Website Privacy Policy

The privacy practices of this Website Privacy Policy apply to our services available under the domain and subdomains of www.privateadvisors.com (the "Website"). We recognize that privacy is important to our users, so we design and operate our Website with the protection of your privacy in mind. This Website Privacy Policy outlines the types of personal information we may gather when you visit our Website or use our services, as well as some of the steps we take to safeguard it. Please read this Website Privacy Policy to learn more about the ways in which we protect, use and disclose your personal information. By visiting the Website, you agree to be bound by the terms and conditions of this Website Privacy Policy. If you do not agree, please do not use or access the Website.

By accepting the Website Privacy Policy and the Terms of Use, you expressly consent to our use and disclosure of your personal information in accordance with this Website Privacy Policy. This Website Privacy Policy is incorporated into and subject to the Terms of Use. This Website Privacy Policy is effective when accepted by new users, and is otherwise effective on December 1, 2014, for all users.

At Private Advisors, LLC (“PA”) maintaining our customers’ trust and confidence is of paramount importance.  We are committed to safeguarding your personal information and providing you with facts and options about how this information may be shared.  Please read this notice to learn more about our privacy policies and the options available to you.

 

This notice replaces all previous statements of our website privacy policy, and may be amended at any time.

 

Private Advisors, LLC maintains a separate Privacy Policy for non-website interactions which is available upon request. Those investors to which Private Advisors provides investment advisory services will be provided with annual reminders of our non-website policies and with revised policies if there are any changes in how we handle the investor’s personal information.  If an investor ends their relationship with PA, we will continue to adhere to the policies and practices described in our non-website Privacy Policy.

 

 

Information That We Collect.  As part of providing you with our services, we obtain nonpublic personal information about you, which may include the following: 

  • Information we receive from you on applications or other forms including name, address, social security number, assets and income.
  • Information about your transactions with us or others.

 

 

Information That We Share & Why It Is Important.  We use or share information in a limited and carefully controlled manner.  We do not disclose any nonpublic information about our customers or former customers to anyone, except as permitted by law, unless authorized by you.  Instances in which we may share your information with nonaffiliated third parties include: 

 

  • Inclusion of certain names (institutional clients only) on a Representative Client List.  The Representative Client List is contained in our standard marketing material and examples of those who may receive the list include: existing clients, prospective clients, consultants for prospective clients and prospective hedge fund managers.  The majority of PA’s assets under management are institutional assets.  As a result, institutional assets in general are perceived as stable capital sources and hedge fund managers tend to be biased towards favoring these assets.  As we meet with prospective hedge fund managers, we believe our Representative Client List gives PA an advantage when trying to gain access to funds that accept capital on a limited basis.

 

(NOTE: The Representative Client List includes language stating that the names on the list are not to be construed as an endorsement or recommendation of PA’s services.)

 

  • Disclosure to companies that provide services necessary to effect a transaction that you request or to service your account such as prime brokers, accountants, banks, attorneys or administrators.
  • Disclosure to government agencies, courts, parties to lawsuits, or regulators in response to subpoenas.  In such cases, we share only the information that we are required or authorized to share. 

Collection of Information
In general, you can browse the non-password-protected sections of the Website without telling us who you are or revealing any personal information about yourself. We automatically track certain information that your browser makes available whenever you visit a website. This information includes your Internet Protocol address, browser type, browser language and one or more files that may uniquely identify your browser. We may use this information to do internal research on our users' demographics, interests and behavior to better understand, protect and serve you and our clients. This information may include the URL from which you just came (whether this URL is on the Website or not), to which URL you next go (whether this URL is on the Website or not), your computer browser information and your IP address. We use this information to operate, develop and improve our services.

We also may use data collection devices such as "cookies" on certain pages of the Website to help analyze our web page flow, measure effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to reenter your password more frequently during a session. We use cookies to better understand how people interact with us.

If you apply for a password to access password-restricted areas on this Website, you must provide to us your name, mailing address, email address, phone number, personal financial data, investment portfolio and other investment information. 

Use and Disclosure of Information
The security of your account information is important to us.  Only those persons who need your information to perform their job have access to it.  In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to protect your information.  Our employees have limited access to your personal information based upon their responsibilities.  All employees are instructed to protect the confidentiality of your personal information as described in these policies, which are strictly enforced.

We use the information we collect from our browser and data collection devices such as cookies to improve our operations and facilitate the services you request. We may use information collected from you to measure interest, customize your experience and enforce our Terms of Use. If you apply for a password, we use that data to determine whether you are an accredited investor and have sufficient sophistication, investment experience and wealth to receive information about certain investment options. We may use your information to send correspondence and perform services on your behalf in connection with investment related activities.

You agree that we may use personal information about you to analyze Website usage, improve our content and product offerings and customize the Website's content, layout, and services. These uses improve the Website and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Website. 

In connection with providing our services, it also may be necessary for us to share information with other third parties to help us process transactions relating to your account, including, but not limited to, asset transfers from a financial institution and processing or administering investment transactions and portfolios. In certain instances, we may contract with third parties that are not affiliated with us to perform services for us, and, if necessary, we may disclose information about you to those third parties solely for the purpose of carrying out their assigned responsibilities. In those circumstances, we require such third parties to treat your private information with the same degree of confidentiality that we do. In some instances, the third-party service provider may collect information directly from you. In these cases, you will be notified of the involvement of the service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to a service provider directly, their use of your personal information is governed by their applicable privacy policy.

We may also share information about you if we believe that disclosure is required under law. For example, we may need to disclose information in response to a subpoena or to cooperate with regulatory or law enforcement authorities.

We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not described in this Website Privacy Policy. For example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or service providers may abuse or misuse your personal information that they collect from the Website. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties (through our Representative Client List), you may “opt out” of those disclosures.  This means that you may direct us not to include your name on our Representative Client List (other than disclosures permitted by law).  If you wish to opt out of disclosures to nonaffiliated third parties, you may call our Chief Compliance Officer at PA’s main number: (804) 289-6000.  You may exercise this right to opt out at any time.

Control of Your Password and Personal Information
You are responsible for all actions taken with your user name and password. Therefore, we recommend that you do not disclose your password to anyone. You may not allow others to use your user name or password to access or use any part of this Website. If your password has been compromised for any reason, you should contact us immediately for a new password.

You can review and change the information that you submit to us by contacting us at clientservices@privateadvisors.com. You can change your User ID, email address, contact information, financial information, other personal information and user preferences. You must promptly update your personal information if it changes or is inaccurate.

On your request, we will deactivate your password and remove your contact information and financial information from our active databases. Your password will be deactivated promptly based on your account activity and in accordance with our deactivation policy.

We will retain in our files the personal information you have asked us to remove from our active databases to prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use and comply with legal requirements. Therefore, you should not expect that your personal information will be completely removed from our databases in response to your requests. However, such personal information will only be available to select employees, service providers and governmental persons or entities.

Security
Your information is stored on our servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, which may include encryption, "firewalls" and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ security techniques to protect such data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet. 

Children
Persons under age 18 are not eligible to use the Website.

Conditions Of Use
If you choose to visit the Website, your visit and any dispute over privacy is subject to this Website Privacy Policy and our Terms of Use, including limitations on damages and application of the law of the Commonwealth of Virginia. If you have any concern about privacy, please send a thorough description.

Changes to this policy
This Website Privacy Policy may change from time to time. We may amend this Website Privacy Policy at any time by posting the amended terms on the Website. All amended terms shall automatically be effective 30 days after they are initially posted on the Website.

 

If you have any questions about this Privacy Notice, you may call us at (804) 289-6000.

Private Advisors LLC

Cayman Islands Privacy Notice

 

Private Advisors and its subsidiaries (referred to collectively as Private Advisors or “we” or “our”) are committed to respecting the privacy of all individuals.

This Privacy Notice (“Notice”), our website notice, your subscription agreement, and any other agreements between you and us, set out the basis by which Private Advisors processes personal data with respect to the private investment funds we manage domiciled in the Cayman Islands. Please read the following carefully to understand our views and practices regarding how we handle personal data.

For purposes of applicable data protection law (in particular, the Cayman Islands Data Protection Law, 2017 (Law 33 of 2017) (the “DPL”)), Private Advisors is the “data controller” of your personal data.

Personal Data We collect

We collect and process the following personal data:

-          Information you give us:

  • If you are inquiring about or investing in our products (including, where you invest in Private Advisors managed funds or separately managed accounts), then we process your personal data - including your name, address, e-mail address and phone number, financial information, personal description, photograph, ID documentation (including your passport or ID card), information about your dependents or beneficiaries, as well as information about your investments in Private Advisors funds.
  • You may provide us information about you when you correspond with us by phone, e-mail or other electronic means, or in writing. This includes information you provide when you subscribe to any of our funds, search our website, make inquiries, submit information or content to our site, when you report a problem with our site – including your name, email address, postal address, telephone number and facsimile number.
  • Information we collect about you:  with regard to each of your visits to our website, we automatically collect the following information:
    • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
    • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products, services or issues you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page, and any phone number used to call our customer service number.

-          Information we receive from other sources:

  • We are part of a global group of companies which manages funds and provides other financial services.
  • We also work closely with third parties (for example, banks and other financial institutions, business partners, placement agents, introducers, law firms, accountants, consultants, sub-contractors in technical, payment and delivery services, analytics providers, search information providers) and may receive information about you from them.
  • Public information about you, including public record searches, bankruptcy filings, pending litigation, judgments and liens, and criminal databases for use in required “Know Your Customer” activities, Anti-Money Laundering activities, sanctions screening, and other legal requirements to which we are subject.
  • Information about other people:
    • If you provide information to us about any person other than yourself, such as your relatives, your executors, next of kin, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.

Purposes and Legal Basis

We will ask you for consent to collect or process your personal data on certain occasions, for example, and as stated below, where necessary in order to contact you with information about products and services that might be of interest to you.

We also process your personal data when we need to do this to fulfil a contract with you, such as to give effect to your investment in a Private Advisors fund or separately managed account (including verifying your identity), or when required by law, such as if we receive a request from law enforcement or other government officials.

We also process your personal data when it is in our legitimate interest to do this and when this interest is not overridden by your data protection rights. In particular:

-          we will use your personal data to provide services to you, and to respond to any comments or requests you may send us;

-          we monitor use of our website, and use your personal data to help us monitor, improve and protect our services and website, both online and offline;

-          we monitor investor accounts to prevent, investigate and/or report fraud, terrorism, misrepresentation, security incidents or crime, in accordance with applicable law and regulation; and

-          we will use personal data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).

For example, we have a legitimate interest in the effective administration of the Private Advisors funds and separate accounts we manage and our business, and in ensuring the security and integrity of our website.

We have carried out balancing tests for all the data processing we carry out on the basis of our legitimate interests, which we have described above. You can obtain information on any of our balancing tests by contacting us using the details set out later in this Notice.

Disclosure of Your Personal Data

We may share your personal data with our subsidiaries and/or affiliates:

-          to administer and service private investment funds in which you are invested; and

-          to the following individuals employed by such subsidiaries and affiliates on a need to know basis, including without limitation, their respective attorneys, compliance professionals, human resources personnel, internal auditors, accountants, and members of senior management.

We will also share your personal data with trusted third parties including:

-          Banks and other financial institutions which, for example, act as administrators, trustees, brokers or custodians on behalf of the Private Advisors funds and separate accounts we manage;

-          Firms conducting Anti-Money Laundering, “Know Your Customer” and FATCA tax review with respect to Private Advisors’ onboarding of new investors with respect to its funds and separate accounts we manage;

-          Legal, accounting, and other advisers, consultants and professional experts, correspondents, and suppliers and service providers of any of the above, and each of their associated businesses;

-          Business partners, suppliers and sub-contractors only for the purposes of performance of any contract we enter into with them or you. We take reasonable steps to ensure that our staff protect your personal data, and are aware of their information security obligations;

-          Placement agents and introducers; and

-          Analytics and search engine providers that assist us in the improvement and optimization of our site.

We may disclose your personal data to third parties:

-          If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

-          If Private Advisors, its business, or its assets are acquired by a third party, in which case personal data held by it about its users, suppliers, or customers will be one of the transferred assets;

-          If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions (Legal) and other agreements; or if we reasonably consider this necessary; or to protect the rights, property, or safety of Private Advisors, our users, our customers, or others; and

-          For the purposes of crime prevention and fraud protection.

Marketing Communications

We, or trusted third parties on our behalf, may contact you by email or post with information about products and services that might be of interest to you. Where necessary, at the time that you provide your personal data to us, you will be given the opportunity to indicate whether or not you are happy for us to use your personal data in order to tell you about such products or services.

Where We Store Your Personal Data and How We Protect it

Some of the Private Advisors subsidiaries and/ or affiliates and third parties to whom Private Advisors discloses your personal data (as described above) are located in countries outside the EU that do not provide a level of protection to personal data equivalent to that provided by your home country.

The DPL permits the transfer of personal data to countries that have not be recognized as providing adequate protection where such transfer is necessary for the performance of a contract between the data subject and data controller. Because we are located in the United States of America, such transfers are necessary for you to invest in our products.

While we take reasonable steps to protect your personal data from loss or destruction, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our site; any transmission is at your own risk.  Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

Your Rights

You have various rights with respect to our use of your personal data:

-          Access: You have the right to request a copy of the personal data that we hold about you. Please note that there are exceptions to this right, so that access will be denied if, for example, making the information available to you would reveal personal data about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal data held about you. If you wish to do this, please contact us using the contact details provided below.

-          Accuracy: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using the contact details provided below to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.

-          Objecting: In certain circumstances, you also have the right to object to processing of your personal data and to ask us to block, erase and restrict your personal data. If you would like us to stop using your personal data, please contact us using the contact details provided below.

-          Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint to the applicable supervisory authority or to seek a remedy through the courts.

Please note that there are exceptions to these rights, if, for example, we are under a legal obligation to continue to process your personal data.

When we ask you to supply us with personal data we will make it clear whether the personal data we are asking for must be supplied so that we can provide the products and services to you, or whether the supply of any personal data we ask for is optional.

How Long We Keep Your Personal Data

We will retain your personal data, whether or not your account is active, for as long as we believe it necessary or desirable to fulfil our business purposes and to comply with applicable law and regulation, audit requirements, regulatory requests or orders from competent courts.

Personal Data collected will be retained pursuant to our record retention policy, and in most instances will not be retained longer than nine (9) years from the date you cease to be an investor in a Private Advisors fund or a separately managed account.

Changes to our Privacy Notice

Any changes we make to our Privacy Notice in the future will be posted on our website and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Notice.

Contact Details

Questions, comments and requests regarding this Notice are welcomed and should be addressed to clientservices@privateadvisors.com.

September 2019

California Consumer Protection Act

 

Click here to learn about our practices regarding the collection, use and disclosure of personal information about California residents who are covered by the California Consumer Privacy Act, and how covered individuals can exercise their rights.