Top Tier Capital Partners, LLC (“TTCP” and its corporate affiliates (referred to collectively in this Policy as “TTCP,” “we,” “us,” “our,” and similar pronouns) collect and process Personal Data (as defined by the privacy, security, data protection rules and regulations, including those regarding the processing, privacy and use of personal data that apply to TTCP in the United Kingdom (the “UK”), the European Union (“EU”), and the European Economic Area (“EEA”)). This UK/EU/EEA Data Protection Notice (this “Data Protection Notice”) summarizes our policies with respect to personal information that we receive and process about various data subjects/of the following who are from natural persons resident in the UK/EU/EEA including: (i) current, prospective and former clients and investors, (ii) the principals, beneficial owners and beneficiaries of current, prospective and former institutional clients and investors, (iii) principals, other employees and others associated with funds and portfolio companies with which we may consider and/or undertake investments, and (iv) representatives of clients, investors and other businesses who we interact with (“Data Subjects”). This Data Protection Notice sets out the kinds of personal information we collect and how that personal information is used. Please read the following carefully to understand our views and practices regarding Data Subjects’ personal information and how we will treat it.
Personal Information Collected
We receive personal information from a number of sources including: (i) from Data Subjects directly; (ii) as part of Data Subject’s completing the Subscription Agreement on behalf of themselves or as representatives of other Data Subjects; (iii) from third parties working with the TTCP such as placement agents and fund managers; (iv) from information TTCP has gathered from prior transactions; (v) from publically available information; (vi) from a Data Subject’s bank in connection with investor information with TTCP; (vii) through TTCP’s website; from online data sources and information providers and (viii) through information provided in correspondence and other forms.
The information Data Subjects provide to us may include:
- Category 1 – Contact information, such as name, title, address, business and/or personal telephone number, and business and/or personal email addresses.
- Category 2 – Verification information, such as passport, driving licence, utility bill, credit or bank card statement, wire transfer information, country of residence, country of origin/nationality, country of domicile/tax residency, tax reference number, date of birth, occupation, investor status, and other applicable legal and regulatory information.
- Category 3 – Finance-related information, such as the amount invested and details of the investment made, and name of the organisation the Data Subject works for and/or is a controlling person for.
- Category 4 – Work contact information, such as name, name of the business the Data Subject works for and/or is a controlling person for, business address, business telephone number, and business email address as well as preference related and work related information (e.g. role title, dietary requirements).
- Category 5 – Data gathered by our website(s) and/or investor login site visited by Data Subjects that pertains to Data Subjects’ usage of such website(s) and/or investor login site.
We will endeavour to keep personal information we store about the Data Subjects reasonably accurate and up to date by enabling Data Subjects to correct it by request. The Data Subjects should notify us if any of their personal information changes or if they become aware of any inaccuracies in the personal information we hold.
Purposes for Processing Personal Information
We use the personal information held about Data Subjects for the following purposes:
- Categories 1 – 4 – To process the application and to carry out our obligations arising from the subscription agreement (and related investment documents) entered into by or on behalf of Data Subjects; for administrative purposes; to communicate with Data Subjects and to send informational and/or marketing messages to Data Subjects, whether current or past, about their investment; to perform appropriate diligence in connection with investment activities; to provide services to and manage the affairs of the fund; to maintain records and correspondence relating to Data Subjects’ participation in the fund. We acknowledge that we will not, without the prior consent of the Data subject use the Data Subject’s Personal Information for indirect marketing and fundraising purposes, including profiling to the extent that it is relating to such marketing.
- Category 2 – To complete anti-money laundering checks and other checks as are required by law (including counter-terrorist financing law (such as carrying out customer due diligence) and tax law (including reporting under any tax reporting regime), which, if not conducted, means that we will be unable to carry out our obligations arising under the subscription agreement or any other agreement (including but not limited to limited partnership agreements, subscription agreements and investment management agreements)) and/or detect crime.
- Category 3 – To communicate with and tailor our advice and services to Data Subjects and the organisations they represent; to accept Data Subjects and or the organisations they represent as a member of the fund and to process transactions in the fund;
- Category 4 – To provide services to and manage the affairs of the investments of the funds and relationships with Data Subjects (including the acquisition and disposal of investments, the arranging of any financing, and arranging for the preparation and auditing of accounts, statements or reports and similar).
We do not anticipate that TTCP will make any decision with respect to Data Subjects’ personal information using fully automated means. We will notify you in writing if this position changes.
Lawful Basis for Processing Personal Information
The lawful basis/bases that we rely upon to process personal information held about Data Subjects is as follows:
- Category 1 – We use this personal information to carry out our obligations arising from the subscription agreement or any other agreements entered into by Data Subjects (including but not limited to limited partnership agreements and investment management agreements), to take steps at Data Subjects’ or another party’s request prior to entering into an agreement, and to send informational and/or marketing messages to Data Subjects to the extent allowed by applicable law and which are in our legitimate interests (to promote TTCP and TTCP funds).
- Category 2 – We use this personal information to comply with our legal and/or regulatory obligations.
- Categories 3 – 5 – We use this personal information to carry out our obligations arising from the subscription agreement or any other agreements entered into by or on behalf of Data Subjects (including but not limited to limited partnership agreements, subscription agreements and investment management agreements), and where it is in our legitimate interests so that we provide a tailored service to Data Subjects, where such interests pursued by us are not overridden by the interests or fundamental rights and freedoms of Data Subjects.
Disclosure of Personal Information
We do not disclose any personal information about Data Subjects to any third parties, except:
- as reasonably necessary or appropriate in connection with the promotion and/or management of the funds, including to processors who are only permitted to use it to perform services on our behalf;
- as required by law or any applicable regulatory authority;
- in case of sale or merger or similar to potential purchasers, and their applicable third party service providers;
- to protect the rights, property, or safety of our business, its clients, investors or others; or
- as otherwise set out in this Data Protection Notice.
In these cases, we may share Data Subjects’ personal information with certain third parties, including legal advisers; accountants; third party service providers or agents; administrators; placement agents; fund managers; financial service providers, banks, broker-dealers, credit providers; companies engaged to dispose of or store data including personal information; adverse parties who have a legal right to receive such information and their counsel, experts; portfolio companies and their advisors; supervisory, tax, or other authorities and regulators in various jurisdictions; transfer agents, brokerage firms and or other such advisors.
We will take reasonably necessary steps to ensure that where personal information is shared, it is treated securely and in accordance with this Data Protection Notice and applicable laws.
Personal Information Retention
We will endeavor not to keep personal information in a form that allows a Data Subject to be identified for any longer than is reasonably necessary for achieving the permitted purposes. At the end of the applicable retention period, we may destroy, erase from our systems, or anonymize personal information as part of such efforts. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In general, this means, we shall retain Personal Data for so long as is required for the purposes of this agreement or for the full duration of your investment in the Fund and ten (10) years after the liquidation of the Fund/Partnership if the Data Subject has was directly or indirectly involved in an investment in a fund or, of any other Data Subject for ten (10) years after the last contact with the Data Subject, and/or in accordance with and subject to legal and regulatory requirements and tax and accounting rules.
Storage & Transfer of Personal Information
We maintain physical, electronic and procedural safeguards designed to protect Data Subjects’ personal information, prevent unlawful or unauthorized processing of personal information, and prevent unauthorized disclosure of, or accidental loss of, or damage to, such information.
We may process personal information in, and transfer personal information to, countries that may not guarantee the same level of protection for personal information as the country in which Data Subjects reside.
Rights in Relation to Personal Information
Depending on the applicable legislation, Data Subjects may have certain rights in relation to their personal information, these may include, where certain conditions are met:
- the right to request access to the personal information we hold about them;
- the right to have inaccurate information about them amended or updated;
- the right to object to processing of personal information about them;
- the right to withdraw consent at any time (where relevant);
- the right to have personal information about them erased or to restrict processing in certain limited situations;
- the right to data portability and to request the transmission of personal information about them to another organization;
- the right to object to automated decision making that materially impacts them, direct marketing, and processing for research or statistical purposes; and
- the right to lodge complaints with applicable data supervisory authorities.
Data Subjects should use the contact information below to obtain more information and/or to make a formal request.
Changes to this Data Protection Notice
We reserve the right to modify this Data Protection Notice at any time and without prior notice.
If Data Subjects have any questions in relation to this Data Protection Notice, please contact:
Top Tier Capital Partners LLC
600 Montgomery Street
San Francisco, CA 94111