PRIVACY POLICY/NOTICE

Updated March 2020

Introduction

This notice sets forth the privacy policy and practices of Taconic Capital Advisors L.P. and its affiliates including the Cayman Islands investment funds they manage (“Taconic”, “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 Taconic serves as investment adviser or general partner or in some similar capacity; (ii) employees; and (iii) any other individual whose personal information Taconic collects or acquires.  In particular, this notice describes (i) the types of personal data Taconic may collect and from where Taconic may collect such data, (ii) how Taconic may use personal data and (iii) the conditions under which Taconic 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.taconiccap.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 Taconic’s website or emails sent and received to Taconic
  • 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. Taconic may also obtain such personal data when an Investor makes an investment in a Taconic 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 Taconic 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

 Taconic 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 

Taconic does not disclose personal data that it has collected except as permitted by applicable law.  In the normal course of its activities, Taconic 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 Taconic believes in good faith that disclosure is legally required or Taconic has a legitimate interest in making a disclosure, such as where necessary to protect Taconic’s rights and property or (viii) where Taconic 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”), Taconic 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, Taconic 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 Taconic Subscription Booklet, each such Investor consents to the transfer of their personal data to Taconic 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 Taconic Legal and Compliance Department at legal&compliance@taconiccap.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.

 

Rights of Individuals Located in California

 The California Consumer Privacy Act of 2018 (the “CCPA”) grants individuals resident in California certain rights with respect to their personal data, including, as described below, the right to access or delete their personal data.  These rights are subject to certain limitations, however, such as that they do not apply to personal data about employees, applicants, and contractors, data processed exclusively in the business-to-business context (e.g., information about an individual acting in his or her capacity as a representative of an entity), or data collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach Bliley Act (Public Law 106-102) and its implementing regulations.  Where exceptions to the CCPA apply to a request you submit, we will provide you with an explanation.

Right to request disclosure of data we collect and share about you.  You can submit a request to us for the specific pieces of personal data we have collected about you.

You can also submit a request to us for the categories of personal data that we have disclosed for a business purpose.

Our responses to any of these requests will cover the 12-month period preceding our receipt of the request.

Right to request the deletion of personal data we have collected from you.  Upon request, we will delete the personal data we have collected about you, except for situations where specific data is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; or comply with or exercise rights provided by the law.

The CCPA also permits us to retain specific data for our exclusively internal use, but only in ways that are compatible with the context in which you provided the data to us or that are reasonably aligned with your expectations based on your relationship with us.

How can you make a request to exercise your rights?  To exercise your right to access or delete your personal information, you may call us toll-free at 833-822-6642 or 212-209-3100 or you may email legal&compliance@taconiccap.com.

How we will handle a request to exercise your rights. For requests for access or deletion, we will first acknowledge receipt of your request within 10 days of receipt of your request.  We will provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although it may take longer to process your request under certain circumstances.  If we expect your request is going to take longer than 45 days, we will notify you.

When you make a request to access or delete your personal data, we will take steps to verify your identity.  These steps may include asking you for personal data, such as your name, address, or other data we maintain about you.  If we are unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.  We will notify you to explain the basis of the denial.

There may be some types of personal data that can be associated with a household (a group of people living together in a single home).  Requests for access or deletion of household personal data must be made by each member of the household.  We will verify each member of the household using the verification criteria explained above.  If we are unable to verify the identity of each household member with the degree of certainty required, we will not be able to respond to the request.  We will notify you to explain the basis of our denial.

You may also designate an authorized agent to submit requests on your behalf.  If you do so, you will be required to verify your identity by providing us with certain personal information as described above.  Additionally, we will also require that you provide the agent with written permission to act on your behalf, and we will deny the request if the agent is unable to submit proof to us that you have authorized them to act on your behalf.

If you exercise any of the rights explained in this Notice, we will continue to treat you fairly.

 

Policies and Practices Regarding the Confidentiality and Security of Such Personal Data

Only Taconic employees who need to know such information are authorized to access personal data, and Taconic also requires its affiliates and service providers to limit employee access to the data.  In addition, Taconic 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. Taconic retains the personal data of Investors for at least the length of time required by applicable laws, provided that Taconic 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 on 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, Cayman, or California law, or would like to request changes to any of your personal data, please do not hesitate to contact us at:

 

Phone:  212-209-3100 or toll free at 833-822-6642

Email: legal&compliance@taconiccap.com

Website: www.taconiccap.com

Attention:  Flaurine St Louis (Chief Compliance Officer)