This notice (this “Privacy Notice”) is provided by Hudson Bay Capital Management LP and its affiliates (collectively, “we,” “us,” or “HBC”), and sets forth the policies of HBC for the collection, recording, storage, use, retrieval, altering, erasing and disclosing (collectively, “processing”) and protection of personal information relating to current, prospective and former investors (collectively, “Investors”) in the investment funds and other vehicles (each, a “Fund”) advised by HBC. This Privacy Notice may be changed at any time, provided a notice of such change is given to you.
References to “you” or an “Investor” in this Privacy Notice mean any Investor who is an individual, or any individual connected with an Investor who is a legal person (each such individual, a “data subject”), as applicable.
Capitalized terms used herein but not defined herein shall have the meanings assigned to them in the Confidential Private Placement Memorandum relating to the relevant Fund, as may be supplemented, updated or modified from time to time (the “Memorandum”).
The types of personal data we may collect and use
The categories of personal data we may collect include names, residential addresses or other contact details, signature, nationality, tax identification number, date of birth, place of birth, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, source of funds details or other sensitive information, such as certain special categories of data contained in the relevant materials or documents.
How we collect personal data
We may collect personal data about you through: (i) information provided directly to us by you, or another person on your behalf; and (ii) information that we obtain in relation to any transactions between you and us.
We may also receive your personal information from third parties or other sources, such as our affiliates, the Administrator, publicly accessible databases or registers, tax authorities, governmental agencies and supervisory authorities, credit agencies, fraud prevention and detection agencies, or other publicly accessible sources, such as the Internet.
Using your personal data: the legal basis and purposes
We may process your personal data for the purposes of administering the relationship between you and us (including communications and reporting), including where this is necessary for the performance of a contract we have entered into with you, direct marketing of our products and services, monitoring and analyzing our activities, and complying with applicable legal or regulatory requirements (including anti-money laundering, fraud prevention, tax reporting, sanctions compliance, or responding to requests for information from supervisory authorities with competent jurisdiction over our business). Your personal data will be processed in accordance with the applicable law and may be processed with your consent, upon your instruction, or for any of the purposes set out herein, including where we or a third-party consider there to be any other lawful purpose to do so.
Where personal data is required to satisfy a statutory obligation (including compliance with applicable anti- money laundering or sanctions requirements) or a contractual requirement, failure to provide such information may result in your subscription in the applicable Investor being rejected, or compulsorily redeemed or withdrawn, as applicable. Where there is suspicion of unlawful activity, failure to provide personal data may result in the submission of a report to the relevant law enforcement agency or supervisory authority.
How we may share your personal data
We may disclose information about you to our affiliates or third parties, including the Administrator, prime brokers, custodians and executing brokers, and other trading counterparties, as applicable, for our everyday business purposes, such as to facilitate transactions by the Funds, maintain your account(s), or respond to court orders and legal investigations. It may also be necessary, under anti-money laundering and similar laws, to disclose information about an Investor in order to accept subscriptions from them or to facilitate the establishment of trading relationships with executing brokers or other trading counterparties. We will also release information about you if you direct us to do so.
We may share your information with our affiliates for direct marketing purposes, such as offers of products and services to you by us or our affiliates. You may prevent this type of sharing by contacting us at +1 212-571-1244. If you are a new investor, we can begin sharing your information with our affiliates for direct marketing purposes 30 days from the date we sent this Privacy Notice. When you are no longer our investor, we may continue to share your information with our affiliates for such purposes. We may also disclose information about your transactions and experiences with us to our affiliates for their everyday business purposes.
We do not share your information with non-affiliates for them to market their own services to you.
Retention periods and security measures
We will not retain personal data for longer than is necessary in relation to the purpose for which it is collected, subject to the applicable law. Personal data will be retained for the duration of your investment and for a minimum period of five to seven years after a redemption or withdrawal, as applicable. We may retain personal data for a longer period for the purpose of marketing our products and services or compliance with applicable law. From time to time, we will review the purpose for which personal data has been collected and decide whether to retain it or to delete if it no longer serves any purpose to us.
To protect your personal information from unauthorized access and use, we apply organizational and technical security measures in accordance with the applicable law. These measures include computer safeguards and secured files and buildings. We will notify you of any material personal data breaches affecting you in accordance with the requirements of the applicable law.
Who to contact about this Privacy Notice
Please contact Investor Relations at +1 212-571-1244 for any questions about this Privacy Notice or requests with regards to the personal data we hold.
You may contact us at any time to limit our sharing of your personal information. If you limit sharing for an account you hold jointly with someone else, your choices will apply to everyone on your account. US state laws may give you additional rights to limit sharing.
For more specific information or requests in relation to the processing of personal data by the Administrator, prime brokers, custodians or any other service provider to the Funds, you may also contact the relevant service provider directly by visiting their websites.
Additional Information for Residents of the United Kingdom:
Personal Data Processed in Third Countries.
Your personal information will be processed in the United States, and other countries outside the UK (“Third Countries”), that may not offer the same level of data protection as that afforded by the UK’s data protection laws, including the UK General Data Protection Regulation (“GDPR”). We will process personal data (or ensure that it is processed) in such Third Countries subject to appropriate safeguards and in accordance with the requirements of applicable law, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on our behalf in such Third Countries.
Your rights.
You may have certain rights under the GDPR (or the DPA as defined below) in respect of the personal data we hold and which you may exercise. These rights are:
- to request access to your personal data;
- to request rectification of inaccurate or incomplete personal data;
- to request erasure of your personal data (a “right to be forgotten”);
- to restrict the processing of your personal data in certain circumstances;
- to object to our use of your personal data, such as where we have considered such use to be necessary for our legitimate interests (e.g. in the case of certain types of direct marketing activities);
- where relevant, to request the portability of your personal data;
- where you have given consent to the processing of your data, to withdraw your consent by contacting Investor Relations at +1 212-571-1244 ; and
- to lodge a complaint with the competent supervisory authority.
Please note that the right to be forgotten that applies in certain circumstances is not likely to be available in respect of the personal data we collect to satisfy our legal or regulatory obligations, as described above.
Complaining to the ICO
You have the right to complain to the Information Commissioner’s Office (ICO). Further information is available from the ICO’s website.
Additional Information for investors into funds organized under the laws of the Cayman Islands
For the purposes of the Cayman Islands Data Protection Act (as amended) a Cayman Islands Fund is a data controller. The rights applicable to data subjects under the DPA are similar to those of the GDPR. Where personal data related to Cayman Islands fund investors is transferred outside of the Cayman Islands this must only be transferred to another country or territory that provides an adequate level of protection, and if necessary, arrangements similar to those applicable under GDPR as provided for by the Data Protection Ombudsman in the Cayman Islands shall also be required.
Complaints can be addressed to the Cayman Island Ombudsman. Further information is available from the Ombudsman’s link.
Use of cookies
We may send text files (e.g., “cookies” or other cached files) or images to your web browser to store information on your computer. Such text files and images are used for technical convenience to store information on your computer. For instance, we may use a session cookie to store form information that you have entered so that you do not have to enter such information again. We may use information stored in such text files and images to customise your experience on this website and to monitor use of this website. You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. If you block cookies you may not be able to access certain parts of this website. You can disable cookies from your computer system by following the instructions on your browser or at www.allaboutcookies.org.
You can also click on “Cookie Preferences” on our website and change your preferences as to how we use cookies.
Recording and monitoring of communications
We may record and monitor telephone conversations and electronic communications with you for the purposes of:
- ascertaining the details of instructions given, the terms on which any transaction was executed or any other relevant circumstances;
- ensuring compliance with our regulatory obligations; or
- detecting and preventing the commission of financial crime.
Copies of recordings will be stored for a period of five years, or such other longer period as we may determine from time to time.
