Privacy Policy

YORK CAPITAL MANAGEMENT GLOBAL ADVISORS, LLC
PRIVACY POLICY
PROSPECTIVE INVESTORS

INTRODUCTION

York Capital Management Global Advisors, LLC (“York Capital”) recognizes the importance of protecting your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy applies to all potential investors and is effective25th May 2018.  

1.  IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy

This privacy policy aims to give you information on how York Capital collects and processes your personal data through your use of this website and otherwise, including any data you may provide when you enter into a transaction with us.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements any other notices and is not intended to override them.

Controller

If you are an EU national and reside in the EU, or are non-EU national residing in the EU, the data controller (as defined under EU data protection law) will be York Capital Management Global Advisors, LLC.

Contact details

Our full contact details are:

Full name of legal entity: York Capital Management Global Advisors, LLC
Email address: ycm@yorkcapital.com
Business address: 767 Fifth Avenue, 17th Floor, New York, NY 10153, United States
Telephone number: +1-212-300-1311

Changes to the privacy policy and your duty to inform us of changes

If this privacy policy is significantly or materially changed, we will provide clear notice of the update on the homepage of our website. Please check this policy frequently to ensure that you are familiar with its current content.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to other sites operated by third parties. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your personal data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • apply for our products or services; · create an account on our website;
  • enter into a transaction with us; or
  • enter into a Subscription Agreement.
  • Contact details, bank account details and details about payments to and from you and other details of your investments with us and any other products and services you have purchased from us from providers of technical, payment and delivery services.
  • Name, title, gender and contact details from data brokers or aggregators.
  • Name, title, gender and contact details from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that the legal bases in the table below are required to be specified under EU data protection law, but are not required, or required to be specified, if you are not an EU citizen/do not reside in the EU.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register your details as a potential investor
  1. Name, title, gender
  2. Contact details (personal or business email address, telephone numbers, address)
  3. Company and position
  4. Tax identification number
  5. Information from identification documents
  6. Financial information, such as bank account details
  7. Any other personal data that you may disclose to us during your relationship with us, such as in emails or correspondence
Legitimate interests:
  • Getting to know and keeping in contact with potential investors
  • Growing the fund
  • Responding to your communications with us
To document meetings with you as a potential investor
  1. Name, title, gender
  2. Contact details (personal or business email address, telephone numbers, address)
  3. Company and position
  4. Any other personal data that you may disclose to us during your relationship with us, such as in emails or correspondence
Legitimate interests:
  • Getting to know and keeping in contact with potential investors
To carry out background checks
  1. Name, title, gender
  2. Contact details (personal or business email address, telephone numbers, address)
  3. Tax identification number
  4. Information from identification documents
  5. Financial information, such as bank account details
Required by law:
  • Legal obligation to perform background checks for regulations such as Anti-Money Laundering.
To process and deliver transactions
  1. Name, title, gender
  2. Contact details (personal or business email address, telephone numbers, address)
  3. Company and position
  4. Tax identification number
  5. Information relating to any transaction you have entered into
  6. Financial information, such as bank account details
  7. Any other personal data that you may disclose to us during your relationship with us, such as in emails or correspondence
Legitimate interests:
  • Growing the fund
  • Responding to your communications with us
  • Necessary for Performance of Contract:
  • If you become an investor, we will be required to fulfil our obligations under any Subscription Agreement with you and any other documentation governing your investments
To manage your investor account
  1. Name, title, gender
  2. Contact details (personal or business email address, telephone numbers, address)
  3. Company and position
  4. Financial information, such as bank account details
  5. Information relating to any transaction you have entered into
Necessary for Performance of Contract:
  • If you become an investor, we will be required to fulfil our obligations under any Subscription Agreement with you and any other documentation governing your investments
To administer and protect our business and this website
  1. IP address
  2. Your login data
  3. Browser type and version
  4. Time zone setting and location
  5. Browser plug-in types and versions
  6. Operating system
  7. Platform and other technology on the devices you use to access the website
Legitimate interests:
  • Provision of administration and IT services
  • Performance documents and quarterly reports
  • Network security
  • To prevent fraud

Change of purpose

1.      We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact Us at (212) 300-1311 or ycm@yorkcapital.com

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with our other group entities and third parties for the following purposes:

Service Providers

·         Cloud services – we may disclose your personal data to cloud service provider(s) located in the USA in order to store, back up and recover data.

·         IT services – we may disclose your personal data to IT service providers in the USA to provide us with services such as website hosting.

·         Customer Relationship Management services – we may disclose your personal data to Customer Relationship Management service providers in the USA to manage investor engagements, store information, manage investments, service activities and information across the group.

Our other group entities

We may disclose your personal data to our other group entities including our offices based in London and Hong Kong in order to provide you with tailored services and communications, or in accordance with our business administrative practices.

Other third parties

·         Third party administrators – we may disclose your personal information to third party administrators in the USA, the Cayman Islands and Canada to carry out administrative duties such as the processing of your subscriptions and redemptions and complying with anti-money laundering laws and regulations.

·         Third party tax service providers – we may disclose your personal data to third party tax services in the USA to carry out tax services with regards to your investments.

Legal reasons

We may use or disclose your personal data as we deem necessary or appropriate under applicable laws; to respond to requests from public, governmental; and regulatory authorities; to comply with court orders, litigation procedures, and other legal processes; to obtain legal remedies or limit our damages; to protect the operations of our group entities; and to protect the rights, safety, or property of our employees, you, or others.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

Some of our group entities and service providers are located in the United States, the EU and Hong Kong. Accordingly, if you are an EU national and reside in the EU, or are non-EU national residing in the EU, please note that processing of your data will involve a transfer of data outside the European Economic Area (EEA).

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that where we use certain service providers based outside the EEA, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.

Such a transfer may also be necessary in order to perform a contract with you/fulfil your request and/or through obtaining your explicit consent.

Please Contact Us ((212) 300-1311 or ycm@yorkcapital.com) if you want further information on this specific mechanism used by us when transferring your personal data out of the EEA.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents and service providers who need to know that information in order to provide services to us and yourself. We maintain physical, electronic and procedural safeguards to protect your personal data.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

How long will you use my personal data for?

We retain your personal data only for as long as is necessary for our relationship with you, in accordance with applicable laws and in accordance with the following retention periods:

·         7 years for personal data retained in relation to front office services; and

·         10 years for personal data retained in relation to back office services.

We do not collect more personal data than we need to fulfil our purposes stated in this privacy policy, and we will not retain it for longer than is necessary.

9. PERSONAL DATA FROM MINORS

York Capital’s services are directed solely at adults. If you are under the age of sixteen (or if being a ‘minor’ is defined as a younger age in your relevant jurisdiction, that relevant age), please do not provide us with any of your personal data, including your email address.

10. YOUR LEGAL RIGHTS

Under certain circumstances, if you are an EU citizen/resident in the EU, you have the following rights under data protection laws in relation to your personal data:

·         Request access to your personal data. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

·         Request correction of your personal data. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

·         Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

·         Object to processing of your personal data. Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.

·         Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

·         Request transfer of your personal data. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.

·         Right to withdraw consent. If we rely on this as the legal basis of lawful processing, you may withdraw at any time.

·         Right to lodge a complaint with the supervisor authority. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. Alternatively if you are based in the EEA and outside of the UK, please contact your national regulator.

If you wish to exercise any of the rights set out above, please Contact Us at (212) 300-1311 or ycm@yorkcapital.com.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.