EFFECTIVE DATE: August 16, 2023
When providing our Financial Services to United States residents, iCapital is considered a “financial institution” pursuant to the federal Gramm-Leach Bliley (GLB) Act, and in such circumstances iCapital shall collect, process, and retain personal information in accordance with the GLB Act and any and all implementing regulations thereto that are applicable to the Financial Services. If you are a customer of iCapital that receives Financial Services from iCapital residing in the United States, please see our Privacy Notice for U.S. Customers (Gramm-Leach Bliley Act) (the “Privacy Notice”) for more information about our privacy practices and your choices with respect to data governed by the GLB Act.
1. Scope and Key Terms
2. The Types and Categories of Personal Information We Collect
iCapital collects different types of personal information from you depending on the Services you use, how you use them, and the information you choose to provide us. We collect personal information: (i) when you provide it directly to us; (ii) automatically through technology when you use the Services; and (iii) from other sources.
a. Personal Information You Provide Directly to Us
You may choose to provide personal information to iCapital as you use the Services, such as when you register for an account, sign up for a subscription, or use our Financial Services. Although you can choose not to provide personal information to iCapital, in some cases this may result in our inability to provide you certain Services or complete a transaction you requested on behalf of yourself or your clients. Generally, we may collect the following types and categories of personal information directly from you in connection with the Services:
- Contact data, such as your name, residential/postal address, email address, telephone number, and fax number.
- Professional information, such as the name and address of the company you work for or the firm you represent and your title.
- Registration information, such as usernames and passwords.
- Customer Verification Data, such as date of birth, passport number, and other information required for customer verification pursuant to applicable law.
- Transaction information, such as information you provide in connection with investing in a Financial Product using our Services.
- Financial information required to provide the Services, such as your bank account, tax ID, and sources of funds.
- Marketing and communications data, such as your marketing preferences and records of your subscriptions to our publications, blogs, demos, and alerts.
- Audio and visual recordings of calls you have with us or presentations and webinars you participate in.
- Feedback you provide to us, such as about our Site and Services.
b. Personal Information Collected Automatically
When you access our Site, we collect certain data automatically, using technical means and tools. This data relates to your device and your experience on our Site and other websites, including the following:
- Usage and Device Data: When you access and use our Site, we automatically collect details of your access to and use of our Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through our Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), general location inferred from IP address (city and state), operating system, browser type, and mobile network information. Our Site may collect “diagnostic” data related to your use of our Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.
c. Personal Information Collected from Other Sources
We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, our business partners, your financial advisors using the Services, and third-party references. Investment Professionals provide us personal information on their clients, investors, and similar individuals in connection with the Financial Services.
3. How We Use Your Personal Information
Generally, we use the personal information we collect about you in order to perform our Services, operate our Site, respond to your questions and concerns, comply with our legal obligations, and promote our business interests, including:
- Provide Financial Services: Perform our Services and obligations and to enforce our rights under a contractual agreement and/or the constitutional and operational documents of an private investment fund, structured investment fund and similar alternative investment and securities fund (each a “Financial Product”), such as managing and administering holdings, including assessing and processing subscriptions and withdrawals/redemptions, communicating with investors about holdings and account-related activities on an ongoing basis, and updating and maintaining records and providing accounting records.
- Provide Other Services: To provide other Services, such as to operate our Site, save your or your clients’ information on the Platform for use in future investments, facilitate third-party services you request through our platform, and facilitate webinars, presentations, and events.
- Understand our users: To assist in your use of our Site or Service, including developing profiles about you.
- Communications: To communicate with you, including by responding to your inquiries, sending you information about your relationship or transactions with us, sending legal notices, and to contact you about opportunities we believe may be of interest to you.
- Analysis: To develop internal and external analyses such as market reports, analytical tools, or risk management assessments.
- Legal and Regulatory Compliance: To comply with legal and regulatory obligations to which the Financial Product is subject, such as compliance with anti-money laundering and FATCA/CRS or equivalent requirements, offering of securities, and otherwise to screen transactions for fraud prevention, anti-money laundering purposes, and the prevention of crime and the reporting of appropriate tax-related information to tax authorities.
- Customer Service: To manage and maintain relationships and for ongoing customer service.
- Business Analysis and Enhancements: For the development, modification, analysis, and improvement of our Site and Services, including enhancements to existing products and services.
- Liquidity: To provide liquidity to our investors (e.g., making payments to designated accounts).
- Training and Research: To facilitate filing of continuing education credits, and to support industry education and research.
- Business Operations: To provide our Site and Services, including assessing and managing risk, managing administrative and operational matters, administering our service provider, contractor, and vendor relationships and services, and auditing.
- Legal Protections and Reporting: For the investigation into potentially available legal rights, for assertion of our legal rights, to perform financial and regulatory accounting and reporting, and for quality control and regulatory compliance, business analysis, training, and related purposes, consistent with our legitimate interests.
- Recruiting: For recruiting, hiring, performance and talent management purposes.
- Consent: For other purposes when we have properly authorized consent.
We may also aggregate and/or de-identify any information collected through our Services so that such information can no longer be linked to you or your device. We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, partners, and sponsors.
4. How We Disclose Your Personal Information
We may disclose your personal information with certain organizations and third parties in accordance with applicable law, including as set out below:
- Intra-Group Sharing: We may, from time to time, disclose personal information with our affiliates and subsidiaries in order to provide or improve our Services, or support our business operations (e.g., in a role of a service provider).
- Mutual and Prospective Business Partners: As part of our Services, we disclose personal information to third parties that are providing a common or related financial service directly to you or those that you have interacted with on our Site (e.g., by viewing a profile of a fund sponsored by the third party within our Site).
- Third parties that provide services you request: We may provide your information to third parties when you use the Services to interact with those third parties, such as when you interact with issuers and insurance carriers through our Services or submit an indication of interest.
- Your employer: If you use the Services as a representative of your employer (e.g., if you are an Investment Professional), we may share your personal information (including your activity on the Services) with your employer.
- Service Providers: In order to provide our Services, we disclose personal information with companies that provide services on our behalf, such as hosting and analyzing our Site, providing annuity or insurance product illustrations, conducting surveys and marketing on our behalf, processing transactions (including financial transactions), tracking and responding to questions or complaints, and performing analyses to improve the quality of our Services.
- Financial Product Delegates: As part of our Services, iCapital discloses personal information related to a Financial Product with the Financial Product’s service providers, such as the Financial Product’s accountants, attorneys, consultants, liquidity providers, and other professionals, who use such personal information to provide their services to the Financial Product (e.g., discharge the legal or regulatory requirements that apply directly to the Financial Product).
- Sponsors: Some of our Services allow Investment Professionals to disclose personal information of their clients, firm members, and others with the sponsors with whom they have a signed selling agreement, and such personal information generally includes business contact data and personal identifiers (e.g., name, title, business address, email, and date of birth). Investment Professionals are given the option to opt out of such sharing entirely or to limit the sharing to specific categories of information.
- Business Restructuring: Circumstances may arise where, for strategic or other business reasons, iCapital decides to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of iCapital’s assets.
- Legal and Compliance: We may disclose personal information if required by law or government order, or to comply with a legal process, such as to the Cayman Islands Monetary Authority or Tax Information Authority, or to the U.S. Securities and Exchange Commission or other applicable regulatory authority. They, in turn, may exchange this information with foreign authorities, including tax authorities.
- Disclosure for Other Reasons: We may disclose personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests, or, in urgent circumstances, to protect the health and personal safety of any individual.
- With Your Consent: If you consent or direct us to disclose information with a third-party partner (including Financial Products) or other entity, then we may disclose your personal information in accordance with your directions.
5. Social Media
Like many organizations, iCapital has a presence on various social media platforms (e.g., LinkedIn, Twitter). If you contact us on a social media platform using a direct message tool therein, we may respond to you in the same manner. Any use of a social media platform is also subject to the policies and terms of the relevant social media platform, and iCapital has no control over such platform’s use of your information. Certain social media platforms may also automatically provide us with personal information, and the information we receive will depend on the terms that govern your use of the social media platform and any applicable privacy settings. Our Site may include social media features and widgets (e.g., the “LinkedIn Like” button, the “Twitter Like” button, the “Retweet” button, the “Repost” button on LinkedIn) or interactive mini-programs that run on our Site. These features may collect IP addresses and which webpage you are accessing on our Site and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly by us on our Site.
6. Links to Other Websites; Your Direct Third-Party Disclosures
7. Data Retention
We keep your information for no longer than necessary for the purposes for which it is processed or as required by applicable law. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws. For example, we retain personal information derived from our Financial Services for a minimum period of seven (7) years from the date on which an investor withdrawals/redeems all of its shares or units in the relevant Financial Product or for as long as required to perform ancillary services related thereto, or to comply with applicable legal or regulatory obligations.
8. International Transfers
iCapital is headquartered in the United States, and the personal information that we collect and process is retained and stored by us and our service providers in the United States and may also be maintained, processed, and stored in other jurisdictions that may have different data protection laws than those in your country of residence. In the event that your information is transferred in these ways, please note that we comply with applicable legal requirements governing the transfer of information across borders, including through the use of standard contractual clauses as required by the EU and UK when transferring personal data outside the EEA or UK.
We use appropriate technical, security and organizational measures designed to protect the security of your personal information and your personal information from unauthorized access, use, or disclosure.
10. Children’s Privacy
The Services are intended for general audiences and not for children under the age of 16. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 16 without valid parental consent, we will take reasonable steps to delete it as soon as possible. We also do not knowingly process data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We will take the same approach in other jurisdictions if we become aware that we have collected personal information without an applicable required parental consent.
11. Marketing Communications
12. Additional Detail for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how iCapital collects, uses, and discloses your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)). Please note the CCPA’s scope excludes personal information covered by certain financial services-specific privacy laws, including the GLB Act and California Financial Information Privacy Act (FIPA). Our separate Privacy Notice that is provided to investors applies to this excluded data.
Depending on how you interact with our Site and Services, we may collect the following categories of information from you, in addition to the information we collect in connection with providing financial products and services:
- Identifiers, such as your name and contact information, IP address, and mobile device identifiers; and
- Internet and Electronic Network Data, such as browsing history and use and interaction with our Site.
Data Privacy Rights. Pursuant to the CCPA, California residents have additional data privacy rights, including the following:
- Right to Access: The right to access general categories and/or the specific pieces of personal information we have collected, used, disclosed, or sold about you, including the sources from which the personal information was collected; the business or commercial purpose for which your personal information was collected, used, disclosed, or sold; and the third parties to whom we have disclosed your personal information.
- Right to Correction: The right to request correction of inaccurate personal information about you.
- Right to Deletion/Erasure: The right to request that we delete/erase your personal information under certain circumstances.
- Right to Data Portability: The right to request that iCapital transfers, to the extent technically feasible, personal information in certain forms and formats.
- Right to Nondiscrimination: The right not to be subject to discrimination for asserting your rights under the CCPA.
To exercise any of the CCPA’s data privacy rights set forth herein, please contact us in accordance with the “Contact Us” section listed below. If you would prefer, you may designate an authorized agent to submit a CCPA privacy request on your behalf. An authorized agent must be registered with the California Secretary of State to conduct business in California.
Privacy Request Verification Process. If you (or your authorized agent) make any request related to your personal information under the CCPA, iCapital will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. iCapital will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email or other means and match at least two or three pieces of personal information we have previously collected from you before granting you access to, or erasing, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and they are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see https://oag.ca.gov/privacy/ccpa.
Opt-Out Rights / Do Not Sell or Share My Personal Information. California residents have the right to opt out of the sale of personal information or “sharing” of their personal information for cross-context behavioral advertising purposes. iCapital makes personal information available to non-service provider third parties only when individuals have affirmatively agreed to such disclosure (for example, where a visitor to our Site has opted in to our use of advertising cookies) or where the disclosure of personal information is otherwise exempt from the CCPA (such as disclosing information to secure the Services). As such, iCapital does not “sell” or “share” personal information within the meaning of the CCPA.
13. Nevada Privacy Rights
iCapital does not currently conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact Us” section listed below. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
14. European Union (EU), Switzerland, and United Kingdom (UK)
If you are a data subject in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity (e.g., signing up for a blog), we are required to provide you additional information (set forth below) with respect to your data protection rights, including how you can file a complaint with regulatory authorities with respect to our data processing, and our legal basis for processing. If you are an independent data controller, or an employee of an independent data controller (e.g., Investment Professional), then we will collect and process your personal information in accordance with the Standard Contractual Clauses (Annex B) which are applicable between iCapital and the independent data controller.
Data Protection Rights. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, you have the following data protection rights:
- Right to be Informed: The right to be informed about what personal information iCapital collects and processes about you, including the types and categories of personal information we collect and process, the sources of such personal information, our retention criteria, to whom we disclose your personal information, cross-border data transfers, and how to file complaints and inquiries.
- Access Rights: You may ask us whether we process any of your personal information and, if so, receive access to such personal information. When complying with an access request, we will also provide you with additional information, such as the purposes of the processing, the categories of personal information concerned, as well as any other information necessary for you to exercise the essence of this right.
- Rectification: You have the right to have your personal information corrected/rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate personal information about you and, taking into account the purposes of the processing, update any incomplete personal information, which may include the provision of a supplementary statement.
- Erasure: You have the right to have your personal information erased, which means the deletion of your personal information by us and, where feasible, any other controller to whom your data has previously been disclosed. However, your right to erasure is subject to statutory limits and prerequisites (e.g., where your personal information is no longer necessary in relation to the initial purposes for which it was processed or where your personal information was processed unlawfully).
- Restriction of Processing: You have the right to obtain the restriction of the processing of your personal information, which means that we suspend the processing of your personal information for a certain period of time. Circumstances which may give rise to this right include situations where the accuracy of your personal information is contested but we need time to verify the inaccuracy (if any) of your personal information or if your personal data has been unlawfully processed and you request restriction of processing instead of deletion.
- Data Portability: You have the right to request us to provide you with your personal information in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible.
- Right to Object: You have the right to object to the processing of your personal information, which means you may request us to no longer process your personal information. This only applies in case we use the “legitimate interests” ground (including profiling) as the legal basis for processing (see below “Legal Basis for Processing”).
- Withdrawing Consent: You also may withdraw your consent at any time if we are solely relying on your consent for the processing of your personal information. However, this will not impact our legal basis to process such personal information prior to the withdrawal of your consent.
To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request.
Legal Basis for Processing. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, we process your personal information in accordance with the legal bases set forth in law. For example, our processing of personal information (as described herein) is justified based on the following legal grounds:
- Consent: Processing is based on your consent (e.g., you register to receive our marketing materials, you voluntarily contact us).
- Legitimate Interests: Processing is necessary for our legitimate interests as set out herein (e.g., monitoring your use of our Site and your compliance with the terms and conditions governing the same, improving our Services).
- Contract Undertaking: Processing is necessary for the performance of a contract to which you are a party (e.g., we are contractually required to provide our Services).
- Legal Compliance: Processing is required to comply with a legal or statutory obligation (e.g., tax disclosures).
iCapital does not engage in any activity that subjects our customers, our Site users, survey participants, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significant results, impacting them.
Complaints. If you are a data subject located in the EU, Switzerland, or the UK, and you provide personal information directly to iCapital in your individual capacity, and you have a concern about our data processing, you have the right to file a complaint with your data protection authority. For data protection authorities in the EU, please see here: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html). For the data protection authority in the UK, please contact the Information Commissioner’s Office (www.ico.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance, in accordance with the “Contact Us” section listed below.
15. Other Privacy Rights
Individuals in Andorra, Argentina, Australia, Canada, Cayman Islands, Faroe Islands, Guernsey, Hong Kong, Israel, Isle of Man, Japan, Mexico, New Zealand, Singapore, South Korea, Uruguay, and certain other jurisdictions, and investors in our Cayman Islands Financial Products or Luxembourg Financial Products, may have certain data subject rights. These rights vary, but they may include the right to: (i) request access to and rectification or erasure of their personal data; (ii) restrict or object to the processing of their personal data; and (iii) obtain a copy of their personal data in a portable format. Individuals may also have the right to lodge a complaint about the processing of personal data with a data protection authority. To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. We will consider your request and respond accordingly, based on the applicable regime that applies in your jurisdiction.
16. Do-Not-Track Signals
Some web browsers and devices may transmit “do-not-track” signals to the website with which they communicate. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.
17. Persons with Disabilities
18. Changes to the Policy
19. Contact Us