU, or another country which imposes data transfer restrictions outside of its territory, this includes transfers 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. 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 data transfer agreements or appropriate safeguards, designed to ensure that your Personal Data is protected as required under applicable data protection law (including, where appropriate, under an agreement on terms approved for this purpose by the European Commission or by obtaining your consent).
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. In particular, we do not generally rely on obtaining your consent where our processing of your Personal Data is subject only to the data protection laws of
the UK/EEA (in these circumstances we will usually rely on another legal basis more appropriate in the circumstances, including those set out in “Why do we process your Personal Data?” above). 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 legal@hashnote.com at any time if you wish to do so.
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).
Retention and Deletion of your Personal Data
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 or permitted 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; and
§ Retain some Personal Data after your relationship with us ends.
As a general principle, we do not retain your Personal Data for longer than we need it.
We will usually delete your Personal Data (at the latest) after you cease to be an investor in any fund and there is no longer any legal / regulatory requirement, or business purpose, for retaining your Personal Data.
Your Rights
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 your Personal Data, and some related information, including the purpose for processing the Personal Data, the categories of recipients of that Personal Data to the extent that it has been transferred internationally, and, where the Personal Data has not been collected directly from you, the source (the category information)
§ Restrict the use of your Personal Data in certain circumstances
§ 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).
California residents may also request certain information about our disclosure of Personal Data during the prior year, including category information (as defined above).
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 wish to exercise any of these rights, please see the ‘Contact Us’ section for details.
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.
If you want to make a complaint with respect to a Fund incorporated in the Cayman Islands, you can also contact the Cayman Islands Ombudsman (available at: https://ombudsman.ky)
Contact Us
Please contact us if you have any questions about this Data Privacy Notice or the Personal Data we hold about you.
Contact us by email at legal@hashnote.com.
Changes to this Data Privacy Notice
We keep this Data Privacy Notice under regular review. Please check regularly for any updates at our investor portal.
