Defining Personally Identifiable Information
Various laws and regulations use different terms and definitions for information about individuals that is personal and should be protected. Some laws and regulations consider only very limited types of information to be protected and private. Others include much broader categories.
At ECM, we have chosen to adopt the broader approach to what information must be protected and kept as private as possible. In this notice, “Personally Identifiable Information” (PII) refers to data that could be used, alone or in combination with other data, to identify you as an individual. It can include name, physical address, email address, IP address, date of birth, social security number, passwords, financial or payment information, and more.
Restricted Use Regarding Minors
This Site is not intended or designed to be used by children under the age of 13. We do not collect PII from any person we know to be under the age of 13 and instruct children under 13 not to send us any information.
Purposes for Collecting Your PII
We collect your PII for a variety of purposes including:
- For our everyday business purposes such as to process your transactions, maintain your accounts(s), or, if applicable, respond to court orders and legal investigations;
- The performance of obligations under your subscription agreement (including all applicable anti-money laundering, know your customer and other related laws, rules and regulations), including in connection with assessing suitability of potential investors;
- In order to offer certain products and services for which you are eligible;
- The administrative processes (and related communication) carried out between ECM and its service providers to assist in the investor onboarding process;
- Ongoing communication with you, your representatives, advisors and agents, (including the negotiation, preparation and execution of documentation) during the process of admitting you as a potential investor;
- The ongoing administrative, accounting, reporting and other processes and communication required to operate the business in accordance with the agreements and other applicable documentation between the parties;
- Keeping investors informed about the business of the general partner or sponsor of the applicable fund and its affiliates generally, as applicable, including offering opportunities to make additional investments;
- Managing job applications;
- Contacting you or your designated representative by phone, email, fax, or mail;
- Any legal or regulatory requirement; and
- Any other purpose that has been notified, or has been agreed, in writing.
Types of Information We Collect
ECM collects some of your PII. This section explains the PII that may be collected when using our Services, and the other information we may receive from other sources. Some examples are listed below:
- Contact details, such as your full name, e-mail address, postal address and telephone number;
- Background information;
- Usernames and passwords;
- Payment information, such as a bank account number;
- Feedback submitted to ECM for support; and
- Interests and communication preferences including marketing permissions where appropriate.
The types of PII we collect and use are generally limited to the categories listed below, but may include other information when needed to provide a Service:
- Contact Details - Name, address, email, phone number, Service requested
- Investment Documentation – Financial information, fund details; wire transfer instructions, assets, income, among other details.
- Recruitment Details – Employment application, background check information, references, credit history, work/education history.
We use various technologies to collect other types of information, including PII, automatically. For example, in order to measure our Site’s usefulness and efficiency, we automatically track certain information from all visitors to our Site. The types of information we might track may include the Internet address that you just came from, which Internet address you go to, what browser you are using, your IP address, your internet service provider, date and timestamp information, or clickstream information.
Sharing Your PII
Your PII may be combined with information we receive from other sources, or it may be provided to other organizations we work with. This section details that sharing of your PII.
Receiving PII from Third Parties
We may receive information about you from other sources and combine that information with the PII we collect directly from you. For example, we may receive payment information from the organization you use to pay us in order to correct our records. Additionally, to promote protection of your identity, we also may collect identity information which we use to help prevent and detect fraud.
Sharing PII with Third Parties
We will not sell your PII. If we share your PII with third parties performing services for us, or acting on our behalf, we will request that they maintain the confidentiality of your PII.
We may share your PII with our affiliates, business partners, and other third parties. We may do so for the purposes of operating our business, delivering and improving the Services we provide to you, as well as for other legitimate purposes permitted by applicable law such as sending marketing and other communications related to our business.
We may share your PII with third parties for a variety of additional purposes including, but not limited to:
- For our everyday business purposes, such as to process your transactions, maintain your account(s), and collect information respecting your transactions and experiences;
- For our affiliates to market to you;
- We may share your PII with third party service providers who perform services on our behalf or for your benefit, such as web hosting or verifying user information;
- We may share your PII with business partners and suppliers to provide Services and help facilitate transactions (including processing orders, event registrations, data storage, marketing communications and customer support);
- We may share PII within ECM and our affiliates and subsidiaries for data processing or storage purposes;
- We may disclose your PII to legal and/or government authorities, law enforcement, or other third parties as necessary in response to their requests for such information, to assist in investigations, comply with the legal process, or to meet national security requirements;
- We may disclose your PII to third parties in connection with claims, disputes or litigation, when otherwise required by law, if we determine its disclosure is necessary to protect the safety of you or us, or to enforce our legal rights or contractual commitments you have made;
- In the event that ECM and/or some of our assets are sold or transferred or used as security, for example, in connection with a merger, acquisition, joint venture, or financing or sale of assets, the information collected on our Site may be transferred to third parties as part of that; and
- Your PII may be disclosed in the event of our insolvency, bankruptcy or receivership.
Limiting Sharing PII with Third Parties
Please note that we do not share PII with third parties:
- For our marketing purposes - to offer our products and services to you
- For joint marketing with other financial companies
- For nonaffiliates to market to you
Data Storage and Retention
We reserve the right to retain and use your personal information for as long as necessary to comply with our legal obligations and business requirements and/or to resolve ongoing disputes and enforce our agreements.
Security of PII
We are committed to protecting your PII from unauthorized access and use. To help protect your personal information, we implement and maintain appropriate technical, physical, and administrative safeguards. Access to your personal information is restricted solely to those employees who need to know that information to provide our services to you. Our employees will receive training to maintain the confidentiality, privacy, and security of your personal information.
The California Consumer Privacy Act and Your Personal Data Rights
The California Consumer Privacy Act (“CCPA”) requires us to make certain additional disclosures and provides California residents with the ability to request additional information about their PII. If you are a California resident and it is determined that the CCPA applies to you, this section details those rights, how you may exercise them, and what ECM will do in response.
Please note that the rights under the CCPA do not apply to PII collected, processed, sold or disclosed pursuant to Gramm-Leach-Bliley Act (Public Law 106-102) and Fair Credit Reporting Act (12 CFR 1022).
If you are an individual who resides in California and whose personal data is collected and processed by ECM, you may have the right to:
- Request that we disclose, free of charge, the categories and specifics of the PII we collect about California residents (and/or, if applicable, sell or otherwise disclose to a third party for business purposes).
- Choose to opt-out of the sale of personal information. Currently, however, ECM does not sell personal information.
- Request that we delete the PII we have collected. Following our verification of the request, we will comply with the request and delete any or all the PII in our possession that we collected from the California resident and/or any or all such PII in the possession of our service providers, unless otherwise restricted by law or regulation.
Non-Discrimination for Exercising Your PII Rights.
We follow the requirements of California Civil Code §1798.125, and will not discriminate against any consumer who exercises the rights under the CCPA.
Questions or Concerns and Exercising Your PII Rights