Tekmerion Privacy Policy

 

 

 

Tekmerion Capital Management, L.P. and its affiliates (collectively referred to as “Tekmerion”, “TCM”, “we”, “our”, and similar pronouns) understand the importance of maintaining the confidentiality and security of our clients’ personal information. This notice describes the privacy policies of Tekmerion and aims to provide our clients with transparent information, in accordance with privacy laws.

 

The following describes the information we collect about you, with whom we share your information, how we safeguard your information, and how you can contact us regarding our privacy notice and practices or to exercise your rights. We do not sell your personal information.

 

Security

 

We have policies and procedures reasonably designed to safeguard the confidentiality and security of personal information that includes restricting access to nonpublic personal information to properly authorized persons and maintaining generally accepted physical, electronic and procedural safeguards, including the use of encryption and authentication tools. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect personal information, we cannot and do not guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own risk.

We train our employees in the proper handling of personal information. When we use other companies to provide services for us, we require them to protect the confidentiality of personal information they receive. Although we will do our best to protect your personal data, we cannot totally guarantee the security of your data.

 

Information that We Collect

 

We collect various elements of public and nonpublic personal information from a variety of sources, including:

 

1. Information we receive through applications or other means, which can include name, address, phone number, tax identification number or other government identification number (when allowed or required by applicable law), assets, income and other household information, information regarding existing securities accounts, educational and employment history, prior investment experience with different types of investment vehicles, and any relationships a client may have with others involved in the securities business;

2. Information about transactions with us and non-affiliated third parties, which can include account balances and transaction history;

3. Communications with us, including but not limited to telephone calls and e-mails to provide you with requested products and services;

4. Information from visitors to our website provided through online forms, website visit data, and online information collecting technologies.  For information on opting out please visit caplinked.com/company/privacy-policy/.

 

How We Use Your Information

 

We use information we collect as necessary or appropriate for our business purposes, including to:

 

• Fulfill contractual obligations

• Open and administer accounts

• Register users and provide you access to the website or services requested

• Fulfill requests for our products or services

• Respond to inquiries or requests directed to us

• Perform internal analysis, analytics, research and development to improve and add to our product offerings

• Send communications and administrative emails about the website and our services and products

• Assist in determining the likelihood that a person, account, transaction, message or devise is associated with fraud or other malicious behavior

• Administer our site and as part of our efforts to keep or site safe and secure

• Deliver customer services

• Conduct due diligence checks on business contacts as part of our financial crimes and anticorruption program

• Satisfy required legal or regulatory obligations

• Fulfill other purposes related to any of the above

 

Legal Basis

 

We have a legal basis for collecting and processing this information, as processing is necessary for: (i) the performance of a contract to which we are a party or to take steps at your request prior to entering into a contract; or (ii) for direct marketing purposes carried out in our legitimate interests; and/or (iii) for the purpose of conducting business with an entity you work for, or otherwise represent, in furtherance of our legitimate interests, but only to the extent our legitimate interests are not overridden by your fundamental rights and freedoms.

 

How We Disclose Your Information to Third Parties

 

We may disclose any of the personal information that we collect, as described above, to our affiliates and to non-affiliated third parties under the circumstances described below and in this notice.

 

For legal and regulatory reasons: We may disclose your information if we are under a duty to disclose or share your information to comply with any legal or regulatory obligations; to enforce, apply or fulfill our terms and conditions and other agreements or to protect the rights, property, or safety of our customers, our companies or others. This includes exchanging information with other companies and organizations to conduct due diligence checks on business contracts as part of our financial crimes and anticorruption programs.

 

To provide contracted services: We use a number of third-party organizations in the provision of services to our customers (i.e., processing centers, development and maintenance of our networks and systems) including to process transactions and maintain accounts. These organizations act as data processors and are strictly contractually controlled in how they may and may not use your information and we remain responsible for the protection of your information. Please contact us if you would like more information about the third parties used to fulfill our contractual obligations.

 

For marketing: We also may disclose any of the personal information that we collect as described above, to our affiliates for the purpose of marketing our products and services under circumstances permitted by law. We have policies and procedures to ensure that certain conditions are met before an affiliated company may use information obtained from another affiliate to solicit clients for marketing purposes.

 

Our website may link to third-party websites that have privacy policies that differ from ours, and you should consult those websites’ privacy policies to understand how they will collect, store, process, transfer and otherwise use your personal information.

 

We do not otherwise provide non-public personal information about clients, former clients or prospective clients to anyone without their consent.  If, at any time in the future, it is necessary to disclose any of your personal information in a way that is inconsistent with this policy, we will give you advance notice of the proposed change so that you will have the opportunity to opt-out of such disclosure.

 

European Union General Data Protection Regulation (GDPR)

 

In addition to items referenced in the aforementioned disclosures, the GDPR states that natural persons in the European Union may exercise the following rights by contacting their Tekmerion representative:

 

•    Request access to your personal data (commonly known as a “data subject access request”) and request certain information in relation to its processing

•    Request rectification of your personal data

•    Request the erasure of your personal data

•    Request the restriction of processing of your personal data

•    Object to the processing of your personal data

•    Request the transfer of your personal data to another party

 

The granting of these requests may be superseded by regulatory retention requirements by which Tekmerion is bound.

 

To exercise the above rights, contact the person indicated in Contact Information section of this document. We will treat your requests confidentially and will make reasonable efforts to provide information on actions taken by us to respond without undue delay and in any event within one month of receiving the request to exercise the above rights.

 

You also have the right to make a complaint at any time to a local European Union data protection regulator in the member state of your usual residence or the place of the alleged infringement if you believe that the processing of your personal information infringes data protection principles.

 

Notice to California Residents

 

For California residents, the California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights regarding the information that we collect. In particular you may have the following rights:

 

• Notification of Personal Information Collection. We collect, use, and process your personal information for expected internal reasons, legal obligations, and servicing a transaction, technical support functions or providing a service.

• Access to Specific Pieces of Information. You may request that we disclose certain information to you about our collection and use of your personal information over the past 12 months.

• Deletion of Personal Information. You may request that we and our service providers delete any personal information that we collect from you. Our obligation to comply with this request is subject to exemptions. If you are interested in requesting deletion of your personal information, please note we may have a legal reason to retain your information, as permitted by the CCPA.

• Retention of Personal Information. Personal information is retained as long as necessary to meet legal and regulatory requirements. Retention may be extended if we are required to preserve personal information in connection with litigation, investigations, and proceedings.

• Opt Out of Sale. While, under the CCPA, you may request that we do not sell your personal information, because we do not sell any personal information, there is no need to opt out of sales.

• Anti-Discrimination. We will not discriminate against you for exercising your CCPA rights.