Privacy Notice

December 2019

This privacy policy (“Policy”) is issued on behalf of the Argentem Creek Partners LP, its affiliates and the Cayman Islands investment funds they manage (collectively, “Argentem Creek”, “we” or “us”) to let you know how Argentem Creek collects and uses your personal data.

Contact us

Full name of legal entity:  Argentem Creek Partners LP
Email address:  jsprau@argentemcreek.com
Postal address:  12800 Whitewater Drive, Suite 210, Minnetonka, MN 55343
Telephone number:  +1 612-503-4509

If you have any questions about this Policy or if you would like to exercise any rights you may have in relation to your personal data, please contact us.

About this Policy

This Policy applies to any personal data we collect about you (whether ourselves or via third parties). References to “personal data” and/or “personal information” mean any information that identifies, or can be used to identify, an individual. This includes, without limitation, personal data:

  • provided directly to us by you or another person on your behalf through our website, by email, or in person;
  • that we obtain pursuant to any transactions between you and us;
  • we receive in connection with investments we make on behalf of investment funds we manage;
  • we receive by telephone or in person;
  • we receive through email or letter correspondence;
  • we receive from marketing and customer surveys;
  • collected by monitoring electronic communications with you; and
  • obtained by a recruiting and application process related to prospective employment, consulting or similar relationships.

If you are a natural person, this Policy will be relevant to you directly. If you are a corporate investor (including, for these purposes, legal arrangements such as trusts or exempted limited partnerships) that provides us with personal information on individuals connected to you for any reason in relation to your investment with us and our investment funds, this Policy will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.

Information collected

Argentem Creek collects personal information about you. The types of personal information we may collect and use includes:

  • financial information – your financial position, status and history;
  • contact information – your business or personal address and how to contact you;
  • identity information – your name, work or profession, nationality, gender, social security number (or local equivalent), or other information contained in identity-related documentation (such as a passport, driving license, or birth certificate);
  • transactional information – details about payments to and from your accounts and other details of products and services you have purchased from us;
  • contractual information – details about the products and services we provide to you;
  • technical information – details on the devices and technology you use;
  • communications information – information we obtain through letters, emails, conversations, social media interactions, or any other correspondence between you and us;
  • open data and public records information – details about you that are available in public records or that are openly available on the internet; or
  • usage information – information about how you use the products and services we provide to you.

The personal information collected varies depending upon the nature of our relationship with you and the information you provide and we receive. 

Information received from third parties

We may receive personal information about you from third parties such as:

  • companies that introduce you to us;
  • financial advisors;
  • credit reference agencies;
  • social networks;
  • fraud prevention agencies;
  • public information, such as information available for public registries;
  • agents working on our behalf;
  • market researchers; or
  • government and law enforcement agencies.

How and why we use personal information collected

We will only use your personal information when allowed by law. Most commonly, we will use your personal information in the following circumstances:

  • where we need to perform the contract we are about to enter into or have entered into with you;
  • where it is necessary for our legitimate interests (i.e. we have a business or commercial reason for using your information) and your interests and your fundamental rights do not override those interests (“Legitimate interests”);
  • where we need to comply with a legal or regulatory obligation (“Legal obligation”); or
  • where you consent (“Consent”).

Purposes for using your personal data

We use the personal data we collect about you for the following purposes to:

  • operate, evaluate and improve our business (including developing new products and services; enhancing, improving and analyzing our products and services; managing our communications; and performing accounting, auditing and other internal functions);
  • create and manage your account;
  • manage your investments;
  • comply with and enforce applicable legal requirements, relevant industry standards and our policies;
  • protect against, identify and prevent fraud and other unlawful activity;
  • provide our products and services to you, such as market commentary and email alerts;
  • send you promotional materials, newsletters and other communications;
  • respond to your inquiries; or
  • verify your information.

We will only process your personal data as necessary so that we can pursue the purposes described above. Where we process your personal data for our legitimate interests as a business, we do so only where we have concluded that our processing does not prejudice you or your privacy in a way that would override our legitimate interest in pursuing those purposes.

Change of purpose

We will only use your personal information for the uses and purposes set out above, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original uses and purposes. If we need to use your personal information for an unrelated purpose, we will notify you and will explain the legal basis which allows us the use of the information.

Marketing

In relation to marketing communications, we may provide you with an “opt-in” or “opt-out” mechanism as required under applicable law. An “opt-in” mechanism will provide you the opportunity to positively indicate that you do not object to our sending you such further communications and we will not send you any unless you have “opted-in”. An “opt-out” mechanism will provide you the opportunity to indicate that you do not want us to send you such further communications, and if you “opt-out” we will not send you any.

We will obtain your express consent before we share your personal information with any external third party for marketing purposes.

Failure to provide personal information

Where we need to collect personal information by law or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a product or service you have with us, but we will notify you in advance of such action.

Information shared

Except as described here or in any of our other applicable privacy policies, we will not provide any of your personal information to any third parties without your specific consent. We may share non-personal (anonymized) information, i.e. aggregate data, with third parties. We may share your personal information with the following categories of recipient:

  • With group companies and affiliates. We may share the information we collect about you with other affiliates of Argentem Creek for a variety of purposes. For example, we share information to assist us in providing service and account maintenance, to help us design and improve products and to offer products and services that may be of interest to you.

  • With our service providers and trading counterparties. We may disclose information to third party service providers that perform services for us in the processing or servicing of your transaction, or with third parties that perform services on our behalf including legal advisors, accountants, tax advisor, custodians, placement agents, brokers, banks, payroll administrators, administrators, employee benefits providers and administers.

  • With third parties as permitted or required by law. This includes disclosing your information to regulators, law enforcement authorities and credit bureaus. Personal information about employees or investors is only disclosed as required or permitted by law and in accordance with established company procedures. We may transfer and disclose the information we collect about you to comply with a legal obligation, including responding to a court order, to prevent fraud, to comply with an inquiry by a government agency or other regulator, to address security or technical issues, to respond to an emergency, or as necessary for other legal purposes.

  • As part of business transfers. In relation to an ongoing or proposed business transaction such as a transfer of the ownership or operation of Argentem Creek or any companies in its group to another organization, if we merge with or are acquired by another organization, or if we liquidate our assets, your information may be transferred to a successor organization. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Policy and the privacy preferences you have expressed to us.

How we protect your information

We understand the importance of appropriately safeguarding information you provide to us in the course of business operations. We protect the confidentiality of this information, limit access to this information to those with a business need, and do not disclose this information unless required or permitted by law. We also maintain administrative, technical and physical safeguards designed to protect personal data we obtain from you against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Retention of data

We will retain your information for as long as your information is necessary for the purposes for which it was collected. To determine the appropriate retention period for the information we collect from you, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of the data, the purposes for which we process the data, whether we can achieve those purposes through other means, and the applicable legal requirements. 

Accuracy of information

We strive to keep our records accurate and will make appropriate corrections when you notify us. Please let us know if there is incorrect information in any statements or other communications that you receive from us.

Data privacy rights

Under certain circumstances, you have rights under EU data protection laws in relation to your personal information, which Argentem Creek collects and uses as a data controller:

  • Right to withdraw consent at any time:  This applies where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

  • Request access to your personal data:  This enables you to receive a copy of the personal data we hold about you and to check that it is accurate and that we are processing it lawfully.

  • Object to processing of your personal data:  This enables you to object to processing of your personal data where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms. You also have the right to object in cases where we are processing your personal data for direct marketing purposes. We will provide you with appropriate choices to opt-in or opt-out as set out above in our Policy.

  • Request correction of your personal data:  This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

  • Request erasure of your personal data:  This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

  • Request transfer of your personal data:  This enables you to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use, or where we used the information to perform a contract with you.

  • Request restriction of processing:  This enables you to ask us to suspend the processing of your personal data in the following scenarios:  (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  • Make a complaint:  You have the right to make a complaint at any time to the relevant data protection supervisory authority in the EU member state in which you reside. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will provide notification.

Investors in our Cayman Islands investment funds have broadly analogous rights to those set out above under the Data Protection Law, 2017 of the Cayman Islands.

Data Transfers

The data that you submit to us, or that we collect from you, will be transferred to, and stored at, a destination outside the European Economic Area (“EEA”).

Countries outside the EEA may not have the same data protection laws as the country in which you initially provide the information. Where we transfer your personal data outside the UK or the EEA, we will ensure that our arrangements with the non-EEA entities to which we transfer your personal data will be governed by appropriate data transfer agreements, designed to ensure that your personal data is protected (including, where appropriate, under an agreement on terms approved for this purpose by the European Commission).

Other privacy rights in other jurisdictions

You may have rights in relation to your personal information under applicable data privacy laws in other jurisdictions.  If you wish to exercise any such rights, please contact us using the contact information above.

Changes to this Policy

We reserve the right to update or modify this Policy at any time by providing any notice required under applicable law and by providing you with the revised version in hardcopy or by otherwise making the revised version available on our website.