Last Updated: May 21, 2021

We respect the right to privacy of each of our limited partners and other persons with whom we conduct business. However, to manage the funds comprising FTV Capital (the “Funds”) in the professional and efficient manner you expect, we must from time to time obtain and disclose certain private information about you. We have a policy of protecting the confidentiality and security of information we collect about you. We are providing you this Privacy Notice to help you better understand why and how we collect certain personal data, the care with which we treat that personal data, and how we use that personal data.

Part A: Collection and Use of Personal Data

We collect non-public personal data about you from the following sources:

  1. information we receive from you in conversations over the telephone, in voicemails, through written correspondence, via e-mail, or on subscription agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification, and verification documentation);
  2. information about your transactions with us or others;
  3. information captured on our website, including registration information and any information captured via “cookies”; and
  4. information relating to you from available public sources.

We do not sell or rent any personal data collected about you to third-parties. We will only disclose personal data to our affiliates, other partners in a relevant Fund and service providers as permitted by applicable law. In general, we may share your personal data with our accountants and attorneys, as well as with broker-dealers, custodians and transfer agents that facilitate in-kind distributions of portfolio securities. We may also share your personal data with other providers of services necessary or convenient to the formation, operation or dissolution of the Funds or in the ordinary course of our business. Finally, as required or permitted by the Fund’s Partnership Agreements, we may distribute to all partners in the relevant Fund certain personal financial information, such as capital account information and various schedules to the Fund agreements.

Any service provider receiving your personal data will be authorized to use such information only to perform the services required and as permitted by applicable law. We restrict access to non-public personal data to those employees and consultants of FTV Capital who require access to provide services to the Funds and its limited partners. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your non-public personal data.

If you have any questions about Part A of this Privacy Notice, please feel free to contact David Haynes at dhaynes@ftvcapital.com.

 

Part B: EU Individuals

Part B of this Privacy Notice applies to you to the extent that EU Data Protection Legislation (as defined below) applies to our processing of your personal data or to the extent you are a resident of the European Union (“EU”) or the European Economic Area (“EEA”). If Part B of this Privacy Notice applies to you, you have certain rights with respect to your personal data under EU Data Protection Legislation, as outlined below.

For Part B of this Privacy Notice, “EU Data Protection Legislation” means all applicable legislation and regulations relating to the protection of personal data in force from time to time in the EU or the EEA, including (without limitation): the Data Protection Directive (95/46/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection (Processing of Sensitive Personal Data) Order 2000, or any other legislation which implements any other current or future legal act of the

European Union concerning the protection and processing of personal data (including Regulation (EU) 2016/679 (the General Data Protection Regulation) and any national implementing or successor legislation), and including any amendment or re-enactment of the foregoing. The terms “data controller”, “data processor”, “data subject”, “personal data” and “processing” in Part B of this Privacy Notice shall be interpreted in accordance with the applicable EU Data Protection Legislation.

If you have any questions about Part B of this Privacy Notice and whether any of the following applies to you, please contact David Haynes at dhaynes@ftvcapital.com.

Categories of Personal Data Collected and Lawful Bases for Processing

In connection with forming and operating our private investment funds for our limited partners], the Funds, their affiliates and, in each case, their legal and other advisors and agents (the “Authorised Entities”) collect, record, store, adapt, and otherwise process and use personal data either relating to you as the limited partner or to any other person, partner, officer, director, employee, shareholder, ultimate beneficial owner or affiliate of the limited partner or other persons with whom we conduct business or to any other data subject from the following sources:

  1. information we receive from you in conversations over the telephone, in voicemails, through written correspondence, via e-mail, or on subscription agreements, investor questionnaires, applications or other forms (including, without limitation, any anti-money laundering, identification, and verification documentation);
  2. information about your transactions with us or others;
  3. information captured on our website, including registration information and any information captured via “cookies”; and
  4. information relating to you from available public sources.

We will process the following categories of personal data:

  1. names, dates of birth and birth place;
  2. account data and other information contained in any document provided by the limited partner to the Authorised Entities (whether directly or indirectly);
  3. information regarding your status under various laws and regulations, including your tax status, income and assets;
  4. information regarding your interest in the Funds, including ownership percentage, capital investment, income and losses or your interest in doing business with a Fund;
  5. information regarding your citizenship and location of residence;
  6. source of funds used to make the investment in the Funds; and
  7. anti-money laundering, identification (including passport and drivers’ license), and verification documentation.

The Authorised Entities are each data controllers of personal data collected in connection with the Funds.

We rely on the legal bases of contractual necessity to provide the services under the Funds and our legitimate interests in operating our businesses, in each case, to process the personal data as set out in Part B of this Privacy Notice. From time to time, we may need to process the personal data on other legal bases, including: with your explicit consent; to comply with a legal obligation; if it is necessary to protect the vital interests of you or other data subjects; or if it is necessary for a task carried out in the public interest.

Your failure to provide the personal data requested to fulfil the purposes described in Part B of this Privacy Notice may result in us being unable to provide the services required by you pursuant to the Funds.

Purpose of Processing

We will process the personal data for the following purposes:

  1. for the performance of, or in connection with, the terms of the operation of the Funds, including processing the personal data in connection with credit, anti-money laundering and sanction list checks, identification of a professional investor qualification checks, and for the purpose of complying with the applicable laws in connection thereto;
  2. in the Funds’ legitimate business interests in relation to communicating with you as necessary in connection with its affairs;
  3. in the Funds’ legitimate business interests in relation to managing corporate transactions, such as investments, mergers or acquisitions;
  4. in the Funds’ legitimate business interests to understand and improve our fund business or investor relationships generally and to market the Funds and any future funds to our current and former investors (in each case, to the extent permitted by EU Data Protection Legislation);
  5. to enable or administer our funds and for account administration purposes;
  6. where necessary or advisable in connection with applicable law; and
  7. for any other purposes notified to you or agreed in writing with you (as applicable) from time to time.
Sharing and Transfers of Personal Data

In addition to disclosing personal data to the Authorised Entities, we will disclose personal data where permitted by EU Data Protection Legislation and to our service providers, employees, agents, contractors, consultants, professional advisers, lenders, data processors and other persons employed and/or retained by us in order to fulfil the purposes described in Part B of this Privacy Notice. In addition, we may share personal data with regulatory bodies having competent jurisdiction over us, as well as with the tax authorities, auditors and tax advisers (where necessary or required by law).

The Funds operates outside the EEA in the USA and, as a result, will transfer personal data to the Authorised Entities in a Non-Equivalent Country (as defined below). This transfer is a matter of contractual necessity for us to enter into, perform and administer each Fund with you, and to implement pre-contractual measures at your request. For the purposes of Part B of this Privacy Notice, “Non-Equivalent Country” shall mean a country or territory other than (i) a member state of the European Economic Area; or (ii) a country or territory which has at the relevant time been decided by the European Commission in accordance with EU Data Protection Legislation to ensure an adequate level of protection for personal data.

Retention and Security of Personal Data

We consider the protection of personal data to be a sound business practice, and to that end, we employ appropriate technical and organizational measures, including robust physical, electronic and procedural safeguards to protect your personal data in our possession or under our control.

We shall not retain personal data for longer than necessary with regard to the purposes described in Part B of this Privacy Notice, unless we are required by law to retain personal data for a longer period. We maintain personal data of our former limited partners and other persons with whom we conduct business, and apply the same policies that apply to current limited partners and other persons with whom we conduct business.

Data Subject Rights

We acknowledge that, subject to applicable EU Data Protection Legislation, you, or the data subjects to which personal data relates, have rights under EU Data Protection Legislation: to obtain information about, or (where applicable) withdraw any consent given in relation to, the processing of personal data by us; to access and receive a copy of their personal data and/or request rectification or erasure of their personal data; to exercise his or her right to data portability; and the right not to be subject to automated decision making. Please note that it may not always be possible for us to erase your personal data on your request, due to legal obligations. In addition, should you request erasure of the personal data requested to fulfil the purposes described in Part B of this Privacy Notice, we may be unable to provide the services required by you pursuant to the Funds.

In case the data subject to whom personal data relate disagrees with the way in which his or her personal data is being processed in relation to the Funds, the data subject has the right to object to this processing of personal data and request restriction of the processing. The data subject may also lodge a complaint with the competent data protection supervisory authority in the relevant jurisdiction.

The data subject may raise any request relating to the processing of his or her personal data with David Haynes at dhaynes@ftvcapital.com.

Non-natural Persons

If personal data is provided to us by anyone other than a natural person (that is, a partnership, trust, corporation or other entity), that entity hereby undertakes, represents and warrants that:

  1. all personal data that is and will be provided or made available to us, or another party on our behalf, has been collected, processed and transferred in accordance with EU Data Protection Legislation;
  2. such personal data is and will be adequate, relevant, limited to what is necessary for the purposes described in Part B of this Privacy Notice, accurate and up-to-date; and
  3. the data subjects of the personal data have been made aware of the purposes for, and manner in, which such personal data will be processed by us (as set out in Part B of this Privacy Notice) and (where required by EU Data Protection Legislation) have consented in writing to such processing, including the transfer of personal data to Non-Equivalent Countries.

 

Part C: California Residents

This Part C applies to residents of the State of California and outlines the specific rights granted to such individuals under the California Consumer Privacy Act (the “CCPA”) and how to exercise such rights. This section is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal data that is not set forth in this section is otherwise set forth in this Privacy Notice, including in Part B above. For the avoidance of doubt, for purposes of this Privacy Notice, references to personal data in this or other sections of this Privacy Notice, including in sections that are specific to EU individuals, are deemed to include references to “personal information” as defined under the CCPA.

If you have any questions about Part C of this Privacy Notice, including, if applicable, your rights under CCPA, or if you wish to exercise any of your rights under the CCPA, please contact David Haynes at dhaynes@ftvcapital.com.

Deletion Rights

You have the right under the CCPA to request that we delete any of your personal data that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing and provide an explanation if we cannot comply with a specific request.

Disclosure and Access Rights

You also have the right under the CCPA to request that we disclose to you certain information regarding our collection and use of personal data specific to you over the last twelve (12) months. Such information includes:

  1. the categories of personal data we collected about you;
  2. the categories of sources from which the personal data was collected;
  3. our business or commercial purpose for collecting such personal data;
  4. the categories of third parties with whom we share the personal data;
  5. the specific pieces of personal data we collected about you; and
  6. whether we disclosed your personal data to a third party, and, if yes, the categories of personal data that each recipient obtained.
Non-discrimination

We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

 

Part D: Use of Cookies

Our website makes use of cookies and certain other technologies and tools, including Google Analytics, a web analytics service provided by Google, Inc., to track user preferences. A cookie is a small text file that certain websites save on your device when you visit those websites. Cookies automatically collect information regarding how you access our website (e.g., browser type, access times, Internet Protocol (“IP”) address) and information regarding the hardware and software that you use to access our website.

We use cookies to improve your experience on our website, provide additional security, and remember you when you return to our website. A cookie cannot give us access to your computer or to information beyond what you provide us and we do not store personal data in cookies we create, but we do use encrypted information gathered from them to help improve your experience of our website.

If you have any questions about Part D of this Privacy Notice, please contact David Haynes at dhaynes@ftvcapital.com.