Privacy Notice

FACTS WHAT DOES ADVISER ARP (“ARP”) DO WITH YOUR PERSONAL INFORMATION?
WHY? This Privacy Notice is directed to individuals/clients whose personal data we or our third party processors handle in the course of carrying on our commercial activities, including an investor in ARP, a member, partner, trustee, shareholder, beneficial owner, officer, director, employee or other representative of any client of ARP and any investor in ARP, including any prospective client or investor. Such personal data may be provided to us directly by client as an individual. Where client is an entity it may provide us with personal data on individuals connected to entity, this Privacy Notice will be relevant for those individuals and client should transmit this document to such individuals or otherwise advise them of its contents.

ARP is responsible for ensuring that we use your personal data in compliance with applicable data protection law. This Privacy Notice sets out the basis on which any personal data about you will be processed by us.

Purpose of Processing and Legal Basis for Processing

The clients personal data may be processed by ARP (or any of its affiliates, agents, delegates or sub-contractors) for the following purposes which are necessary for performance of clients contract with us:

  • Managing and administering clients’ holdings in ARP, including assessing and processing subscription applications, communicating with clients about their holdings and account related activities on an on-going basis;
  • To update and maintain records and provide net asset value and other calculations (as applicable);
  • To manage and maintain our relationship with clients for ongoing customer service;
  • To enforce or defend ARP’s rights either directly through ARP or through third parties to whom it delegates such responsibilities;
  • To comply with any applicable legal, tax or regulatory obligations of ARP, including those that derive from anti-money laundering and counter-terrorism legislation; and
  • To communicate with clients and prospective clients in order to provide information about ARP and other products and services.

The clients personal data may be processed by ARP (or any of its affiliates, agents, delegates or sub-contractors) for the following purposes in order to enable us to comply its legal or regulatory obligations:

  • In order to carry out anti-money laundering checks and related actions including sharing clients personal data with police, law enforcement, tax or regulatory authorities, or other government agencies where we have a legal obligation, including screening transactions, reporting suspicious activity and complying with production and court orders;
  • To report tax related information to tax authorities, including the automatic exchange of tax information;
  • To investigate and resolve complaints and manage contentious regulatory matters, investigations and litigation; and
  • To monitor electronic communications for investigation and fraud prevention purposes, crime detection, prevention and investigation.

In pursuance of our legitimate interests, or those of a third party to whom clients personal data is disclosed, including:

  • Complying with a legal, tax, accounting or regulatory obligation to which we or the third party are subject;
  • Assessing and processing requests clients make;
  • Sending updates, information and notices or otherwise corresponding with clients in connection with client holdings or interests in ARP;
  • Investigating any complaints, or pursuing or defending any claims, proceedings or disputes;
  • Providing clients with, and informing clients about products and services;
  • Managing our risk and operations;
  • Complying with audit requirements;
  • Ensuring internal compliance with our policies and procedures;
  • Protecting ARP against fraud, breach of confidence or theft of proprietary materials;
  • Seeking professional advice, including legal advice;
  • Where applicable, facilitating business asset transactions involving ARP or related entities;
  • Monitoring communications to or from us (where permitted by law); and
  • Protecting the security and integrity of our information technology systems.
WHAT? Information that client provide to ARP: the nature of our relationship with client will determine the kind of personal data we might ask for, though such information may include (by way of a non-exhaustive list):

  • Social security number
  • Basic personal data
  • Income
  • Assets
  • Risk tolerance
  • Wire transfer instructions
  • Transaction history

Information that we collect or generate about client: files that we may produce as a record of our relationship with our clients and prospective clients, including contact history, and any personal data that clients provide during communications with us.

Information that we obtain from other sources: this includes information from publicly available sources, information from the transfer agents or administrators or financial intermediaries, platforms, professional advisers, and information obtained from sanctions checking and background screening.

HOW? All financial companies need to share clients’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their clients’ personal information; the reasons ARP chooses to share; We may share clients personal data with our affiliates, agent, delegates and sub-contractors. In certain circumstances we may be legally obliged to share clients personal data and other financial information with respect to clients interest in ARP with relevant regulatory authorities such as the Cayman Islands Monetary Authority or the Tax Information Authority. They, in turn, may exchange this information with foreign authorities, including tax authorities and other applicable regulatory authorities.

ARP’s affiliates, agents, delegates and sub-contractors may process clients personal data on ARP’s behalf, including with our banks, accountants, auditors and lawyers which may be data controllers in their own right. ARP’s services providers, such as the Service Provider, are generally processors acting on the instructions of the Entity. Additionally, a service provider may use clients personal data where this is necessary for compliance with a legal obligation to which it is directly subject (for example, to comply with applicable law in the area of anti-money laundering and counter terrorist financing or where mandated by a court order or regulatory sanction). The service provider, in respect of this specific use of personal data, acts as a data controller.

In exceptional circumstances, we will share clients personal data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened) in any country or territory.

Recipients of Data and International Transfer of Data

ARP may disclose clients personal data as follows:

  • To our business partners who will be subject to appropriate data protection obligations;
  • To their affiliates and third party service providers engaged in connection with the oversight, safekeeping, administration, distribution or operation of ARP, in order to process the data for the above mentioned purposes;
  • To competent authorities (including tax authorities), courts and bodies as required by applicable law or requested by such entities or to affiliates for internal investigations and reporting.

The disclosure of personal data to the third parties set out above may involve the transfer of data to jurisdictions outside clients country of residence for processing. Where ARP transfers clients personal data to another country it is required to do so in a manner consistent with legal requirements. This may be done in one of the following ways:

  • The country to which we send clients personal data might be approved by the European Commission as offering an adequate level of protection for personal data;
  • The recipient may have signed a contract based on “model contractual clauses” approved by the European Commission, obliging it to protect personal data;
  • If the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme; or
  • In other circumstances the law may permit us to otherwise transfer clients personal data outside the Cayman Islands.
Personal Data Quality We rely on the accuracy of the information provided by client and others. We take reasonable efforts to ensure that personal data collected by us or on our behalf is accurate, up to date, and complete, in accordance with applicable law. If any information about client changes or client has any concerns regarding the accuracy of information held by us, clients should contact us at the contact provided.
Questions? Call Mr. Andrew Flynn at 212-626-6508
What we do
How does ARP protect my personal information? We have physical, electronic and procedural safeguards in place to protect clients personal data from loss, misuse, unauthorized access, disclosure, alteration and destruction, however no data security measures can guarantee complete security all of the time.
Retention Period ARP will retain clients personal information for as long as is necessary to provide our services to client, to fulfil the purposes described in this Privacy Notice and/or our business purposes, or as required by law, regulation or internal policy. We are obliged to retain certain information to ensure accuracy, to help maintain quality of service, and for legal, regulatory, fraud prevention, and legitimate business purposes. In general, we (or our service providers) will hold personal data for a period of seven years from the date on which client redeems all of its Shares holdings or for as long as required to perform the services or comply with applicable legal/regulatory obligations.
Consequences of not Providing Required Data Where ARP requires clients personal data to comply with anti-money laundering or other legal requirements, failure to provide this information means ARP may not be able to: (a) accept a client as an investor and/or may be unable to process, or release clients investment in ARP; or (b) perform its contractual obligations to client in accordance with the relevant contract entered into between client and ARP. This may result in ARP terminating its relationship with client. We will tell client when we ask for their information whether it is a statutory or contractual requirement to give us the information and the consequences of not providing the information.
Data Subject Rights Clients have various rights in relation to their personal data held by us, including the right to:

  • Be informed and to request access to your personal data;
  • Correct any mistakes on our records, erase or restrict records where they are no longer required;
  • Object to use of personal data where that processing is based on ARP’s legitimate business interests or for direct marketing; and
  • Request not to be subject to automated decision making if the decision produces legal or other significant effects on you.

Clients rights in relation to their personal data outlined above are subject to a number of legal conditions and exemptions. We will respond to clients request in writing, or orally if requested, as soon as practicable and in any event not more than within one month after of receipt of your request. In exceptional cases, we may extend this period by two months and we will tell client why. We may request proof of identification to verify clients request.

Definitions
Affiliates The general partners of the private investment funds advised by ARP are affiliated with ARP by common ownership. ARP does not share with affiliates for marketing purposes.
Nonaffiliates ARP does not share with nonaffiliates so they can market to you
Joint Marketing ARP does not jointly market.
Other important information
We will post changes to this Privacy Notice on our website along with the effective date of the updated notice. We recommend that clients review this Privacy Notice periodically.