Your privacy is very important to us. This notice (this “Privacy Notice”) is provided by Kodai Capital Management LP (the “Investment Manager,” “we,” “our” or “us”), on behalf of ourselves and the private investment funds we advise, and sets forth our policies for the collection, use, storage, sharing, disclosure (collectively, “processing”) and protection of personal data relating to current, prospective and former clients and/or investors in private investment funds advised by the Investment Manager, as applicable.
This Privacy Notice is being provided in accordance with the applicable requirements under the privacy and data protection laws that apply in the jurisdictions where we operate (collectively, the “Data Protection Laws”). Applicable law requires us to tell you how we collect, share, and protect your personal information. The Investment Manager and the private investment funds we advise are considered to be data controllers in respect of any personal information we hold about you for the purposes of certain Data Protection Laws. This means that the Investment Manager and each applicable private investment fund (alone or jointly, as applicable) determines the purposes and the means of the processing of your personal information.
Please contact us via e-mail at Legal@kodai.com or telephone at 312-264-0620 or by writing to the following address 71 S. Wacker Drive, Suite 2550. Chicago, Illinois 60606 with any questions about this Privacy Notice or requests with regards to the personal data we hold.
The types of personal information we collect and share depend on the product or service you have with us. The categories of personal data we may collect include names, residential or business addresses, or other contact details, signature, nationality, tax identification or passport number, date of birth, place of birth, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, information on investment activities, or other personal information, such as certain special categories of personal data (including, where relevant, information on political affiliations, ethnic origin, or criminal convictions), as specified under the applicable Data Protection Laws, that may be contained in the relevant materials, documents, or obtained through background searches.
We may collect personal data about you through: (i) information provided directly to us by you, or another person on your behalf; or (ii) information that we obtain in relation to any transactions between you and us.
We also may receive your personal information from third parties or other sources, such as our affiliates, service providers, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies, or other publicly accessible sources, such as the Internet.
We may process your personal data for the purposes of administering the relationship between you and us (including subscription acceptance, communications and reporting), marketing of our products and services, monitoring and analysing our activities, and complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities, or law enforcement agencies).
We will use one of the permitted grounds under the applicable Data Protection Laws to process your personal information. Such grounds include, for example, circumstances where:
All financial companies need to share the personal information of their clients and investors to run their everyday business. We may disclose information about you to our affiliates, appropriate service providers, or other third parties to accept your subscription, administer and maintain your account(s), or otherwise perform our contractual obligations. We may also need to share your personal information with regulatory, tax or law enforcement authorities to comply with applicable legal or regulatory requirements, respond to court orders, or in the context of regulatory requests for information, administrative proceedings, or investigations. We will also release information about you if you direct us to do so.
We may also disclose information about you, or your transactions and experiences with us, to our affiliates or appropriate service providers for our everyday business purposes, such as administration of our business, record-keeping, maintaining security of our information technology systems, reporting and monitoring of our activities, investor relations activities, and compliance with applicable legal and regulatory requirements.
Data Protection Laws give you the right to limit some, but not all, sharing. You may contact us at any time to addressing limiting our sharing of your personal information. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account.
We will not retain personal data for longer than is necessary in relation to the purpose for which it is collected, subject to the applicable Data Protection Laws. Notwithstanding, we may retain personal data for the purpose of marketing our products and services or compliance with applicable law.
To protect your personal information from unauthorized access and use, we apply organizational and technical security measures in accordance with applicable Data Protection Laws. These measures include computer safeguards and secured files and buildings. Additional Information under the U.S. Gramm-Leach-Bliley Act 1999 (Reg S-P) and Fair Credit Reporting Act (Reg S-AM)
For purposes of U.S. federal law, this Privacy Notice applies to current and former investors who are individuals or Individual Retirement Accounts. We are providing this additional information under U.S. federal law.
We may disclose information about current, former and prospective clients and investors to our affiliates (i.e., financial and non-financial companies related by common ownership or control) or non-affiliates (i.e., financial or non-financial companies not related by common ownership or control) for our everyday business purposes, such as to process your transactions, maintain your account(s) or respond to court orders and legal investigations. We will also release information about you if you direct us to do so.
We also may share your information with our affiliates for direct marketing purposes, such as offers of products and services to you by us or our affiliates. You may prevent this type of sharing by contacting us via e-mail at Legal@kodai.com or telephone at 312-264-0620. If you are a new investor, we can begin sharing your information with our affiliates for direct marketing purposes 30 days from the date we sent this Privacy Notice. When you are no longer our investor, we may continue to share your information with our affiliates for such purposes.
Before we may disclose non-public personal information about any client or investor to a non-affiliated third party other than an appropriate service provider and other than pursuant to one of the exceptions under Regulation S-P, we must provide each impacted client or investor an initial privacy policy notice and an opt-out notice. The opt-out notice would describe our planned disclosures and give clients and investors a reasonable opportunity to decline permission to make those disclosures. Because we do not disclose non-public personal information to non-affiliated third parties, other than appropriate service providers or pursuant to the exceptions, we are not required to provide opt out notices.
Under the applicable law of certain states, residents of such states have the right to know what personal data is being collected about them, know whether their personal data is being sold or disclosed, opt out of the sale of their personal data, access their personal data, request deletion of their personal data, and have equal service and price even if they exercise their privacy rights. To exercise those rights, please use the contact details under Who to Contact About This Privacy Notice if you wish to exercise these rights.
Where applicable, a private investment fund we advise may share your personal information with its services providers, including the Investment Manager, its third party administrator, prime brokers and custodians, or others who are located outside the Cayman Islands. It may also be necessary to share your information with the Cayman Islands Monetary Authority or the Tax Information Authority, which may, in turn, exchange this information with foreign tax authorities, regulatory or law enforcement agencies. Any transfer of your personal data by us, our affiliates or service providers outside the Cayman Islands will be carried out in accordance with the DPA.
You may have certain rights under the DPA, including: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification; (iv) the right to stop or restrict processing; (v) the right to stop direct marketing; (vi) rights in relation to automated decision making; (vii) the right to seek compensation; and (viii) the right to complain to the supervisory authority. A complaint in respect of the Offshore Fund or the Master Fund may be lodged with the Office of the Ombudsman in the Cayman Islands. Please use the contact details under Who to Contact About This Privacy Notice if you wish to exercise these rights.