Privacy Notice For California Consumers

 

This notice contains disclosures required by the California Privacy Rights Act (“CPRA”). Terms defined in the CPRA have the same meaning when used in this notice. This notice is only relevant to California residents (“consumers” or “you”). Consumers with disabilities may access this notice by opening the attached disclosure here.

 

Information We Collect. In the past 12 months, we have collected and shared for a business purpose the following categories of personal information (“Personal Information”):

 

Category	Examples	Collected	Shared for Business Purpose
A. Identifiers	A real name, alias, email address, postal address, Internet Protocol (IP) address, account name, Social Security number, driver’s license number, passport number, or other similar personal identifiers.	YES	YES
B. Other personal information categories, as listed in the California Customer Records Statute	A signature, physical characteristics or description, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	YES	YES
C. Protected classification characteristics under California or federal law	Age (40 years or older), race, citizenship, marital status, sex, veteran or military status.	YES	YES
D. Commercial information	Account activity, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	YES
E. Biometric information	Fingerprints, faceprints, voiceprints, and iris or retina scans.	NO	NO
F. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	YES
G. Geolocation data	Physical location or movements.	YES	YES
H. Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information.	NO	NO
I. Professional or employment-related information	Current or past job history or performance evaluations.	YES	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act)	Education records directly related to a student maintained by an educational institution or party acting on its behalf.	NO	NO
K. Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO	NO
L. Sensitive personal information	A consumer’s SS, driver’s license, state ID card, or passport number; account log-in or debit/credit card number in combination with any access code, password, or account credentials; precise geolocation; racial/ethnic origin, religious/philosophical beliefs, or union membership; contents of mail, email, and text messages; genetic data; biometric information; PHI; or sex life or sexual orientation.	YES	YES

 

Personal Information does not include information that is publicly available, de-identified/ aggregated, or subject to HIPAA or GLBA.

 

We collect Personal Information from the following categories of sources:

 

•  Your communications with us; 

•  By observing your actions on our website;

•  Service providers, including, but not limited to:  administrators, lenders, banks, brokers, auditors, law firms, consultants, placement agents, employment agencies, credit bureaus, or other providers that collect your data on our behalf;

•  Affiliates not under the Pantera Capital brand;

•  Portfolio companies;

•  Nonprofit organizations; and

•  Government entities.

 

We do not knowingly collect, solicit or sell Personal Information from anyone under the age of 18.

 

Purpose for Collection and Use of Personal Information.  We may collect or use Personal Information for one or more of the following purposes:

 

•  Providing you with information about our products and services;

•  Providing you with performance and other updates;

•  One or more of the following business purposes:

•  Performing services (for us or our service provider or contractor) such as account servicing, processing orders and payments, and analytics;

•  Auditing related to our interactions with you (e.g., counting ad impressions to unique visitors, verifying positioning/quality of ad impressions, and auditing compliance, etc.);

•  Legal compliance;

•  Detecting and protecting against security incidents, fraud, and illegal activity;

•  Debugging;

•  Internal research for technological improvement;

•  Internal operations;

•  Activities to maintain and improve our services; and

•  Short-term, transient use, such that the personal information is not disclosed to another third party and is not used to build a profile about you;

•  Other commercial purposes, including, but not limited to: includes activities that are directed to advancing a commercial or economic interests, such as inducing a person to buy, rent, lease, join, subscribe to, provide or exchange products or services, or enabling or effecting a commercial transaction.

 

Sharing Personal Information.  We may disclose Personal Information to:

 

•  Service providers, including but not limited to: administrators, lenders, banks, brokers, auditors, law firms, consultants, placement agents, employment agencies, credit bureaus or other providers that collect your data on our behalf;

•  Affiliates;

•  Business partners;

•  Legal or government regulatory authorities as required by applicable law;

•  In connection with a potential business transfer; and

•  Third parties to whom you or your agents authorize us to disclose such information in connection with services we provide to you.

 

In the past 12 months, we have not sold Personal Information to third parties.

 

Length of Time. We will keep your Personal Information for as long as necessary to comply with our regulatory obligations.

 

Rights of California Consumers.  The CPRA provides a California consumer the following rights, subject to certain exceptions and limitations:

 

•  The right to request: (a) the categories and specific pieces of Personal Information we collect about you; (b) the categories of sources from which we collect your Personal Information; (c) our business or commercial purposes for collecting, selling or sharing your Personal Information; (d) the categories of Personal Information disclosed for a business purpose and the categories of persons to whom it was disclosed; (e) the categories of your Personal Information (if any) that we have either sold, shared, or disclosed.

•  For certain categories of Personal Information, the right to request a list of what we disclosed to third parties for their own direct marketing purposes in the past 12 months and the names and addresses of those third parties.

•  The right to request that we delete your Personal Information, subject to certain exceptions.

•  The right to opt out of our sale(s) (if any) of your Personal Information.

•  The right to request we correct any inaccurate Personal Information maintained about you.

•  The right to limit our use of your sensitive personal information to only use that is necessary to perform the services expected or provide the goods reasonably expected.

•  The right not to receive discriminatory treatment for exercising your CPRA rights.

 

You may submit requests relating to your exercise of CPRA rights to us via:

 

Phone 650-852-1700;

or

email legal@panteracapital.com

or

via online form available here: https://www.panteracapital.com/contact.

 

You may only make a verifiable request for access or data portability twice within a 12-month period. All verifiable requests must provide (1) enough information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative and (2) sufficient detail that allows us to properly evaluate and respond to it.

 

We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.

 

Information for Residents of the European Economic Area and the United Kingdom

 

How we collect information about you

 

We may collect personal data (as such term is defined in Regulation (EU) 2016/679 (General Data Protection Regulation) (including as such law forms part of the law of the United Kingdom) (“GDPR”)) about you through:

 

•  information provided directly to us by you, or another person on your behalf, through this website, or by email or post, or in person;

•  information that we obtain in relation to our marketing of our products and services; or

•  information that we obtain in relation to any transactions between you and us.

 

We may also, in some circumstances, receive personal information about you from third parties, such as service providers or trading counterparties, regulatory or law enforcement agencies, credit reference agencies and agencies conducting background checks. Personal information may also be obtained from publicly accessible sources of information, such as public databases, industry associations, social media and online professional networks.

 

Why we collect information about you

 

We may collect and use your personal information for the purposes of administering the relationship between us, marketing our products and services to you or the businesses with which you are associated, monitoring and analysing our activities, and complying with applicable legal or regulatory requirements.

 

We will use one of the permitted grounds under the applicable law to process your information. Such grounds include instances where you have given your consent and cases where your consent is not required under applicable law, such as where we are required to comply with a legal obligation, or where we, or a third party, determine that it is necessary for our legitimate interests to collect and use your personal information.

 

The legitimate interests to collect your personal information may include any of the purposes identified above and any other purpose where we or a third party have determined that you have a reasonable expectation for us or a third party to collect or use your personal information for such purpose. You have the right to object to the use of your personal data for direct marketing purposes.

 

The types of personal data we may collect and use

 

The categories of personal data we may collect will depend on the nature of our relationship with you and the purpose for which information is being collected. Such personal data may include names, residential addresses or other contact details, signature, nationality, date and place of birth, national insurance or other tax identification number, photographs, copies of identification documents, bank account details, information about assets or net worth, credit history, criminal and administrative offences, source of funds details, or other sensitive information, such as certain special categories of personal data contained in relevant documents or materials (including, in some circumstances, information about a person’s ethnic origin, religious beliefs, or health).

 

Do we use automated decision-making processes?

 

No.

 

Do we share your personal information with third parties?

 

We may (to the extent relevant to the purpose for which we collect your information), share your personal data with third parties, such as:

 

•  our affiliates or other entities that are part of our group or with our clients;

•  any person to whom we have a right or obligation to disclose personal data, or where we determine that disclosure is necessary to protect or defend our rights or property, including with regulators, courts of law, governmental, regulatory or law enforcement agencies;

•  our internet, IT, telecommunications and other service providers, including legal advisers, accountants, and administrators;

•  service providers and trading counterparties to our clients, including placement agents or distributors, brokers, banks, trading venues, clearing houses, custodians, corporate services providers, administrators of our funds, and providers of customer relationship management tools;

•  credit reference agencies and other third parties conducting background checks in the context of client, counterparty, or investment due diligence;

•  any person, as directed by you; or

•  any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.

 

Transfers of personal information to countries outside of the European Economic Area or United Kingdom

 

Due to the international nature of our business, your personal data may be transferred to countries outside of the European Economic Area or United Kingdom (as applicable), such as to jurisdictions where we or our clients conduct business or have a service provider, including countries, such as the United States, that may not have the same level of data protection as that afforded by the GDPR or other data protection rules applicable to us (collectively, “Data Protection Law”). In these circumstances, we take steps to ensure that the recipient agrees to keep your information confidential and that it is held securely in accordance with the requirements of Data Protection Law, such as by entering into legal agreements with service providers and between Pantera Capital group entities containing contractual requirements to comply with the Data Protection Law.

 

For how long do we keep your personal information?

 

We will generally keep personal information about you for as long as necessary in relation to the purpose for which it was collected, or for such longer period if required under applicable law or necessary for the purposes of our other legitimate interests.

 

The applicable retention period will depend on various factors, such as any legal obligation to which we or our service providers are subject as well as on whether you decide to exercise your right to request the deletion of your information from our systems. As a minimum, information about you will be retained for the entire duration of any business relationship we may have with you.

 

We will, from time to time, review the purpose for which we have collected information about you and decide whether to retain it, update it, or securely delete it, if the information is no longer required.

 

What are your rights?

 

You have certain rights under Data Protection Law in respect of the personal data we hold about you and which you may exercise. These rights are:

 

•  to request access to your information;

•  to request rectification of inaccurate or incomplete information;

•  to request erasure of your information (a “right to be forgotten”);

•  to restrict the processing of your information in certain circumstances;

•  to object to our use of your information, such as where we have considered such use to be necessary for our legitimate interests (e.g. in the case of direct marketing activities);

•  where relevant, to request the portability of your information;

•  where you have given consent to the processing of your data, to withdraw your consent; and

•  to lodge a complaint with the competent supervisory authority.

 

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.

 

Complaining to the competent supervisory authority or the ICO

 

If you are located in the European Economic Area, you have the right to complain to the competent supervisory authority of your country.

 

If you are located in the United Kingdom, you have the right to complain to the Information Commissioner’s Office (“ICO”). Further information is available from the ICO’s website.

 

Questions

 

If you have questions regarding this Privacy Policy or requests with regards to the personal data we hold, please contact us at legal@panteracapital.com.