This notice is being posted by and on behalf of TJC, L.P. and its affiliated private equity entities (“TJC”, “we”, or “our”). TJC is committed to handling personal data responsibly and consistent with privacy rights. This Privacy Notice describes how we collect, use and share the personal data that we gather.
If you are an investor in a TJC fund, you should refer to the investor privacy notice provided as part of your initial TJC subscription or periodically thereafter. If you are an employee, contractor or applicant for employment at TJC, you should refer to the employee privacy notice provided under separate cover. This privacy notice applies to all natural persons about whom we collect information other than those covered by the employee privacy notice or the investor privacy notice.
HOW WE COLLECT AND USE PERSONAL DATA
We generally collect all or most of the following categories of personal data:
- Contact information: name, address, email, telephone number
- Identification information: signature, date of birth, social security number, taxpayer identification number, driver’s license, passport, other government identification and numbers
- Background information: information revealed in know-your-customer (KYC) and anti- money laundering (AML) due diligence, investor accreditation and consents
- Financial information: assets, income, net worth, amounts and types of investments, capital account balances, capital commitments, capital contributions, account data, other investment participation information, funds transfer information, beneficiaries, positions, percentages of fund, share or option numbers and values, vesting information, investment history, transaction information, tax information
We collect this personal data from:
- Forms you complete, such as subscription agreements, investor questionnaires, applications or other forms
- Your correspondences (written, telephonic, voicemails, electronic)
- Your transactions with us or others
- Third party service providers (e.g., background screening, investor placement, public databases) who perform services on our behalf or verify or supplement our information
- Our website, including any information captured via cookies
We collect this personal data for the business purposes of and pursuant to the legal bases of contract performance, legal compliance and legitimate interests. These include:
- Complying with legal or regulatory obligations, such as our obligations regarding KYC and AML, as well as for tax purposes
- Performing a contract with you or to take steps at your request before entering into a contract
Other legitimate interests and business purposes, such as:
- For our everyday business purposes – such as to process your transactions, maintain or service your account(s), communicate with you, pay funds, manage records, respond to court orders and legal investigations, and administer and provide services to you, including onboarding, marketing, research and due diligence
- For our marketing purposes – to offer our services to you, to improve and customize our services for you and to understand how our services are used
- For our risk mitigation purposes – to protect against fraud and security risks, including through background screening
In some cases, we rely on your consent for processing your personal data, but only in those cases where we specifically ask for your consent.
E-MAIL COMMUNICATIONS AND MARKETING
Occasionally, we may send you e-mail communications with information that may be useful to you, including information about our products and services. We will include instructions on how to unsubscribe and inform us of your preferences if you decide you do not want to receive any future marketing or promotional e-mails from us. If applicable law requires that we receive your consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your consent. If you wish to stop receiving marketing or market research communications from us, or would like to stop processing your personal information in any other way, you can contact us as described below to let us know what types of communications you wish to stop receiving.
HOW WE SHARE AND DISCLOSE PERSONAL DATA
We may share your personal data with:
- Our affiliates for purposes and uses that are consistent with this Privacy Notice
- Legal or government regulatory authorities as required in connection with legal or regulatory matters, including in connection with background screens, claims, disputes or litigation, or if we determine disclosure is necessary to enforce our legal rights or contractual commitments
- Service providers who, on our behalf or for your benefit, provide services to TJC for business purposes, which may include our accountants, auditors, bankers, prime brokers, insurers, lawyers, AML service providers and other back-office service providers
- Employees and service providers who have a reasonable need to know the information in connection with the conduct of TJC’s business as an investment advisor
- Third parties to which you request or authorize us to disclose your personal data
We do not sell your personal data to unrelated third parties, and we have not sold your personal data in the preceding twelve (12) months.
We seek to use reasonable organizational, technical and administrative measures to protect personal data within our firm. Unfortunately, no data transmission or storage system can be guaranteed to be secure at all times. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.
We retain personal data pursuant to our records retention program, for as long as is necessary for the purposes set out in this Privacy Notice, unless a longer period is required or permitted under applicable law or is needed to resolve disputes or protect our legal rights. We maintain personal data of our former investors and apply the same policies that apply to current investors.
CHILDREN’S PERSONAL INFORMATION
Our website is not directed to children under the age of thirteen, and we do not knowingly collect personal information from children under the age of thirteen. If we discover that we inadvertently collected information from a child under the age of thirteen, we will promptly delete it.
UPDATES TO THE PRIVACY NOTICE
Although most changes are likely to be minor, TJC may change this Privacy Notice from time to time, and at TJC’s sole discretion. Upon any material change to this policy, TJC will provide a notice to investors to inform them what kinds of personal data the firm collects and the circumstances in which that information may be disclosed to third parties.
THIS POLICY WAS LAST UPDATED JANUARY 31, 2020.
If you have any questions, comments, requests or concerns about this Privacy Notice or other privacy- related matters, please contact:
399 Park Avenue, 30th floor
New York, NY 10022
Attention: Chief Compliance Officer
+1 (212) 572-0800
ADDITIONAL REGION-SPECIFIC DISCLOSURES
If you live in the European Economic Area (“EEA”), or other jurisdictions, including Andorra, Argentina, Australia, Canada, Cayman, Europe, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Jersey, Mexico, New Zealand, Singapore, South Korea, Switzerland, Uruguay, and certain other jurisdictions, the following additional disclosures may apply to any personal data that we process subject to the EU’s General Data Protection Regulation or a similar law in your jurisdiction.
INTERNATIONAL DATA TRANSFERS
Your personal data may be transferred to, stored, and processed in a country other than the one in which it was collected. We may transfer your personal data outside the EEA, including to the United States, and when we do so, we rely on appropriate or suitable safeguards recognized under data protection laws, including:
- Using Standard Contractual Clauses when transferring personal data from a country in the EEA to a country outside the EEA, including the United States;
- Obtaining your consent to transfer personal data outside the EEA after first informing you about the possible risks of such a transfer;
- When the transfer is necessary for the performance of a contract between you and TJC, or if the transfer is necessary for the performance of a contract between TJC and a third party, and the contract was entered into in your interest; and
- When the transfer is necessary to establish, exercise or defend legal claims or to protect your vital.
For the purposes of the Data Protection Law, 2017 of the Cayman Islands (“DPL”), where applicable, any transfer of personal data by us or our duly authorized affiliates and/or delegates to countries not having an adequate level of protection shall be in accordance with the requirements of the DPL, and may include the foregoing measures.
DATA SUBJECT RIGHTS
If you live in one of the jurisdictions listed above, you may have certain data subject rights. These rights vary, but they may include the right to:
- Request access to and rectify or erase your personal data that we hold, restrict or object to certain processing of your data by us, or request transfer of appropriate data to a third party where this is technically feasible;
- Request whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and of the possible consequences of failure to provide such personal data; and
- Request the information on the recipients or categories of recipients with whom we share your personal data,
You can exercise these rights by contacting us at firstname.lastname@example.org. We will review your requests and respond accordingly. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard.
Additionally, in the circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. If you decline to provide or consent to our use of the data and we are relying on consent as the legal basis for its processing, there are circumstances in which we will not be able to provide you with services or take action on your behalf.
Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) you originally agreed to, unless we have another legitimate basis for doing so in law. If you wish to withdraw any consent given for processing, please contact us at email@example.com.
Individuals may also have the right to lodge a complaint about the processing of personal data with your local data protection authority in the EEA or, for purposes of the DPL, with the Ombudsman of the Cayman Islands.
California’s “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year.
If you are a California resident, as defined in Section 17014 of Title 18 of the California Code of Regulations, the following additional disclosures apply to any personal data that we process subject to the California Consumer Privacy Act of 2018 (the “CCPA”).
California residents have a right to:
- Request disclosure of your personal data that we hold from the past 12-month period, including your specific information as listed under How We Collect and Use Personal Data and How We Share and Disclose Personal Data
- Request deletion of your personal data that we hold from the past 12-month period, provided that the data is not required by TJC to complete a transaction or enable internal uses within the context of our ongoing business relationship with you, to provide security, prevent fraud, and repair errors, or to comply with applicable laws or regulations
California residents can exercise these rights by contacting us at (212) 572-0800 or at firstname.lastname@example.org. We will review your requests and respond accordingly within 45 days. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. You will not have to pay a fee for the disclosure of your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for disclosure is manifestly unfounded or excessive. We will not provide disclosure of your personal data more than twice in any 12-month period.
Individuals who submit requests for access or erasure of personal information will be required to verify their identity by answering certain questions. We will not disclose or delete any information until such individual’s identity is verified.
If you are making a request for access, we may not be able to provide specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of your personal information, your account with us, or our systems or networks.
If you are making a request for deletion, we will ask that you confirm that you would like us to delete your personal information again before your request is submitted. In certain circumstances, we may not erase all personal information, as permitted by applicable law.
You may designate an authorized agent to submit a request on your behalf by providing that agent with your written permission. If an agent makes a request on your behalf, we may still ask that you verify your identity directly with us before we can honor the request.
Agents who make requests on behalf of individuals will be required to verify the request by submitting written authorization from the individual. We will not honor any requests from agents until authorization is verified.
We will not discriminate on the basis that you have exercised any of your rights under the CCPA. TJC takes very seriously any inquiries we receive about our privacy practices and our compliance with the CCPA, and we will ensure that all inquiries are handled in accordance with the CCPA’s requirements. Where CCPA requests are submitted to us, we will only use the information supplied to us to verify the request and any subsequent issues.