1. Information Collection and Use
DW Partners, LP (“DW”) recognizes that it is important for you to feel confident in the knowledge that your personal information is secure. We are committed to protecting and safeguarding the confidential data that you have entrusted to us.
In the ordinary course of business, DW collects non-public and personally identifiable information regarding our investors. Such information includes, but is not limited to, your name, residential and email addresses, place and date of birth, government-issued identification number, account balances, bank information and representations you made to us regarding your assets, income and sources of funds (collectively, “Confidential Personal Information”).
DW obtains access to your Confidential Personal Information primarily through the following sources:
- Subscription forms, investor questionnaires and other information you provide to us, whether in writing, in person, by telephone, electronically or by any other means; and
- Transactions facilitated by DW, including account balances, subscriptions and
- We may combine Confidential Personal Information that you provide to us with Confidential Personal Information that we collect from, or about you. This may include Confidential Personal Information collected in an online or offline context
2. Why is your Personal Data processed?
These are the principal reasons why your Confidential Personal Information is processed:
The processing is necessary for the performance of a contract, including:
- administering or managing a DW fund in which you have invested, including processing your subscription and investment in a DW fund, sending you statements relating to your investment, facilitating the continuation or termination of the contractual relationship between you and one or more DW funds or facilitating any other transaction, between you and one or more DW funds.
The processing is necessary for compliance with applicable legal or regulatory obligations, including:
- undertaking investor due diligence, and on-boarding checks, carrying out know your client, anti-money laundering and counter- terrorist financing checks, including verifying the identity and addresses of our investors (and, where applicable, their beneficial owners), complying with requests from regulatory, governmental, tax and law enforcement authorities, surveillance and investigation activities, carrying out audit checks, and instructing our auditors, maintaining statutory registers, preventing and detecting fraud, complying with the United States Foreign Account Tax Compliance Act and other comparable legislation and complying with applicable sanctions and embargo
In pursuance of our legitimate interests, or those of a third party to whom your Confidential Personal Information 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 you make, sending updates, information and notices or otherwise corresponding with you in connection with your investment in a DW fund, investigating any complaints, or pursuing or defending any claims, proceedings or disputes (whether domestic or foreign), providing you with, and informing you about, our investment products and services, managing our risk and operations, complying with audit requirements, ensuring internal compliance with our policies and procedures, protecting our business against fraud, breach of confidence or theft of proprietary materials, seeking professional advice, including legal advice, facilitating business asset transactions involving DW funds or related entities, monitoring communications to/from us (where permitted by law) and protecting the security and integrity of our IT systems, but in all cases only where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights or
3. What Information DW Will Disclose and to Whom DW Will Disclose That Information
DW may disclose your Confidential Personal Information as permitted or required pursuant to applicable laws or regulations. Such circumstances include the following:
- To government entities, in response to subpoenas or information requests, or to comply with applicable laws or regulations;
- When you instruct, or consent to, DW’s disclosure of Confidential Personal Information;
- To service providers that perform services for DW, such as external auditors and outside legal counsel, and to service providers that facilitate DW’s transactions (custodians, broker-dealers, prime brokers, third-party administrators, );
- To DW affiliates, if the disclosure is deemed necessary for the provision of services to DW or for compliance with applicable laws or regulations; and
- To protect against fraud, unauthorized transactions (such as money laundering), claims or other
4. Information About Former Investors
To the extent that DW retains Confidential Personal Information regarding former investors, it will adhere to the privacy policies and procedures set forth herein.
5. How DW Safeguards Information
DW requires that all employees, affiliates and service providers keep your Confidential Personal Information secure. DW maintains safeguards that comply with the applicable standards to protect your Confidential Personal Information. It restricts access to your personal and capital account information to those employees who need to know such information in order to fulfill their job responsibilities. Third parties with which DW shares your information must also adhere to appropriate standards of security and confidentiality.
6. Additional Information for Investors Based in the European Economic Area (“EEA”) and Investors in DW Funds Domiciled in the Cayman Islands
DW is considered a “data controller” under the EU General Data Protection Regulation (“GDPR”). Certain of its affiliates and third-party service providers may act as “data processors” under GDPR.
DW may collect, store and use your Confidential Personal Information for lawful purposes, including where necessary for: (i) the performance of its investment management services pursuant to your Subscription Agreement; (ii) compliance with legal or regulatory obligations to which it is subject (such as anti-money laundering obligations or recordkeeping obligations); and/or (iii) the legitimate interest of DW (including direct marketing) or a third party, so long as such legitimate interest is not overridden by your interests, fundamental rights or freedoms. DW may retain your Confidential Personal Information for so long as it permissible pursuant to items (i), (ii) and/or (iii) above.
DW may disclose your Confidential Personal Information to recipients (including affiliates of DW) located in countries outside of the EEA. Such countries, including the United States, may not have data privacy laws equivalent to GDPR. In such circumstances, DW will take all necessary steps to ensure the safety of your Confidential Personal Information in accordance with GDPR.
Under GDPR, you may have a right to: (i) be informed about the purposes for which your Confidential Personal Information is processed (ii) request access to and rectification or erasure of your Confidential Personal Information; (iii) obtain restriction of processing or to object to the processing of your Confidential Personal Information; (iv) right to be informed of a Confidential Personal Information breach (unless the breach is unlikely to be prejudicial to you) and (v) data portability. As we do not process personal data on a large scale, we are not required to designate a data protection officer. Therefore, if you wish to exercise any of these rights, please contact the DW Compliance Department at the telephone number or email address listed below. Additionally, please be advised that you have the right to lodge a complaint regarding the processing of your Confidential Personal Information with your local data protection authority.
All investors in DW’s funds domiciled in the Cayman Islands (regardless of such investor’s own residence or domicile) have generally similar rights under the Cayman Islands’ Data Protection Law, 2017 (“DPL”). Such Cayman Islands funds will be considered a “data controller” under the DPL and will be deemed to have provided this privacy notice to you. Any transfer of your Confidential Personal Information to recipients (including DW, its affiliates, and third parties as appropriate) located outside of the Cayman Islands will be in accordance with DPL. We will apply appropriate technical and organizational measures designed to protect against unauthorized or unlawful processing of Confidential Personal Information and accidental loss, destruction of, or damage to Confidential Personal Data, and we shall take reasonable steps to ensure that our affiliates and third parties do the same.
We will keep your Confidential Personal Data for as long as it is required by us. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us to. We will generally retain your Confidential Personal Data throughout the lifecycle of the investment you are involved in. Some Confidential Personal Data will be retained after your relationship with us ends. We expect to delete your Confidential Personal Data (at the latest) once there is no longer any legal or regulatory requirement or legitimate business purpose for retaining your Confidential Personal Data.
We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your Confidential Personal Data, unless we have considered the proposed processing in a particular case and concluded in writing that it meets the applicable Cayman Islands law requirements.
Investors in Cayman Island funds have the right to file a complaint under DPL with the Office of the Ombudsman in the Cayman Islands.
7. Acknowledgment and Notice
By signing your Subscription Agreement, you acknowledge that we may use your Confidential Personal Information as described herein. You also consent to the transfer of your Confidential Personal Information to DW and the other recipients described herein, any of which may be located outside of the EEA and the Cayman Islands.
DW will notify you of any data breach affecting your Confidential Personal Information that is likely to result in a high risk to your interests, fundamental rights or freedoms.