VIRAGE CAPITAL MANAGEMENT LP
We collect nonpublic personal information about Individuals from the following sources:
- Information we receive from an Individual in Fund subscription materials or loan application materials, or other related documents or forms;
- Information about an Individual’s transactions with a Fund, its affiliates, or others, including service providers that are necessary to carry on our everyday business; and
- Information we may receive from a consumer reporting agency.
We do not disclose any nonpublic personal information about our prospective, existing or former Individual subscribers or counterparties to anyone, except to service providers, and counterparties that have been advised as to the proper handling of the information and otherwise as permitted or required by law and regulation.
We restrict access to nonpublic personal information about its Individuals to our employees and agents who have been advised as to the proper handling of such information and who need to know that information in order to provide services to its Individuals. We may also disclose such information to its affiliates and to service providers and financial institutions that provide services to us that are necessary or appropriate for the administration of a Fund and the effectuation of its transactions or are otherwise permitted by applicable law, such as prime brokers, auditors, and administrators. We require such third party service providers and financial institutions to protect the confidentiality of the an Individual’s nonpublic personal information and to use the information only for purposes for which it is disclosed to them. We may also disclose nonpublic personal information to regulatory authorities as required or permitted by applicable law. We maintain physical, electronic, and procedural safeguards that comply with federal standards to safeguard an Individual’s nonpublic personal information and which we believe are adequate to prevent unauthorized disclosure of such information.
We do not otherwise provide information about current, former and prospective an Individual Fund subscriber or counterparty to outside firms, organizations or individuals except at the an Individual’s request or to attorneys, accountants, and auditors of any current, former and prospective Individual.
For Cayman Islands Fund Entities
The Fund collects personal information about its Subscribers from the following sources:
- Information the Fund receives from a Subscriber in subscription application or other related documents or forms;
- Information about a subscriber’s transactions with the Fund, its affiliates, or others, including service providers that are necessary to carry on our everyday business; and
- Information the Fund may receive from a consumer reporting agency.
The Fund, as the data controller, may collect, store and use personal information for lawful purposes, including, in particular:
- where this is necessary for the performance of the Fund's rights and obligations under the subscription documents and/or the constitutional and operational documents of the Fund;
- where this is necessary for compliance with a legal and regulatory obligation to which the Fund is subject (such as compliance with anti-money laundering and FATCA/CRS requirements); and/or
- where this is necessary for the purposes of the Fund's legitimate interests and such interests are not overridden by the individual's interests, fundamental rights or freedoms.
The Fund does not disclose any personal information about its prospective, existing or former Subscribers to anyone, except to service providers, and counterparties that have been advised as to the proper handling of the information and otherwise as permitted or required by law and regulation, including the DPL.
The Fund restricts access to personal information about its Subscribers to those employees and agents of the Fundwho have been advised as to the proper handling of such information and who need to know that information in order to provide services to its subscribers. The Fund may also disclose such information to its affiliates and to service providers and financial institutions that provide services to the Fund that are necessary or appropriate for the administration of the Fund and the effectuation of its transactions or are otherwise permitted by applicable law, such as prime brokers and administrators. The Fund will require such third party service providers and financial institutions to protect the confidentiality of the subscribers’ personal information and to use the information only for purposes for which it is disclosed to them. The Fund may also disclose personal information to regulatory authorities as required or permitted by applicable law. The Fund maintains physical, electronic, and procedural safeguards that comply with U.S. federal standards to safeguard the Subscribers’ personal information and which the Fund believes are adequate to prevent unauthorized disclosure of such information. Any transfers of personal information by the Fund or its service providers outside of the jurisdiction or area from which it was collected shall be in accordance with the DPL.
The Fund does not otherwise provide information about current, former and prospective individual Subscribers to outside firms, organizations or individuals except at the subscriber’s request or to attorneys, accountants and auditors of any current, former and prospective individual Subscriber.
Where a corporate or institutional subscriber has provided personal information on individuals connected with them for any reason in relation to its investment with the Fund, this notice will be relevant for those individuals and such subscribers should transmit this document to such individuals or otherwise advise them of its contents.
Virage Capital Management LP
Terms used herein have the meaning ascribed to them in the CCPA. Weare each a “business.”
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information like personal information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations.
Notice at Collection and Use of Personal Information
Personal Information We Collect
Depending on how you interact with us, we may collect certain categories of personal information from or about you, including:
- Identifiers such as, your name, address, date of birth, email address, social security number, driver’s license number, passport number, or other similar identifiers.
- Additional information subject to California Civil Code Section 1798.80(e), such as a signature, education information, state identification number, credit card, bank account, assets, account balances, wire instructions or other financial information.
- Characteristics of protected classifications under California or federal law, including, your sex or gender, national origin, or marital status.
- Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies. For example, funds invested in the prior year, investments considered, or sources of wealth.
- Audio, electronic, visual, or similar information.
- Internet or other electronic network activity information, including, for example, information regarding your interaction with our website or use of certain online tools, such as account information tools provided by the administrator.
- Professional or employment-related information, including your current or former employer or your current professional title.
- Inferences drawn from any of the information identified above to create a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, investment sophistication, abilities, and aptitudes. For example, information on your potential interest in investing in new funds or investment vehicles based on various information.
- Sensitive personal information under the CCPA such as your social security number, passport number, driver’s license or state identification card.
Purposes for Collecting and Using Personal Information
We may collect and use your personal information for the following purposes, including:
- Performing services on behalf of a fund or investment vehicle, including, for example, maintaining or servicing accounts, providing customer service, processing transactions, verifying information, processing payments, or providing similar services on behalf of a fund or investment vehicle.
- Communicating with you.
- Performing our contractual obligations to a California Resident as a subscriber to a fund or investment vehicle, including, processing initial subscriptions and providing updates on a fund’s or investment vehicle’s performance and other operational matters.
- Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks.
- Enabling or effecting commercial transactions, including, using your bank account details to remit funds and process distributions.
- Where permitted by applicable law, providing you with marketing or promotional materials.
- Internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
How Long We Keep Information
How long we keep your personal information will vary depending on the type of personal information and our reasons for collecting it. The retention period will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those purposes) and our legal obligations (as laws or regulations may set a minimum period for which we have to keep your personal information). In general, we will retain your personal information for as long as we require it to perform our contractual rights and obligations or for periods required by our legal and regulatory obligations.
Sale or Sharing of Personal Information
Our Collection, Use and Disclosure of Personal Information and Sensitive Personal Information
Information We Have Collected and Our Purpose for Collecting It
In the preceding 12 months, and depending on how you interact with us, we may have collected the categories of personal information listed above in Personal Information We Collect.We may have collected all or a few of these categories of personal information for the business or commercial purposes identified in Purpose for Collecting and Using Personal Information.
Sources of Personal Information
We may collect personal information about you directly from you and/or your intermediaries through sources such as:
- account applications, subscription agreements, and other forms or related documentation;
- written, electronic, or verbal correspondence with us or our service providers;
- investor transactions;
- an investor’s brokerage or financial advisory firm, financial advisor, or consultant; and/or
- from information captured on applicable websites.
In addition, we may collect personal information from different sources, such as:
- our affiliates, our service providers, or our affiliates’ service providers;
- public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; and/or
- from credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.
Disclosure of Personal Information
We do not sell or share your personal information (as those terms are defined under the CCPA). We do not knowingly sell or share the personal information of California residents under 16 years old.
In the preceding 12 months, we have disclosed for a business purpose, the following categories of personal information to the following categories of third parties, as described in the following chart:
Category of Personal Information
Category of Third Party
Identifiers (for example your name, address, DOB, SSN, driver’s license, passport number and online identifiers)
Additional information subject to Cal. Civ. Code § 1798.80(e) (for example, a signature, state identification card number, financial information, or bank account information)
Characteristics of protected classifications under certain federal or state laws (for example gender, age, national origin, citizenship or marital status)
Internet or Electronic Network Activity Information, including interactions with our website or use of certain online tools
Audio (e.g., voicemail), electronic, visual or similar information
Professional or Employment Related Information, including occupation, compensation, employer and title
In addition, we may disclose and, in the preceding 12 months, we may have disclosed all of the categories of personal information identified in Personal Information We Collect above, to the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law. We may disclose personal information to all of the third parties listed above to comply with our legal obligations or for the business or commercial purposes identified above in Purposes for Collecting and Using Personal Information. We may also transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. Additionally, we may disclose your personal information to third parties upon your request, at your direction or with your consent.
We may disclose or make available your personal information with our service providers such as our IT providers other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in. or as otherwise permitted by, the CCPA.
Use and Disclosure of Sensitive Personal Information
As noted above in Personal Information We Collect, under the CCPA, certain personal information we collect and process may be considered “sensitive personal information.” The CCPA requires that we provide you with a right to limit our use or disclosure of such sensitive personal information in certain circumstances. Currently, we are not using your sensitive personal information for purposes that would require that we provide you with a right to limit.
California Residents’ Rights under the CCPA
If your personal information is subject to the CCPA, you may have certain rights concerning your personal information, subject to applicable exemptions and limitations, including the right to: (i) be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used; (ii) not be discriminated against because you exercise any of your rights under the CCPA; (iii) request that we delete any personal information about you that we collected or maintained, subject to certain exceptions (“Request to Delete”); (iv) opt-out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not); (v) opt-out of the “sharing” (as that term is defined in the CCPA) of your personal information if a business shares your personal information with third parties (we do not); (vi) limit the use and disclosure of sensitive personal information where required by the CCPA (“Right to Limit”) (please note that we are not using your sensitive personal information for purposes that would require that we provide you with a Right to Limit); (vii) correct inaccurate personal information (“Request to Correct”); and (iv) request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”): (a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting or selling the personal information; (d) the categories of third parties with which we disclose personal information about you; and (e) the specific pieces of personal information we have collected about you.
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information like personal information collected, processed, sold or disclosed pursuant to the pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.
How to Submit a Request under the CCPA
You may submit Requests to Know, Request to Correct or a Request to Delete (“Consumer Rights Request”), as described above, through the following telephone number: (713) 840-7700, or by sending an email to the following email address: email@example.com with “CCPA Rights Request” in the subject line, or through our website at the following link https://www.viragecm.com/contact-us/.
We are only required to respond to verifiable Consumer Rights Requests made by you or your legally authorized agent. When you submit a Consumer Rights Request, we may ask that you provide clarifying or identifying information to verify your request. Such information may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, your name and email address. Any information gathered as part of the verification process will be used for verification purposes only.
You are permitted to designate an authorized agent to submit a Consumer Rights Request on your behalf and have that authorized agent submit the request through the provided methods. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on your behalf. We may also require that you directly verify your own identity with us and directly confirm with us that you provided the authorized agent permission to submit the request.
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